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113-hr-2456

I 113th CONGRESS 1st Session H. R. 2456 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Bishop of Utah (for himself, Mr. Duncan of South Carolina , Mr. Jones , Mr. Amodei , Mr. Lankford , Mr. Stutzman , Mr. Walden , Mr. Wilson of South Carolina , Mr. Huizenga of Michigan , Mr. Nunnelee , Mr. Chabot , Mr. Poe of Texas , Mr. Issa , Mr. Sessions , Mr. Gosar , Mr. Gardner , Mr. Pittenger , Mr. Labrador , Mr. McHenry , Mr. Kinzinger of Illinois , Mr. Ryan of Wisconsin , and Mr. Gingrey of Georgia ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To allow a State to submit a declaration of intent to the Secretary of Education to combine certain funds to improve the academic achievement of students. 1. Short title; table of contents; purpose; definitions (a) Short title This Act may be cited as the “ Academic Partnerships Lead Us to Success Act ” or the A PLUS Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; purpose; definitions. Sec. 2. Declaration of intent. Sec. 3. Transparency for results of public education. Sec. 4. Maintenance of funding levels spent by States on education. Sec. 5. Administrative expenses. Sec. 6. Equitable participation of private schools. (c) Purpose The purposes of this Act are as follows: (1) To give States and local communities maximum flexibility to determine how to improve academic achievement and implement education reforms. (2) To reduce the administrative costs and compliance burden of Federal education programs in order to focus Federal resources on improving academic achievement. (3) To ensure that States and communities are accountable to the public for advancing the academic achievement of all students, especially disadvantaged children. (d) Definitions (1) In general Except as otherwise provided, the terms used in this Act have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 et seq. ). (2) Other terms In this Act: (A) Accountability The term accountability means that public schools are answerable to parents and other taxpayers for the use of public funds and shall report student progress to parents and taxpayers regularly. (B) Declaration of intent The term declaration of intent means a decision by a State, as determined by State Authorizing Officials or by referendum, to assume full management responsibility for the expenditure of Federal funds for certain eligible programs for the purpose of advancing, on a more comprehensive and effective basis, the educational policy of such State. (C) State The term State has the meaning given such term in section 1122(e) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6332(e) ). (D) State authorizing officials The term State Authorizing Officials means the State officials who shall authorize the submission of a declaration of intent, and any amendments thereto, on behalf of the State. Such officials shall include not less than 2 of the following: (i) The governor of the State. (ii) The highest elected education official of the State, if any. (iii) The legislature of the State. (E) State designated officer The term State Designated Officer means the person designated by the State Authorizing Officials to submit to the Secretary, on behalf of the State, a declaration of intent, and any amendments thereto, and to function as the point-of-contact for the State for the Secretary and others relating to any responsibilities arising under this Act. 2. Declaration of intent (a) In general Each State is authorized to submit to the Secretary a declaration of intent permitting the State to receive Federal funds on a consolidated basis to manage the expenditure of such funds to advance the educational policy of the State. (b) Programs eligible for consolidation and permissible use of funds (1) Scope A State may choose to include within the scope of the State's declaration of intent any program for which Congress makes funds available to the State if the program is for a purpose described in the Elementary and Education Secondary Act of 1965 ( 20 U.S.C. 6301 ). A State may not include any program funded pursuant to the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (2) Uses of funds Funds made available to a State pursuant to a declaration of intent under this Act shall be used for any educational purpose permitted by State law of the State submitting a declaration of intent. (c) Contents of declaration Each declaration of intent shall contain— (1) a list of eligible programs that are subject to the declaration of intent; (2) an assurance that the submission of the declaration of intent has been authorized by the State Authorizing Officials, specifying the identity of the State Designated Officer; (3) the duration of the declaration of intent; (4) an assurance that the State will use fiscal control and fund accounting procedures; (5) an assurance that the State will meet the requirements of applicable Federal civil rights laws in carrying out the declaration of intent and in consolidating and using the funds under the declaration of intent; (6) an assurance that in implementing the declaration of intent the State will seek to advance educational opportunities for the disadvantaged; and (7) a description of the plan for maintaining direct accountability to parents and other citizens of the State. (d) Duration The duration of the declaration of intent shall not exceed 5 years. (e) Review and recognition by the secretary (1) In general The Secretary shall review the declaration of intent received from the State Designated Officer not more than 60 days after the date of receipt of such declaration, and shall recognize such declaration of intent unless the declaration of intent fails to meet the requirements under subsection (c). (2) Recognition by operation of law If the Secretary fails to take action within the time specified in paragraph (1), the declaration of intent, as submitted, shall be deemed to be approved. (f) Amendment to declaration of intent (1) In general The State Authorizing Officials may direct the State Designated Officer to submit amendments to a declaration of intent that is in effect. Such amendments shall be submitted to the Secretary and considered by the Secretary in accordance with subsection (e). (2) Amendments authorized A declaration of intent that is in effect may be amended to— (A) expand the scope of such declaration of intent to encompass additional eligible programs; (B) reduce the scope of such declaration of intent by excluding coverage of a Federal program included in the original declaration of intent; (C) modify the duration of such declaration of intent; or (D) such other modifications that the State Authorizing Officials deem appropriate. (3) Effective date The amendment shall specify an effective date. Such effective date shall provide adequate time to assure full compliance with Federal program requirements relating to an eligible program that has been removed from the coverage of the declaration of intent by the proposed amendment. (4) Treatment of program funds withdrawn from declaration of intent Beginning on the effective date of an amendment executed under paragraph (2)(B), each program requirement of each program removed from the declaration of intent shall apply to the State's use of funds made available under the program. 3. Transparency for results of public education (a) In general (1) Informing the public about Assessment and Proficiency Each State operating under a declaration of intent under this Act shall inform parents and the general public regarding the student achievement assessment system, demonstrating student progress relative to the State's determination of student proficiency, as described in paragraph (2), for the purpose of accountability. (2) Assessment and Standards Each State operating under a declaration of intent under this Act shall establish and implement a single system of academic standards and academic assessments, including the development of student proficiency goals. Such State may apply the academic assessments and standards described under section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 ) or establish and implement different academic assessments and standards. (b) Accountability system The State shall determine and establish an accountability system to ensure accountability under this Act. (c) Report on student progress Not later than 1 year after the effective date of the declaration of intent, and annually thereafter, a State shall disseminate widely to parents and the general public a report that describes student progress. The report shall include— (1) student performance data disaggregated in the same manner as data are disaggregated under section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3)(C)(xiii) ); and (2) a description of how the State has used Federal funds to improve academic achievement, reduce achievement disparities between various student groups, and improve educational opportunities for the disadvantaged. 4. Maintenance of funding levels spent by States on education (a) In general For each State consolidating and using funds pursuant to a declaration of intent under this Act, for each school year of the declaration of intent, the aggregate amount of funds spent by the State on elementary and secondary education shall be not less than 90 percent of the aggregate amount of funds spent by the State on elementary and secondary education for the school year that coincides with the date of enactment of this Act. (b) Exception (1) State waiver claim The requirement of subsection (a) may be waived by the State Authorizing Officials if the State having a declaration of intent in effect makes a determination, supported by specific findings, that uncontrollable or exceptional circumstances, such as a natural disaster or extreme contraction of economic activity, preclude compliance for a specified period, which may be extended. Such determination shall be presented to the Secretary by the State Designated Officer. (2) Action by the Secretary The Secretary shall accept the State's waiver, as described in paragraph (1), if the State has presented evidence to support such waiver. The Secretary shall review the waiver received from the State Designated Officer not more than 60 days after the date of receipt. If the Secretary fails to take action within that time frame, the waiver, as submitted, shall be deemed to be approved. 5. Administrative expenses (a) In general Except as provided in subsection (b), the amount that a State with a declaration of intent may expend for administrative expenses shall be limited to 1 percent of the aggregate amount of Federal funds made available to the State through the eligible programs included within the scope of such declaration of intent. (b) States not consolidating funds under part A of title I If the declaration of intent does not include within its scope part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), the amount spent by the State on administrative expenses shall be limited to 3 percent of the aggregate amount of Federal funds made available to the State pursuant to such declaration of intent. 6. Equitable participation of private schools Each State consolidating and using funds pursuant to a declaration of intent under this Act shall provide for the participation of private school children and teachers in the activities assisted under the declaration of intent in the same manner as participation is provided to private school children and teachers under section 9501 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7881 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2456ih/xml/BILLS-113hr2456ih.xml

113-hr-2457

I 113th CONGRESS 1st Session H. R. 2457 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Bera of California (for himself, Mrs. Napolitano , Ms. Lee of California , Ms. Norton , Mr. Rangel , Ms. Moore , Ms. Slaughter , Ms. Speier , Ms. Schakowsky , Mr. Connolly , Mr. Payne , Ms. Brownley of California , Ms. Titus , Mr. Swalwell of California , Mrs. Capps , Mr. Grijalva , Mr. Conyers , Mrs. Carolyn B. Maloney of New York , Ms. Roybal-Allard , Mr. Ellison , Mr. Levin , Mr. Cicilline , Ms. Pingree of Maine , Ms. Wilson of Florida , Mr. Lowenthal , Mr. Honda , Ms. Hahn , Ms. Linda T. Sánchez of California , Mr. Farr , Mr. Sherman , Mr. Costa , Mrs. Negrete McLeod , Mr. Perlmutter , Ms. Lofgren , Mr. Cárdenas , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for a national public outreach and education campaign to raise public awareness of women’s preventive health. 1. Short title This Act may be cited as the Women’s Preventive Health Awareness Campaign . 2. Findings Congress makes the following findings: (1) Well-woman visits are the foundation on which women’s preventive care is built. Such visits include not only specific screening tests, but also a medical history, physical examination, evaluation and counseling, and, as indicated, vaccinations. (2) Over the past 20 years, it has become clear that “one size does not fit all” when it comes to prevention. Although a 30-year-old woman without risk factors for cervical cancer may only need a Pap test with HPV co-testing every 5 years, the same woman would need more frequent screening if she were infected with HIV or had a history of cervical cancer precursors. (3) It is only after taking a medical history and evaluating and counseling a patient that a physician can make patient-specific recommendations for screening tests, vaccinations, preventive medications, and other preventive services. (4) Well-woman visits facilitate increased access to health care that is shown to identify chronic disease risk factors, promote well-being, and decrease the likelihood or delay the onset of a targeted disease or condition. (5) Heart disease, stroke, and other cardiovascular diseases are the number one cause of death in American women, claiming over 400,000 lives each year, or nearly one death each minute. (6) Women are less likely than men to receive aggressive diagnosis and treatment for cardiovascular diseases. (7) Women are more likely than men to have forgone needed health care due to cost. (8) Between 2002 and 2010, screening mammography rates among women in the United States who were 50 years of age to 64 years of age declined from about 79 percent to 73 percent. (9) In 2009, only 53 percent of 18- to 64-year-olds in the United States reported having ever received an HIV test. (10) The proportion of women in the United States 22 years of age to 30 years of age who reported never having had a Pap test increased from 6.6 percent in 2000 to 9.0 percent in 2010 despite current recommendations that they receive a Pap test every three years. (11) In 2007, 29.3 percent of women in the United States delivering a live birth did not receive any prenatal care in the first trimester, even though first trimester prenatal care is recommended. (12) Among sexually active females in the United States who are 16 years of age to 20 years of age, only 52.7 percent of such females receiving benefits under the Medicaid program and 40.1 percent of such females with health insurance coverage under commercial health insurance plans were screened for genital Chlamydia infections during the measurement year, as reported in 2008. A 2013 analysis published by the Centers for Disease Control and Prevention found that for Chlamydia cases diagnosed in 2008 alone, the associated lifetime direct medical costs amount to $516.7 million. (13) Almost half (49 percent) of the 6.7 million pregnancies in the United States each year (3.2 million) are unintended. Multiple studies have shown that improved access to birth control significantly improves the health of women and their families, as it is directly linked to improved maternal and infant health outcomes. Women that plan their pregnancies are more likely to access prenatal care, improving their own health and the health of their children. (14) Between 2006 and 2010, one-third of all pregnancies were conceived within 18 months of a previous birth, an interval that is potentially harmful to the health of the mother. (15) Improved access to family planning also saves money. For every $1.00 invested in family planning, taxpayers save nearly $4.00 in Medicaid-related expenses. (16) During the 2011–2012 flu season, 53 percent of pregnant women did not receive recommended vaccination against influenza. 3. Women’s Preventive Health Awareness Campaign Part P of title III of the Public Health Service Act (42 U.S.C. 280g et al.) is amended by adding at the end the following new section: 399V–6. Women’s Preventive Health Awareness Campaign (a) In general The Secretary shall provide for the planning and implementation of a national public outreach and education campaign to raise public awareness, including provider awareness, of women’s preventive health. Such campaign shall include the media campaign under subsection (b) and the website under subsection (c) and shall provide for the dissemination of information that— (1) describes the guidelines for women’s preventive services, including the cervical cancer recommendations updated in 2012, by the United States Preventive Services Task Force, by the American College of Obstetricians and Gynecologists (ACOG), and by the American Cancer Society, the American Society for Colposcopy and Cervical Pathology, and the American Society for Clinical Pathology; (2) promotes well-woman visits for health assessments which include screenings, evaluations, counseling, immunizations, and prenatal visits, as appropriate; (3) explains the women’s preventive services that are required under section 2713 to be covered without cost-sharing by a group health plan or a health insurance issuer offering group or individual health insurance coverage that is not a grandfathered plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act); and (4) addresses health disparities in the area of women’s prevention. (b) Media campaign (1) In general Not later than 1 year after the date of the enactment of this section, as part of the campaign under subsection (a), the Secretary shall establish and implement a national media campaign. (2) Requirement of campaign The campaign implemented under paragraph (1)— (A) shall disseminate information about the updated guidelines for women’s preventive services described in subsection (a)(1), promote well-woman visits described in subsection (a)(2), and provide information on the women’s preventive services described in subsection (a)(3); and (B) may include the use of television, radio, Internet, and other commercial marketing venues. (c) Website As part of the campaign under subsection (a), the Secretary shall, in consultation with private sector experts or through contract with a private entity including a medical association or non-profit organization, maintain and update an Internet website to provide information and resources about the updated guidelines for women’s preventive services described in subsection (a)(1), promote well-woman visits, and provide information on the women’s preventive services described in subsection (a)(3). (d) Funding The Secretary may use, out of any funds otherwise made available to the Department of Health and Human Services, such sums as may be necessary to carry out this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2457ih/xml/BILLS-113hr2457ih.xml

113-hr-2458

I 113th CONGRESS 1st Session H. R. 2458 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Brooks of Alabama introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To terminate any Federal employee who refuses to answer questions or gives false testimony in a congressional hearing. 1. Cause for Termination When Granted Immunity Any Federal employee who refuses to answer questions in a congressional hearing after being granted immunity shall be terminated from employment. 2. Cause for Termination Without Waiver of Immunity Any Federal employee who, in a congressional hearing, refuses to answer questions specifically, directly, and narrowly relating to the official duties of such employee, without being required to waive immunity with respect to the use of answers or the fruits thereof in a criminal prosecution of such employee, shall be terminated from employment. 3. False Testimony Cause for Termination If three-fourths of the congressional body to whom the testimony was given finds that a Federal employee willfully or knowingly gave false testimony in a congressional hearing, then such employee shall be terminated from employment.

https://www.govinfo.gov/content/pkg/BILLS-113hr2458ih/xml/BILLS-113hr2458ih.xml

113-hr-2459

I 113th CONGRESS 1st Session H. R. 2459 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. DeLauro (for herself, Mr. Schiff , Mr. Higgins , Mr. Grijalva , Mr. Michaud , Mr. Vargas , Ms. Lee of California , Ms. Hahn , Mrs. Napolitano , Ms. Loretta Sanchez of California , Ms. Slaughter , Ms. Kaptur , Ms. Titus , Ms. Brown of Florida , Mr. Keating , Mr. Sires , Ms. Esty , Mr. Pascrell , Mr. Brady of Pennsylvania , Mr. Israel , Mr. Ellison , Mr. Tonko , Mr. Barber , Mr. Pocan , Mr. Walz , Mr. Grimm , Ms. Schakowsky , Mr. Ben Ray Luján of New Mexico , Ms. Sinema , Mr. Andrews , Mr. Markey , Mr. Vela , Mr. Huffman , Mr. Conyers , Ms. Clarke , Mr. Payne , Mr. McGovern , Ms. Shea-Porter , Mr. Takano , Mr. DeFazio , Mrs. Davis of California , Mr. Rush , Ms. Eshoo , Mr. Welch , Ms. Sewell of Alabama , Ms. Bass , Ms. Pingree of Maine , Ms. Jackson Lee , Ms. McCollum , Mr. Nolan , Mr. Cárdenas , Ms. Chu , Ms. Schwartz , Mr. Blumenauer , Mr. Hastings of Florida , Mr. Lewis , Mr. Ruiz , Mr. Serrano , Mr. Courtney , Mr. Engel , Mr. Larson of Connecticut , Mr. Meeks , Mr. Peterson , Ms. Bonamici , and Mr. Veasey ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To reinstate overnight delivery standards for market-dominant products, and for other purposes. 1. Short title This Act may be cited as the Protect Overnight Delivery Act . 2. Market-dominant product service standards With respect to market-dominant products (as that term is described in subchapter I of chapter 36 of title 39, United States Code)— (1) the service standards implemented by the United States Postal Service on July 1, 2012, are repealed and shall have no force or effect; and (2) the Postal Service shall reinstate the service standards that were in effect on December 31, 2011.

https://www.govinfo.gov/content/pkg/BILLS-113hr2459ih/xml/BILLS-113hr2459ih.xml

113-hr-2460

I 113th CONGRESS 1st Session H. R. 2460 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to provide for the establishment of the Ports as Small Business Incubators Program to provide eligible small businesses with access to commercial real property, and for other purposes. 1. Short title This Act may be cited as the Ports as Small Business Incubators Act of 2013 . 2. In general 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 inserting after section 44 the following: 45. Ports as Small Business Incubators Program (a) Establishment Not later than 180 days after the date of enactment of the Ports as Small Business Incubators Program Act of 2013, the Administrator shall establish the Ports as Small Business Incubators Program described in this section. (b) Eligible participants Any port authority that submits an application in such form and containing such information as the Administrator may require is eligible to be a participant in the Ports as Small Business Incubators Program. The Administrator shall, in the Administrator’s discretion, select participants from among applicants. (c) Grant awards The Administrator shall award to each participant in the Program a grant in an amount not less than $300,000 and not more than $500,000. The grant shall be for a term of 5 years. A participant who has received a grant and who has complied with subsection (e) may, after the expiration of the grant term, apply, in such form and manner as the Administrator shall require, for an additional grant. (d) Grant uses (1) In general A grant under subsection (c) may only be used for the costs of providing to eligible small business concerns access to commercial real property. In providing access under this subsection, the participant in the Program shall give priority to the following: (A) Small business concerns owned and controlled by women. (B) Small business concerns owned and controlled by veterans. (C) Small business concerns owned and controlled by socially and economically disadvantaged individuals. (D) Small business concerns that the participant in the Program determines would create green jobs. (2) Eligible small business concerns The Administrator shall by rule provide for criteria for an eligible small business concern. (3) Green jobs For purposes of this subsection, the term green jobs means jobs involving the development of clean energy and improving air and water quality. (e) Terms and conditions of participation A participant in the Program shall— (1) use the grant awarded under subsection (c) only for the uses enumerated in subsection (d); and (2) on January 1 of each year of the grant term, submit to the Administrator a report on how the grant was used and how many eligible small business concerns were provided with access to commercial real property. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2460ih/xml/BILLS-113hr2460ih.xml

113-hr-2461

I 113th CONGRESS 1st Session H. R. 2461 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to make permanent the Small Loan Advantage program, and for other purposes. 1. Short title This Act may be cited as the SBA Loan Paperwork Reduction Act of 2013 . 2. Small Loan Advantage program Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended by adding at the end the following: (36) Small loan advantage (A) Permanent establishment The Administrator shall carry out a Small Loan Advantage program in accordance with this paragraph. (B) Administration of program Except as otherwise provided under this paragraph, the Administrator shall carry out the Small Loan Advantage program in the same manner as the Small Loan Advantage loan initiative of the Administration— (i) under which lenders were eligible to begin submitting loans on February 15, 2011; and (ii) as in effect on June 1, 2013. (C) Nonapplicability of pilot program limitations No limitation under paragraph (25)(A) applies to the Small Loan Advantage program under this paragraph. (D) Increased flexibility The Administrator is authorized to increase the program’s maximum loan amount, to reduce the program’s fees, and to further streamline the program’s loan approval process if the Administrator determines that such adjustments would be fair and appropriate. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2461ih/xml/BILLS-113hr2461ih.xml

113-hr-2462

I 113th CONGRESS 1st Session H. R. 2462 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on Small Business A BILL To amend subsection (a) of section 7 of the Small Business Act to eliminate guarantee fees for loans guaranteed under that subsection where the total loan amount is not more than $150,000. 1. Short title This Act may be cited as the Small Business Opportunity Acceleration Act of 2013 . 2. Elimination of guarantee fees for loans with total loan amounts not more than $150,000 Section 7(a)(18)(A) of the Small Business Act is amended— (1) in subparagraph (A)— (A) by striking With respect and inserting Except as otherwise provided in this paragraph, with respect ; and (B) by striking clause (i); (2) by striking subparagraph (B); and (3) by adding at the end the following: (C) No guarantee fees for certain loans No guarantee fee shall be collected, payable, or charged under this paragraph if the total loan amount is not more than $150,000. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2462ih/xml/BILLS-113hr2462ih.xml

113-hr-2463

I 113th CONGRESS 1st Session H. R. 2463 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Hunter (for himself, Mr. Hanna , Mr. Walz , Mr. Young of Alaska , Mr. Thompson of Mississippi , Mr. Latta , Mr. Thompson of California , Mr. Gosar , Mr. McIntyre , Mr. Kinzinger of Illinois , Mr. LaMalfa , Mr. Broun of Georgia , Mr. Johnson of Ohio , Mr. Harris , Mr. Palazzo , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Pittman-Robertson Wildlife Restoration Act to facilitate the establishment of additional or expanded public target ranges in certain States. 1. Short title This Act may be cited as the Target Practice and Marksmanship Training Support Act . 2. Findings; purpose (a) Findings Congress finds that— (1) the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities; (2) in recent years preceding the date of enactment of this Act, portions of Federal land have been closed to target practice and marksmanship training for many reasons; (3) the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges; (4) providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help— (A) to promote enjoyment of shooting, recreational, and hunting activities; and (B) to ensure safe and convenient locations for those activities; (5) Federal law in effect on the date of enactment of this Act, including the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and (6) it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges. (b) Purpose The purpose of this Act is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management. 3. Definition of public target range In this Act, the term public target range means a specific location that— (1) is identified by a governmental agency for recreational shooting; (2) is open to the public; (3) may be supervised; and (4) may accommodate archery or rifle, pistol, or shotgun shooting. 4. Amendments to Pittman-Robertson Wildlife Restoration Act (a) Definitions Section 2 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669a ) is amended— (1) by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and (2) by inserting after paragraph (1) the following: (2) the term public target range means a specific location that— (A) is identified by a governmental agency for recreational shooting; (B) is open to the public; (C) may be supervised; and (D) may accommodate archery or rifle, pistol, or shotgun shooting; . (b) Expenditures for management of wildlife areas and resources Section 8(b) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669g(b) ) is amended— (1) by striking (b) Each State and inserting the following: (b) Expenditures for management of wildlife areas and resources (1) In general Except as provided in paragraph (2), each State ; (2) in paragraph (1) (as so designated), by striking construction, operation, and inserting operation ; (3) in the second sentence, by striking The non-Federal share and inserting the following: (3) Non-Federal share The non-Federal share ; (4) in the third sentence, by striking The Secretary and inserting the following: (4) Regulations The Secretary ; and (5) by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following: (2) Exception Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range. . (c) Firearm and bow hunter education and safety program grants Section 10 of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h–1 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Allocation of additional amounts Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range. ; (2) by striking subsection (b) and inserting the following: (b) Cost sharing (1) In general Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity. (2) Public target range construction or expansion The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity. ; and (3) in subsection (c)(1)— (A) by striking Amounts made and inserting the following: (A) In general Except as provided in subparagraph (B), amounts made ; and (B) by adding at the end the following: (B) Exception Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available. . 5. Limits on liability (a) Discretionary function For purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act ), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function. (b) Civil action or claims Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is— (1) funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669 et seq. ); or (2) located on Federal land. 6. Sense of Congress regarding cooperation It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.

https://www.govinfo.gov/content/pkg/BILLS-113hr2463ih/xml/BILLS-113hr2463ih.xml

113-hr-2464

I 113th CONGRESS 1st Session H. R. 2464 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Consumer Product Safety Act to remove the exclusion of pistols, revolvers, and other firearms from the definition of consumer product in order to permit the issuance of safety standards for such articles by the Consumer Product Safety Commission. 1. Removal of exclusion from the definition of consumer product Section 3(a)(5) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a)(5) ) is amended by striking subparagraph (E) and redesignating subparagraphs (F) through (I) as subparagraphs (E) through (H), respectively.

https://www.govinfo.gov/content/pkg/BILLS-113hr2464ih/xml/BILLS-113hr2464ih.xml

113-hr-2465

I 113th CONGRESS 1st Session H. R. 2465 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Kelly of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Surgeon General of the Public Health Service to submit to Congress an annual report on the effects of gun violence on public health. 1. Report on effects of gun violence on public health Not later than one year after the date of the enactment of this Act, and annually thereafter, the Surgeon General of the Public Health Service shall submit to Congress a report on the effects on public health of gun violence in the United States during the relevant period, and the status of actions taken to address such effects.

https://www.govinfo.gov/content/pkg/BILLS-113hr2465ih/xml/BILLS-113hr2465ih.xml

113-hr-2466

I 113th CONGRESS 1st Session H. R. 2466 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Lofgren 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 strengthened protections against theft of trade secrets, and for other purposes. 1. Short title This Act may be cited as the Private Right of Action Against Theft of Trade Secrets Act of 2013 . 2. Strengthening protooecootion against theft of trade secrets Section 1832 of title 18, United States Code, is amended by inserting after subsection (b) the following: (c) Any person who suffers injury by reason of a violation of this section may maintain a civil action against the violator to obtain appropriate compensatory damages and injunctive relief or other equitable relief. No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage. (d) For purposes of this section, the term without authorization shall not mean independent derivation or working backwards from a lawfully obtained known product or service to divine the process which aided its development or manufacture. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2466ih/xml/BILLS-113hr2466ih.xml

113-hr-2467

I 113th CONGRESS 1st Session H. R. 2467 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Markey (for himself, Mr. Holt , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide that production of all locatable minerals from mining claims located under the general mining laws, or mineral concentrates or products derived from locatable minerals from such mining claims, shall be subject to a royalty of 12.5 percent of the gross income from mining, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Abandoned Mine Lands Cleanup and Taxpayer Fairness Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Hardrock Mining Reform Sec. 101. Short title. Sec. 102. Definitions and references. Sec. 103. Application rules. Subtitle A—Mineral Exploration and Development Sec. 111. Royalty. Sec. 112. Hardrock mining claim maintenance fee. Sec. 113. Effect of payments for use and occupancy of claims. Sec. 114. Limitation on patents. Subtitle B—Protection of Special Places Sec. 121. Lands open to location. Sec. 122. Withdrawal petitions by States, political subdivisions, and Indian tribes. Subtitle C—Environmental Considerations of Mineral Exploration and Development Sec. 131. General standard for hardrock mining on Federal land. Sec. 132. Permits. Sec. 133. Exploration permit. Sec. 134. Operations permit. Sec. 135. Persons ineligible for permits. Sec. 136. Financial assurance. Sec. 137. Operation and reclamation. Sec. 138. State law and regulation. Sec. 139. Limitation on the issuance of permits. Subtitle D—Administrative and Miscellaneous Provisions Sec. 141. Policy functions. Sec. 142. User fees. Sec. 143. Inspection and monitoring. Sec. 144. Citizens suits. Sec. 145. Administrative and judicial review. Sec. 146. Enforcement. Sec. 147. Regulations. Sec. 148. Effective date. Sec. 149. Savings clause. Sec. 150. Availability of public records. Sec. 151. Miscellaneous powers. Sec. 152. Multiple mineral development and surface resources. Sec. 153. Mineral materials. Title II—Abandoned Mine Reclamation Sec. 201. Short title. Sec. 202. Definitions and references. Subtitle A—Hardrock Mining Reclamation Sec. 211. Displaced material reclamation fee. Sec. 212. Fees adjustments. Subtitle B—Abandoned Mine Cleanup Fund Sec. 221. Establishment of fund. Sec. 222. Use and objectives of the fund. Sec. 223. Eligible lands and waters. Subtitle C—Administrative Provisions Sec. 231. Effective date. Sec. 232. Fees adjustments. Sec. 233. Inspection and monitoring. Sec. 234. Regulations. Sec. 235. Availability of public records. I Hardrock Mining Reform 101. Short title This title may be cited as the Mining Reform and Deficit Reduction Act of 2013 . 102. Definitions and references (a) In general As used in this title: (1) The term affiliate means with respect to any person, any of the following: (A) Any person who controls, is controlled by, or is under common control with such person. (B) Any partner of such person. (C) Any person owning at least 10 percent of the voting shares of such person. (2) The term applicant means any person applying for a permit under this title or a modification to or a renewal of a permit under this title. (3) The term beneficiation means the crushing and grinding of locatable mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques. (4) The term casual use — (A) subject to subparagraphs (B) and (C), means mineral activities that do not ordinarily result in any disturbance of public lands and resources; (B) includes collection of geochemical, rock, soil, or mineral specimens using handtools, hand panning, or nonmotorized sluicing; and (C) does not include— (i) the use of mechanized earth-moving equipment, suction dredging, or explosives; (ii) the use of motor vehicles in areas closed to off-road vehicles; (iii) the construction of roads or drill pads; and (iv) the use of toxic or hazardous materials. (5) The term claim holder means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this title. Such term may include an agent of a claim holder. (6) The term control means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including without limitation, ownership interest, authority to commit the entity’s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement. (7) The term exploration — (A) subject to subparagraphs (B) and (C), means creating surface disturbance other than casual use, to evaluate the type, extent, quantity, or quality of minerals present; (B) includes mineral activities associated with sampling, drilling, and analyzing locatable mineral values; and (C) does not include extraction of mineral material for commercial use or sale. (8) The term Federal land means any land, and any interest in land, that is owned by the United States and open to location of mining claims under the general mining laws and subtitle B of this title. (9) The term Indian lands means lands held in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation. (10) The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (11) The term locatable mineral — (A) subject to subparagraph (B), means any mineral, the legal and beneficial title to which remains in the United States and that is not subject to disposition under any of— (i) the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ); (ii) the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ); (iii) the Act of July 31, 1947, commonly known as the Materials Act of 1947 ( 30 U.S.C. 601 et seq. ); or (iv) the Mineral Leasing for Acquired Lands Act ( 30 U.S.C. 351 et seq. ); and (B) does not include any mineral that is subject to a restriction against alienation imposed by the United States and is— (i) held in trust by the United States for any Indian or Indian tribe, as defined in section 2 of the Indian Mineral Development Act of 1982 ( 25 U.S.C. 2101 ); or (ii) owned by any Indian or Indian tribe, as defined in that section. (12) The term mineral activities means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any locatable mineral. (13) The term mining claim — (A) subject to subparagraph (B), means a claim located under the Mining Law of 1872 within the boundaries of which exist locatable minerals the claimant intends to extract; (B) does not include a claim located for the purpose of securing Federal lands for a waste rock dump, tailings pile, or other purposes incident to processing locatable minerals extracted elsewhere. (14) The term National Conservation System unit means any unit of the National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, or National Trails System, or a National Conservation Area, a National Recreation Area, a National Monument, or any unit of the National Wilderness Preservation System. (15) The term operator means any person proposing or authorized by a permit issued under this title to conduct mineral activities and any agent of such person. (16) The term person means an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government. (17) The term processing means processes downstream of beneficiation employed to prepare locatable mineral ore into the final marketable product, including smelting and electrolytic refining. (18) The term Secretary means the Secretary of the Interior, unless otherwise specified. (19) The term temporary cessation means a halt in mine-related production activities for a continuous period of no longer than 5 years. (20) The term undue degradation means, based on consideration of other resource values that may be affected, the operation or proposed operation fails to comply with the performance standards in this title or can reasonably be expected to cause significant environmental harm to wildlife; land, air, or water resources; or scientific or cultural resources. (21) The term valid existing rights means a mining claim or millsite claim located on lands described in section 121(b), that— (A) was properly located and maintained under the general mining laws prior to the date of enactment of this Act; (B) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws on the date of enactment of this Act, and, for millsite claims, does not involve more than one mill site for every mining claim located for that operation; and (C) continues to be valid under this title. (b) References to other laws (1) Any reference in this title to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code. (2) Any reference in this title to the Act of July 23, 1955, is a reference to the Act entitled An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes ( 30 U.S.C. 601 et seq. ). 103. Application rules (a) In general This title applies to any mining claim, millsite claim, or tunnel site claim located under the general mining laws, before, on, or after the date of enactment of this Act, except as provided in subsection (b). (b) Preexisting claims (1) Any unpatented mining claim or millsite claim located under the general mining laws before the date of enactment of this Act for which a plan of operation has not been approved or a notice filed prior to the date of enactment shall, upon the effective date of this title, be subject to the requirements of this title, except as provided in paragraphs (2) and (3). (2) (A) If a plan of operations is approved for mineral activities on any claim or site referred to in paragraph (1) prior to the date of enactment of this Act but such operations have not commenced prior to the date of enactment of this Act— (i) during the 5-year period beginning on the date of enactment of this Act, mineral activities at such claim or site shall be subject to such plan of operations; (ii) during such 5-year period, modifications of any such plan may be made in accordance with the provisions of law applicable prior to the enactment of this Act if such modifications are deemed minor by the Secretary concerned; and (iii) the operator shall bring such mineral activities into compliance with this title by the end of such 5-year period. (B) Where an application for modification of a plan of operations referred to in subparagraph (A)(ii) has been timely submitted and an approved plan expires prior to Secretarial action on the application, mineral activities and reclamation may continue in accordance with the terms of the expired plan until the Secretary makes an administrative decision on the application. (c) Federal lands subject to existing permit (1) Any Federal land shall be subject to the requirements of section 112(a)(2) if the land is— (A) subject to an operations permit; and (B) producing valuable locatable minerals in commercial quantities prior to the date of enactment of this Act. (2) Any Federal land added through a plan modification to an operations permit on Federal land that is submitted after the date of enactment of this Act shall be subject to the terms of section 112(a)(3). (d) Application of title to beneficiation and processing of non-Federal minerals on Federal lands The provisions of this title (including the environmental protection requirements of subtitle C) shall apply in the same manner and to the same extent to mining claims, millsite claims, and tunnel site claims used for beneficiation or processing activities or activities related to, or incidental to, such mineral activities for any mineral without regard to whether or not the legal and beneficial title to the mineral is held by the United States. This subsection applies only to minerals that are locatable minerals or minerals that would be locatable minerals if the legal and beneficial title to such minerals were held by the United States. A Mineral Exploration and Development 111. Royalty (a) Reservation of royalty (1) In general Subject to paragraph (2), production of all locatable minerals from any mining claim located under the general mining laws and maintained in compliance with this title, or mineral concentrates or products derived from locatable minerals from any such mining claim, as the case may be, shall be subject to a royalty of 12.5 percent of the gross income from mining. The claim holder or any operator to whom the claim holder has assigned the obligation to make royalty payments under the claim and any person who controls such claim holder or operator shall be liable for payment of such royalties. (2) Federal land added to existing operations permit Any Federal land added through a plan modification to an operations permit that is submitted after the date of enactment of this Act shall be subject to the royalty that applies to Federal land under paragraph (1). (3) Deposit Amounts received by the United States as royalties under this subsection shall be deposited into the Treasury. (b) Duties of claim holders, operators, and transporters (1) A person— (A) who is required to make any royalty payment under this section shall make such payments to the United States at such times and in such manner as the Secretary may by rule prescribe; and (B) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment that such person may have made of the obligation to make any royalty or other payment under a mining claim. (2) Any person paying royalties under this section shall file a written instrument, together with the first royalty payment, affirming that such person is responsible for making proper payments for all amounts due for all time periods for which such person has a payment responsibility. Such responsibility for the periods referred to in the preceding sentence shall include any and all additional amounts billed by the Secretary and determined to be due by final agency or judicial action. Any person liable for royalty payments under this section who assigns any payment obligation shall remain jointly and severally liable for all royalty payments due for the claim for the period. (3) A person conducting mineral activities shall— (A) develop and comply with the site security provisions in the operations permit designed to protect from theft the locatable minerals, concentrates or products derived therefrom which are produced or stored on a mining claim, and such provisions shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances on mining claims; and (B) not later than the 5th business day after production begins anywhere on a mining claim, or production resumes after more than 90 days after production was suspended, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed. (4) The Secretary may by rule require any person engaged in transporting a locatable mineral, concentrate, or product derived there from to carry on his or her person, in his or her vehicle, or in his or her immediate control, documentation showing, at a minimum, the amount, origin, and intended destination of the locatable mineral, concentrate, or product derived there from in such circumstances as the Secretary determines is appropriate. (c) Recordkeeping and reporting requirements (1) A claim holder, operator, or other person directly involved in developing, producing, processing, transporting, purchasing, or selling locatable minerals, concentrates, or products derived therefrom, subject to this title, through the point of royalty computation shall establish and maintain any records, make any reports, and provide any information that the Secretary may reasonably require for the purposes of implementing this section or determining compliance with rules or orders under this section. Such records shall include, but not be limited to, periodic reports, records, documents, and other data. Such reports may also include, but not be limited to, pertinent technical and financial data relating to the quantity, quality, composition volume, weight, and assay of all minerals extracted from the mining claim. Upon the request of any officer or employee duly designated by the Secretary conducting an audit or investigation pursuant to this section, the appropriate records, reports, or information that may be required by this section shall be made available for inspection and duplication by such officer or employee. Failure by a claim holder, operator, or other person referred to in the first sentence to cooperate with such an audit, provide data required by the Secretary, or grant access to information may, at the discretion of the Secretary, result in involuntary forfeiture of the claim. (2) Records required by the Secretary under this section shall be maintained for 7 years after release of financial assurance under section 136 unless the Secretary notifies the operator that the Secretary has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the operator of the obligation to maintain such records. (d) Audits The Secretary is authorized to conduct such audits of all claim holders, operators, transporters, purchasers, processors, or other persons directly or indirectly involved in the production or sales of minerals covered by this title, as the Secretary deems necessary for the purposes of ensuring compliance with the requirements of this section. For purposes of performing such audits, the Secretary shall, at reasonable times and upon request, have access to, and may copy, all books, papers and other documents that relate to compliance with any provision of this section by any person. (e) Cooperative agreements (1) The Secretary is authorized to enter into cooperative agreements with the Secretary of Agriculture to share information concerning the royalty management of locatable minerals, concentrates, or products derived therefrom, to carry out inspection, auditing, investigation, or enforcement (not including the collection of royalties, civil or criminal penalties, or other payments) activities under this section in cooperation with the Secretary, and to carry out any other activity described in this section. (2) Except as provided in paragraph (3)(A) of this subsection (relating to trade secrets), and pursuant to a cooperative agreement, the Secretary of Agriculture shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of locatable minerals, concentrates, or products derived therefrom from claims on lands open to location under this title. (3) Trade secrets, proprietary, and other confidential information protected from disclosure under section 552 of title 5, United States Code, popularly known as the Freedom of Information Act, shall be made available by the Secretary to other Federal agencies as necessary to assure compliance with this title and other Federal laws. The Secretary, the Secretary of Agriculture, the Administrator of the Environmental Protection Agency, and other Federal officials shall ensure that such information is provided protection in accordance with the requirements of that section. (f) Interest and substantial underreporting assessments (1) In the case of mining claims where royalty payments are not received by the Secretary on the date that such payments are due, the Secretary shall charge interest on such underpayments at the same interest rate as the rate applicable under section 6621(a)(2) of the Internal Revenue Code of 1986. In the case of an underpayment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount. (2) If there is any underreporting of royalty owed on production from a claim for any production month by any person liable for royalty payments under this section, the Secretary shall assess a penalty of not greater than 25 percent of the amount of that underreporting. (3) For the purposes of this subsection, the term underreporting means the difference between the royalty on the value of the production that should have been reported and the royalty on the value of the production which was reported, if the value that should have been reported is greater than the value that was reported. (4) The Secretary may waive or reduce the assessment provided in paragraph (2) of this subsection if the person liable for royalty payments under this section corrects the underreporting before the date such person receives notice from the Secretary that an underreporting may have occurred, or before 90 days after the date of the enactment of this section, whichever is later. (5) The Secretary shall waive any portion of an assessment under paragraph (2) of this subsection attributable to that portion of the underreporting for which the person responsible for paying the royalty demonstrates that— (A) such person had written authorization from the Secretary to report royalty on the value of the production on basis on which it was reported; (B) such person had substantial authority for reporting royalty on the value of the production on the basis on which it was reported; (C) such person previously had notified the Secretary, in such manner as the Secretary may by rule prescribe, of relevant reasons or facts affecting the royalty treatment of specific production which led to the underreporting; or (D) such person meets any other exception which the Secretary may, by rule, establish. (g) Expanded royalty obligations Each person liable for royalty payments under this section shall be jointly and severally liable for royalty on all locatable minerals, concentrates, or products derived therefrom lost or wasted from a mining claim located under the general mining laws and maintained in compliance with this title when such loss or waste is due to negligence on the part of any person or due to the failure to comply with any rule, regulation, or order issued under this section. (h) Gross income from mining defined For the purposes of this section, for any locatable mineral, the term gross income from mining has the same meaning as the term gross income in section 613(c) of the Internal Revenue Code of 1986. (i) Effective date The royalty under this section shall take effect with respect to the production of locatable minerals after the enactment of this Act, but any royalty payments attributable to production during the first 12 calendar months after the enactment of this Act shall be payable at the expiration of such 12-month period. (j) Failure To comply with royalty requirements Any person who fails to comply with the requirements of this section or any regulation or order issued to implement this section shall be liable for a civil penalty under section 109 of the Federal Oil and Gas Royalty Management Act ( 30 U.S.C. 1719 ) to the same extent as if the claim located under the general mining laws and maintained in compliance with this title were a lease under that Act. (k) Use of amounts for deficit reduction Notwithstanding any other provision of law, any amounts received by the United States as royalties under this section shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. 112. Hardrock mining claim maintenance fee (a) Fee (1) Except as provided in section 2511(e)(2) of the Energy Policy Act of 1992 (relating to oil shale claims), for each unpatented mining claim, mill or tunnel site on federally owned lands, whether located before, on, or after enactment of this Act, each claimant shall pay to the Secretary, on or before August 31 of each year, a claim maintenance fee of $200 per claim to hold such unpatented mining claim, mill or tunnel site for the assessment year beginning at noon on the next day, September 1. Such claim maintenance fee shall be in lieu of the assessment work requirement contained in the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) and the related filing requirements contained in section 314(a) and (c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(a) and (c)). (2) (A) The Secretary shall adjust the fees required by this section to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. The Secretary shall employ the Consumer Price Index for All-Urban Consumers published by the Department of Labor as the basis for adjustment, and rounding according to the adjustment process of conditions of the Federal Civil Penalties Inflation Adjustment Act of 1990 (104 Stat. 890). (B) The Secretary shall provide claimants notice of any adjustment made under this paragraph not later than July 1 of any year in which the adjustment is made. (C) A fee adjustment under this paragraph shall begin to apply the calendar year following the calendar year in which it is made. (b) Location Notwithstanding any provision of law, for every unpatented mining claim, mill or tunnel site located after the date of enactment of this Act the locator shall, at the time the location notice is recorded with the Bureau of Land Management, pay to the Secretary a location fee, in addition to the fee required by subsection (a) of $50 per claim. (c) Co-Ownership The co-ownership provisions of the Mining Law of 1872 ( 30 U.S.C. 28 et seq. ) will remain in effect except that the annual claim maintenance fee, where applicable, shall replace applicable assessment requirements and expenditures. (d) Failure To pay Failure to pay the claim maintenance fee as required by subsection (a) shall conclusively constitute a forfeiture of the unpatented mining claim, mill or tunnel site by the claimant and the claim shall be deemed null and void by operation of law. (e) Other requirements (1) Nothing in this section shall change or modify the requirements of section 314(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1744(b) ), or the requirements of section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) related to filings required by section 314(b), which remain in effect. (2) Section 2324 of the Revised Statutes of the United States ( 30 U.S.C. 28 ) is amended by inserting or section 103(a) of the Mining Reform and Deficit Reduction Act of 2013 after Act of 1993, . 113. Effect of payments for use and occupancy of claims Timely payment of the claim maintenance fee required by section 112 of this title or any related law relating to the use of Federal land, preserves the claimant’s ability to use and occupy the Federal land concerned for prospecting and exploration, consistent with and subject to the requirements of this title and other applicable law. 114. Limitation on patents (a) Mining claims (1) Determinations required After the date of enactment of this Act, no patent shall be issued by the United States for any mining claim located under the general mining laws unless the Secretary determines that, for the claim concerned— (A) a patent application was filed with the Secretary on or before September 30, 1994; and (B) all requirements established under sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims were fully complied with by that date. (2) Right to patent If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any mining claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. (b) Millsite claims (1) Determinations required After the date of enactment of this Act, no patent shall be issued by the United States for any millsite claim located under the general mining laws unless the Secretary determines that for the millsite concerned— (A) a patent application for such land was filed with the Secretary on or before September 30, 1994; and (B) all requirements applicable to such patent application were fully complied with by that date. (2) Right to patent If the Secretary makes the determinations referred to in subparagraphs (A) and (B) of paragraph (1) for any millsite claim, the holder of the claim shall be entitled to the issuance of a patent in the same manner and degree to which such claim holder would have been entitled to prior to the enactment of this Act, unless and until such determinations are withdrawn or invalidated by the Secretary or by a court of the United States. B Protection of Special Places 121. Lands open to location (a) Lands open to location Except as provided in subsection (b), mining claims may be located under the general mining laws only on such lands and interests as were open to the location of mining claims under the general mining laws immediately before the enactment of this Act. (b) Lands not open to location Notwithstanding any other provision of law and subject to valid existing rights, each of the following shall not be open to the location of mining claims under the general mining laws on or after the date of enactment of this Act: (1) Wilderness study areas. (2) Areas of critical environmental concern. (3) Areas designated for inclusion in the National Wild and Scenic Rivers System pursuant to the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq. ), areas designated for potential addition to such system pursuant to section 5(a) of that Act ( 16 U.S.C. 1276(a) ), and areas determined to be eligible for inclusion in such system pursuant to section 5(d) of such Act (16 U.S.C. 1276(d)). (4) Any area identified in the set of inventoried roadless areas maps contained in the Forest Service Roadless Area Conservation Final Environmental Impact Statement, Volume 2, dated November 2000. (c) Existing authority not affected Nothing in this title limits the authority granted the Secretary in section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to withdraw public lands. 122. Withdrawal petitions by States, political subdivisions, and Indian tribes (a) In general Subject to valid existing rights, any State or political subdivision of a State or an Indian tribe may submit a petition to the Secretary for the withdrawal of a specific tract of Federal land from the operation of the general mining laws, in order to protect specific values identified in the petition that are important to the State or political subdivision or Indian tribe. Such values may include the value of a watershed to supply drinking water, wildlife habitat value, cultural or historic resources, or value for scenic vistas important to the local economy, and other similar values. In the case of an Indian tribe, the petition may also identify religious or cultural values that are important to the Indian tribe. The petition shall contain the information required by section 204 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1714 ). (b) Consideration of petition The Secretary— (1) shall solicit public comment on the petition; (2) shall make a final decision on the petition within 180 days after receiving it; and (3) shall grant the petition subject to valid existing rights, unless the Secretary makes and publishes in the Federal Register specific findings why a decision to grant the petition would be against the national interest. C Environmental Considerations of Mineral Exploration and Development 131. General standard for hardrock mining on Federal land Notwithstanding section 302(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1732(b) ), the first section of the Act of June 4, 1897 (chapter 2; 30 Stat. 36 16 U.S.C. 478), and the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), and in accordance with this subtitle and applicable law, unless expressly stated otherwise in this title, the Secretary— (1) shall ensure that mineral activities on any Federal land that is subject to a mining claim, millsite claim, or tunnel site claim is carefully controlled to prevent undue degradation of public lands and resources; and (2) shall not grant permission to engage in mineral activities if the Secretary, after considering the evidence, determines that undue degradation would result from such activities. 132. Permits (a) Permits required No person may engage in mineral activities on Federal land that may cause a disturbance of surface resources, including land, air, ground water and surface water, and fish and wildlife, unless— (1) the claim was properly located under the general mining laws and maintained in compliance with such laws and this title; and (2) a permit was issued to such person under this subtitle authorizing such activities. (b) Negligible disturbance Notwithstanding subsection (a)(2), a permit under this subtitle shall not be required for mineral activities that are a casual use of the Federal land. (c) Coordination with NEPA process The Secretary and the Secretary of Agriculture shall conduct the permit processes under this title in coordination with the timing and other requirements under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). 133. Exploration permit (a) Authorized exploration activity Any claim holder may apply for an exploration permit for any mining claim authorizing the claim holder to remove a reasonable amount of the locatable minerals from the claim for analysis, study and testing. Such permit shall not authorize the claim holder to remove any mineral for sale nor to conduct any activities other than those required for exploration for locatable minerals and reclamation. (b) Permit Application requirements An application for an exploration permit under this section shall be submitted in a manner satisfactory to the Secretary or, for National Forest System lands, the Secretary of Agriculture, and shall contain an exploration plan, a reclamation plan for the proposed exploration, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. (c) Reclamation plan requirements The reclamation plan required to be included in a permit application under subsection (b) shall include such provisions as may be jointly prescribed by the Secretary and the Secretary of Agriculture. (d) Permit issuance or denial The Secretary, or for National Forest System lands, the Secretary of Agriculture, shall issue an exploration permit pursuant to an application under this section unless such Secretary makes any of the following determinations: (1) The permit application, the exploration plan and reclamation plan are not complete and accurate. (2) The applicant has not demonstrated that proposed reclamation can be accomplished. (3) The proposed exploration activities and condition of the land after the completion of exploration activities and final reclamation would not conform with the land use plan applicable to the area subject to mineral activities. (4) The area subject to the proposed permit is included within an area not open to location under section 121. (5) The applicant has not demonstrated that the exploration plan and reclamation plan will be in compliance with the requirements of this title and all other applicable Federal requirements, and any State requirements agreed to by the Secretary of the Interior (or Secretary of Agriculture, as appropriate). (6) The applicant has not demonstrated that the requirements of section 136 (relating to financial assurance) will be met. (7) The applicant is ineligible to receive a permit as determined under section 135. (e) Term of permit An exploration permit shall be for a stated term. The term shall be no greater than that necessary to accomplish the proposed exploration, and in no case for more than 10 years. (f) Permit modification During the term of an exploration permit, the permit holder may submit an application to modify the permit. To approve a proposed modification to the permit, the Secretary concerned shall make the same determinations as are required in the case of an original permit, except that the Secretary and the Secretary of Agriculture may specify by joint rule the extent to which requirements for initial exploration permits under this section shall apply to applications to modify an exploration permit based on whether such modifications are deemed significant or minor. (g) Transfer, assignment, or sale of rights (1) No transfer, assignment, or sale of rights granted by a permit issued under this section shall be made without the prior written approval of the Secretary or for National Forest System lands, the Secretary of Agriculture. (2) Such Secretary shall allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if the Secretary finds, in writing, that the successor— (A) is eligible to receive a permit in accordance with section 134(d); (B) has submitted evidence of financial assurance satisfactory under section 136; and (C) meets any other requirements specified by the Secretary. (3) The successor in interest shall assume the liability and reclamation responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this title, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale. (4) Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior in such amount as may be established by such Secretary. Such amount shall be equal to the actual or anticipated cost to the Secretary or the Secretary of Agriculture, as appropriate, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by the Secretary of the Interior. 134. Operations permit (a) Operations permit (1) Any claim holder that is in compliance with the general mining laws and section 113 of this title may apply to the Secretary, or for National Forest System lands, the Secretary of Agriculture, for an operations permit authorizing the claim holder to carry out mineral activities, other than casual use, on— (A) any valid mining claim, valid millsite claim, or valid tunnel site claim; and (B) such additional Federal land as the Secretary may determine is necessary to conduct the proposed mineral activities, if the operator obtains a right-of-way permit for use of such additional lands under title V of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1761 et seq. ) and agrees to pay all fees required under that title for the permit under that title. (2) If the Secretary decides to issue such permit, the permit shall include such terms and conditions as prescribed by such Secretary to carry out this subtitle. (b) Permit Application requirements An application for an operations permit under this section shall be submitted in a manner satisfactory to the Secretary concerned and shall contain site characterization data, an operations plan, a reclamation plan, monitoring plans, long-term maintenance plans, to the extent necessary, and such documentation as necessary to ensure compliance with applicable Federal and State environmental laws and regulations. If the proposed mineral activities will be carried out in conjunction with mineral activities on adjacent non-Federal lands, information on the location and nature of such operations may be required by the Secretary. (c) Permit issuance or denial (1) After providing for public participation pursuant to subsection (i), the Secretary, or for National Forest System lands the Secretary of Agriculture, shall issue an operations permit if such Secretary makes each of the following determinations in writing, and shall deny a permit if such Secretary finds that the application and applicant do not fully meet the following requirements: (A) The permit application, including the site characterization data, operations plan, and reclamation plan, are complete and accurate and sufficient for developing a good understanding of the anticipated impacts of the mineral activities and the effectiveness of proposed mitigation and control. (B) The applicant has demonstrated that the proposed reclamation in the operation and reclamation plan can be and is likely to be accomplished by the applicant and will not cause undue degradation. (C) The condition of the land, including the fish and wildlife resources and habitat contained thereon, after the completion of mineral activities and final reclamation, will conform to the land use plan applicable to the area subject to mineral activities and are returned to a productive use. (D) The area subject to the proposed plan is open to location for the types of mineral activities proposed. (E) The proposed operation has been designed to prevent material damage to the hydrologic balance. (F) The applicant will fully comply with the requirements of section 136 (relating to financial assurance) prior to the initiation of operations. (G) Neither the applicant nor operator, nor any subsidiary, affiliate, or person controlled by or under common control with the applicant or operator, is ineligible to receive a permit under section 135. (H) The reclamation plan demonstrates that 10 years following mine closure, no treatment of surface or ground water will be required to meet water quality standards at the point of discharge. (2) With respect to any activities specified in the reclamation plan referred to in subsection (b) that constitutes a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Secretary shall consult with the Administrator of the Environmental Protection Agency prior to the issuance of an operations permit. The Administrator shall ensure that the reclamation plan does not require activities that would increase the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or corrective actions under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). (d) Term of permit; renewal (1) An operations permit— (A) shall be for a term that is no longer than the shorter of— (i) the period necessary to accomplish the proposed mineral activities subject to the permit; and (ii) 20 years; and (B) shall be renewed for an additional 20-year period if the operation is in compliance with the requirements of this title and other applicable law. (2) Failure by the operator to commence mineral activities within 2 years of the date scheduled in an operations permit shall require a modification of the permit if the Secretary concerned determines that modifications are necessary to comply with section 121. (e) Permit modification (1) During the term of an operations permit the operator may submit an application to modify the permit (including the operations plan or reclamation plan, or both). (2) The Secretary, or for National Forest System lands the Secretary of Agriculture, may, at any time, require reasonable modification to any operations plan or reclamation plan upon a determination that the requirements of this title cannot be met if the plan is followed as approved. Such determination shall be based on a written finding and subject to public notice and hearing requirements established by the Secretary concerned. (3) A permit modification is required before changes are made to the approved plan of operations, or if unanticipated events or conditions exist on the mine site, including in the case of— (A) development of acid or toxic drainage; (B) loss of springs or water supplies; (C) water quantity, water quality, or other resulting water impacts that are significantly different than those predicted in the application; (D) the need for long-term water treatment; (E) significant reclamation difficulties or reclamation failure; (F) the discovery of significant scientific, cultural, or biological resources that were not addressed in the original plan; or (G) the discovery of hazards to public safety. (f) Temporary cessation of operations (1) An operator conducting mineral activities under an operations permit in effect under this subtitle may not temporarily cease mineral activities for a period greater than 180 days unless the Secretary concerned has approved such temporary cessation or unless the temporary cessation is permitted under the original permit. Any operator temporarily ceasing mineral activities for a period greater than 90 days under an operations permit issued before the date of the enactment of this Act shall submit, before the expiration of such 90-day period, a complete application for temporary cessation of operations to the Secretary concerned for approval unless the temporary cessation is permitted under the original permit. (2) An application for approval of temporary cessation of operations shall include such information required under subsection (b) and any other provisions prescribed by the Secretary concerned to minimize impacts on the environment. After receipt of a complete application for temporary cessation of operations such Secretary shall conduct an inspection of the area for which temporary cessation of operations has been requested. (3) To approve an application for temporary cessation of operations, the Secretary concerned shall make each of the following determinations: (A) A determination that the methods for securing surface facilities and restricting access to the permit area, or relevant portions thereof, will effectively ensure against hazards to the health and safety of the public and fish and wildlife. (B) A determination that reclamation is in compliance with the approved reclamation plan, except in those areas specifically designated in the application for temporary cessation of operations for which a delay in meeting such standards is necessary to facilitate the resumption of operations. (C) A determination that the amount of financial assurance filed with the permit application is sufficient to assure completion of the reclamation activities identified in the approved reclamation plan in the event of forfeiture. (D) A determination that any outstanding notices of violation and cessation orders incurred in connection with the plan for which temporary cessation is being requested are either stayed pursuant to an administrative or judicial appeal proceeding or are in the process of being abated to the satisfaction of the Secretary concerned. (g) Permit reviews The Secretary, or for National Forest System lands the Secretary of Agriculture, shall review each permit issued under this section every 10 years during the term of such permit, shall provide public notice of the permit review, and, based upon a written finding, such Secretary shall require the operator to take such actions as the Secretary deems necessary to assure that mineral activities conform to the permit, including adjustment of financial assurance requirements. (h) Transfer, assignment, or sale of rights (1) No transfer, assignment, or sale of rights granted by a permit under this section shall be made without the prior written approval of the Secretary, or for National Forest System lands the Secretary of Agriculture. (2) The Secretary, or for National Forest System lands, the Secretary of Agriculture, may allow a person holding a permit to transfer, assign, or sell rights under the permit to a successor, if such Secretary finds, in writing, that the successor— (A) has submitted information required and is eligible to receive a permit in accordance with section 135; (B) has submitted evidence of financial assurance satisfactory under section 136; and (C) meets any other requirements specified by such Secretary. (3) The successor in interest shall assume reclamation and other responsibilities established by the existing permit and shall conduct the mineral activities in full compliance with this title, and the terms and conditions of the permit as in effect at the time of transfer, assignment, or sale. (4) Each application for approval of a permit transfer, assignment, or sale pursuant to this subsection shall be accompanied by a fee payable to the Secretary of the Interior, or for National Forest System lands, the Secretary of Agriculture, in such amount as may be established by such Secretary, or for National Forest System lands, by the Secretary of Agriculture. Such amount shall be equal to the actual or anticipated cost to the Secretary or, for National Forest System lands, to the Secretary of Agriculture, of reviewing and approving or disapproving such transfer, assignment, or sale, as determined by such Secretary. (i) Public participation The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations to ensure transparency and public participation in permit decisions required under this title, consistent with any requirements that apply to such decisions under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ). 135. Persons ineligible for permits (a) Current violations Unless corrective action has been taken in accordance with subsection (c), no permit under this subtitle shall be issued or transferred to an applicant if the applicant or any agent of the applicant, the operator (if different than the applicant) of the claim concerned, any claim holder (if different than the applicant) of the claim concerned, or any affiliate or officer or director of the applicant is currently in violation of any of the following: (1) A provision of this title or any regulation under this title. (2) An applicable State or Federal toxic substance, solid waste, air, water quality, or fish and wildlife conservation law or regulation at any site where mining, beneficiation, or processing activities are occurring or have occurred. (3) The Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ) or any regulation implementing that Act at any site where surface coal mining operations have occurred or are occurring. (b) Suspension The Secretary, or for National Forest System lands the Secretary of Agriculture, shall suspend an operations permit, in whole or in part, if such Secretary determines that any of the entities described in subsection (a) were in violation of any requirement listed in subsection (a) at the time the permit was issued. (c) Correction (1) The Secretary, or for National Forest System lands the Secretary of Agriculture, may issue or reinstate a permit under this subtitle if the applicant submits proof that the violation referred to in subsection (a) or (b) has been corrected or is in the process of being corrected to the satisfaction of such Secretary and the regulatory authority involved or if the applicant submits proof that the violator has filed and is presently pursuing, a direct administrative or judicial appeal to contest the existence of the violation. For purposes of this section, an appeal of any applicant’s relationship to an affiliate shall not constitute a direct administrative or judicial appeal to contest the existence of the violation. (2) Any permit which is issued or reinstated based upon proof submitted under this subsection shall be conditionally approved or conditionally reinstated, as the case may be. If the violation is not successfully abated or the violation is upheld on appeal, the permit shall be suspended or revoked. (d) Pattern of willful violations No permit under this title may be issued to any applicant if there is a demonstrated pattern of willful violations of the environmental protection requirements of this title by the applicant, any affiliate of the applicant, or the operator or claim holder if different than the applicant. 136. Financial assurance (a) Financial assurance required (1) Subject to public notice and comment, and after a permit is issued under this subtitle and before any exploration or operations begin under the permit, the operator shall file with the Secretary, or for National Forest System lands the Secretary of Agriculture, evidence of financial assurance payable to the United States. The financial assurance shall be provided in the form of a surety bond, a trust fund, letters of credits, government securities, certificates of deposit, cash, or an equivalent form approved by such Secretary. (2) The financial assurance shall cover all lands within the initial permit area and all affected waters that may require restoration, treatment, or other management as a result of mineral activities, and shall be extended to cover all lands and waters added pursuant to any permit modification made under section 133(f) (relating to exploration permits) or section 134(e) (relating to operations permits), or affected by mineral activities. (b) Amount The amount of the financial assurance required under this section shall be sufficient to assure the completion of reclamation and restoration satisfying the requirements of this title if the work were to be performed by the Secretary concerned in the event of forfeiture, including the construction and maintenance costs for any treatment facilities necessary to meet Federal and State environmental requirements. The calculation of such amount shall take into account the maximum level of financial exposure which shall arise during the mineral activity and administrative costs associated with a government agency reclaiming the site. (c) Duration The financial assurance required under this section shall be held for the duration of the mineral activities and for an additional period to cover the operator’s responsibility for reclamation, restoration, and long-term maintenance, and effluent treatment as specified in subsection (g). (d) Adjustments The amount of the financial assurance and the terms of the acceptance of the assurance may be adjusted by the Secretary concerned from time to time as the area requiring coverage is increased or decreased, or where the costs of reclamation or treatment change, or pursuant to section 134(f) (relating to temporary cessation of operations), but the financial assurance shall otherwise be in compliance with this section. The Secretary concerned shall review the financial guarantee every 3 years and as part of the permit application review under section 134(c). (e) Release Upon request, and after notice and opportunity for public comment, and after inspection by the Secretary, or for National Forest System lands, the Secretary of Agriculture, such Secretary may, after consultation with the Administrator of the Environmental Protection Agency, release in whole or in part the financial assurance required under this section if the Secretary makes both of the following determinations: (1) A determination that reclamation or restoration covered by the financial assurance has been accomplished as required by this title. (2) A determination that the terms and conditions of any other applicable Federal requirements, and State requirements applicable pursuant to cooperative agreements under section 138, have been fulfilled. (f) Release schedule The release referred to in subsection (e) shall be according to the following schedule: (1) After the operator has completed any required backfilling, regrading, and drainage control of an area subject to mineral activities and covered by the financial assurance, and has commenced revegetation on the regraded areas subject to mineral activities in accordance with the approved plan, that portion of the total financial assurance secured for the area subject to mineral activities attributable to the completed activities may be released except that sufficient assurance must be retained to address other required reclamation and restoration needs and to assure the long-term success of the revegetation. (2) After the operator has completed successfully all remaining mineral activities and reclamation activities and all requirements of the operations plan and the reclamation plan, and all other requirements of this title have been fully met, including the requirements of subsection (g) of this section, the remaining portion of the financial assurance may be released. During the period following release of the financial assurance as specified in paragraph (1), until the remaining portion of the financial assurance is released as provided in paragraph (2), the operator shall be required to comply with the permit issued under this subtitle. (g) Effluent Notwithstanding section 137(b)(4), where any discharge or other water-related condition resulting from the mineral activities requires treatment in order to meet the applicable effluent limitations and water quality standards, the financial assurance shall include the estimated cost of maintaining such treatment for the projected period that will be needed after the cessation of mineral activities. The portion of the financial assurance attributable to such estimated cost of treatment shall not be released until the discharge has ceased for a period of 5 years, as determined by ongoing monitoring and testing, or, if the discharge continues, until the operator has met all applicable effluent limitations and water quality standards for 5 full years without treatment. (h) Environmental hazards If the Secretary, or for National Forest System lands, the Secretary of Agriculture, determines, after final release of financial assurance, that an environmental hazard resulting from the mineral activities exists, or the terms and conditions of the explorations or operations permit of this title were not fulfilled in fact at the time of release, such Secretary shall issue an order under section 146 requiring the claim holder or operator (or any person who controls the claim holder or operator) to correct the condition such that applicable laws and regulations and any conditions from the plan of operations are met. 137. Operation and reclamation (a) General rule (1) The operator shall restore lands subject to mineral activities carried out under a permit issued under this subtitle to a condition capable of supporting— (A) the uses which such lands were capable of supporting prior to surface disturbance by the operator, or (B) other beneficial uses which conform to applicable land use plans as determined by the Secretary, or for National Forest System lands, the Secretary of Agriculture. (2) Reclamation shall proceed as contemporaneously as practicable with the conduct of mineral activities. In the case of a cessation of mineral activities beyond that provided for as a temporary cessation under this title, reclamation activities shall begin immediately. (b) Operation and reclamation standards The Secretary of the Interior and the Secretary of Agriculture shall jointly promulgate regulations that establish operation and reclamation standards for mineral activities permitted under this title. The Secretaries may determine whether outcome-based performance standards or technology-based design standards are most appropriate. The regulations shall address the following: (1) Segregation, protection, and replacement of topsoil or other suitable growth medium, and the prevention, where possible, of soil contamination. (2) Maintenance of the stability of all surface areas. (3) Control of sediments to prevent erosion and manage drainage. (4) Minimization of the formation and migration of acidic, alkaline, metal-bearing, or other deleterious leachate. (5) Reduction of the visual impact of mineral activities to the surrounding topography, including as necessary pit backfill. (6) Establishment of a diverse, effective, and permanent vegetative cover of the same seasonal variety native to the area affected by mineral activities, and equal in extent of cover to the natural vegetation of the area. (7) Design and maintenance of leach operations, impoundments, and excess waste according to standard engineering standards to achieve and maintain stability and reclamation of the site. (8) Removal of structures and roads and sealing of drill holes. (9) Restoration of, or mitigation for, fish and wildlife habitat disturbed by mineral activities. (10) Preservation of cultural, paleontological, and cave resources. (11) Prevention and suppression of fire in the area of mineral activities. (c) Surface or groundwater withdrawals The Secretary shall work with State and local governments with authority over the allocation and use of surface and groundwater in the area around the mine site as necessary to ensure that any surface or groundwater withdrawals made as a result of mining activities approved under this section do not cause undue degradation or results in material alteration of the hydrologic balance. (d) Special rule Reclamation activities for a mining claim that has been forfeited, relinquished, or lapsed, or a plan that has expired or been revoked or suspended, shall continue subject to review and approval by the Secretary, or for National Forest System lands the Secretary of Agriculture. 138. State law and regulation (a) State law (1) Any reclamation, land use, environmental, or public health protection standard or requirement in State, county, local, or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with any such standard. (2) Any bonding standard or requirement in State, county, local, or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with such requirements. (3) Any inspection standard or requirement in State, county, local, or tribal law or regulation that meets or exceeds the requirements of this title shall not be construed to be inconsistent with such requirements. (b) Applicability of other State requirements (1) Nothing in this title shall be construed as affecting any toxic substance, solid waste, or air or water quality, standard or requirement of any State, county, local, or tribal law or regulation, which may be applicable to mineral activities on lands subject to this title. (2) Nothing in this title shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, such person’s interest in water resources affected by mineral activities on lands subject to this title. (c) Cooperative agreements (1) Any State may enter into a cooperative agreement with the Secretary, or for National Forest System lands the Secretary of Agriculture, for the purposes of such Secretary applying such standards and requirements referred to in subsection (a) and subsection (b) to mineral activities or reclamation on lands subject to this title. (2) In such instances where the proposed mineral activities would affect lands not subject to this title in addition to lands subject to this title, in order to approve a plan of operations the Secretary concerned shall enter into a cooperative agreement with the State that sets forth a common regulatory framework consistent with the requirements of this title for the purposes of such plan of operations. Any such common regulatory framework shall not negate the authority of the Federal Government to independently inspect mines and operations and bring enforcement actions for violations. (3) The Secretary concerned shall not enter into a cooperative agreement with any State under this section until after notice in the Federal Register and opportunity for public comment and hearing. (d) Prior agreements Any cooperative agreement or such other understanding between the Secretary concerned and any State, or political subdivision thereof, relating to the management of mineral activities on lands subject to this title that was in existence on the date of enactment of this Act may only continue in force until 1 year after the date of enactment of this Act. During such 1-year period, the State and the Secretary shall review the terms of the agreement and make changes that are necessary to be consistent with this title. 139. Limitation on the issuance of permits No permit shall be issued under this subtitle that authorizes mineral activities that would impair the land or resources of a National Park or a National Monument. For purposes of this section, the term impair shall include any diminution of the affected land including wildlife, scenic assets, water resources, air quality, and acoustic qualities, or other changes that would impair a citizen’s experience at the National Park or National Monument. D Administrative and Miscellaneous Provisions 141. Policy functions (a) Minerals policy Section 101 of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) is amended— (1) in the first sentence by inserting before the period at the end the following: and to ensure that mineral extraction and processing not cause undue degradation of the natural and cultural resources of the public lands ; and (2) by adding at the end thereof the following: It shall also be the responsibility of the Secretary of Agriculture to carry out the policy provisions of paragraphs (1) and (2) of this section. . (b) Mineral data Section 5(e)(3) of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604(e)(3) ) is amended by inserting before the period the following: , except that for National Forest System lands the Secretary of Agriculture shall promptly initiate actions to improve the availability and analysis of mineral data in public land use decisionmaking . 142. User fees (a) In general The Secretary and the Secretary of Agriculture may each establish and collect from persons subject to the requirements of this title such user fees as may be necessary to reimburse the United States for expenses incurred in administering such requirements. Fees may be assessed and collected under this section only in such manner as may reasonably be expected to result in an aggregate amount of the fees collected during any fiscal year which does not exceed the aggregate amount of administrative expenses referred to in this section. (b) Adjustment (1) The Secretary shall adjust the fees required by this section to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (2) The Secretary shall provide claimants notice of any adjustment made under this subsection not later than July 1 of any year in which the adjustment is made. (3) A fee adjustment under this subsection shall begin to apply the calendar year following the calendar year in which it is made. 143. Inspection and monitoring (a) Inspections (1) The Secretary, or for National Forest System lands the Secretary of Agriculture, shall make inspections of mineral activities so as to ensure compliance with the requirements of this title. (2) The Secretary concerned shall establish a frequency of inspections for mineral activities conducted under a permit issued under subtitle C, but in no event shall such inspection frequency be less than one complete inspection per calendar quarter or, two per calendar quarter in the case of a permit for which the Secretary concerned approves an application under section 134(f) (relating to temporary cessation of operations). After revegetation has been established in accordance with a reclamation plan, such Secretary shall conduct annually two complete inspections. Such Secretary shall have the discretion to modify the inspection frequency for mineral activities that are conducted on a seasonal basis. Inspections shall continue under this subsection until final release of financial assurance. (3) (A) Any person who has reason to believe he or she is or may be adversely affected by mineral activities due to any violation of the requirements of a permit approved under this title may request an inspection. The Secretary, or for National Forest System lands the Secretary of Agriculture, shall determine within 10 working days of receipt of the request whether the request states a reason to believe that a violation exists. If the person alleges and provides reason to believe that an imminent threat to the environment or danger to the health or safety of the public exists, the 10-day period shall be waived and the inspection shall be conducted immediately. The identity of the person supplying information to the Secretary relating to a possible violation or imminent danger or harm shall remain confidential with the Secretary if so requested by that person. (B) The Secretaries shall, by joint rule, establish procedures for the review of (i) any decision by an authorized representative not to inspect; or (ii) any refusal by such representative to ensure that remedial actions are taken with respect to any alleged violation. The Secretary concerned shall furnish such persons requesting the review a written statement of the reasons for the Secretary’s final disposition of the case. (b) Monitoring (1) The Secretary, or for National Forest System lands the Secretary of Agriculture, shall require all operators to develop and maintain a monitoring and evaluation system that shall identify compliance with all requirements of a permit approved under this title. The Secretary concerned may require additional monitoring to be conducted as necessary to assure compliance with the reclamation and other environmental standards of this title. Such plan must be reviewed and approved by the Secretary and shall become a part of the explorations or operations permit. (2) The operator shall file reports with the Secretary, or for National Forest System lands the Secretary of Agriculture, on a frequency determined by the Secretary concerned, on the results of the monitoring and evaluation process, except that if the monitoring and evaluation show a violation of the requirements of a permit approved under this title, it shall be reported immediately to the Secretary concerned. The Secretary shall evaluate the reports submitted pursuant to this paragraph, and based on those reports and any necessary inspection shall take enforcement action pursuant to this section. Such reports shall be maintained by the operator and by the Secretary and shall be made available to the public. (3) The Secretary, or for National Forest System lands the Secretary of Agriculture, shall determine what information shall be reported by the operator pursuant to paragraph (2). A failure to report as required by the Secretary concerned shall constitute a violation of this title and subject the operator to enforcement action pursuant to section 146. 144. Citizens suits (a) In general Except as provided in subsection (b), any person may commence a civil action on his or her own behalf to compel compliance— (1) against any person (including the Secretary or the Secretary of Agriculture) who is alleged to be in violation of any of the provisions of this title or any regulation promulgated pursuant to subtitle C of this title or any term or condition of any permit issued under subtitle C of this title; or (2) against the Secretary or the Secretary of Agriculture where there is alleged a failure of such Secretary to perform any act or duty under this title, or to promulgate any regulation under this title, which is not within the discretion of the Secretary concerned. The United States district courts shall have jurisdiction over actions brought under this section, without regard to the amount in controversy or the citizenship of the parties, including actions brought to apply any civil penalty under this title. The district courts of the United States shall have jurisdiction to compel agency action unreasonably delayed. (b) Exceptions (1) No action may be commenced under subsection (a) before the end of the 60-day period beginning on the date the plaintiff has given notice in writing of such alleged violation to the alleged violator and the Secretary, or for National Forest System lands the Secretary of Agriculture, except that any such action may be brought immediately after such notification if the violation complained of constitutes an imminent threat to the environment or to the health or safety of the public. (2) No action may be brought against any person other than the Secretary or the Secretary of Agriculture under subsection (a)(1) if such Secretary has commenced and is diligently prosecuting a civil or criminal action in a court of the United States to require compliance. (3) No action may be commenced under paragraph (2) of subsection (a) against either Secretary to review any rule promulgated by, or to any permit issued or denied by such Secretary if such rule or permit issuance or denial is judicially reviewable under any provision of law at any time after such promulgation, issuance, or denial is final. (c) Venue Venue of all actions brought under this section shall be determined in accordance with section 1391 of title 28, United States Code. (d) Costs The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation (including attorney and expert witness fees) to any prevailing or substantially prevailing party whenever the court determines such award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with the Federal Rules of Civil Procedure. (e) Savings clause Nothing in this section shall restrict any right which any person (or class of persons) may have under chapter 7 of title 5, United States Code, under this section, or under any other statute or common law to bring an action to seek any relief against the Secretary or the Secretary of Agriculture or against any other person, including any action for any violation of this title or of any regulation or permit issued under this title or for any failure to act as required by law. Nothing in this section shall affect the jurisdiction of any court under any provision of title 28, United States Code, including any action for any violation of this title or of any regulation or permit issued under this title or for any failure to act as required by law. 145. Administrative and judicial review (a) Review by secretary (1) (A) Any person issued a notice of violation or cessation order under section 146, or any person having an interest which is or may be adversely affected by such notice or order, may apply to the Secretary, or for National Forest System lands the Secretary of Agriculture, for review of the notice or order. (B) Any person who is subject to a penalty assessed under section 146 may apply to the Secretary concerned for review of the assessment. (C) Any person may apply to such Secretary for review of the decision. (D) Pending a review by the Secretary or resolution of an administrative appeal, final decisions (except enforcement actions under section 146) shall be stayed. (2) The Secretary concerned shall provide an opportunity for a public hearing at the request of any party to the proceeding as specified in paragraph (1). The filing of an application for review under this subsection shall not operate as a stay of any order or notice issued under section 146. (3) For any review proceeding under this subsection, the Secretary concerned shall make findings of fact and shall issue a written decision incorporating therein an order vacating, affirming, modifying, or terminating the notice, order, or decision, or with respect to an assessment, the amount of penalty that is warranted. (4) Pending completion of any review proceedings under this subsection, the applicant may file with the Secretary, or for National Forest System lands the Secretary of Agriculture, a written request that the Secretary grant temporary relief from any order issued under section 146 together with a detailed statement giving reasons for such relief. The Secretary concerned shall expeditiously issue an order or decision granting or denying such relief. The Secretary concerned may grant such relief under such conditions as he or she may prescribe only if such relief shall not adversely affect the health or safety of the public or cause imminent environmental harm to land, air, or water resources. (5) The availability of review under this subsection shall not be construed to limit the operation of rights under section 144 (relating to citizen suits). (b) Costs Whenever a proceeding occurs under subsection (a), at the request of any person, a sum equal to the aggregate amount of all costs and expenses (including attorney fees) as determined by the Secretary or Secretaries concerned or the court to have been reasonably incurred by such person for or in connection with participation in such proceedings, including any judicial review of the proceeding, may be assessed against either party as the court, in the case of judicial review, or the Secretary or Secretaries concerned in the case of administrative proceedings, deems proper if it is determined that such party prevailed in whole or in part, achieving some success on the merits, and that such party made a substantial contribution to a full and fair determination of the issues. 146. Enforcement (a) Orders (1) If the Secretary, or for National Forest System lands the Secretary of Agriculture, or an authorized representative of such Secretary, determines that any person is in violation of any environmental protection requirement under subtitle C or any regulation issued by the Secretaries to implement this title, such Secretary or authorized representative shall issue to such person a notice of violation describing the violation and the corrective measures to be taken. The Secretary concerned, or the authorized representative of such Secretary, shall provide such person with a period of time not to exceed 30 days to abate the violation. Such period of time may be extended by the Secretary concerned upon a showing of good cause by such person. If, upon the expiration of time provided for such abatement, the Secretary concerned, or the authorized representative of such Secretary, finds that the violation has not been abated he or she shall immediately order a cessation of all mineral activities or the portion thereof relevant to the violation. (2) If the Secretary concerned, or the authorized representative of the Secretary concerned, determines that any condition or practice exists, or that any person is in violation of any requirement under a permit approved under this title, and such condition, practice or violation is causing, or can reasonably be expected to cause— (A) an imminent danger to the health or safety of the public; or (B) significant, imminent environmental harm to land, air, water, or fish or wildlife resources, such Secretary or authorized representative shall immediately order a cessation of mineral activities or the portion thereof relevant to the condition, practice, or violation. (3) (A) A cessation order pursuant to paragraphs (1) or (2) shall remain in effect until such Secretary, or authorized representative, determines that the condition, practice, or violation has been abated, or until modified, vacated or terminated by the Secretary or authorized representative. In any such order, the Secretary or authorized representative shall determine the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary measures in the order. The Secretary concerned shall require appropriate financial assurances to ensure that the abatement obligations are met. (B) Any notice or order issued pursuant to paragraphs (1) or (2) may be modified, vacated, or terminated by the Secretary concerned or an authorized representative of such Secretary. Any person to whom any such notice or order is issued shall be entitled to a hearing on the record. (4) If, after 30 days of the date of the order referred to in paragraph (3)(A) the required abatement has not occurred, the Secretary concerned shall take such alternative enforcement action against the claim holder or operator (or any person who controls the claim holder or operator) as will most likely bring about abatement in the most expeditious manner possible. Such alternative enforcement action may include, but is not necessarily limited to, seeking appropriate injunctive relief to bring about abatement. Nothing in this paragraph shall preclude the Secretary, or for National Forest System lands the Secretary of Agriculture, from taking alternative enforcement action prior to the expiration of 30 days. (5) If a claim holder or operator (or any person who controls the claim holder or operator) fails to abate a violation or defaults on the terms of the permit, the Secretary, or for National Forest System lands the Secretary of Agriculture, shall forfeit the financial assurance for the plan as necessary to ensure abatement and reclamation under this title. The Secretary concerned may prescribe conditions under which a surety may perform reclamation in accordance with the approved plan in lieu of forfeiture. (6) The Secretary, or for National Forest System lands the Secretary of Agriculture, shall not cause forfeiture of the financial assurance while administrative or judicial review is pending. (7) In the event of forfeiture, the claim holder, operator, or any affiliate thereof, as appropriate as determined by the Secretary by rule, shall be jointly and severally liable for any remaining reclamation obligations under this title. (b) Compliance The Secretary, or for National Forest System lands the Secretary of Agriculture, may request the Attorney General to institute a civil action for relief, including a permanent or temporary injunction or restraining order, or any other appropriate enforcement order, including the imposition of civil penalties, in the district court of the United States for the district in which the mineral activities are located whenever a person— (1) violates, fails, or refuses to comply with any order issued by the Secretary concerned under subsection (a); or (2) interferes with, hinders, or delays the Secretary concerned in carrying out an inspection under section 143. Such court shall have jurisdiction to provide such relief as may be appropriate. Any relief granted by the court to enforce an order under paragraph (1) shall continue in effect until the completion or final termination of all proceedings for review of such order unless the district court granting such relief sets it aside. (c) Delegation Notwithstanding any other provision of law, the Secretary may utilize personnel of the Office of Surface Mining Reclamation and Enforcement to ensure compliance with the requirements of this title. (d) Penalties (1) Any person who fails to comply with any requirement of a permit approved under this title or any regulation issued by the Secretaries to implement this title shall be liable for a penalty of not more than $25,000 per violation. Each day of violation may be deemed a separate violation for purposes of penalty assessments. (2) A person who fails to correct a violation for which a cessation order has been issued under subsection (a) within the period permitted for its correction shall be assessed a civil penalty of not less than $1,000 per violation for each day during which such failure continues. (3) Whenever a corporation is in violation of a requirement of a permit approved under this title or any regulation issued by the Secretaries to implement this title or fails or refuses to comply with an order issued under subsection (a), any director, officer, or agent of such corporation who knowingly authorized, ordered, or carried out such violation, failure, or refusal shall be subject to the same penalties as may be imposed upon the person referred to in paragraph (1). (e) Suspensions or revocations The Secretary, or for National Forest System lands the Secretary of Agriculture, shall suspend or revoke a permit issued under subtitle C, in whole or in part, if the operator— (1) knowingly made or knowingly makes any false, inaccurate, or misleading material statement in any mining claim, notice of location, application, record, report, plan, or other document filed or required to be maintained under this title; (2) fails to abate a violation covered by a cessation order issued under subsection (a); (3) fails to comply with an order of the Secretary concerned; (4) refuses to permit an audit pursuant to this title; (5) fails to maintain an adequate financial assurance under section 136; (6) fails to pay claim maintenance fees or other moneys due and owing under this title; or (7) with regard to plans conditionally approved under section 135(c)(2), fails to abate a violation to the satisfaction of the Secretary concerned, or if the validity of the violation is upheld on the appeal which formed the basis for the conditional approval. (f) False statements; tampering Any person who knowingly— (1) makes any false material statement, representation, or certification in, or omits or conceals material information from, or unlawfully alters, any mining claim, notice of location, application, record, report, plan, or other documents filed or required to be maintained under this title; or (2) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained under this title, shall upon conviction, be punished by a fine of not more than $10,000. If a conviction of a person is for a violation committed after a first conviction of such person under this subsection, punishment shall be by a fine of not more than $20,000 per day of violation. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. (g) Knowing violations Any person who knowingly— (1) engages in mineral activities without a permit required under subtitle C; or (2) violates any other requirement of a permit issued under this title, or any condition or limitation thereof, shall upon conviction be punished by a fine of not less than $5,000 nor more than $50,000 per day of violation. If a conviction of a person is for a violation committed after the first conviction of such person under this subsection, punishment shall be a fine of not less than $10,000 per day of violation. (h) Knowing and willful violations Any person who knowingly and willfully commits an act for which a civil penalty is provided in paragraph (1) of subsection (g) shall, upon conviction, be punished by a fine of not more than $50,000. (i) Definition For purposes of this section, the term person includes any officer, agent, or employee of a person. (j) Adjustment of penalties The Secretary may adjust the penalties described in this section as necessary. 147. Regulations The Secretary and the Secretary of Agriculture shall issue such regulations as are necessary to implement this title. The regulations implementing subtitle B, subtitle C, subtitle D, and subtitle E that affect the Forest Service shall be joint regulations issued by both Secretaries, and shall be issued no later than 180 days after the date of enactment of this Act. 148. Effective date This title shall take effect on the date of enactment of this Act, except as otherwise provided in this title. 149. Savings clause (a) Special Application of mining laws Nothing in this title shall be construed as repealing or modifying any Federal law, regulation, order, or land use plan, in effect prior to the date of enactment of this Act that prohibits or restricts the application of the general mining laws, including laws that provide for special management criteria for operations under the general mining laws as in effect prior to the date of enactment of this Act, to the extent such laws provide for protection of natural and cultural resources and the environment greater than required under this title, and any such prior law shall remain in force and effect with respect to claims located (or proposed to be located) or converted under this title. Nothing in this title shall be construed as applying to or limiting mineral investigations, studies, or other mineral activities conducted by any Federal or State agency acting in its governmental capacity pursuant to other authority. Nothing in this title shall affect or limit any assessment, investigation, evaluation, or listing pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 3251 et seq.). (b) Effect on other Federal laws The provisions of this title shall supersede the general mining laws, except for those parts of the general mining laws respecting location of mining claims that are not expressly modified by this title. Except for the general mining laws, nothing in this title shall be construed as superseding, modifying, amending, or repealing any provision of Federal law not expressly superseded, modified, amended, or repealed by this title. Nothing in this title shall be construed as altering, affecting, amending, modifying, or changing, directly or indirectly, any law which refers to and provides authorities or responsibilities for, or is administered by, the Environmental Protection Agency or the Administrator of the Environmental Protection Agency, including the Federal Water Pollution Control Act, title XIV of the Public Health Service Act (the Safe Drinking Water Act), the Clean Air Act, the Pollution Prevention Act of 1990, the Toxic Substances Control Act, the Federal Insecticide, Fungicide, and Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, the Motor Vehicle Information and Cost Savings Act, the Federal Hazardous Substances Act, the Endangered Species Act of 1973, the Atomic Energy Act, the Noise Control Act of 1972, the Solid Waste Disposal Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Superfund Amendments and Reauthorization Act of 1986, the Ocean Dumping Act, the Environmental Research, Development, and Demonstration Authorization Act, the Pollution Prosecution Act of 1990, and the Federal Facilities Compliance Act of 1992, or any statute containing an amendment to any of such Acts. Nothing in this title shall be construed as modifying or affecting any provision of the Native American Graves Protection and Repatriation Act ( Public Law 101–601 ) or any provision of the American Indian Religious Freedom Act ( 42 U.S.C. 1996 ), the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), and the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (c) Protection of conservation areas In order to protect the resources and values of National Conservation System units, the Secretary, as appropriate, shall utilize authority under this title and other applicable law to the fullest extent necessary to prevent mineral activities that could have an adverse impact on the resources or values for which such units were established. (d) Sovereign immunity of indian tribes Nothing in this section shall be construed so as to waive the sovereign immunity of any Indian tribe. 150. Availability of public records Copies of records, reports, inspection materials, or information obtained by the Secretary or the Secretary of Agriculture under this title shall be made available to the public, consistent with section 552 of title 5, United States Code, in central and sufficient locations in the county, multicounty, and State area of mineral activity or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the Internet. 151. Miscellaneous powers (a) In general In carrying out his or her duties under this title, the Secretary, or for National Forest System lands the Secretary of Agriculture, may conduct any investigation, inspection, or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his or her duties. (b) Ancillary powers In connection with any hearing, inquiry, investigation, or audit under this title, the Secretary, or for National Forest System lands the Secretary of Agriculture, is authorized to take any of the following actions: (1) Require, by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary concerned may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary. (2) Administer oaths. (3) Require by subpoena the attendance and testimony of witnesses and the production of all books, papers, records, documents, matter, and materials, as such Secretary may request. (4) Order testimony to be taken by deposition before any person who is designated by such Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection. (5) Pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (c) Enforcement In cases of refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary concerned and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and produce documents before the Secretary concerned. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day. (d) Entry and access Without advance notice and upon presentation of appropriate credentials, the Secretary, or for National Forest System lands the Secretary of Agriculture, or any authorized representative thereof— (1) shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this title are located; (2) may at reasonable times, and without delay, have access to records, inspect any monitoring equipment, or review any method of operation required under this title; (3) may engage in any work and do all things necessary or expedient to implement and administer the provisions of this title; (4) may, on any mining claim located under the general mining laws and maintained in compliance with this title, and without advance notice, stop, and inspect any motorized form of transportation that such Secretary has probable cause to believe is carrying locatable minerals, concentrates, or products derived therefrom from a claim site for the purpose of determining whether the operator of such vehicle has documentation related to such locatable minerals, concentrates, or products derived therefrom as required by law, if such documentation is required under this title; and (5) may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying locatable minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this title. 152. Multiple mineral development and surface resources The provisions of sections 4 and 6 of the Act of August 13, 1954 (30 U.S.C. 524 and 526), commonly known as the Multiple Minerals Development Act, and the provisions of section 4 of the Act of July 23, 1955 (30 U.S.C. 612), shall apply to all mining claims located under the general mining laws and maintained in compliance with such laws and this title. 153. Mineral materials (a) Determinations Section 3 of the Act of July 23, 1955 ( 30 U.S.C. 611 ), is amended— (1) by inserting (a) before the first sentence; (2) by inserting mineral materials, including after varieties of in the first sentence; (3) by striking or cinders and inserting in lieu thereof cinders, and clay ; and (4) by adding the following new subsection at the end thereof: (b) (1) Subject to valid existing rights, after the date of enactment of the Mining Reform and Deficit Reduction Act of 2013 , notwithstanding the reference to common varieties in subsection (a) and to the exception to such term relating to a deposit of materials with some property giving it distinct and special value, all deposits of mineral materials referred to in such subsection, including the block pumice referred to in such subsection, shall be subject to disposal only under the terms and conditions of the Materials Act of 1947. (2) For purposes of paragraph (1), the term valid existing rights means that a mining claim located for any such mineral material— (A) had and still has some property giving it the distinct and special value referred to in subsection (a), or as the case may be, met the definition of block pumice referred to in such subsection; (B) was properly located and maintained under the general mining laws prior to the date of enactment of the Mining Reform and Deficit Reduction Act of 2013 ; (C) was supported by a discovery of a valuable mineral deposit within the meaning of the general mining laws as in effect immediately prior to the date of enactment of the Mining Reform and Deficit Reduction Act of 2013 ; and (D) that such claim continues to be valid under this Act. . (b) Mineral materials disposal clarification Section 4 of the Act of July 23, 1955 (30 U.S.C. 612), is amended— (1) in subsection (b) by inserting and mineral material after vegetative ; and (2) in subsection (c) by inserting and mineral material after vegetative . (c) Conforming amendment Section 1 of the Act of July 31, 1947, entitled An Act to provide for the disposal of materials on the public lands of the United States ( 30 U.S.C. 601 et seq. ) is amended by striking common varieties of in the first sentence. (d) Short titles (1) Surface resources The Act of July 23, 1955, is amended by inserting after section 7 the following new section: 8. This Act may be cited as the Surface Resources Act of 1955 . . (2) Mineral materials The Act of July 31, 1947, entitled An Act to provide for the disposal of materials on the public lands of the United States (30 U.S.C. 601 et seq.) is amended by inserting after section 4 the following new section: 5. This Act may be cited as the Materials Act of 1947 . . (e) Repeals (1) Subject to valid existing rights, the Act of August 4, 1892 (27 Stat. 348, 30 U.S.C. 161), commonly known as the Building Stone Act, is hereby repealed. (2) Subject to valid existing rights, the Act of January 31, 1901 ( 30 U.S.C. 162 ), commonly known as the Saline Placer Act, is hereby repealed. II Abandoned Mine Reclamation 201. Short title This title may be cited as the Abandoned Mine Reclamation and Deficit Reduction Act of 2013 . 202. Definitions and references (a) In general As used in this title: (1) The term beneficiation means the crushing and grinding of hardrock mineral ore and such processes as are employed to free the mineral from other constituents, including but not necessarily limited to, physical and chemical separation techniques. (2) The term claim holder means a person holding a mining claim, millsite claim, or tunnel site claim located under the general mining laws and maintained in compliance with such laws and this title. Such term may include an agent of a claim holder. (3) The term control means having the ability, directly or indirectly, to determine (without regard to whether exercised through one or more corporate structures) the manner in which an entity conducts mineral activities, through any means, including without limitation, ownership interest, authority to commit the entity’s real or financial assets, position as a director, officer, or partner of the entity, or contractual arrangement. (4) The term crude ore means ore in its unprocessed form, containing profitable amounts of the target mineral. (5) The term displaced material means any crude ore and waste dislodged from its location at the time hardrock mining begins at surface, underground, or in-situ mines. (6) The term exploration means surface disturbance to evaluate the type, extent, quantity, or quality of minerals present including sampling, drilling, and analyzing hardrock mineral values. (7) The term Federal land means any land, including mineral interests, owned by the United States without regard to how the United States acquired ownership of the land and without regard to the agency having responsibility for management thereof, except Indian lands. (8) The term hardrock means any mineral mined under the Mining Law of 1872 ( 30 U.S.C. 22–54 ), and with respect to State, Indian, and private lands, any minerals on those lands that would be considered hardrock minerals if such minerals had been mined under the Mining Law of 1872. (9) The term hardrock mining operation means any activities or operations conducted to mine minerals under the Mining Law of 1872 ( 30 U.S.C. 22–54 ), and, with respect to State, Indian, and private lands, any activities or operations conducted on such lands to mine minerals that would be considered hardrock minerals if such minerals had been mined under the Mining Law of 1872: Provided, however , That if subsequent to the date of enactment of this Act, any minerals mined under the Mining Law of 1872 are transferred from the requirements of the Mining Law of 1872 to different statutory requirements, those activities or operations conducted on lands to mine those minerals so transferred will continue to be subject to the provisions of this title. (10) The term Indian lands means lands held in trust for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to a restriction by the United States against alienation. (11) The term Indian tribe means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (12) The term mineral activities means any activity on a mining claim, millsite claim, or tunnel site claim for, related to, or incidental to, mineral exploration, mining, beneficiation, processing, or reclamation activities for any hardrock mineral. (13) The term operator means any person that conducts mineral activities and any agent of such person. (14) The term person means an individual, Indian tribe, partnership, association, society, joint venture, joint stock company, firm, company, corporation, cooperative, or other organization and any instrumentality of State or local government including any publicly owned utility or publicly owned corporation of State or local government. (15) The term processing means processes downstream of beneficiation employed to prepare hardrock mineral ore into the final marketable product, including but not limited to smelting and electrolytic refining. (16) The term Secretary means the Secretary of the Interior, unless otherwise specified. (17) The term ton means 2,000 pounds avoirdupois (.90718 metric ton). (18) The term waste means rock that must be fractured and removed in order to gain access to crude ore. (b) References to other laws (1) Any reference in this title to the term general mining laws is a reference to those Acts that generally comprise chapters 2, 12A, and 16, and sections 161 and 162, of title 30, United States Code. (2) Any reference in this title to the Act of July 23, 1955, is a reference to the Act entitled An Act to amend the Act of July 31, 1947 (61 Stat. 681) and the mining laws to provide for multiple use of the surface of the same tracts of the public lands, and for other purposes ( 30 U.S.C. 601 et seq. ). A Hardrock Mining Reclamation 211. Displaced material reclamation fee (a) Imposition of fee Except as provided in paragraph (2), each operator of a hardrock mining operation shall pay to the Secretary, for deposit in the Abandoned Mine Cleanup Fund established by section 221(a), a displaced material reclamation fee of 7 cents per ton of displaced material. (b) Payment deadline The reclamation fee shall be paid not later than 60 days after the end of each calendar year beginning with the first calendar year occurring after the date of enactment of this Act. (c) Submission of statement Together with such reclamation fee, all operators of hardrock mining operations shall submit a statement of the amount of displaced materials produced during mineral activities during the previous calendar year, the accuracy of which shall be sworn to by the operator and notarized. (d) Penalty Any person, corporate officer, agent or director, on behalf of a hardrock mining operation, who knowingly makes any false statement, representation or certification, or knowingly fails to make any statement, representation or certification required in this section shall, upon conviction, be punished by a fine of not more than $10,000. (e) Civil action To recover fee Any portion of the reclamation fee not properly or promptly paid pursuant to this section shall be recoverable, with statutory interest, from the hardrock mining operations operator, in any court of competent jurisdiction in any action at law to compel payment of debts. (f) Deposit of revenues Amounts received by the Secretary under subsection (a)(1) shall be deposited in the Abandoned Mine Cleanup Fund established by section 221(a). (g) Effect Nothing in this section requires a reduction in, or otherwise affects, any similar fee required under any law (including regulations) of any State. 212. Fees adjustments (a) In general The Secretary of the Interior shall adjust the fees required by section 211 to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (b) Notice The Secretary shall provide claimants notice of any adjustment made under this section not later than July 1 of any year in which the adjustment is made. (c) Application A fee adjustment under this section shall begin to apply in the calendar year following the calendar year in which it is made. B Abandoned Mine Cleanup Fund 221. Establishment of fund (a) Establishment There is established on the books of the Treasury of the United States a separate account to be known as the Abandoned Mine Cleanup Fund (hereinafter in this subtitle referred to as the Fund ) consisting of the following: (1) All donations by persons, corporations, associations, and foundations for the purposes of this subtitle. (2) All amounts deposited in the Fund under section 211. (3) All income on investments under subsection (b). (b) Investment The Secretary shall notify the Secretary of the Treasury as to what portion of the Fund is not, in the Secretary’s judgment, required to meet current withdrawals. The Secretary of the Treasury shall invest such portion of the Fund in public debt securities with maturities suitable for the needs of such Fund and bearing interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketplace obligations of the United States of comparable maturities. (c) Administration (1) The Fund shall be administered by the Secretary, acting through the Director of the Office of Surface Mining Reclamation and Enforcement. (2) Amounts credited to the Fund shall be available, without further appropriation, for obligation and expenditure, and shall remain available until expended. (3) The Secretary may retain such funds as necessary for the administrative expenses of the United States, Indian tribes, and the States to accomplish the purposes of this subtitle. (d) Expenditures Subject to section 222, amounts in the Fund may, without fiscal year limitation and without further appropriation— (1) be expended by the Secretary for the purposes described in section 222; (2) be transferred by the Secretary to the Director of the Bureau of Land Management, the Chief of the Forest Service, the Director of the National Park Service, the Director of the United States Fish and Wildlife Service, or the head of any other Federal agency, that develops, implements, and has the ability to carry out all or a significant portion of a reclamation program under this subtitle; or (3) be transferred by the Secretary to an Indian tribe or a State with an approved reclamation program, as provided in subsection (e). (e) State and tribal reclamation programs (1) Each State having within the borders of the State, or tribe having within the borders of the reservation of the tribe, mined land that is eligible for reclamation under this title may submit to the Secretary a reclamation program for the land. (2) If the Secretary determines that a State or tribe has developed and submitted a program for reclamation of abandoned mines consistent with the priorities established under section 222(c) and has the ability and necessary State or tribal legislation to implement this subtitle, the Secretary shall— (A) approve the program; and (B) grant to the State or tribe the exclusive responsibility and authority to implement the approved program. (3) The Secretary shall withdraw the approval and authorization if the Secretary determines that the State or tribal program is not in compliance with procedures, guidelines, and requirements established by the Secretary. (4) Subject to paragraph (3), any State program in an abandoned hardrock mine State or tribal program for reclamation of abandoned mines approved under title IV of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) before the date of enactment of this Act and in good standing with the Secretary as of that date shall be considered approved under this subtitle. 222. Use and objectives of the fund (a) Use (1) The Secretary may, subject to the availability of appropriations, use amounts in the Fund for the reclamation and restoration of land and water resources adversely affected by past hardrock minerals and mining and related activities in abandoned hardrock mine States and on Indian land located within the exterior boundaries of abandoned hardrock mine States, including the conduct of activities— (A) to protect public health and safety; (B) to prevent, abate, treat, and control water pollution created by abandoned mine drainage, including activities conducted in watersheds; (C) to reclaim and restore abandoned surface and underground mined areas; (D) to reclaim and restore abandoned milling and processing areas; (E) to backfill, seal, or otherwise control abandoned underground mine entries; (F) to revegetate land adversely affected by past mining activities— (i) to prevent erosion and sedimentation; and (ii) for any other reclamation purpose; (G) to control surface subsidence due to abandoned underground mines; and (H) to enhance fish and wildlife habitat. (2) Before expending amounts in the Fund for the purposes described in paragraph (1), the Secretary shall make a determination that no claim holder, operator, or other person who is legally responsible under Federal or State law for the reclamation of the mine site can be located before reclamation under this title of the abandoned hardrock mine site begins. (b) Allocation Of the amounts deposited in the Fund each fiscal year— (1) 30 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has a program approved under section 221(e), by the State or Indian tribe, in the States in which, or on Indian land on which, hardrock minerals are produced, based on a formula reflecting existing production in the State or on the land of the Indian tribe; (2) 30 percent shall be allocated by the Secretary for expenditure by the Secretary or, if a State or Indian tribe has a program approved under section 221(e), by the State or Indian tribe, in the States and on Indian land using a formula based on the quantity of hardrock minerals historically produced in the State or from the Indian land before the date of enactment of this Act; (3) 30 percent shall be allocated by the Secretary for expenditures on high priority abandoned mine sites on Federal and non-Federal land based on the priorities established in subsection (c); and (4) 10 percent shall be available to the Secretary for grants under subsection (d). (c) Priorities Expenditures of moneys from the Fund shall reflect the following priorities in the order stated: (1) The protection of public health and safety, from extreme danger from the adverse effects of past mineral activities, especially as relates to surface water and groundwater contaminants. (2) The protection of public health and safety, from the adverse effects of past mineral activities. (3) The restoration of land, water, and fish and wildlife resources previously degraded by the adverse effects of past mineral activities, which may include restoration activities in river watershed areas. (4) For the years 2013 through 2018, the Secretary shall give first priority to and fully fund projects to cleanup and reclaim abandoned hardrock mines— (A) in States and tribal lands that have previously been certified for completing their reclamation obligations under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.); and (B) that are currently utilizing funds available under section 411 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ) to fund the cleanup of abandoned hardrock mines. The Secretary shall fund, to the extent that funds are available in the Abandoned Mine Cleanup Fund, such cleanups to the same level as established by the formula established in the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq. ) notwithstanding the changes made under subtitle C of this title. (d) Grants to public entities and nonprofit organizations The Secretary shall use amounts made available under subsection (b)(4) to make grants to public entities (including State fish and game agencies and local governments) and nonprofit organizations (based on criteria established by the Secretary by regulation) to carry out activities that support collaborative restoration projects to improve fish and wildlife habitat affected by past hardrock minerals and mining activities, including activities that— (1) improve water quality and quantity; (2) restore watersheds in which historic mining dewatered or otherwise fragmented stream habitats; (3) restore instream habitat conditions necessary to support aquatic species; (4) restore vegetative cover and streamside areas to control erosion and improve conditions for fish and wildlife; (5) control and remove noxious weeds and invasive species associated with historic mining disturbances that affect fish and wildlife; (6) restore fish and wildlife habitat in cases in which previous hardrock minerals and mining activity limits fish and wildlife productivity; (7) protect and restore fish and wildlife habitat in areas affected by historic minerals and mining activity; and (8) mitigate impacts to watersheds affected by past hardrock minerals and mining activities. (e) Habitat Reclamation and restoration activities under this subtitle shall include appropriate mitigation measures to provide for the continuation of any established habitat for wildlife in existence prior to the commencement of such activities. (f) Response or removal actions Reclamation and restoration activities under this subtitle which constitute a removal or remedial action under section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), shall be conducted with the concurrence of the Administrator of the Environmental Protection Agency. The Secretary and the Administrator shall enter into a memorandum of understanding to establish procedures for consultation, concurrence, training, exchange of technical expertise, and joint activities under the appropriate circumstances, that provide assurances that reclamation or restoration activities under this subtitle shall not be conducted in a manner that increases the costs or likelihood of removal or remedial actions under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), and that avoid oversight by multiple agencies to the maximum extent practicable. 223. Eligible lands and waters (a) Eligibility Reclamation expenditures under this subtitle may be made with respect to Federal, State, local, tribal, and private land or water resources that traverse or are contiguous to Federal, State, local, tribal, or private land where such lands or water resources have been affected by past mineral activities, including any of the following: (1) Lands and water resources that were used for, or affected by, mineral activities and abandoned or left in an inadequate reclamation status before the effective date of this Act. (2) Lands for which the Secretary makes a determination that there is no continuing reclamation responsibility of a claim holder, operator, or other person who abandoned the site prior to completion of required reclamation under State or other Federal laws. (b) Specific Sites and Areas Not Eligible Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or that have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) shall not be eligible for expenditures from the Fund under this section. (c) Inventory (1) The Secretary shall prepare and maintain a publicly available inventory of abandoned hardrock minerals mines on public lands and any abandoned hardrock mineral mines on Indian lands that may be eligible for expenditures under this subtitle, and shall deliver a yearly report to the Congress on the progress in cleanup of such sites. (2) Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall update the inventory described in paragraph (1). C Administrative Provisions 231. Effective date This title shall take effect on the date of enactment of this Act. 232. Fees adjustments (a) In general The Secretary of the Interior shall adjust the fees required by section 211 to reflect changes in the Consumer Price Index published by the Bureau of Labor Statistics of the Department of Labor every 5 years after the date of enactment of this Act, or more frequently if the Secretary determines an adjustment to be reasonable. (b) Notice The Secretary shall provide claimants notice of any adjustment made under this section not later than July 1 of any year in which the adjustment is made. (c) Application A fee adjustment under this section shall begin to apply in the calendar year following the calendar year in which it is made. 233. Inspection and monitoring (a) Inspections The Secretary of the Interior shall make inspections of mineral activities so as to ensure compliance with the requirements of this title. (b) Ancillary powers In connection with any hearing, inquiry, investigation, or audit under this title, the Secretary may take any of the following actions: (1) Require, by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary concerned may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary. (2) Administer oaths. (3) Require by subpoena the attendance and testimony of witnesses and the production of all books, papers, records, documents, matter, and materials, as such Secretary may request. (4) Order testimony to be taken by deposition before any person who is designated by such Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection. (5) Pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (c) Enforcement In cases of refusal to obey a subpoena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary concerned and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and produce documents before the Secretary concerned. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day. (d) Entry and access Without advance notice and upon presentation of appropriate credentials, the Secretary or any authorized representative thereof— (1) shall have the right of entry to, upon, or through the site of any claim, mineral activities, or any premises in which any records required to be maintained under this title are located; (2) may at reasonable times, and without delay, have access to records, inspect any monitoring equipment, or review any method of operation required under this title; (3) may engage in any work and do all things necessary or expedient to implement and administer the provisions of this title; and (4) may, if accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, stop and inspect any motorized form of transportation which is not on a claim site if he or she has probable cause to believe such vehicle is carrying hardrock minerals, concentrates, or products derived therefrom from a claim site on Federal lands or allocated to such claim site. Such inspection shall be for the purpose of determining whether the operator of such vehicle has the documentation required by law, if such documentation is required under this title. 234. Regulations The Secretary of the Interior and the Secretary of Agriculture shall issue such regulations as are necessary to implement this Act. The regulations implementing subtitle B, subtitle C, subtitle D, and subtitle E that affect the Forest Service shall be joint regulations issued by both Secretaries, and shall be issued no later than 180 days after the date of enactment of this Act. 235. Availability of public records Copies of records, reports, inspection materials, or information obtained by the Secretary of the Interior or the Secretary of Agriculture under this title shall be made immediately available to the public, consistent with section 552 of title 5, United States Code, in central and sufficient locations in the county, multicounty, and State area of mineral activity or reclamation so that such items are conveniently available to residents in the area proposed or approved for mineral activities and on the Internet.

https://www.govinfo.gov/content/pkg/BILLS-113hr2467ih/xml/BILLS-113hr2467ih.xml

113-hr-2468

I 113th CONGRESS 1st Session H. R. 2468 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Matsui (for herself and Mr. Joyce ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To ensure the safety of all users of the transportation system, including pedestrians, bicyclists, transit users, children, older individuals, and individuals with disabilities, as they travel on and across federally funded streets and highways. 1. Short title This Act may be cited as the Safe Streets Act of 2013 . 2. Definitions In this Act: (1) Complete street The term complete street means a roadway that safely accommodates all travelers, particularly public transit users, bicyclists, pedestrians (including individuals of all ages and individuals with mobility, sensory, neurological, or hidden disabilities), motorists and freight vehicles, to enable all travelers to use the roadway safely and efficiently. (2) Complete streets policy; complete streets principle The terms complete streets policy and complete streets principle mean a transportation law, policy, or principle at the local, State, regional, or Federal level that ensures— (A) the safe and adequate accommodation, in all phases of project planning and development, of all users of the transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, individuals with disabilities, motorists, and freight vehicles; and (B) the consideration of the safety and convenience of all users in all phases of project planning and development. (3) Local jurisdiction The term local jurisdiction means any unit of local government. (4) Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (5) Roadway The term roadway means— (A) the defined Federal functional classification roadway system; and (B) each bridge structure providing a connection for such a roadway system. (6) Secretary The term Secretary means the Secretary of Transportation. (7) Senior manager The term senior manager means— (A) the director of a State department of transportation (or a designee); (B) the director of a metropolitan planning organization (or a designee); and (C) the director of a regional, county, or city transportation agency that is primarily responsible for planning and approval of transportation projects (or a designee). (8) Transportation improvement program The term transportation improvement program has the meaning given the term TIP in section 134(b) of title 23, United States Code. 3. Complete streets policy (a) Law or policy Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this Act each State and metropolitan planning organization shall have in effect— (1) in the case of a State— (A) a law requiring that, beginning on the effective date of the State law, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; or (B) an explicit State department of transportation policy that, beginning on the effective date of the policy, all transportation projects in the State shall accommodate the safety and convenience of all users in accordance with complete streets principles; and (2) in the case of a metropolitan planning organization, an explicit statement of policy that, beginning on the effective date of the policy, all transportation projects under the jurisdiction of the metropolitan planning organization shall accommodate the safety and convenience of all users in accordance with complete streets principles. (b) Inclusions (1) In general A law or policy described in subsection (a) shall— (A) apply to each federally funded project of each State department of transportation or metropolitan planning organization transportation improvement program; (B) include a statement that each project under the transportation improvement program makes streets or affected rights-of-way accessible to the expected users of that facility, of all ages and abilities, including pedestrians, bicyclists, transit vehicles and users, freight vehicles, and motorists; (C) except as provided in paragraph (2), apply to new road construction and road modification projects, including design, planning, construction, reconstruction, rehabilitation, maintenance, and operations, for the entire right-of-way; (D) indicate that improvements for the safe and convenient travel by pedestrians or bicyclists of all ages and abilities on or across streets shall be fully assessed, considered, and documented as a routine element of pavement resurfacing projects; (E) delineate a clear procedure by which transportation improvement projects may be exempted from complying with complete streets principles, which shall require— (i) approval by the appropriate senior manager, in accordance with subsection (d)(2); and (ii) documentation, with supporting data, that indicates the basis for such an exemption; (F) comply with up-to-date design standards, particularly standards relating to providing access for individuals with disabilities; (G) require that complete streets principles be applied in due consideration of the urban, suburban, or rural context in which a project is located; (H) include a list of performance standards with measurable outcomes to ensure that the transportation improvement program adheres to complete streets principles; and (I) directs agency staff to create an implementation plan. (2) Exception A law or policy described in subsection (a) shall not apply to a new road construction or modification project for which, as of the effective date of the law or policy, at least 30 percent of the design phase is completed. (c) Exemption requirements and procedures A law or policy described in subsection (a) shall allow for a project-specific exemption from an applicable complete streets policy if— (1) (A) an affected roadway prohibits, by law, use of the roadway by specified users, in which case a greater effort shall be made to accommodate those specified users elsewhere, including on roadways that cross or otherwise intersect with the affected roadway; (B) the cost to the exempted project in achieving compliance with the applicable complete streets policy would be excessively disproportionate (as defined in the 2001 Department of Transportation Guidance on Accommodating Bicycle and Pedestrian Travel), as compared to the need or probable use of a particular complete street; or (C) the existing and planned population, employment densities, traffic volumes, or level of transit service around a particular roadway is so low, that the expected users of the roadway will not include pedestrians, public transportation, freight vehicles, or bicyclists; and (2) the project-specific exemption is approved by— (A) a senior manager of the metropolitan planning organization that approved the transportation improvement program containing the exempted project; (B) a senior manager of the relevant State department of transportation; or (C) in the case of a project for which neither the metropolitan planning organization nor the State department of transportation is the agency with primary transportation planning authority, a senior manager of the regional, county, or city agency responsible for planning and approval of the project. (d) Integration Each State department of transportation and metropolitan planning organization implementing a complete streets policy shall incorporate complete streets principles into all aspects of the transportation project development, programming, and delivery process, including project planning and identification, scoping procedures, design approvals, design manuals, and performance measures. (e) Reports (1) In general Each State department of transportation shall submit to the Secretary a report describing the implementation by the State of measures to achieve compliance with the requirements of this section, at such time, in such manner, and containing such information as the Secretary may require. (2) Determination by Secretary On receipt of a report under paragraph (1), the Secretary shall determine whether the applicable State has achieved compliance with the requirements of this section. 4. Certification (a) In general Not later than 1 year after the enactment of this Act, the Secretary shall establish a method of evaluating compliance by State departments of transportation and metropolitan planning organizations with the requirements of this Act, including a requirement that each State department of transportation and metropolitan planning organization shall submit to the Secretary a report describing— (1) each complete streets policy adopted by the State department of transportation or metropolitan planning organization; (2) the means of implementation by the State department of transportation or metropolitan planning organization of the complete streets policy; and (3) the process for providing an exemption, from the requirements of the complete streets policy of the State department of transportation or metropolitan planning organization. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing— (1) the method established under subsection (a); (2) the status of activities for adoption and implementation by State departments of transportation and metropolitan planning organizations of complete streets policies; (3) the tools and resources provided by the Secretary to State departments of transportation and metropolitan planning organizations to assist with that adoption and implementation; and (4) other measures carried out by the Secretary to encourage the adoption of complete streets policies by local jurisdictions. 5. Accessibility standards (a) Final standards Not later than 1 year after the date of enactment of this Act, the Architectural and Transportation Barriers Compliance Board established by section 502(a)(1) of the Rehabilitation Act of 1973 ( 29 U.S.C. 792(a)(1) ) shall promulgate final standards for accessibility of new construction and alteration of pedestrian facilities for public rights-of-way. (b) Temporary standards During the period beginning on the date of enactment of this Act and ending on the date on which the Architectural and Transportation Barriers Compliance Board promulgates final standards under subsection (a), a State or metropolitan planning organization shall apply to public rights-of-way— (1) the standards for accessible transportation facilities contained in section 37.9 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or (2) if the standards referred to in paragraph (1) do not address, or are inapplicable to, an affected public right-of-way, the revised draft guidelines for accessible public rights-of-way of the Architectural and Transportation Barriers Compliance Board dated November 23, 2005. 6. Research, technical guidance, and implementation assistance (a) Research (1) In general The Secretary shall conduct research regarding complete streets to assist States, metropolitan planning organizations, and local jurisdictions in developing, adopting, and implementing plans, projects, procedures, policies, and training programs that comply with complete streets principles. (2) Participation The Secretary shall solicit participation in the research program under paragraph (1) by— (A) the American Association of State Highway and Transportation Officials; (B) the Institute of Transportation Engineers; (C) the American Public Transportation Association; (D) the American Planning Association; (E) the National Association of Regional Councils; (F) the Association of Metropolitan Planning Organizations; (G) the Insurance Institute for Highway Safety; (H) the American Society of Landscape Architects; (I) representatives of transportation safety, disability, motoring, bicycling, walking, transit user, aging, and air quality organizations; and (J) other affected communities. (3) Requirements The research under paragraph (1) shall— (A) be based on the applicable statement of complete streets research needs of the Transportation Research Board, as described in TR Circular E110; and (B) seek to develop new areas of inquiry, in addition to that statement. (b) Benchmarks and guidance (1) In general The research conducted under subsection (a) shall be designed to result in the establishment of benchmarks and the provision of practical guidance on methods of effectively implementing complete streets policies and complete streets principles that will accommodate all users along a facility or corridor, including vehicles, pedestrians, bicyclists, and transit users. (2) Focus The benchmarks and guidance under paragraph (1) shall— (A) focus on modifying scoping, design, and construction procedures to more effectively combine particular methods of use into integrated facilities that meet the needs of each method in an appropriate balance; and (B) indicate the expected operational and safety performance of alternative approaches to facility design. (c) Data collection The Secretary shall collaborate with the Bureau of Transportation Statistics, the Federal Transit Administration, and appropriate committees of the Transportation Research Board— (1) to collect data regarding a baseline nonmotorized and transit use survey to be integrated into the National Household Travel Survey; and (2) to develop a survey tool for use by State departments of transportation in identifying the multimodal capacity of State and local roadways. (d) Technical guidance (1) Report Not later than 15 months after the date of enactment of this Act, the Secretary shall prepare and make available to all States, metropolitan planning organizations, and local jurisdictions a report that describes the best practices by which transportation agencies throughout the United States have implemented complete streets principles in accordance with, or in anticipation of, the requirements of this Act. (2) Topics for emphasis In preparing the report under paragraph (1), the Secretary shall place particular emphasis on the following topics: (A) Procedures for identifying the needs of users of all ages and abilities of a particular roadway. (B) Procedures for identifying the types and designs of facilities needed to serve each class of users. (C) Safety and other benefits provided by the implementation of complete streets principles. (D) Common barriers to the implementation of complete streets principles. (E) Procedures for overcoming the most common barriers to the implementation of complete streets principles. (F) Procedures for identifying the costs associated with the implementation of complete streets principles. (G) Procedures for maximizing local cooperation in the introduction and implementation of complete streets principles. (H) Procedures for assessing and modifying the facilities and operational characteristics of existing roadways to improve consistency with complete streets principles.

https://www.govinfo.gov/content/pkg/BILLS-113hr2468ih/xml/BILLS-113hr2468ih.xml

113-hr-2469

I 113th CONGRESS 1st Session H. R. 2469 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To direct the Mayor of the District of Columbia to establish a District of Columbia National Guard Educational Assistance Program to encourage the enlistment and retention of persons in the District of Columbia National Guard by providing financial assistance to enable members of the National Guard of the District of Columbia to attend undergraduate, vocational, or technical courses. 1. District of Columbia National Guard Educational Assistance Program The Act entitled An Act to provide for the organization of the militia of the District of Columbia , approved March 1, 1889 (sec. 49—101 et seq., D.C. Official Code) is amended by adding at the end the following new title: II Educational Assistance Program 201. Short title; Findings (a) Short Title This title may be cited as the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act . (b) Findings Congress makes the following findings: (1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. (2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. (3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. (4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. (5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. (6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. (7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. (8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. (9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. 202. District of Columbia National Guard Educational Assistance Program (a) Educational assistance program authorized The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member’s first undergraduate, masters, vocational, or technical degree or certification. (b) Eligibility (1) Criteria A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: (A) The member has satisfactorily completed required initial active duty service. (B) The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. (C) The member is not receiving a Reserve Officer Training Corps scholarship. (2) Maintenance of eligibility To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must— (A) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard (as certified to the Mayor by the commanding general of the District of Columbia National Guard); (B) be enrolled on a full-time or part-time basis (seeking to earn at least 3, but less than 12 credit hours per semester) in an approved institution of higher education; and (C) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1091(c) ). 203. Treatment of Assistance Provided (a) Permitted Use of Funds Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover— (1) tuition and fees charged by an approved institution of higher education involved; (2) the cost of books; and (3) laboratory expenses. (b) Amount of assistance The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. (c) Relation to other assistance Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. (d) Repayment A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. 204. Administration and Funding of Program (a) Administration The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution’s admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. (b) Funding sources and gifts (1) Authorization of appropriations There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. (2) Transfer of funds The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. (3) Donations The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. 205. Definition In this title, the term approved institution of higher education means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) that— (1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); and (2) has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. 206. Effective Date Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2013. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2469ih/xml/BILLS-113hr2469ih.xml

113-hr-2470

I 113th CONGRESS 1st Session H. R. 2470 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Petri (for himself and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Agriculture , Veterans’ Affairs , Financial Services , Energy and Commerce , and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the National Commission on Effective Marginal Tax Rates for Low-Income Families. 1. Short title This Act may be cited as the Making Work and Marriage Pay Act of 2013 . 2. Findings Congress finds the following: (1) The take-home pay of low-income families is subject to reductions from many sources, including the Federal income tax, Social Security payroll taxes, and State income taxes. In addition, eligibility for many Federal and State programs for assistance to working families, such as the earned income tax credit, the child tax credit, supplemental nutritional assistance program, housing assistance programs, Federal and State health care programs, child care assistance, and temporary assistance to needy families, is based in part on income levels. The rates at which the benefits from such programs are phased out have the same disposable income reducing effect as escalating marginal tax rates. (2) The total effective marginal rate of tax for additional income earned by low-income people can exceed 100 percent and can be a disincentive to working more hours, getting a raise, seeking education toward a more lucrative trade, getting married, or engaging in other economic or social activities. (3) Congress has enacted each of these programs without full consideration of the impact it would have on other existing programs. As a result, the structure of the United States system for the support of low-income families is uncoordinated and contains features which work against the goal of encouraging families to work their way toward self-sufficiency. 3. Definitions For purposes of this Act: (1) Low-income The term low-income means, with respect to any individual or family group, an individual or family group, as the case may be, whose income is not more than 225 percent of the poverty line (as determined under section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) )). (2) Federal benefits The term Federal benefits means— (A) deductions, credits, and other tax benefits available to low-income taxpayers under the Internal Revenue Code of 1986, including— (i) the earned income tax credit under section 32 of such Code, (ii) the child tax credit under section 24 of such Code, and (iii) the dependent care tax credit under section 21 of such Code, and (B) Federal assistance programs for low-income individuals and families, including— (i) the supplemental nutritional assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), (ii) any assistance, loan, loan guarantee, housing, housing assistance, or other housing related program administered, in whole or in part, by the Secretary of Housing and Urban Development, the Secretary of Veterans Affairs, or any other Federal agency housing assistance, including the project-based and tenant-based rental assistance programs under section 8 of the United States Housing Act of 1937, (iii) any Federal programs providing child care assistance, and (iv) Federal programs providing health care assistance, including assistance under the Medicaid program established under title XIX of the Social Security Act, the State Children’s Health Insurance Program under title XXI of such Act, and the Patient Protection and Affordable Care Act. (3) Effective marginal tax rate The term effective marginal tax rate means the cost, in terms of both taxes and loss of Federal benefits, for each dollar earned by a low-income individual. 4. National Commission on Effective Marginal Tax Rates for Low-Income Families (a) Establishment There is established a commission to be known as the National Commission on Effective Marginal Tax Rates for Low-Income Families (hereinafter in this Act referred to as the Commission ). (b) Duties of commission (1) In general The Commission shall study and make recommendations on policy changes to mitigate the impact of the effective marginal tax rate and of phaseouts in Federal benefits on low-income earners and their families. (2) Report Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the President and to the Chairman and Ranking member of each Committee of the House and the Senate that has legislative jurisdiction over any of the Federal programs or revenue policies addressed therein, a report containing the following: (A) Analysis A detailed analysis of the following: (i) The Commission’s general recommendations for increasing coordination of the delivery of Federal benefits for low-income families in order to reduce effective marginal tax rates and decrease disincentives to work and marriage. (ii) The relative usefulness of sudden benefit cutoffs (sometime referred to as cliffs ) versus gradual reductions (sometime referred to as phaseouts ) in Federal benefits on low-income workers’ behavior relating to work and marriage. (iii) The interaction of Federal benefits and State assistance programs, and the potential benefits of structuring State programs consistent with the design of Federal assistance. (iv) The maximum extent to which funding for Federal benefits can be appropriated annually avoiding the need to create additional entitlement programs. (v) The extent to which low-income cohabiting couples (including couples with children and couples without children) resist entering a legal marriage in order to maximize Federal benefits and avoid lost income. (B) Recommendations (i) In general A description of the Commission’s recommendations relating to the following: (I) Combining all Federal benefits which are not tax benefits into a single flexible voucher, allowing the beneficiary to allocate funds within each of the supported benefit areas. (II) To the extent possible, providing all eligible families with equal voucher funds described in subclause (I), varying only for income, family size, and the presence of children in the household. (III) Combining all Federal benefits which are tax benefits for low-income families into a coordinated credit that minimizes phaseouts, encourages work, is adjusted for family size, and does not penalize marriage. (IV) Establishing a single eligibility standard for all Federal benefits. (ii) Revenue neutrality In making recommendations under this subparagraph, the Commission shall consider the need to maintain revenue neutrality in order to avoid increasing the deficit. (iii) Blueprint for legislation The Commission shall provide a blueprint for legislative proposals for each policy recommendation under this subparagraph. (C) Other matters (i) Non-feasibility Should the Commission conclude that the policy framework described in subparagraph (B) is not feasible, the Commission shall include in its report— (I) a detailed analysis of such policy framework, (II) a comprehensive explanation of the reasons for its conclusion, and (III) one or more policy recommendations addressing the problem of effective marginal tax rates on low-income families. (ii) Additional matter If the Commission includes in its report a policy plan using the policy elements described in subparagraph (B), it may also include additional alternative recommendations (together with a legislative blueprint as provided under subparagraph (B)(iii)). (c) Membership and meetings (1) Members The Commission shall be composed of 15 members, of whom 4 shall be members described in paragraph (2) and 11 shall be appointed pursuant to paragraph (3). (2) Cabinet members serving on Commission (A) In general The members described in this paragraph are the following Secretaries: (i) The Secretary of the Treasury. (ii) The Secretary of Agriculture. (iii) The Secretary of Housing and Urban Development. (iv) The Secretary of Health and Human Services. (B) Non-voting members; chairman Of the members of the Commission described in subparagraph (A)— (i) the 2 members with the least seniority in terms of service as Secretary shall be nonvoting members, (ii) the member with the most seniority in terms of service as Secretary shall be the chairman, and (iii) in the event that the head of a cabinet department serving as a member of this Commission under subparagraph (A) is replaced, and that Cabinet Secretary was serving as a voting member of the Commission or as the Chairman of the Commission, the incoming Secretary shall assume such a role on the Commission without regard to the seniority criteria established under this subparagraph. (3) Appointed members (A) Congressional appointments The Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate shall each appoint 2 members, who shall each be experts in the subject matter of the Commission. (B) Governors (i) In general The President shall appoint 3 State governors, of whom— (I) no more than 1 shall represent the same political party represented by the President, (II) 1 shall be a governor of a State which is ranked in the top third on the list of benefit providers established under clause (ii), (III) 1 shall be a governor of a State which is ranked in the middle third on the list of benefit providers established under clause (ii), and (IV) at least 1 shall be a governor of a State which is ranked in the lowest third on the list of benefit providers established under clause (ii). (ii) Ranking of States The members of the Commission described in paragraph (2)(A) shall establish a list ranking of States from highest benefit providers to lowest benefit providers based on the following: (I) The level of benefits provided in the State under the Temporary Assistance to Needy Families under title IV of the Social Security Act. (II) The average fair-market value of rental housing in the State. (III) The State share of assistance provided under a State plan under the Medicaid program under title XIX of the Social Security Act and a State child health plan under the State Children's Health Insurance Program under title XXI of such Act. (C) Date for original appointment The appointing authorities described in paragraph (1) shall appoint the initial members of the Commission not later than 30 days after the date of enactment of this Act. (D) Terms of appointment The term of any appointment shall be for the life of the Commission. (4) Designees A member of the Commission serving under paragraph (2), appointed under paragraph (2)(B), or appointed under paragraph (3) may appoint a designee to serve on the Commission in such member’s place. (5) Meetings The chairman shall call the first meeting of the Commission. Thereafter, the Commission shall meet at the call of its chairman or a majority of its members. (6) Quorum A quorum shall consist of 9 voting members of the Commission. (7) Vacancies A vacancy on the Commission shall be filled in the same manner in which the original appointment was made, not later than 30 days after the Commission is given notice of the vacancy, and shall not affect the power of the remaining members to execute the duties of the Commission. (8) Compensation Members of the Commission shall receive no additional pay, allowances, or benefits by reason of their service on the Commission. (9) Expenses Each member of the Commission shall receive travel expenses and per diem in lieu of subsistence in accordance with sections 5702 and 5703 of title 5, United States Code. (d) Commission staff (1) Appointment and compensation The chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees (A) In general The executive director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission Subparagraph (A) shall not be construed to apply to members of the Commission. (C) Detailees Any Federal Government employee detailed to the Commission shall retain the rights, status, and privileges of his or her regular employment without interruption. (D) Expert and consultant services The Commission is authorized to procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (E) Volunteer services Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. (e) Powers of commission (1) Hearings and other activities For the purpose of carrying out its duties, the Commission may hold such hearings and undertake such other activities as the Commission determines to be necessary to carry out its duties. (2) Detail of Federal employees Upon the request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (3) Contracting The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. (4) Technical assistance Upon the request of the Commission, the head of a Federal agency shall provide such technical assistance to the Commission as the Commission determines to be necessary to carry out its duties. (5) Use of mails The Commission may use the United States mails in the same manner and under the same conditions as Federal agencies and shall, for purposes of the frank, be considered a commission of Congress as described in section 3215 of title 39, United States Code. (6) Information from federal agencies (A) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the government, information, suggestions, estimates, and statistics for the purposes of this title. Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (B) Receipt, handling, storage, and dissemination Information shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders. (7) Administrative support services Upon the request of the Commission, the Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (8) Printing For purposes of costs relating to printing and binding, including the cost of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of the Congress. (f) Termination The Commission shall terminate 30 days after the date of submission of the report required in subsection (b). (g) Limitations on authorization of appropriations There are authorized to be appropriated $1,500,000 to carry out this section. Any amount appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended.

https://www.govinfo.gov/content/pkg/BILLS-113hr2470ih/xml/BILLS-113hr2470ih.xml

113-hr-2471

I 113th CONGRESS 1st Session H. R. 2471 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Poe of Texas (for himself and Mr. Hall ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Department of Energy Organization Act to transfer regulatory authority over exports of natural gas from the Secretary of Energy to the Federal Energy Regulatory Commission, and for other purposes. 1. Short title This Act may be cited as the Expedite Our Economy Act of 2013 . 2. Jurisdiction of the Federal Energy Regulatory Commission (a) Transfer of functions Section 402(a)(1) of the Department of Energy Organization Act ( 42 U.S.C. 7172(a)(1) ) is amended— (1) in subparagraph (E), by striking ; and and inserting a semicolon; (2) in subparagraph (F), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (G) the regulation of the exportation of natural gas under section 3 of the Natural Gas Act. . (b) Conforming amendment Section 402(f) of the Department of Energy Organization Act ( 42 U.S.C. 7172(f) ) is amended by striking the exports or imports of natural gas or electricity and inserting the imports of natural gas, or the exports or imports of electricity, . 3. Report on global exports of natural gas production Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The economic policies of foreign countries with natural gas resources and reserves as such policies relate to the development and production of their natural gas resources and reserves and the extent and status of their natural gas resources and reserves. (2) The potential to export the natural gas production of such foreign countries to the global market and the impact of the export of such natural gas production on the global market. (3) A description of actions taken by the United States Government to foster natural gas exports to foreign countries that may have an interest in importing natural gas from the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2471ih/xml/BILLS-113hr2471ih.xml

113-hr-2472

I 113th CONGRESS 1st Session H. R. 2472 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Price of Georgia (for himself, Mr. Bentivolio , Mr. Bishop of Utah , Mrs. Blackburn , Mr. Franks of Arizona , Mr. Kingston , Mr. Pitts , Mr. Westmoreland , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 National Labor Relations Act and the Railway Labor Act to prohibit the preemption of State stalking laws. 1. National Labor Relations Act The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended by adding at the end the following new section: 20. Nothing in this Act shall be construed to preempt a law of any State, Territory, or the District of Columbia that prohibits, criminalizes, or creates a civil cause of action for stalking, cyberstalking, or harassment. . 2. Railway Labor Act Title I of the Railway Labor Act ( 45 U.S.C. 151 et seq. ) is amended by adding at the end the following new section: 16. Conflicts with State stalking laws Nothing in this Act shall be construed to preempt a law of any State, Territory, or the District of Columbia that prohibits, criminalizes, or creates a civil cause of action for stalking, cyberstalking, or harassment. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2472ih/xml/BILLS-113hr2472ih.xml

113-hr-2473

I 113th CONGRESS 1st Session H. R. 2473 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Price of Georgia (for himself, Mr. Bentivolio , Mr. Bishop of Utah , Mrs. Blackburn , Mr. Franks of Arizona , Mr. Kingston , Mr. Pitts , Mr. Westmoreland , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 National Labor Relations Act and the Railway Labor Act to prohibit the preemption of State identity theft laws. 1. National Labor Relations Act The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) is amended by adding at the end the following new section: 20. Nothing in this Act shall be construed to preempt a law of any State, Territory, or the District of Columbia that prohibits, criminalizes, or creates a civil cause of action for identity theft or the release of an individual’s personally identifiable information. . 2. Railway Labor Act Title I of the Railway Labor Act ( 45 U.S.C. 151 et seq. ) is amended by adding at the end the following new section: 16. Conflicts with State identity theft laws Nothing in this Act shall be construed to preempt a law of any State, Territory, or the District of Columbia that prohibits, criminalizes, or creates a civil cause of action for identity theft or the release of an individual’s personally identifiable information. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2473ih/xml/BILLS-113hr2473ih.xml

113-hr-2474

I 113th CONGRESS 1st Session H. R. 2474 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Richmond (for himself, Ms. Brown of Florida , Ms. Jackson Lee , Mr. Payne , Mr. Cárdenas , Mr. Rush , Mr. Carson of Indiana , Mr. Enyart , Mr. Thompson of Mississippi , Ms. Chu , Mr. Clay , Mr. Lewis , and Ms. Clarke ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Small Business and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To transfer funds to the Community Development Financial Institutions Fund to increase the availability of credit for small businesses, to improve the microenterprise technical assistance and capacity building grant program, to establish an Office of Youth Entrepreneurship in the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the Community Lending and Small Business Jobs Act of 2013 . I Small Business Leg-Up Act of 2013 101. Short title This title may be cited as the Small Business Lending to Entrepreneurs for Growth in Underserved Populations Act of 2013 or the Small Business Leg-Up Act of 2013 . 102. Findings The Congress finds the following: (1) Families and small businesses in under-served areas have for generations been unable to access affordable credit. (2) The financial crisis of 2008 only served to exacerbate efforts by entrepreneurs to access capital for the purpose of creating jobs and improving economic outcomes in the community. (3) Small business investments revitalize communities by creating jobs but also contributing to the local tax base, which helps finance investments in schools, hospitals, infrastructure, and public safety. (4) The Community Development Financial Institutions Fund is well placed to make careful, targeted investments in community development financial institutions for the purposes of improving economic outcomes for underserved families across America. (5) Providing the Community Development Financial Institutions Fund with a robust capital infusion will make efficient use of taxpayer dollars, by leveraging Federal investment for the purpose of small business lending. 103. Transfer of Funds from Small Business Lending Fund to the CDFI Fund (a) Unobligated funds On the date of the expiration of the investment authority described under section 4109(a) of the Small Business Jobs Act of 2010, the Secretary shall transfer all unobligated funds in the Small Business Lending Fund to the Community Development Financial Institutions Fund. (b) Proceeds Section 4103(b)(3) of the Small Business Jobs Act of 2010 is amended to read as follows: (3) Proceeds transferred to CDFI Fund All funds received by the Secretary in connection with purchases made pursuant to paragraph (1), including principal, interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be transferred to the Community Development Financial Institutions Fund. . 104. Small Business Capital Investment Program (a) In general The Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after section 108 the following: 108A. Small Business Capital Investment Program to increase credit availability for small businesses (a) Small Business Revolving Loan Program (1) In general Using amounts described under subsection (b), the Administrator shall carry out a Small Business Capital Investment Program ( Program ) to make capital investments in eligible community development financial institutions in order to increase the availability of credit for small businesses. (2) Structure of the Program To the extent practicable, the Administrator shall carry out the Program in the same manner as the Small Business Lending Fund Program authorized under section 4103(a)(2) of the Small Business Jobs Act of 2010, except that— (A) all funds received by the Administrator in connection with purchases made under the Program, including principal, interest payments, dividend payments, and proceeds from the sale of any financial instrument, shall be deposited into the Fund; (B) eligible community development financial institutions may apply to receive a capital investment from the Fund in an amount not exceeding 10 percent of total assets, or such other percentage as the Administrator determines to be appropriate; and (C) the authority to make capital investments in eligible community development financial institutions shall continue so long as amounts described under subsection (b) are available to make such investments. (b) Funding (1) In general Notwithstanding any other provision of this Act, amounts deposited into the Fund pursuant to section 4(a) of the Small Business Leg-Up Act of 2013, section 4103(b)(3) of the Small Business Jobs Act of 2010, or subsection (a)(2)(A) shall only be available to carry out the Program established under subsection (a). (2) Administration costs Interest payments received under subsection (a)(2)(A) may be used to pay for the administrative costs of carrying out the Program. (3) Authorization of appropriations There is authorized to be appropriated to the Administrator $4,000,000 to carry out the Program. (c) Rulemaking The Administrator may issue such regulations as the Administrator determines to be appropriate to carry out this section. (d) Eligible community development financial institution defined For purposes of this section, the term eligible community development financial institution means a community development financial institution with assets of $10,000,000,000 or less, as reported in audited financial statements. . (b) Technical amendment The table of contents for the Riegle Community Development and Regulatory Improvement Act of 1994 is amended by inserting after the item relating to section 108 the following new item: Sec. 108A. Small Business Capital Investment Program to increase credit availability for small businesses. . II Microenterprise and Youth Entrepreneurship Development Act of 2013 201. Short title This title may be cited as the Microenterprise and Youth Entrepreneurship Development Act of 2013 . 202. Microenterprise Technical Assistance and Capacity Building Program (a) Definitions Section 172(5) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 15 U.S.C. 6901(5) ) is amended— (1) in subparagraph (B) by striking or at the end; (2) in subparagraph (C) by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (D) an entrepreneur that operates a business or intends to operate a business in an investment area (as such term is defined in section 103(16) of this Act). . (b) Uses of assistance Section 174 of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6903) is amended— (1) in paragraph (3) by striking and at the end; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following: (4) to advertise in print, electronic, and other media the training and technical assistance provided under paragraph (1); and . (c) Targeted assistance Section 176(b) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6905(b)) is amended by striking 50 percent and inserting 60 percent . (d) Matching requirements Section 177(c) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6906(c)) is amended by adding at the end the following: (3) Consideration In determining whether to reduce or eliminate matching requirements under paragraph (1), the Administrator shall consider the impact of the economic crisis of 2007 through 2009 on the geographic area in which an applicant operates. . (e) Report Not later than 180 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report describing recommendations for improving the application and grant making process of the microenterprise technical assistance and capacity building grant program (carried out under subtitle C of title I of the Riegle Community Development and Regulatory Improvement Act of 1994), including recommendations, developed in consultation with stakeholders, for streamlining the application and grant making process of that program. (f) Microenterprise coordinator (1) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator shall establish in the Small Business Administration the position of Microenterprise Coordinator. (2) Duties The Microenterprise Coordinator shall— (A) work to ensure that the contributions of microenterprises to the economy are maximized; (B) work to enhance, support, and coordinate the programs of the Federal Government providing assistance to microenterprises, including Federal technical assistance programs; (C) work to ensure that underserved entrepreneurs are included in the programs of the Federal Government providing assistance to microenterprises; (D) make available to the public annually a comprehensive list and description of each Federal program that provides assistance to microenterprises; and (E) encourage public-private partnerships that support entrepreneurship. (3) Microenterprise defined In this subsection, the term microenterprise has the meaning given that term in section 172(10) of the Riegle Community Development and Regulatory Improvement Act of 1994 (15 U.S.C. 6901(10)). 203. Office of Youth Entrepreneurship (a) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator of the Small Business Administration shall establish an Office of Youth Entrepreneurship (in this section referred to as the Office ) in the Small Business Administration. (b) Director The Administrator shall appoint a Director of Youth Entrepreneurship (in this section referred to as the Director ) to serve as the head of the Office. (c) Duties The Director shall— (1) carry out the youth entrepreneurship technical assistance grant program described in subsection (d); (2) carry out the youth entrepreneurship curriculum grant program described in subsection (e); (3) promote the growth of youth entrepreneurship by establishing public-private partnerships and carrying out advertising campaigns; (4) sponsor and support State and national youth entrepreneurship competitions that raise awareness of the importance of small business development; (5) study and promote Federal activities that support entrepreneurship education; and (6) support the establishment of public and private youth entrepreneurship education and mentoring opportunities. (d) Youth entrepreneurship technical assistance grant program The Director shall establish a program under which the Director may make grants to assist entities, including nonprofit microenterprise development organizations, to provide individuals under 25 years of age with technical assistance related to entrepreneurship. (e) Youth entrepreneurship curriculum grant program (1) In general The Director shall establish a program under which the Director may make grants to a covered entity to assist the development, improvement, or implementation of a youth entrepreneurship curriculum that includes information on the topics of— (A) securing capital and borrowing; (B) business plan conception and drafting; (C) accounting; (D) management; and (E) marketing. (2) Application process To be eligible for a grant described in paragraph (1), a covered entity shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require, except that the application shall include at least— (A) a description of the curriculum to be developed, improved, or implemented; (B) a description of how grant funds will be used; (C) a description of goals relating to the use of grant funds and the curriculum to be developed, improved, or implemented; and (D) a description of how progress will be measured with respect to the goals described in subparagraph (C). (3) Covered entity defined In this subsection, the term covered entity means a local educational agency in any of the several States, the District of Columbia, or a territory or possession of the United States and a local educational agency of a federally recognized Indian tribe. (f) Investment areas (1) In general The Director shall ensure that at least 25 percent of the amounts made available to carry out the Office each fiscal year are used to assist youth in investment areas. (2) Investment area defined In this subsection, the term investment area has the meaning given that term in section 103(16) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(16)). (g) Student loan assistance Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary of Education, shall submit to Congress a report that includes detailed recommendations for legislation— (1) establishing a program to forgive student loans in a manner that assists youth entrepreneurship by making available capital for business formation; and (2) establishing a program to defer student loan repayments in a manner that assists youth entrepreneurship by making available capital for business formation. 204. GAO study and report (a) Study The Comptroller General of the United States shall conduct a study on— (1) the economic impact of allowing youth entrepreneurs to defer student loan repayments to make available capital for business formation; (2) the economic impact of increasing the participation of individuals under 25 years of age in the microloan program of the Small Business Administration (carried out under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m) ), notwithstanding the limited collateral and formal business experience of such individuals; (3) alternative methods for measuring creditworthiness that may assist youth entrepreneurship; and (4) actions Congress should consider to promote youth entrepreneurship. (b) Report Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the results of the study conducted under subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr2474ih/xml/BILLS-113hr2474ih.xml

113-hr-2475

I 113th CONGRESS 1st Session H. R. 2475 IN THE HOUSE OF REPRESENTATIVES June 20, 2013 Mr. Schiff (for himself, Mr. Rokita , Mr. Enyart , Mr. Holt , Ms. Speier , Mr. O’Rourke , Mr. Waxman , and Mr. Johnson of Georgia ) 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 Ending Secret Law Act . 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 Ending Secret Law Act 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 Ending Secret Law Act 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-113hr2475ih/xml/BILLS-113hr2475ih.xml

113-hr-2476

I 113th CONGRESS 1st Session H. R. 2476 IN THE HOUSE OF REPRESENTATIVES June 24, 2013 Mr. Hanna introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a $1,000 refundable credit for individuals who are bona fide volunteer members of volunteer firefighting and emergency medical service organizations. 1. Short title This Act may be cited as the Supporting Emergency Responders Volunteer Efforts Act of 2013 or the SERVE Act of 2013 . 2. Refundable credit for bona fide volunteer members of volunteer emergency response organizations (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 36C the following new section: 36D. Bona fide volunteer members of volunteer emergency response organizations (a) In general In the case of any individual who— (1) is a bona fide volunteer of a qualified volunteer emergency response organization, and (2) meets the requirements of subsection (b) for the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to $1,000. (b) Service requirements (1) In general An individual meets the requirements of this subsection for any taxable year if such individual— (A) has served as a bona fide volunteer performing qualified services for the qualified volunteer emergency response organization for more than 6 months in such taxable year, and (B) has provided more than 40 hours of such services— (i) actively engaged in the prevention, control, or extinguishment of fires or response to emergency situations where life, property, or the environment is at risk, or (ii) stationed at the premises of the qualified volunteer emergency response organization in anticipation of being so actively engaged. (2) Qualified services For purposes of this subsection— (A) In general The term qualified services means fire fighting and prevention services, emergency medical services, and ambulance services. (B) Training and certification requirements An individual shall not be treated as performing qualified services unless such individual meets all applicable training and certification requirements of the qualified volunteer emergency response organization for which such services are performed. (c) Definitions For purposes of this section— (1) Bona fide volunteer The term bona fide volunteer has the meaning given such term by section 457(e)(11)(B)(i). (2) Qualified volunteer emergency response organization The term qualified volunteer emergency response organization has the meaning given such term by section 139B(c)(3). . (b) Conforming amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36D, 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 36C the following new item: Sec. 36D. Bona fide volunteer members of volunteer emergency response organizations. . (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-113hr2476ih/xml/BILLS-113hr2476ih.xml

113-hr-2477

I 113th CONGRESS 1st Session H. R. 2477 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mrs. Capps (for herself and Mr. Boustany ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for coverage of cancer care planning and coordination under the Medicare program. 1. Short title (a) Short title This Act may be cited as the Planning Actively for Cancer Treatment (PACT) Act of 2013 . (b) Findings Congress makes the following findings: (1) Individuals with cancer often do not have access to a cancer care system that incorporates shared decision-making and the coordination of all elements of care. (2) The cancer care system has not traditionally offered individuals with cancer a shared decision-making process, a prospective and comprehensive plan for treatment, symptom management and supportive care, strategies for updating and evaluating such plan with the assistance of a health care professional, and a follow-up plan for monitoring and treating possible late effects of cancer and its treatment. (3) Cancer survivors often experience the under-diagnosis and under-treatment of the symptoms of cancer, a problem that begins at the time of diagnosis and may become more severe with disease progression and at the end of life. The failure to treat the symptoms, side effects, and late effects of cancer and cancer treatment may have a serious adverse impact on the health, survival, well-being, and quality of life of cancer survivors. (4) The 1999 Institute of Medicine report entitled The Unequal Burden of Cancer found that low-income people often lack access to adequate cancer care and that ethnic minorities have not benefitted fully from cancer treatment advances. (5) Individuals with cancer often do not participate in a shared decision-making process that considers all treatment options and do not benefit from coordination of all elements of active treatment and palliative care. (6) Quality cancer care should incorporate access to psychosocial services and management of the symptoms of cancer and the symptoms of cancer treatment, including pain, nausea, vomiting, fatigue, and depression. (7) Quality cancer care should include a means for engaging cancer survivors in a shared decision-making process that produces a comprehensive care summary and a plan for follow-up care after primary treatment to ensure that cancer survivors have access to follow-up monitoring and treatment of possible late effects of cancer and cancer treatment, including appropriate psychosocial services. (8) The Institute of Medicine report entitled Ensuring Quality Cancer Care described the elements of quality care for an individual with cancer to include— (A) the development of initial treatment recommendations by an experienced health care provider; (B) the development of a plan for the course of treatment of the individual and communication of the plan to the individual; (C) access to the resources necessary to implement the course of treatment; (D) access to high-quality clinical trials; (E) a mechanism to coordinate services for the treatment of the individual; and (F) psychosocial support services and compassionate care for the individual. (9) In its report From Cancer Patient to Cancer Survivor: Lost in Transition , the Institute of Medicine recommended that individuals with cancer completing primary treatment be provided a comprehensive summary of their care along with a follow-up survivorship plan of treatment. (10) In Cancer Care for the Whole Patient , the Institute of Medicine stated that the development of a plan that includes biomedical and psychosocial care should be a standard for quality cancer care in any quality measurement system. (11) Because more than half of all cancer diagnoses occur among elderly Medicare beneficiaries, cancer care inadequacies should be addressed through the Medicare program. (12) Shortcomings in providing cancer care, resulting in a lack of shared decision-making, inadequate management of cancer symptoms, and insufficient monitoring and treatment of late effects of cancer and its treatment, relate in part to the inadequacy of Medicare payments for such planning and coordination services. (13) Changes in Medicare payment for cancer care planning and coordination will support shared decision-making that reviews all treatment options and will contribute to improved care for individuals with cancer from the time of diagnosis through the end of the life. 2. Coverage of cancer care planning and coordination services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (EE); (B) by adding and at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: (GG) cancer care planning and coordination services (as defined in subsection (iii)) ; and (2) by adding at the end the following new subsection: (iii) Cancer Care Planning and Coordination Services (1) The term cancer care planning and coordination services means— (A) with respect to an individual who is diagnosed with cancer, the development of a treatment plan by a physician, nurse practitioner, or physician assistant that— (i) includes an assessment of the individual’s diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; (ii) engages the individual in a shared decision-making process that reviews all treatment options; (iii) details, to the greatest extent practicable all aspects of the care to be provided to the individual with respect to the treatment of such cancer, including any curative treatment, comprehensive symptom management, and palliative care; (iv) is furnished in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the date on which the individual is so diagnosed; (v) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and (vi) is in accordance with standards determined by the Secretary to be appropriate; (B) with respect to an individual for whom a treatment plan has been developed under subparagraph (A), the revision of such treatment plan as necessary to account for any substantial change in the condition of the individual, recurrence of disease, changes in the individual’s treatment preferences, or significant revision of the elements of curative care or symptom management for the individual, if such revision— (i) is in accordance with clauses (i), (ii), (iv) and (v) of such subparagraph; and (ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision; (C) with respect to an individual who has completed the primary treatment for cancer, as defined by the Secretary, the development of a follow-up survivorship care plan that— (i) includes an assessment of the individual’s diagnosis, health status, treatment needs, functional status, pain control, and psychosocial needs; (ii) engages the individual in a shared decision-making process that reviews all survivorship care options; (iii) describes the elements of the primary treatment, including symptom management and palliative care, furnished to such individual; (iv) provides recommendations for the subsequent care of the individual with respect to the cancer involved; (v) is furnished, in person, in written form, to the individual within a period specified by the Secretary that is as soon as practicable after the completion of such primary treatment; (vi) is furnished, to the greatest extent practicable, in a form that appropriately takes into account cultural and linguistic needs of the individual in order to make the plan accessible to the individual; and (vii) is in accordance with standards determined by the Secretary to be appropriate; and (D) with respect to an individual for whom a follow-up cancer care plan has been developed under subparagraph (C), the revision of such plan as necessary to account for any substantial change in the condition of the individual, diagnosis of a second cancer, change in the individual’s preference for survivorship care, or significant revision of the plan for follow-up care, if such revision— (i) is in accordance with clauses (i), (ii), (iii), (v), and (vi) of such subparagraph; and (ii) is furnished in written form to the individual within a period specified by the Secretary that is as soon as practicable after the date of such revision. (2) The Secretary shall establish standards to carry out paragraph (1) in consultation with appropriate organizations representing suppliers and providers of services related to cancer treatment and organizations representing survivors of cancer. Such standards shall include standards for determining the need and frequency for revisions of the treatment plans and follow-up survivorship care plans based on changes in the condition of the individual or elements and intent of treatment and standards for the communication of the plan to the individual. (3) In this subsection, the term shared decision-making process means, with respect to an individual, a process in which the individual and the individual’s health care providers consider the individual’s diagnosis, treatment options, the medical evidence related to treatment options, the risks and benefits of all treatment options, and the individual’s preferences regarding treatment, and then jointly develop and implement a treatment plan. . (b) Payment under physician fee schedule (1) In general Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w–4(j)(3)) is amended by inserting (GG), after health risk assessment), . (2) Initial rates Unless the Secretary of Health and Human Services otherwise provides, the payment rate specified under the physician fee schedule under the amendment made by paragraph (1) for cancer care planning and coordination services shall be the same payment rate as provided for transitional care management services (as defined in CPT code 99496). (c) Effective date The amendments made by this section shall apply to services furnished on or after the first day of the first calendar year that begins after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2477ih/xml/BILLS-113hr2477ih.xml

113-hr-2478

I 113th CONGRESS 1st Session H. R. 2478 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Conaway (for himself, Mr. Cuellar , Mr. Flores , Mr. Hensarling , Mr. Gene Green of Texas , Mr. Gingrey of Georgia , Mrs. Lummis , Mr. Matheson , and Mr. Rahall ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To repeal a limitation on Federal procurement of certain fuels. 1. Short title This Act may be cited as the Section 526 Repeal Act . 2. Repeal Section 526 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17142 ) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2478ih/xml/BILLS-113hr2478ih.xml

113-hr-2479

I 113th CONGRESS 1st Session H. R. 2479 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Nadler (for himself, Mr. Conyers , Mr. Polis , Mr. Israel , Mr. Johnson of Georgia , Ms. Chu , Mr. Grijalva , Mr. Jeffries , Mr. Blumenauer , Mr. Pocan , Mr. Cicilline , Ms. DelBene , and Mr. Takano ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Fair Housing Act, and for other purposes. 1. Short title This Act may be cited as the Housing Opportunities Made Equal Act of 2013 or the HOME Act of 2013 . 2. Amending the Fair Housing Act to prohibit certain discrimination (a) In general (1) Section 804 of the Fair Housing Act ( 42 U.S.C. 3604 ) is amended— (A) by inserting actual or perceived before race, color each place that term appears; and (B) by inserting sexual orientation, gender identity, marital status, source of income, after sex, each place that term appears. (2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended— (A) by inserting actual or perceived before race, color each place that term appears; and (B) by inserting sexual orientation, gender identity, marital status, source of income, after sex, each place that term appears. (3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended— (A) by inserting actual or perceived before race, color ; and (B) by inserting sexual orientation, gender identity, marital status, source of income, after sex, . (b) Prevention of intimidation Section 901 of the Civil Rights Act of 1968 ( 42 U.S.C. 3631 ) is amended— (1) by inserting actual or perceived before race, color each place that term appears; and (2) by inserting sexual orientation (as defined in section 802), gender identity (as so defined), marital status (as so defined), source of income (as so defined) after sex, each place that term appears. (c) Definitions Section 802 of the Fair Housing Act ( 42 U.S.C. 3602 ) is amended by adding at the end the following: (p) 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. (q) Marital status has the same meaning given that term for purposes of the Equal Credit Opportunity Act. (r) Sexual orientation means homosexuality, heterosexuality, or bisexuality. (s) Source of income means the receipt of Federal, State, or local public assistance including medical assistance, or the receipt by a tenant or applicant of Federal, State, or local housing subsidies, including rental assistance under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ) or other rental assistance or rental supplements. . 3. Amending the Fair Housing Act to extend the definition of discriminatory housing practice Section 802(f) of the Fair Housing Act ( 42 U.S.C. 3602(f) ) is amended to read as follows: (f) Discriminatory housing practice means an act that is unlawful under section 804, 805, 806, or 818 of this title, whether occurring pre- or post-acquisition, and also includes a failure to comply with section 808(e)(5) of this title or a regulation issued to carry out section 808(e)(5). . 4. Amending the Fair Housing Act definition of familial status Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is amended to read as follows: (k) Familial status means one or more individuals (who have not attained the age of 18 years) residing with— (1) a parent, foster parent, or another person having legal or lawful physical custody of such individual or individuals; or (2) anyone standing in loco parentis of such individual or individuals. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or in the process of securing legal custody of an individual who has not attained the age of 18 years. . 5. Amending the Fair Housing Act and the Equal Credit Opportunity Act to provide the Department of Justice with pre-litigation subpoena power (a) Equal Credit Opportunity Act Section 706(h) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691e(h) ) is amended— (1) by striking When a and inserting the following: (1) In general When a ; and (2) by adding at the end the following: (2) Pre-litigation subpoena power If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil action under paragraph (1), issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 of title 31, United States Code, except that the provisions of that section relating to qui tam relators shall not apply. . (b) Fair Housing Act Section 814(c) of the Fair Housing Act ( 42 U.S.C. 3614(c) ) is amended— (1) by striking The Attorney General and inserting the following: (1) In general The Attorney General ; and (2) by adding at the end the following: (2) Civil investigative demands If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil proceeding under this subsection, issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 of title 31, United States Code, except that the provisions of that section relating to qui tam relators shall not apply. . 6. Freedom from discrimination in credit (a) Prohibition against discrimination on account of sexual orientation or gender identity Section 701(a)(1) of the Equal Credit Opportunity Act ( 15 U.S.C. 1691(a)(1) ) is amended— (1) by inserting actual or perceived before race, color ; and (2) by striking sex or and inserting sex, sexual orientation, gender identity, . (b) Definitions Section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a ) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (i), respectively; (2) by inserting after subsection (e) the following: (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. ; and (3) by inserting after subsection (g), as so redesignated, the following: (h) The term sexual orientation means homosexuality, heterosexuality, or bisexuality. . 7. Amending the Fair Housing Act so that discrimination in real estate-related transactions includes the failure to make reasonable accommodations for people with disabilities Section 805(a) of the Fair Housing Act ( 42 U.S.C. 3605(a) ) is amended by adding at the end the following: For the purposes of this section, discrimination against a person because of handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such person. . 8. Amending the Fair Housing Act to change certain limitations on filing complaints and commencing civil actions (a) Section 810 Section 810(a)(1)(A)(i) of the Fair Housing Act ( 42 U.S.C. 3610(a)(1)(A)(i) ) is amended by inserting after the first sentence the following: The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section. . (b) Section 813 Section 813(a)(1)(A) of the Fair Housing Act ( 42 U.S.C. 3613(a)(1)(A) ) is amended by adding at the end the following: The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2479ih/xml/BILLS-113hr2479ih.xml

113-hr-2480

I 113th CONGRESS 1st Session H. R. 2480 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Conyers (for himself and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Energy and Commerce and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Labor to issue an occupational safety and health standard to reduce injuries to patients, nurses, and all other health care workers by establishing a safe patient handling, mobility, and injury prevention standard, and for other purposes. 1. Short title; findings; table of contents (a) Short Title This Act may be cited as the Nurse and Health Care Worker Protection Act of 2013 . (b) Findings Congress finds the following: (1) In 2011, registered nurses ranked fifth among all occupations for the number of cases of musculoskeletal disorders resulting in days away from work, with 11,880 total cases. In 2011, nursing assistants reported 25,010 cases—the highest of all occupations. The leading cause of these health care employees’ injuries is patient lifting, transferring, and repositioning injuries, which constitute a significant risk to the health and welfare of those employees. (2) The physical demands of the nursing profession lead many nurses to leave the profession. Fifty-two percent of nurses complain of chronic back pain and 38 percent suffer from pain severe enough to require leave from work. Many nurses and other health care workers suffering back injury do not return to work. These consequences constitute a material impairment of health for these employees. (3) Patients are not at optimum levels of safety while being lifted, transferred, or repositioned manually. Mechanical and other appropriate lift programs can substantially reduce skin tears and pressure ulcers suffered by patients and the frequency of patients being dropped, thus allowing patients a safer means to progress through their care. (4) The development of assistive patient handling technology, equipment, and devices has essentially rendered the act of strict manual patient handling outdated and typically unnecessary as a function of nursing care. (5) A growing number of health care facilities that have incorporated patient handling technology and practices have reported positive results. Injuries among nursing staff and health care workers have dramatically declined at health care facilities implementing safe patient handling technology, equipment, devices, and practices. As a result, the number of lost work days due to injury and staff turnover has declined. Studies have also shown that assistive patient handling technology successfully reduces workers’ compensation costs for musculoskeletal disorders. (6) A number of States have implemented safe patient handling, mobility and injury prevention standards. The success of these programs at the facility and State level demonstrates the feasibility of such standards. (7) Establishing a safe patient handling, mobility, and injury prevention standard for direct-care registered nurses and other health care workers is a critical component reasonably necessary for protecting the health and safety of nurses and other health care workers, addressing the nursing shortage, and increasing patient safety. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; findings; table of contents. Sec. 2. Safe patient handling, mobility, and injury prevention standard. Sec. 3. Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds. Sec. 4. Nonpreemption. Sec. 5. Definitions. 2. Safe patient handling, mobility, and injury prevention standard (a) Rulemaking Notwithstanding any other provision of law, not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ), promulgate an interim final standard on safe patient handling, mobility, and injury prevention (in this section such standard is referred to as the safe patient handling, mobility, and injury prevention standard ) to prevent musculoskeletal disorders for direct-care registered nurses and all other health care workers handling patients. A final safe patient handling, mobility, and injury prevention standard shall be promulgated not later than 2 years after the date of enactment of this Act. (b) Requirements The safe patient handling, mobility, and injury prevention standard shall require the use of engineering and safety controls to perform handling of patients and the elimination of injuries from manual handling of patients by direct-care registered nurses and all other health care workers, through the development of a comprehensive program, to include the use of mechanical technology and devices to the greatest degree feasible. Where the use of mechanical technology and devices is not feasible, the standards shall require the use of alternative controls and measures, including trained, designated lift teams, to minimize the risk of injury to nurses and health care workers resulting from the manual handling of patients. The standard shall apply to all health care employers, shall generally align with interprofessional national safe patient handling, mobility, and injury prevention standards, and shall include the following: (1) Program development A requirement that each health care employer shall develop and implement a safe patient handling, mobility, and injury prevention program within 6 months of the date of promulgation of the final standard, which program shall include hazard identification, risk assessments, and control measures in relation to patient care duties and patient handling. (2) Technology and equipment purchase and management A requirement that, within 2 years of the date of promulgation of the final standard, each health care employer shall purchase, use, maintain, and make accessible to health care workers, such safe patient handling equipment, technology, and accessories as the Secretary determines appropriate. (3) Health care worker participation A requirement that each health care employer shall obtain input from health care workers, to include direct care registered nurses, health care workers, their representatives, and their collective bargaining agents, in developing and implementing the safe patient handling, mobility, and injury prevention program, including the purchase of technology and equipment and necessary accessories. (4) Data tracking and review A requirement that each health care employer shall establish a review program to analyze data relevant to the implementation of the employers’ safe patient handling, mobility, and injury prevention program, and shall account for circumstances where safe patient handling technology and equipment, or trained, designated lift teams, were not utilized in accordance with the health care employers safe patient handling, mobility, and injury prevention standard. Each health care employer shall upon request, make available their findings and data used in such review, to health care workers, their representatives, their collective bargaining agents, and the Secretary or other Federal agency. (5) Incorporation of Technology into Facilities A requirement that each health care employer shall consider the feasibility of incorporating safe patient handling technology as part of process of new facility design and construction, or facility remodeling. (6) Education and training A requirement that each health care employer shall train health care workers on safe patient handling, mobility, and injury prevention policies, technology, equipment, and devices, initially, and on a continuing annual basis, and as necessary. Such training shall prepare health care workers, including designated lift teams, to identify, assess, and control musculoskeletal hazards of a general nature, and those specific to particular patient care areas, and shall be conducted by an individual with knowledge in the subject matter, and delivered, at least in part, in an interactive simulated point-of-care training and hands-on format that reflects the specific demands of a health care workers’ duties. (7) Notice of safe patient handling and rights under this Act A requirement that each health care employer shall post a uniform notice in a form specified by the Secretary that— (A) explains the safe patient handling, mobility, and injury prevention standard; (B) includes information regarding safe patient handling, mobility, and injury prevention policies and training; (C) explains procedures to report patient handling-related injuries; and (D) explains health care workers’ rights under this Act. (8) Annual evaluation A requirement that each health care employer shall conduct an annual written evaluation of the implementation of the safe patient handling, mobility, and injury prevention program, including handling procedures, selection of technology, equipment, and engineering controls, assessment of injuries, and new safe patient handling, mobility, and injury prevention technology and devices that have been developed. The evaluation shall be conducted with the involvement of nurses, other health care workers, their representatives, and their collective bargaining agents, and their input shall be documented in the evaluation. Health care employers shall take corrective action as recommended in the written evaluation. (9) Right to Refuse Unsafe Assignment A requirement that each health care employer shall provide procedures under which a health care worker or employee may refuse to perform the employee’s duties if the employee has a reasonable apprehension that performing such duties would violate the safe patient handling, mobility, and injury prevention standard, and would result in injury or impairment of health to the health care worker, other health care workers, or patients. Where practicable, the health care worker must have communicated the health or safety concern to the health care employer and have not been able to obtain a correction of the violation. (c) Inspections The Secretary of Labor shall conduct unscheduled inspections under section 8 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 657 ) to ensure implementation of and compliance with the safe patient handling, mobility, and injury prevention standard. 3. Application of safe patient handling, mobility, and injury prevention standard to facilities receiving Medicare and Medicaid funds (a) In general Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended— (1) in subsection (a)(1)(V), by inserting and safe patient handling, mobility, and injury prevention standard (as initially promulgated under section 2 of the Nurse and Health Care Worker Protection Act of 2009) before the period at the end; and (2) in subsection (b)(4)— (A) in subparagraph (A), inserting and the safe patient handling, mobility, and injury prevention standard after Bloodborne Pathogens standard ; and (B) in subparagraph (B), inserting or the safe patient handling, mobility, and injury prevention standard after Bloodborne Pathogens standard . (b) Effective date The amendments made by subsection (a) shall apply to health care facilities 1 year after date of issuance of the final safe patient handling, mobility, and injury prevention standard required under section 2. 4. Nonpreemption (a) Effect on other laws Nothing in this Act shall be construed to— (1) preempt any law, rule, or regulation of a State or political subdivision of a State, unless such law, rule, or regulation is in conflict with this Act or a regulation or order issued under this Act; or (2) impair or diminish in any way the authority of any State to enact and enforce any law which provides equivalent or greater protections for employees engaging in conduct protected under this Act. (b) Rights Retained by Health Care Workers Nothing in this Act shall be construed to diminish the rights, privileges, or remedies of any health care worker or employee under any Federal or State law, or under any collective bargaining agreement. 5. Definitions For purposes of this Act: (1) Direct-care registered nurse The term direct-care registered nurse means an individual who has been granted a license by at least one State to practice as a registered nurse and who provides bedside care or outpatient services for one or more patients or residents. (2) Employee The term employee means any individual employed by a health care employer, to include health care workers, as well as employees who do not qualify as health care workers, including independent contractors. (3) Employment The term employment includes the provision of services under a contract or other arrangement. (4) Handling The term handling includes actions such as lifting, transferring, repositioning, mobilizing, moving, or any other action involving the physical movement, manipulation, or support of a patient by a health care worker, or any direct patient care action which presents a risk of musculoskeletal injury. (5) Health care employer The term health care employer means an outpatient health care facility, hospital, nursing home, home health care agency, social assistance facility or program, hospice, federally qualified health center, nurse managed health center, rural health clinic, or any similar health care facility that employs direct-care registered nurses or other health care workers. (6) Health care worker The term health care worker means an individual who has been assigned by a health care employer to engage in patient handling, including direct-care registered nurses, independent contractors, or individuals who perform the duties of health care workers. (7) Lift team The term lift team means health care workers with specialized training and knowledge of safe patient handling, mobility, and injury prevention practices and technology.

https://www.govinfo.gov/content/pkg/BILLS-113hr2480ih/xml/BILLS-113hr2480ih.xml

113-hr-2481

I 113th CONGRESS 1st Session H. R. 2481 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Flores introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to codify and improve the election requirements for the receipt of educational assistance under the Post-9/11 Educational Assistance program of the Department of Veterans Affairs. 1. Short title This Act may be cited as the Veterans G.I. Bill Enrollment Clarification Act of 2013 . 2. Recodification and improvement of election process for Post-9/11 Educational Assistance Program (a) In general Subchapter III of chapter 33 of title 38, United States Code, is amended by adding at the end the following new section: 3326. Election to receive educational assistance (a) Individuals eligible To elect participation in post-9/11 educational assistance An individual may elect to receive educational assistance under this chapter if such individual— (1) as of August 1, 2009— (A) is entitled to basic educational assistance under chapter 30 of the title and has used, but retains unused, entitlement under that chapter; (B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter; (C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter; (D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter; (E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or (F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and (2) as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter. (b) Cessation of contributions toward GI bill Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual. (c) Revocation of remaining transferred entitlement (1) Election to revoke If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. (2) Availability of revoked entitlement Any entitlement revoked by an individual under this paragraph shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section. (3) Availability of unrevoked entitlement Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title. (d) Post-9/11 educational assistance (1) In general Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable. (2) Limitation on entitlement for certain individuals In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter 33 shall be the number of months equal to— (A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus (B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1). (e) Continuing entitlement to educational assistance not available under 9/11 assistance program (1) In general In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter. (2) Charge for use of entitlement The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of one month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable). (f) Additional post-9/11 assistance for members having made contributions toward GI bill (1) Additional assistance In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter 33 as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to— (A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by (B) the fraction— (i) the numerator of which is— (I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus (II) the number of months, if any, of entitlement under such chapter 30 revoked by the individual under subsection (c)(1); and (ii) the denominator of which is 36 months. (2) Months of remaining entitlement for certain individuals In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months. (3) Timing of payment The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under subsections (b) through (g) of that section (as applicable), before the exhaustion of the individual’s entitlement to educational assistance under this chapter. (g) Continuing entitlement to additional assistance for critical skills or speciality and additional service An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election. (h) Alternative election by Secretary (1) In general In the case of an individual who submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual. (2) Notice If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual’s receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual’s behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible. (i) Irrevocability of elections An election under subsection (a) or (c)(1) is irrevocable. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 3326. Election to receive educational assistance. . (c) Conforming repeal Subsection (c) of section 5003 of the Post-9/11 Veterans Educational Assistance Act of 2008 ( Public Law 110–252 ; 38 U.S.C. 3301 note) is hereby repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2481ih/xml/BILLS-113hr2481ih.xml

113-hr-2482

I 113th CONGRESS 1st Session H. R. 2482 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Lewis (for himself, Mr. Nadler , Mr. Grijalva , Mr. Doggett , Mr. McGovern , Ms. Moore , Mr. Brady of Pennsylvania , and Mr. Yarmuth ) 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 that a deduction equal to fair market value shall be allowed for charitable contributions of literary, musical, artistic, or scholarly compositions created by the donor. 1. Short title This Act may be cited as the Artist-Museum Partnership Act of 2013 . 2. Charitable contributions of certain items created by the taxpayer (a) In general Subsection (e) of section 170 of the Internal Revenue Code of 1986 (relating to certain contributions of ordinary income and capital gain property) is amended by adding at the end the following new paragraph: (8) Special rule for certain contributions of literary, musical, or artistic compositions (A) In general In the case of a qualified artistic charitable contribution— (i) the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and (ii) no reduction in the amount of such contribution shall be made under paragraph (1). (B) Qualified artistic charitable contribution For purposes of this paragraph, the term qualified artistic charitable contribution means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if— (i) such property was created by the personal efforts of the taxpayer making such contribution no earlier than 18 months prior to such contribution, (ii) the taxpayer— (I) has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and (II) attaches to the taxpayer’s income tax return for the taxable year in which such contribution was made a copy of such appraisal, (iii) the donee is an organization described in subsection (b)(1)(A), (iv) the use of such property by the donee is related to the purpose or function constituting the basis for the donee’s exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)), (v) the taxpayer receives from the donee a written statement representing that the donee’s use of the property will be in accordance with the provisions of clause (iv), and (vi) the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been— (I) owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and (II) sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)). (C) Maximum dollar limitation; no carryover of increased deduction The increase in the deduction under this section by reason of this paragraph for any taxable year— (i) shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and (ii) shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d). (D) Artistic adjusted gross income For purposes of this paragraph, the term artistic adjusted gross income means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to— (i) income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and (ii) income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i). (E) Paragraph not to apply to certain contributions Subparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any Government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal. (F) Copyright treated as separate property for partial interest rule In the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3). . (b) Effective date The amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr2482ih/xml/BILLS-113hr2482ih.xml

113-hr-2483

I 113th CONGRESS 1st Session H. R. 2483 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Lewis (for himself, Ms. Lee of California , Mr. Johnson of Georgia , Mr. Holt , Mr. Clay , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To affirm the religious freedom of taxpayers who are conscientiously opposed to participation in war, to provide that the income, estate, or gift tax payments of such taxpayers be used for nonmilitary purposes, to create the Religious Freedom Peace Tax Fund to receive such tax payments, to improve revenue collection, and for other purposes. 1. Short title This Act may be cited as the Religious Freedom Peace Tax Fund Act of 2013 . 2. Findings Congress finds the following: (1) The free exercise of religion is an inalienable right, protected by the First Amendment of the United States Constitution. (2) Congress reaffirmed this right in the Religious Freedom Restoration Act of 1993, as amended in 1998, which prohibits the Federal Government from imposing a substantial burden on the free exercise of religion unless it demonstrates that a compelling government interest is achieved by the least restrictive means. (3) Many people immigrated to America (including members of the Quaker, Mennonite, and Church of the Brethren faiths) to escape persecution for their refusal to participate in warfare, yet during the First World War hundreds of conscientious objectors were imprisoned in America for their beliefs. Some died while incarcerated as a result of mistreatment. (4) During the Second World War, alternative civilian service was established in lieu of military service, by the Selective Training and Service Act of 1940, to accommodate a wide spectrum of religious beliefs and practices. Subsequent case law also has expanded these exemptions, and has described this policy as one of … long standing tradition in this country … affording the important value of reconciling individuality of belief with practical exigencies whenever possible. It dates back to colonial times and has been perpetuated in State and Federal conscription statutes, and has roots deeply embedded in history. (Welsh v. United States, 1970, Justice Harlan concurring). During and since the Second World War thousands of conscientious objectors provided essential staff for mental hospitals and volunteered as human test subjects for arduous medical experiments, and provided other service for the national health, safety and interest. (5) Conscientious objectors have sought alternative service for their tax payments since that time. They request legal relief from government seizure of their homes, livestock, automobiles, and other property; and from having bank accounts attached, wages garnished, fines imposed, and imprisonment threatened, to compel them to violate their personal and religious convictions. (6) Conscientious objection to participation in war in any form based upon moral, ethical, or religious beliefs is recognized in Federal law, with provision for alternative service; but no such provision exists for taxpayers who are conscientious objectors and who are compelled to participate in war through the payment of taxes to support military activities. (7) The Joint Committee on Taxation has certified that a tax trust fund, providing for conscientious objector taxpayers to pay their full taxes for non-military purposes, would increase Federal revenues. 3. Definitions (a) Designated conscientious objector For purposes of this Act, the term designated conscientious objector means a taxpayer who is opposed to participation in war in any form based upon the taxpayer’s sincerely held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act (50 U.S.C. App. 456(j))), and who has certified these beliefs in writing to the Secretary of the Treasury in such form and manner as the Secretary provides. (b) Military purpose For purposes of this Act, the term military purpose means any activity or program which any agency of the Government conducts, administers, or sponsors and which effects an augmentation of military forces or of defensive and offensive intelligence activities, or enhances the capability of any person or nation to wage war, including the appropriation of funds by the United States for— (1) the Department of Defense; (2) the intelligence community (as defined in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 104a(4) )); (3) the Selective Service System; (4) activities of the Department of Energy that have a military purpose; (5) activities of the National Aeronautics and Space Administration that have a military purpose; (6) foreign military aid; and (7) the training, supplying, or maintaining of military personnel, or the manufacture, construction, maintenance, or development of military weapons, installations, or strategies. 4. Religious Freedom Peace Tax Fund (a) Establishment The Secretary of the Treasury shall establish an account in the Treasury of the United States to be known as the Religious Freedom Peace Tax Fund , for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers who are designated conscientious objectors. The method of deposit shall be prescribed by the Secretary of the Treasury in a manner that minimizes the cost to the Treasury and does not impose an undue burden on such taxpayers. (b) Use of Religious Freedom Peace Tax Fund Monies deposited in the Religious Freedom Peace Tax Fund shall be allocated annually to any appropriation not for a military purpose. (c) Report The Secretary of the Treasury shall report to the Committees on Appropriations of the House of Representatives and the Senate each year on the total amount transferred into the Religious Freedom Peace Tax Fund during the preceding fiscal year and the purposes for which such amount was allocated in such preceding fiscal year. Such report shall be printed in the Congressional Record upon receipt by the Committees. The privacy of individuals using the Fund shall be protected. (d) Sense of Congress It is the sense of Congress that any increase in revenue to the Treasury resulting from the creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner consistent with the purposes of the Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr2483ih/xml/BILLS-113hr2483ih.xml

113-hr-2484

I 113th CONGRESS 1st Session H. R. 2484 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Bera of California (for himself and Mr. Meadows ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide incentives to physicians to practice in rural and medically underserved communities, and for other purposes. 1. Short title This Act may be cited as the Conrad State 30 and Physician Access Act . 2. Conrad State 30 Program Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416; 8 U.S.C. 1182 note) is amended by striking and before September 30, 2015 . 3. Retaining physicians who have practiced in medically underserved communities Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) (i) Alien physicians who have completed service requirements of a waiver requested under section 203(b)(2)(B)(ii), including alien physicians who completed such service before the date of the enactment of the Conrad State 30 and Physician Access Act and any spouses or children of such alien physicians. (ii) Nothing in this subparagraph may be construed— (I) to prevent the filing of a petition with the Secretary of Homeland Security for classification under section 204(a) or the filing of an application for adjustment of status under section 245 by an alien physician described in this subparagraph prior to the date by which such alien physician has completed the service described in section 214(l) or worked full-time as a physician for an aggregate of 5 years at the location identified in the section 214(l) waiver or in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals; or (II) to permit the Secretary of Homeland Security to grant such a petition or application until the alien has satisfied all the requirements of the waiver received under section 214(l). . 4. Employment protections for physicians (a) In general Section 214(l)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(C) ) is amended by striking clauses (i) and (ii) and inserting the following: (i) the alien demonstrates a bona fide offer of full-time employment, at a health care organization, which employment has been determined by the Secretary of Homeland Security to be in the public interest; and (ii) the alien agrees to begin employment with the health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals by the later of the date that is 90 days after receiving such waiver, 90 days after completing graduate medical education or training under a program approved pursuant to section 212(j)(1), or 90 days after receiving nonimmigrant status or employment authorization, and agrees to continue to work for a total of not less than 3 years in any status authorized for such employment under this subsection unless— (I) the Secretary determines that extenuating circumstances exist that justify a lesser period of employment at such facility or organization, in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization, for the remainder of such 3-year period; (II) the interested State agency that requested the waiver attests that extenuating circumstances exist that justify a lesser period of employment at such facility or organization in which case the alien shall demonstrate another bona fide offer of employment at a health facility or health care organization so designated by the Secretary of Health and Human Services, for the remainder of such 3-year period; or (III) if the alien elects not to pursue a determination of extenuating circumstances pursuant to subclause (I) or (II), the alien terminates the alien’s employment relationship with such facility or organization, in which case the alien shall be employed for the remainder of such 3-year period, and 1 additional year for each termination, at another health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and . (b) Contract requirements Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ) is amended by adding at the end the following: (4) An alien granted a waiver under paragraph (1)(C) shall enter into an employment agreement with the contracting health facility or health care organization that— (A) specifies the maximum number of on-call hours per week (which may be a monthly average) that the alien will be expected to be available and the compensation the alien will receive for on-call time; (B) specifies whether the contracting facility or organization will pay for the alien’s malpractice insurance premiums, including whether the employer will provide malpractice insurance and, if so, the amount of such insurance that will be provided; (C) describes all of the work locations that the alien will work and a statement that the contracting facility or organization will not add additional work locations without the approval of the Federal agency or State agency that requested the waiver; and (D) does not include a non-compete provision. (5) An alien granted a waiver under paragraph (1)(C) whose employment relationship with a health facility or health care organization terminates during the 3-year service period required by such paragraph— (A) shall have a period of 120 days beginning on the date of such termination of employment to submit to the Secretary of Homeland Security applications or petitions to commence employment with another contracting health facility or health care organization in a geographic area or areas which are designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (B) shall be considered to be maintaining lawful status in an authorized stay during the 120-day period referred to in subsection (A). . 5. Allotment of Conrad 30 waivers (a) In general Section 214(l) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l) ), as amended by section 4(b), is further amended by adding at the end the following: (6) (A) (i) All States shall be allotted a total of 35 waivers under paragraph (1)(B) for a fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. (ii) When an allocation has occurred under clause (i), all States shall be allotted an additional 5 waivers under paragraph (1)(B) for each subsequent fiscal year if 90 percent of the waivers available to the States receiving at least 5 waivers were used in the previous fiscal year. If the States are allotted 45 or more waivers for a fiscal year, the States will only receive an additional increase of 5 waivers the following fiscal year if 95 percent of the waivers available to the States receiving at least 1 waiver were used in the previous fiscal year. (B) Any increase in allotments under subparagraph (A) shall be maintained indefinitely, unless in a fiscal year, the total number of such waivers granted is 5 percent lower than in the last year in which there was an increase in the number of waivers allotted pursuant to this paragraph, in which case— (i) the number of waivers allotted shall be decreased by 5 for all States beginning in the next fiscal year; and (ii) each additional 5 percent decrease in such waivers granted from the last year in which there was an increase in the allotment, shall result in an additional decrease of 5 waivers allotted for all States, provided that the number of waivers allotted for all States shall not drop below 30. . (b) Academic medical centers Section 214(l)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(1)(D) ) is amended— (1) in clause (ii), by striking and at the end; (2) in clause (iii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iv) in the case of a request by an interested State agency— (I) the head of such agency determines that the alien is to practice medicine in, or be on the faculty of a residency program at, an academic medical center (as that term is defined in section 411.355(e)(2) of title 42, Code of Federal Regulations, or similar successor regulation), without regard to whether such facility is located within an area designated by the Secretary of Health and Human Services as having a shortage of health care professionals; and (II) the head of such agency determines that— (aa) the alien physician’s work is in the public interest; and (bb) the grant of such waiver would not cause the number of the waivers granted on behalf of aliens for such State for a fiscal year (within the limitation in subparagraph (B) and subject to paragraph (6)) in accordance with the conditions of this clause to exceed 3. . 6. Amendments to the procedures, definitions, and other provisions related to physician immigration (a) Dual intent for physicians seeking graduate medical training Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by striking (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) and inserting (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), a nonimmigrant described in any provision of section 101(a)(15)(H)(i), except subclause (b1) of such section, and an alien coming to the United States to receive graduate medical education or training as described in section 212(j) or to take examinations required to receive graduate medical education or training as described in section 212(j)) . (b) Allowable visa status for physicians fulfilling waiver requirements in medically underserved areas Section 214(l)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1184(l)(2)(A) ) is amended by striking an alien described in section 101(a)(15)(H)(i)(b). and inserting any status authorized for employment under this Act. . (c) Physician national interest waiver clarifications (1) Practice and geographic area Section 203(b)(2)(B)(ii)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(B)(ii)(I) ) is amended by striking items (aa) and (bb) and inserting the following: (aa) the alien physician agrees to work on a full-time basis practicing primary care, specialty medicine, or a combination thereof, in an area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals, or at a health care facility under the jurisdiction of the Secretary of Veterans Affairs; or (bb) the alien physician is pursuing such waiver based upon service at a facility or facilities that serve patients who reside in a geographic area or areas designated by the Secretary of Health and Human Services as having a shortage of health care professionals (without regard to whether such facility or facilities are located within such an area) and a Federal agency, or a local, county, regional, or State department of public health determines the alien physician’s work was or will be in the public interest. . (2) Five-year service requirement Section 203(b)(2)(B)(ii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(B)(ii)(II)) is amended— (A) by inserting (aa) after (II) ; and (B) by adding at the end the following: (bb) The 5-year service requirement of item (aa) shall be counted from the date the alien physician begins work in the shortage area in any legal status and not the date an immigrant visa petition is filed or approved. Such service shall be aggregated without regard to when such service began and without regard to whether such service began during or in conjunction with a course of graduate medical education. (cc) An alien physician shall not be required to submit an employment contract with a term exceeding the balance of the 5-year commitment yet to be served, nor an employment contract dated within a minimum time period prior to filing of a visa petition pursuant to this subsection. (dd) An alien physician shall not be required to file additional immigrant visa petitions upon a change of work location from the location approved in the original national interest immigrant petition. . (d) Technical clarification regarding advanced degree for physicians Section 203(b)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(2)(A) ) is amended by adding at the end An alien physician holding a foreign medical degree that has been deemed sufficient for acceptance by an accredited United States medical residency or fellowship program is a member of the professions holding an advanced degree or its equivalent. . (e) Short-Term work authorization for physicians completing their residencies A physician completing graduate medical education or training as described in section 212(j) of the Immigration and Nationality Act ( 8 U.S.C. 1182(j) ) as a nonimmigrant described section 101(a)(15)(H)(i) of such Act (8 U.S.C. 1101(a)(15)(H)(i)) shall have such nonimmigrant status automatically extended until October 1 of the fiscal year for which a petition for a continuation of such nonimmigrant status has been submitted in a timely manner and where the employment start date for the beneficiary of such petition is October 1 of that fiscal year. Such physician shall be authorized to be employed incident to status during the period between the filing of such petition and October 1 of such fiscal year. However, the physician’s status and employment authorization shall terminate 30 days from the date such petition is rejected, denied or revoked. A physician’s status and employment authorization will automatically extend to October 1 of the next fiscal year if all visas as described in such section 101(a)(15)(H)(i) authorized to be issued for the fiscal year have been issued. (f) Applicability of section 212( e ) to spouses and children of J–1 exchange visitors A spouse or child of an exchange visitor described in section 101(a)(15)(J) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)) shall not be subject to the requirements of section 212(e) of the Immigration and Nationality Act ( 8 U.S.C. 1182(e) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2484ih/xml/BILLS-113hr2484ih.xml

113-hr-2485

I 113th CONGRESS 1st Session H. R. 2485 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to extend programs assisting homeless veterans and other veterans with special needs, and for other purposes. 1. Short title This Act may be cited as the Helping Homeless Veterans Act of 2013 . 2. Extension of programs assisting homeless veterans and other veterans with special needs (a) Homeless veterans reintegration programs Section 2021(e)(1)(F) of title 38, United States Code, is amended by striking 2013 and inserting 2014 . (b) Referral and counseling services for veterans at risk of homelessness who are transitioning from certain institutions Section 2023(d) of such title is amended by striking 2013 and inserting 2014 . (c) Treatment for seriously mentally ill and homeless veterans Section 2031(b) of such title is amended by striking 2013 and inserting 2014 . (d) Housing assistance for homeless veterans Section 2041(c) of such title is amended by striking 2013 and inserting 2014 . (e) Financial assistance for supportive services for very low-Income veteran families in permanent housing Section 2044(e)(1) is amended by adding at the end the following new subparagraph: (F) $300,000,000 for fiscal year 2014. . (f) Grant program for homeless veterans with special needs Section 2061(d)(1) is amended by striking 2013 and inserting 2014 . (g) Advisory Committee on Homeless Veterans Section 2066(d) is amended by striking 2013 and inserting 2014 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2485ih/xml/BILLS-113hr2485ih.xml

113-hr-2486

I 113th CONGRESS 1st Session H. R. 2486 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mrs. Capps (for herself, Mr. Farr , Mr. Lowenthal , and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To permanently prohibit oil and gas leasing off the coast of the State of California, and for other purposes. 1. Short title This Act may be cited as the California Ocean and Coastal Protection Act . 2. Prohibition of oil and gas leasing in certain areas of the outer Continental Shelf Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) is amended by adding at the end the following: (q) Prohibition of oil and gas leasing in certain areas of the outer continental shelf (1) In general Notwithstanding any other provision of this Act or any other law and except as provided in paragraph (2), beginning on the date of enactment of this subsection, the conduct of oil and gas preleasing, leasing, and related activities is prohibited in areas of the outer Continental Shelf located off the coast of the State of California. (2) Effect Nothing in this subsection affects any rights under leases issued under this Act before the date of enactment of this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2486ih/xml/BILLS-113hr2486ih.xml

113-hr-2487

I 113th CONGRESS 1st Session H. R. 2487 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mrs. Davis of California (for herself and Ms. Schakowsky ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to promulgate rules requiring an Internet merchant to disclose the use of personal information in establishing or changing a price, and for other purposes. 1. Short title This Act may be cited as the Ensuring Shoppers Honest Online Pricing Act of 2013 or the E–SHOP Act . 2. Disclosure requirement for internet merchants (a) Rulemaking The Federal Trade Commission shall, not later than 180 days after the date of enactment of this Act, promulgate rules under section 553 of title 5, United States Code, requiring an Internet merchant to disclose to each consumer, prior to the final purchase of any good or service, the use of personal information in establishing or changing a price. (b) Content The rules promulgated by the Commission under subsection (a) shall— (1) require, at a minimum, an Internet merchant to clearly and prominently disclose to a consumer prior to the final purchase of a good or service the use of personal information in establishing or changing a price; and (2) provide an Internet merchant procedures for complying with the requirement under paragraph (1). (c) Exceptions The Commission shall provide for specific exceptions to the rules promulgated under subsection (a) when a consumer should reasonably expect the price to be altered based on the personal information of such consumer, including but not limited to for the calculation of a shipping charge and for a financial service for which personal information is customarily used to formulate a price. (d) Internet merchants subject to disclosure requirement The rules promulgated under subsection (a) shall only apply to an Internet merchant that has a total annual gross revenue of more than $1,000,000, and such amount shall be indexed for inflation every 5 years by the Commission to reflect the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor. (e) Enforcement A violation of a rule promulgated under subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). The Commission shall enforce this Act 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. (f) Savings provision No provision of this Act shall be construed as limiting or superseding any authority of the Federal Trade Commission under the Federal Trade Commission Act or any other law. (g) Definitions In this Act: (1) Internet The term Internet has the meaning given the term in section 1101 of the Internet Tax Freedom Act ( 47 U.S.C. 151 note). (2) Internet merchant The term Internet merchant means a person that sells or offers to sell a good or service by way of an Internet transaction. (3) Internet Protocol address The term Internet Protocol address means the numerical label assigned to a particular computer or other device that accesses the Internet. (4) Personal information The term personal information includes an individual’s Internet browsing history, device type and manufacturer, operating system, and Internet Protocol address.

https://www.govinfo.gov/content/pkg/BILLS-113hr2487ih/xml/BILLS-113hr2487ih.xml

113-hr-2488

I 113th CONGRESS 1st Session H. R. 2488 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. DeFazio (for himself, Mr. Blumenauer , Mr. Schrader , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand the Wild Rogue Wilderness Area in the State of Oregon, to make additional wild and scenic river designations in the Rogue River area, to provide additional protections for Rogue River tributaries, and for other purposes. 1. Short title This Act may be cited as the Rogue Wilderness Area Expansion Act . 2. Definitions In this Act: (1) Map The term map means the map entitled Wild Rogue Wilderness Additions and dated January 25, 2013. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means the State of Oregon. (4) Wilderness additions The term Wilderness additions means the land added to the Wild Rogue Wilderness by section 3(a). 3. Expansion of Wild Rogue Wilderness (a) Expansion In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the 59,986 acres of Bureau of Land Management land, as generally depicted on the map, is included in the Wild Rogue Wilderness, a component of the National Wilderness Preservation System. (b) Map; legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the wilderness area designated by subsection (a), with— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (c) Administration Subject to valid existing rights, the Wilderness additions shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (d) Treatment of portion of wilderness also designated as wild river The portion of the Rogue River designated by section 3(a)(5) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a)(5) ) as a component of the National Wild and Scenic Rivers System in 1968, which lies within the Wild Rogue Wilderness, including the Wilderness additions, shall be managed as a wild river notwithstanding section 10(b) of that Act ( 16 U.S.C. 1281(a) ) or any provisions of the Wilderness Act to the contrary. (e) Fish and Wildlife Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (f) Adjacent management (1) In general Nothing in this section creates any protective perimeter or buffer zone around the Wilderness additions. (2) Activities outside wilderness The fact that a nonwilderness activity or use on land outside the Wilderness additions can be seen or heard within the Wilderness additions shall not preclude the activity or use outside the boundary of the Wilderness additions. (g) Protection of Tribal Rights Nothing in this section diminishes any treaty rights of an Indian tribe. 4. Wild and scenic river designations, Rogue River area Paragraph (5) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended to read as follows: (5) Rogue, Oregon (A) Original rogue wild and scenic river The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by such Secretaries or as directed by the President. (B) Additions In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: (i) Kelsey creek The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (ii) East fork kelsey creek The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. (iii) Whisky creek (I) Recreational river The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river. (II) Wild river The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. (iv) East fork whisky creek (I) Wild river The approximately 2.5-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles upstream of road 33-8-26 crossing, as a wild river. (II) Recreational river The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river. (v) West fork whisky creek The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river. (vi) Big windy creek (I) Scenic river The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. (II) Wild river The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river. (vii) East fork big windy creek (I) Scenic river The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. (II) Wild river The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river. (viii) Little windy creek The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. (ix) Howard creek (I) Scenic river The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. (II) Wild river The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. (x) Mule creek The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xi) Anna creek The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. (xii) Missouri creek The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiii) Jenny creek The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xiv) Rum creek The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xv) East fork rum creek The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. (xvi) Wildcat creek The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xvii) Montgomery creek The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. (xviii) Hewitt creek The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xix) Bunker creek The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xx) Dulog creek (I) Scenic river The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. (II) Wild river The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. (xxi) Quail creek The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxii) Meadow creek The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxiii) Russian creek The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxiv) Alder creek The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxv) Booze creek The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvi) Bronco creek The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxvii) Copsey creek The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxviii) Corral creek The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxix) Cowley creek The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxx) Ditch creek The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. (xxxi) Francis creek The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxii) Long gulch The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. (xxxiii) Bailey creek The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. (xxxiv) Shady creek The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. (xxxv) Slide creek (I) Scenic river The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. (II) Wild river The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river. (C) Management Each river segment designated by subparagraph (B) shall be managed as part of the Rogue Wild and Scenic River. (D) Withdrawal Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (B) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. . 5. Additional protections for Rogue River tributaries (a) Licensing by commission The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in subsection (d). (b) Other agencies (1) In general No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in subsection (d), except to maintain or repair water resources projects in existence on the date of enactment of this Act. (2) Effect Nothing in this subsection prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project— (A) the primary purpose of which is ecological or aquatic restoration; and (B) that provides a net benefit to water quality and aquatic resources. (c) Withdrawal Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in subsection (d), is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Description of Stream segments The following are the stream segments referred to in subsection (a): (1) Kelsey creek The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34. (2) East fork kelsey creek The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5. (3) East fork whisky creek The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11. (4) Little windy creek The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34. (5) Mule creek The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25. (6) Missouri creek The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24. (7) Jenny creek The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28. (8) Rum creek The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9. (9) East fork rum creek The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10. (10) Hewitt creek The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19. (11) Quail creek The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1. (12) Russian creek The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20. (13) Ditch creek The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5. (14) Long gulch The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23. (15) Bailey creek The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14. (16) Quartz creek The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (17) North fork galice creek The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (18) Grave creek The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (19) Centennial gulch The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. (20) Galice Creek The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River.

https://www.govinfo.gov/content/pkg/BILLS-113hr2488ih/xml/BILLS-113hr2488ih.xml

113-hr-2489

I 113th CONGRESS 1st Session H. R. 2489 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. DeFazio (for himself, Mr. Blumenauer , Mr. Schrader , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the boundary of the Oregon Caves National Monument, and for other purposes. 1. Short title This Act may be cited as the Oregon Caves Revitalization Act of 2013 . 2. Purpose The purpose of this Act is to add surrounding land to the Monument— (1) to enhance the protection of the resources associated with the Monument; and (2) to increase public recreation opportunities. 3. Definitions In this Act: (1) Map The term map means the map titled Oregon Caves National Monument and Preserve numbered 150/80,023, and dated May 2010. (2) Monument The term Monument means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) National Preserve The term National Preserve means the National Preserve designated by section 4(a). (4) Secretary The term Secretary means the Secretary of the Interior. (5) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (6) State The term State means the State of Oregon. 4. Designation; land transfer; boundary adjustment (a) In general The Monument shall be known and designated as the Oregon Caves National Monument and Preserve . The land identified on the map as Proposed Addition Lands shall be designated as a National Preserve. (b) Land transfer The Secretary of Agriculture shall— (1) transfer approximately 4,070 acres of land identified on the map as the Proposed Addition Lands to the Secretary to be administered as part of the Oregon Caves National Monument and Preserve; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1). (c) Boundary adjustment The boundary of the National Monument is modified to exclude approximately 4 acres of land— (1) located in the City of Cave Junction; and (2) identified on the map as the Cave Junction Unit , as depicted on the map. (d) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the Oregon Caves National Monument and Preserve . 5. Administration (a) In general The Secretary, acting through the Director of the National Park Service, shall administer the National Monument and Preserve in accordance with— (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ). (b) Fire management As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall revise the fire management plan for the Monument to include the National Preserve and, in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing forest service contracts The Secretary shall allow for the completion of existing Forest Service stewardship and service contracts executed as of the date of enactment of this Act and shall recognize the authority of the Secretary of Agriculture for the purpose of administering the existing Forest Service contracts through their completion. All terms and conditions of existing Forest Service contracts shall remain in place for the duration of those contracts. Any such liability existing at the time of enactment of this Act shall be that of the Forest Service. (d) Grazing The Secretary may allow the grazing of livestock within the preserve to continue where authorized under permits or leases in existence as of the date of enactment of this Act. Grazing shall be at no more than the current level, as measured in Animal Unit Months, and subject to applicable laws and National Park Service regulations. 6. Voluntary grazing lease or permit donation program (a) Donation of lease or permit (1) Acceptance by Secretary concerned The Secretary concerned shall accept the donation of a grazing lease or permit from a lessee or permittee for— (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) Termination With respect to each permit or lease donated under subparagraph (a), the Secretary shall— (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the permit or lease. (b) Effect of donation A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. 7. Hunting, fishing, and trapping (a) In general Except as provided in subsection (b), the Secretary shall permit hunting, fishing, and trapping on land and water within the National Preserve in accordance with each applicable law (including regulations) of the Federal Government and the State. (b) Administrative exceptions In accordance with subsection (c), the Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping may be permitted within the National Preserve due to concerns relating to— (1) public safety; (2) the administration of the National Preserve; or (3) the compliance by the Secretary with any applicable law (including regulations). (c) Consultation with appropriate State agency Except to respond to a situation that the Secretary determines to be an emergency, the Secretary shall consult with the appropriate agency of the State before taking any act to close any area within the National Preserve to hunting, fishing, or trapping. 8. Effect Nothing in this Act affects the authority or responsibility of the State to carry out any law or duty of the State relating to fish and wildlife on areas located within the National Preserve. 9. Wild and scenic river designation, River Styx, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by inserting the following paragraph: (__) River Styx, Oregon The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river. . 10. Wild and scenic river designation for study Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (__) Oregon Caves National Monument and Preserve, Oregon (A) Cave Creek, Oregon The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. (B) Lake Creek, Oregon The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. (C) No Name Creek, Oregon The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. (D) Panther Creek The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. (E) Upper Cave Creek The segment of Upper Cave Creek from the headwaters to the confluence with River Styx. . 11. Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) ) is amended by adding at the end the following: (__) Oregon Caves National Monument and Preserve, Oregon Not later than 3 years after funds are made available to carry out this paragraph, the Secretary shall complete the study of the Oregon Caves National Monument and Preserve segments designated for study in subsection (a), and shall submit to Congress a report containing the results of the study. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2489ih/xml/BILLS-113hr2489ih.xml

113-hr-2490

I 113th CONGRESS 1st Session H. R. 2490 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Ms. Jackson Lee (for herself, Ms. Clarke , Mr. Thompson of Mississippi , Mr. Veasey , and Mr. Payne ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment. 1. Short title; finding of constitutional authority (a) Short Title This Act may be cited as the Coretta Scott King Mid-Decade Redistricting Prohibition Act of 2013 . (b) Finding Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Limit on congressional redistricting after an apportionment The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). . 3. No effect on elections for State and local office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 4. Effective Date This Act and the amendment made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020.

https://www.govinfo.gov/content/pkg/BILLS-113hr2490ih/xml/BILLS-113hr2490ih.xml

113-hr-2491

I 113th CONGRESS 1st Session H. R. 2491 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. DeFazio (for himself, Mr. Blumenauer , Mr. Schrader , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the designation of the Devil’s Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild or recreation rivers, and for other purposes. 1. Short title This Act may be cited as the Devil’s Staircase Wilderness Act of 2013 . 2. Designation of wilderness area, Devil's Staircase Wilderness, Oregon (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Federal land in the State of Oregon administered by the Forest Service and the Bureau of Land Management, comprising approximately 30,520 acres, as generally depicted on the map titled Devil's Staircase Wilderness Proposal , dated October 26, 2009, are designated as a wilderness area for inclusion in the National Wilderness Preservation System and to be known as the Devil's Staircase Wilderness . (b) Map and Legal Description As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of wilderness area designated by subsection (a). The map and legal description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. In the case of any discrepancy between the acreage specified in subsection (a) and the map, the map shall control. The map and legal description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. 3. Administration (a) In general Subject to valid existing rights, the Devil's Staircase Wilderness Area shall be administered by the Secretaries of Agriculture and the Interior, in accordance with the Wilderness Act and the Oregon Wilderness Act of 1984, except that, with respect to the wilderness area, any reference in the Wilderness Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act. (b) Forest service roads As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary of Agriculture shall— (1) decommission any National Forest System road within the wilderness boundaries; and (2) convert Forest Service Road 4100 within the wilderness boundary to a trail for primitive recreational use. 4. Incorporation of Acquired Land and Interests Any land within the boundary of the wilderness area designated by this Act that is acquired by the United States shall— (1) become part of the Devil's Staircase Wilderness Area; and (2) be managed in accordance with this Act and any other applicable law. 5. Fish and wildlife Nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Oregon with respect to wildlife and fish in the national forests. 6. Buffer zones (a) In General As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328 ), Congress does not intend for designation of the wilderness area under this Act to lead to the creation of protective perimeters or buffer zones around the wilderness area. (b) Activities or Uses up to Boundaries The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. 7. Withdrawal Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness area by this Act is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. 8. Protection of tribal rights Nothing in this Act shall be construed to diminish— (1) the existing rights of any Indian tribe; or (2) tribal rights regarding access to Federal lands for tribal activities, including spiritual, cultural, and traditional food gathering activities. 9. Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by inserting the following paragraphs: (__) Franklin Creek, Oregon The 4.5-mile segment from the headwaters to the private land boundary in section 8 to be administered by the Secretary of Agriculture as a wild river. (__) Wasson Creek, Oregon (A) The 4.2-mile segment from the eastern edge of section 17 downstream to the boundary of sections 11 and 12 to be administered by the Secretary of Interior as a wild river. (B) The 5.9-mile segment downstream from the boundary of sections 11 and 12 to the private land boundary in section 22 to be administered by the Secretary of Agriculture as a wild river. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2491ih/xml/BILLS-113hr2491ih.xml

113-hr-2492

I 113th CONGRESS 1st Session H. R. 2492 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. DesJarlais introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and Select 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 restrict funds related to escalating United States military involvement in Syria. 1. Short title This Act may be cited as the Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 . 2. Prohibition on funds to escalate United States military involvement in Syria (a) In general Except as provided under subsection (b), no funds made available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose of, or in a manner which would have the effect of, supporting, directly or indirectly, military or paramilitary operations in Syria by any nation, group, organization, movement, or individual. (b) Exception The prohibition under subsection (a) does not apply to funds obligated for non-lethal humanitarian assistance for the Syrian people provided directly by the United States Government, through nongovernmental organizations and contractors, or through foreign governments. (c) Duration of prohibition The prohibition under subsection (a) shall cease to apply only if a joint resolution approving assistance for military or paramilitary operations in Syria is enacted. (d) Quarterly reports Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to Congress a report on assistance provided to groups, organizations, movements, and individuals in Syria. (e) Non-Lethal humanitarian assistance defined In this Act, the term non-lethal humanitarian assistance means humanitarian assistance that is not weapons, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death.

https://www.govinfo.gov/content/pkg/BILLS-113hr2492ih/xml/BILLS-113hr2492ih.xml

113-hr-2493

I 113th CONGRESS 1st Session H. R. 2493 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Engel (for himself, Ms. Ros-Lehtinen , Mr. Israel , Mr. Cole , Ms. Bordallo , Ms. Schwartz , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend chapter 329 of title 49, United States Code, to ensure that new vehicles enable fuel competition so as to reduce the strategic importance of oil to the United States. 1. Short title This Act may be cited as the Open Fuel Standard Act of 2013 . 2. Open fuel standard for motor vehicles Chapter 329 of title 49, United States Code, is amended by inserting after section 32905 the following new section: 32905A. Open fuel standard for motor vehicles. (a) Requirements Except as provided in subsection (c), each manufacturer’s fleet of covered vehicles for a particular model year shall be comprised of— (1) not less than 30 percent qualified vehicles beginning in model year 2016; and (2) not less than 50 percent qualified vehicles beginning in model year 2017 and each subsequent year. (b) Additional definitions As used in this section— (1) the term covered vehicle means a passenger automobile, and includes a light-duty motor vehicle; (2) the term qualified vehicle means covered vehicle that— (A) has been warranted by its manufacturer to operate on natural gas, hydrogen, or biodiesel; (B) is a flexible fuel vehicle; (C) is a plug-in electric drive vehicle; (D) is propelled solely by fuel cell that produces power without the use of petroleum or a petroleum-based fuel; or (E) is propelled solely by something other than an internal combustion engine, and produces power without the use of petroleum or a petroleum-based fuel; (3) the term flexible fuel vehicle means a vehicle that has been warranted by its manufacturer to operate on gasoline, E85, and M85; (4) the term E85 means a fuel mixture containing up to 85 percent ethanol and meets the standards of ASTM D5798; (5) the term M85 means a fuel mixture containing up to 85 percent methanol and meets the standards of ASTM D5797; (6) the term biodiesel means diesel fuel which has been produced from a non-petroleum feedstock and which meets the standards of ASTM D6751–03; (7) the term plug-in electric drive vehicle has the meaning given such term in section 508(a)(5) of the Energy Policy Act of 1992 ( 42 U.S.C. 13258(a)(5) ); and (8) the term light-duty motor vehicle means a light-duty truck or light-duty vehicle as such terms are defined in section 216(7) of the Clean Air Act (42 U.S.C. 7550(7)) of less than or equal to 8,500 pounds gross vehicle weight rating. (c) Temporary Exemption from Requirements (1) Application A manufacturer may request an exemption from the requirement described in subsection (a) by submitting an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require by regulation. Each such application shall specify the models, lines, and types of automobiles affected. (2) Evaluation After evaluating an application received from a manufacturer, the Secretary may at any time, under such terms and conditions, and to such extent as the Secretary considers appropriate, temporarily exempt, or renew the exemption of, a light-duty motor-vehicle from the requirement described in subsection (a) if the Secretary determines that unavoidable events not under the control of the manufacturer prevent the manufacturer of such automobile from meeting its required production volume of qualified automobiles, including— (A) a disruption in the supply of any component required for compliance with the regulations; or (B) a disruption in the use and installation by the manufacturer of such component. (3) Consolidation The Secretary may consolidate applications received from multiple manufacturers under subparagraph (A) if they are of a similar nature. (4) Conditions Any exemption granted under paragraph (2) shall be conditioned upon the manufacturer’s commitment to recall the exempted automobiles for installation of the omitted components within a reasonable time proposed by the manufacturer and approved by the Secretary after such components become available in sufficient quantities to satisfy both anticipated production and recall volume requirements. (5) Notice The Secretary shall publish in the Federal Register— (A) notice of each application received from a manufacturer; (B) notice of each decision to grant or deny a temporary exemption; and (C) the reasons for granting or denying such exemptions. (d) Rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate regulations as necessary to carry out this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2493ih/xml/BILLS-113hr2493ih.xml

113-hr-2494

I 113th CONGRESS 1st Session H. R. 2494 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Gibson (for himself, Mr. Welch , Mrs. Bachmann , Mr. Nolan , Mr. Duncan of South Carolina , Mr. DesJarlais , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and Select 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 restrict funds related to escalating United States military involvement in Syria. 1. Short title This Act may be cited as the Protecting Americans from the Proliferation of Weapons to Terrorists Act of 2013 . 2. Prohibition on funds to escalate United States military involvement in Syria (a) In general Except as provided under subsection (b), no funds made available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose of, or in a manner which would have the effect of, supporting, directly or indirectly, military or paramilitary operations in Syria by any nation, group, organization, movement, or individual. (b) Exception The prohibition under subsection (a) does not apply to funds obligated for non-lethal humanitarian assistance for the Syrian people provided directly by the United States Government, through nongovernmental organizations and contractors, or through foreign governments. (c) Duration of prohibition The prohibition under subsection (a) shall cease to apply only if a joint resolution approving assistance for military or paramilitary operations in Syria is enacted. (d) Quarterly reports Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to Congress a report on assistance provided to groups, organizations, movements, and individuals in Syria. (e) Non-Lethal humanitarian assistance defined In this Act, the term non-lethal humanitarian assistance means humanitarian assistance that is not weapons, ammunition, or other equipment or material that is designed to inflict serious bodily harm or death.

https://www.govinfo.gov/content/pkg/BILLS-113hr2494ih/xml/BILLS-113hr2494ih.xml

113-hr-2495

I 113th CONGRESS 1st Session H. R. 2495 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Hultgren (for himself, Mr. Swalwell of California , Ms. McCollum , Mr. Langevin , Mr. Lipinski , Mr. Fattah , Ms. Lofgren , Mr. Fleischmann , Mr. Aderholt , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the Department of Energy High-End Computing Revitalization Act of 2004 to improve the high-end computing research and development program of the Department of Energy, and for other purposes. 1. Short title This Act may be cited as the American Super Computing Leadership Act . 2. Definitions Section 2 of the Department of Energy High-End Computing Revitalization Act of 2004 ( 15 U.S.C. 5541 ) is amended by striking paragraphs (1) through (5) and inserting the following: (1) Co-design The term co-design means the joint development of application algorithms, models, and codes with computer technology architectures and operating systems to maximize effective use of high-end computing systems. (2) Department The term Department means the Department of Energy. (3) Exascale The term exascale means computing system performance at or near 10 to the 18th power floating point operations per second. (4) High-end computing system The term high-end computing system means a computing system with performance that substantially exceeds that of systems that are commonly available for advanced scientific and engineering applications. (5) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (6) National laboratory The term National Laboratory means any one of the seventeen laboratories owned by the Department. (7) Secretary The term Secretary means the Secretary of Energy. (8) Software technology The term software technology includes optimal algorithms, programming environments, tools, languages, and operating systems for high-end computing systems. . 3. Department of Energy high-end computing research and development program Section 3 of the Department of Energy High-End Computing Revitalization Act of 2004 ( 15 U.S.C. 5542 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking program and inserting coordinated program across the Department ; (B) by striking and at the end of paragraph (1); (C) by striking the period at the end of paragraph (2) and inserting ; and ; and (D) by adding at the end the following new paragraph: (3) partner with universities, National Laboratories, and industry to ensure the broadest possible application of the technology developed in this program to other challenges in science, engineering, medicine, and industry. ; (2) in subsection (b)(2), by striking vector and all that follows through architectures and inserting computer technologies that show promise of substantial reductions in power requirements and substantial gains in parallelism of multicore processors, concurrency, memory and storage, bandwidth, and reliability ; and (3) by striking subsection (d) and inserting the following: (d) Exascale computing program (1) In general The Secretary shall conduct a coordinated research program to develop exascale computing systems to advance the missions of the Department. (2) Execution The Secretary shall, through competitive merit review, establish two or more National Laboratory-industry-university partnerships to conduct integrated research, development, and engineering of multiple exascale architectures, and— (A) conduct mission-related co-design activities in developing such exascale platforms; (B) develop those advancements in hardware and software technology required to fully realize the potential of an exascale production system in addressing Department target applications and solving scientific problems involving predictive modeling and simulation and large-scale data analytics and management; and (C) explore the use of exascale computing technologies to advance a broad range of science and engineering. (3) Administration In carrying out this program, the Secretary shall— (A) provide, on a competitive, merit-reviewed basis, access for researchers in United States industry, institutions of higher education, National Laboratories, and other Federal agencies to these exascale systems, as appropriate; and (B) conduct outreach programs to increase the readiness for the use of such platforms by domestic industries, including manufacturers. (4) Reports (A) Integrated strategy and program management plan The Secretary shall submit to Congress, not later than 90 days after the date of enactment of the American Super Computing Leadership Act , a report outlining an integrated strategy and program management plan, including target dates for prototypical and production exascale platforms, interim milestones to reaching these targets, functional requirements, roles and responsibilities of National Laboratories and industry, acquisition strategy, and estimated resources required, to achieve this exascale system capability. The report shall include the Secretary's plan for Departmental organization to manage and execute the Exascale Computing Program, including definition of the roles and responsibilities within the Department to ensure an integrated program across the Department. The report shall also include a plan for ensuring balance and prioritizing across ASCR subprograms in a flat or slow-growth budget environment. (B) Status reports At the time of the budget submission of the Department for each fiscal year, the Secretary shall submit a report to Congress that describes the status of milestones and costs in achieving the objectives of the exascale computing program. (C) Exascale merit report At least 18 months prior to the initiation of construction or installation of any exascale-class computing facility, the Secretary shall transmit a plan to the Congress detailing— (i) the proposed facility's cost projections and capabilities to significantly accelerate the development of new energy technologies; (ii) technical risks and challenges that must be overcome to achieve successful completion and operation of the facility; and (iii) an independent assessment of the scientific and technological advances expected from such a facility relative to those expected from a comparable investment in expanded research and applications at terascale-class and petascale-class computing facilities, including an evaluation of where investments should be made in the system software and algorithms to enable these advances. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2495ih/xml/BILLS-113hr2495ih.xml

113-hr-2496

I 113th CONGRESS 1st Session H. R. 2496 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the deployment of United States Armed Forces in support of a United Nations or mutual security treaty military operation absent express prior statutory authorization from Congress for such deployment, and for other purposes. 1. Findings Congress finds the following: (1) Article I, section 8 of the Constitution vests solely in Congress the power to declare war. (2) The Constitution does not permit the President and the Senate through the treaty process to transfer article I congressional authority to international and regional organizations. (3) From 1789 to 1950, all offensive wars were either declared or authorized by Congress. From 1950 forward, presidents have circumvented Congress and the Constitution by claiming to receive authority from the United Nations Security Council and from such mutual security treaties as the North Atlantic Treaty. (4) The Charter of the United Nations requires each member nation to determine its constitutional processes for reaching a special agreement that contributes troops and equipment to a United Nations military operation. Congress defined United States constitutional processes by enacting the United Nations Participation Act of 1945. Section 6 of such Act ( 22 U.S.C. 287d ) provides: The President is authorized to negotiate a special agreement or agreements with the Security Council which shall be subject to the approval of the Congress by appropriate Act or joint resolution … . . (5) Section 8(a)(2) of the War Powers Resolution ( 50 U.S.C. 1547(a)(2) ) specifically states that the authority to introduce United States Armed Forces into hostilities shall not be inferred from any treaty heretofore or hereafter ratified unless such treaty is implemented by legislation specifically authorizing the introduction of United States Armed Forces into hostilities or into such situations and stating that it is intended to constitute specific statutory authorization within the meaning of this joint resolution . (6) An authorization by the United Nations or any other international or regional body for the introduction of United States Armed Forces into hostilities is not a constitutional substitute for a congressional declaration of war or authorization for the use of force. 2. Statement of policy It is the policy of the United States that— (1) the constitutional authority of Congress and the system of self-government and popular control established by the Framers of the Constitution shall be protected; and (2) any vote of the United Nations Security Council or any party to a mutual security treaty (including NATO and others) shall only be advisory and does not constitute authority to deploy United States Armed Forces. 3. Prohibitions on deployment of United States Armed Forces (a) General prohibition No unit or individual of the United States Armed Forces may be deployed in support of a United Nations or a mutual security treaty military operation absent express prior statutory authorization from Congress for such deployment. (b) Funding prohibition No funds appropriated or otherwise made available to any executive agency of the United States Government may be used to carry out any United Nations or mutual security treaty military operation unless the President seeks and obtains express prior authorization by Congress, as required under article I, section 8 of the Constitution.

https://www.govinfo.gov/content/pkg/BILLS-113hr2496ih/xml/BILLS-113hr2496ih.xml

113-hr-2497

I 113th CONGRESS 1st Session H. R. 2497 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mrs. Kirkpatrick (for herself, Mr. Gosar , Mr. Pastor of Arizona , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the boundary of the Casa Grande Ruins National Monument, and for other purposes. 1. Short title This Act may be cited as the Casa Grande Ruins National Monument Boundary Modification Act of 2013 . 2. Findings Congress finds the following: (1) Casa Grande Ruin Reservation was set aside on March 2, 1889, proclaimed as the Nation's first archeological preserve on June 22, 1892, and redesignated as Casa Grande Ruins National Monument on August 3, 1918. (2) Casa Grande Ruins National Monument protects one of the finest architectural examples of 13th Century Hohokam culture in the American Southwest known to early Spanish explorers as the Great House . (3) Casa Grande is only part of the story of this ancient town that may have covered 2 square miles. (4) Recent surveys and research have determined that the area of the Great House and the village surrounding it extends beyond the current monument boundary. 3. Definitions In this Act: (1) Map The term map means the map entitled Proposed Casa Grande Ruins Boundary Modification , numbered 303/100,934, and dated January 2010. (2) Monument The term Monument means the Casa Grande Ruins National Monument in the State of Arizona. (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Arizona. 4. Acquisition and transfer of administrative jurisdiction of lands (a) Acquisition of lands The Secretary is authorized to acquire by donation, exchange, or purchase with donated or appropriate funds from willing owners only, the private or State lands or interests in lands generally depicted on the map, to be administered as part of the Monument. (b) Transfer of administrative jurisdiction to the NPS The following Federal lands as generally depicted on the map are hereby withdrawn from all forms of entry, appropriation, and disposal under the public land laws; location, entry, and patent under the mining laws; and operation of the mineral leasing and geothermal leasing laws and mineral materials laws, and administrative jurisdiction of such Federal lands is hereby transferred to the National Park Service to be administered as part of the Monument: (1) The approximately 3.8 acres of Federal land administered by the Bureau of Land Management. (2) The approximately 7.41 acres of Federal land of administered by the Bureau of Indian Affairs. (c) Transfer of administrative jurisdiction to BIA Administrative jurisdiction of the approximately 3.5 acres of Federal land administered by the National Park Service as generally depicted on the map as Lands to be Transferred to BIA are hereby transferred to the Bureau of Indian Affairs for the purposes of the San Carlos Irrigation Project. (d) Administration Upon acquisition or transfer of the lands identified in subsections (a) and (b), the Secretary shall administer those lands as part of the Monument in accordance with the laws generally applicable to units of the National Park System, including— (1) the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ); and (2) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ). (e) Boundary and map update (1) Transfers Upon completion of the transfers pursuant to subsection (b), the Secretary shall modify the boundary of the Monument accordingly, and shall update the map to reflect such transfers. (2) Acquisitions Upon completion of any of the acquisitions pursuant to subsection (a), the Secretary shall modify the boundary of the Monument accordingly, and shall update the map to reflect such acquisitions. (f) Map on file The map shall be on file and available for inspection in the appropriate offices of the National Park Service, U.S. Department of the Interior. (g) Compensation As consideration for the acquisition of State and private lands or interests in lands, unless such lands and interests in lands are donated, the Secretary shall— (1) pay fair market value for such lands; or (2) convey to the State of Arizona and private land owners, as the case may be, Federal lands, interest in Federal land, or any other Federal asset of equal value located in the State of Arizona. 5. Administration of State trust lands The Secretary may enter into an agreement with the State to provide for cooperative management of the approximately 200 acres of State trust lands generally depicted on the map.

https://www.govinfo.gov/content/pkg/BILLS-113hr2497ih/xml/BILLS-113hr2497ih.xml

113-hr-2498

I 113th CONGRESS 1st Session H. R. 2498 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Loebsack (for himself, Mr. Braley of Iowa , and Mrs. Bustos ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To reauthorize agricultural programs through 2018. 1. Short title; table of contents (a) In general This Act may be cited as the Agriculture Reform, Food, and Jobs Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I—Commodity programs Subtitle A—Repeals and reforms Sec. 1101. Repeal of direct payments. Sec. 1102. Repeal of counter-cyclical payments. Sec. 1103. Repeal of average crop revenue election program. Sec. 1104. Definitions. Sec. 1105. Base acres. Sec. 1106. Payment yields. Sec. 1107. Availability of adverse market payments. Sec. 1108. Agriculture risk coverage. Sec. 1109. Producer agreement required as condition of provision of payments. Sec. 1110. Period of effectiveness. Subtitle B—Marketing assistance loans and loan deficiency payments Sec. 1201. Availability of nonrecourse marketing assistance loans for loan commodities. Sec. 1202. Loan rates for nonrecourse marketing assistance loans. Sec. 1203. Term of loans. Sec. 1204. Repayment of loans. Sec. 1205. Loan deficiency payments. Sec. 1206. Payments in lieu of loan deficiency payments for grazed acreage. Sec. 1207. Economic adjustment assistance to users of upland cotton. Sec. 1208. Special competitive provisions for extra long staple cotton. Sec. 1209. Availability of recourse loans for high moisture feed grains and seed cotton. Sec. 1210. Adjustments of loans. Subtitle C—Sugar Sec. 1301. Sugar program. Subtitle D—Dairy Part I—Dairy production margin protection and dairy market stabilization programs Sec. 1401. Definitions. Sec. 1402. Calculation of average feed cost and actual dairy production margins. SUBPART A—Dairy production margin protection program Sec. 1411. Establishment of dairy production margin protection program. Sec. 1412. Participation of dairy operations in production margin protection program. Sec. 1413. Production history of participating dairy operations. Sec. 1414. Basic production margin protection. Sec. 1415. Supplemental production margin protection. Sec. 1416. Effect of failure to pay administration fees or premiums. SUBPART B—Dairy market stabilization program Sec. 1431. Establishment of dairy market stabilization program. Sec. 1432. Threshold for implementation and reduction in dairy payments. Sec. 1433. Milk marketings information. Sec. 1434. Calculation and collection of reduced dairy operation payments. Sec. 1435. Remitting funds to the Secretary and use of funds. Sec. 1436. Suspension of reduced payment requirement. Sec. 1437. Enforcement. Sec. 1438. Audit requirements. Sec. 1439. Study; report. SUBPART C—Administration Sec. 1451. Duration. Sec. 1452. Administration and enforcement. Part II—Dairy market transparency Sec. 1461. Dairy product mandatory reporting. Sec. 1462. Federal milk marketing order program pre-hearing procedure for Class III pricing. Part III—Repeal or reauthorization of other dairy-Related provisions Sec. 1471. Repeal of dairy product price support and milk income loss contract programs. Sec. 1472. Repeal of dairy export incentive program. Sec. 1473. Extension of dairy forward pricing program. Sec. 1474. Extension of dairy indemnity program. Sec. 1475. Extension of dairy promotion and research program. Sec. 1476. Extension of Federal Milk Marketing Order Review Commission. Part IV—Federal milk marketing order reform Sec. 1481. Federal milk marketing orders. Part V—Effective date Sec. 1491. Effective date. Subtitle E—Supplemental agricultural disaster assistance programs Sec. 1501. Supplemental agricultural disaster assistance programs. Subtitle F—Administration Sec. 1601. Administration generally. Sec. 1602. Suspension of permanent price support authority. Sec. 1603. Payment limitations. Sec. 1604. Payments limited to active farmers. Sec. 1605. Adjusted gross income limitation. Sec. 1606. Geographically disadvantaged farmers and ranchers. Sec. 1607. Personal liability of producers for deficiencies. Sec. 1608. Prevention of deceased individuals receiving payments under farm commodity programs. Sec. 1609. Appeals. Sec. 1610. Technical corrections. Sec. 1611. Assignment of payments. Sec. 1612. Tracking of benefits. Sec. 1613. Signature authority. Sec. 1614. Implementation. TITLE II—Conservation Subtitle A—Conservation Reserve Program Sec. 2001. Extension and enrollment requirements of conservation reserve program. Sec. 2002. Farmable wetland program. Sec. 2003. Duties of owners and operators. Sec. 2004. Duties of the Secretary. Sec. 2005. Payments. Sec. 2006. Contract requirements. Sec. 2007. Conversion of land subject to contract to other conserving uses. Sec. 2008. Effective date. Subtitle B—Conservation Stewardship Program Sec. 2101. Conservation stewardship program. Subtitle C—Environmental Quality Incentives Program Sec. 2201. Purposes. Sec. 2202. Definitions. Sec. 2203. Establishment and administration. Sec. 2204. Evaluation of applications. Sec. 2205. Duties of producers. Sec. 2206. Limitation on payments. Sec. 2207. Conservation innovation grants and payments. Sec. 2208. Effective date. Subtitle D—Agricultural Conservation Easement Program Sec. 2301. Agricultural Conservation Easement Program. Subtitle E—Regional Conservation Partnership Program Sec. 2401. Regional Conservation Partnership Program. Subtitle F—Other Conservation Programs Sec. 2501. Conservation of private grazing land. Sec. 2502. Grassroots source water protection program. Sec. 2503. Voluntary public access and habitat incentive program. Sec. 2504. Agriculture conservation experienced services program. Sec. 2505. Small watershed rehabilitation program. Sec. 2506. Emergency watershed protection program. Sec. 2507. Terminal lakes assistance. Sec. 2508. Study of potential improvements to the wetland mitigation process. Sec. 2509. Soil and water resource conservation. Subtitle G—Funding and administration Sec. 2601. Funding. Sec. 2602. Technical assistance. Sec. 2603. Regional equity. Sec. 2604. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access. Sec. 2605. Annual report on program enrollments and assistance. Sec. 2606. Administrative requirements for conservation programs. Sec. 2607. Rulemaking authority. Sec. 2608. Standards for State technical committees. Sec. 2609. Highly erodible land and wetland conservation for crop insurance. Sec. 2610. Adjusted gross income limitation for conservation programs. Subtitle H—Repeal of superseded program authorities and transitional provisions Sec. 2701. Comprehensive conservation enhancement program. Sec. 2702. Emergency forestry conservation reserve program. Sec. 2703. Wetlands reserve program. Sec. 2704. Farmland protection program and farm viability program. Sec. 2705. Grassland reserve program. Sec. 2706. Agricultural water enhancement program. Sec. 2707. Wildlife habitat incentive program. Sec. 2708. Great Lakes basin program. Sec. 2709. Chesapeake Bay watershed program. Sec. 2710. Cooperative conservation partnership initiative. Sec. 2711. Environmental easement program. Sec. 2712. Technical amendments. TITLE III—Trade Subtitle A—Food for Peace Act Sec. 3001. Set-aside for support for organizations through which nonemergency assistance is provided. Sec. 3002. Food aid quality. Sec. 3003. Minimum levels of assistance. Sec. 3004. Reauthorization of Food Aid Consultative Group. Sec. 3005. Oversight, monitoring, and evaluation of Food for Peace Act programs. Sec. 3006. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods. Sec. 3007. Limitation on total volume of commodities monetized. Sec. 3008. Flexibility. Sec. 3009. Procurement, transportation, testing, and storage of agricultural commodities for prepositioning in the United States and foreign countries. Sec. 3010. Deadline for agreements to finance sales or to provide other assistance. Sec. 3011. Minimum level of nonemergency food assistance. Sec. 3012. Coordination of foreign assistance programs report. Sec. 3013. Micronutrient fortification programs. Sec. 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program. Sec. 3015. Prohibition on assistance for North Korea. Subtitle B—Agricultural Trade Act of 1978 Sec. 3101. Export credit guarantee programs. Sec. 3102. Funding for market access program. Sec. 3103. Foreign market development cooperator program. Subtitle C—Other Agricultural Trade Laws Sec. 3201. Food for Progress Act of 1985. Sec. 3202. Bill Emerson Humanitarian Trust. Sec. 3203. Promotion of agricultural exports to emerging markets. Sec. 3204. McGovern-Dole International Food for Education and Child Nutrition Program. Sec. 3205. Technical assistance for specialty crops. Sec. 3206. Global Crop Diversity Trust. Sec. 3207. Local and regional food aid procurement projects. Sec. 3208. Donald Payne Horn of Africa food resilience program. Sec. 3209. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs. TITLE IV—Nutrition Subtitle A—Supplemental nutrition assistance program Sec. 4001. Access to Grocery Delivery for Homebound Seniors and Individuals with Disabilities eligible for supplemental nutrition assistance benefits. Sec. 4002. Food distribution program on Indian reservations. Sec. 4003. Standard utility allowances based on the receipt of energy assistance payments. Sec. 4004. Eligibility disqualifications. Sec. 4005. Ending supplemental nutrition assistance program benefits for lottery or gambling winners. Sec. 4006. Retail food stores. Sec. 4007. Improving security of food assistance. Sec. 4008. Technology modernization for retail food stores. Sec. 4009. Use of benefits for purchase of community-supported agriculture share. Sec. 4010. Restaurant meals program. Sec. 4011. Quality control standards. Sec. 4012. Performance bonus payments. Sec. 4013. Funding of employment and training programs. Sec. 4014. Authorization of appropriations. Sec. 4015 Assistance for community food projects. Sec. 4016. Emergency food assistance. Sec. 4017. Nutrition education. Sec. 4018. Retail food store and recipient trafficking. Sec. 4019. Technical and conforming amendments. Sec. 4020. Eligibility disqualifications for certain convicted felons. Subtitle B—Commodity distribution programs Sec. 4101. Commodity distribution program. Sec. 4102. Commodity supplemental food program. Sec. 4103. Distribution of surplus commodities to special nutrition projects. Sec. 4104. Processing of commodities. Subtitle C—Miscellaneous Sec. 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions. Sec. 4202. Seniors farmers' market nutrition program. Sec. 4203. Nutrition information and awareness pilot program. Sec. 4204. Hunger-free communities. Sec. 4205. Healthy Food Financing Initiative. Sec. 4206. Pulse crop products. Sec. 4207. Dietary Guidelines for Americans. Sec. 4208. Purchases of locally produced foods. Sec. 4209. Multiagency task force. Sec. 4210. Food and Agriculture Service Learning Program. TITLE V—Credit Subtitle A—Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act Sec. 5001. Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act. Subtitle B—Miscellaneous Sec. 5101. State agricultural mediation programs. Sec. 5102. Loans to purchasers of highly fractionated land. Sec. 5103. Removal of duplicative appraisals. Sec. 5104. Compensation disclosure by Farm Credit System institutions. TITLE VI—Rural Development Subtitle A—Reorganization of the Consolidated Farm and Rural Development Act Sec. 6001. Reorganization of the Consolidated Farm and Rural Development Act. Sec. 6002. Conforming amendments. Subtitle B—Rural electrification Sec. 6101. Definition of rural area. Sec. 6102. Guarantees for bonds and notes issued for electrification or telephone purposes. Sec. 6103. Expansion of 911 access. Sec. 6104. Access to broadband telecommunications services in rural areas. Subtitle C—Miscellaneous Sec. 6201. Distance learning and telemedicine. Sec. 6202. Definition of rural area for purposes of the Housing Act of 1949. Sec. 6203. Rural energy savings program. Sec. 6204. Funding of pending rural development loan and grant applications. Sec. 6205. Study of rural transportation issues. Sec. 6206. Agricultural transportation policy. Sec. 6207. Value-added agricultural market development program grants. TITLE VII—Research, Extension, and Related Matters Subtitle A—National Agricultural Research, Extension, and Teaching Policy Act of 1977 Sec. 7101. National Agricultural Research, Extension, Education, and Economics Advisory Board. Sec. 7102. Specialty crop committee. Sec. 7103. Veterinary services grant program. Sec. 7104. Grants and fellowships for food and agriculture sciences education. Sec. 7105. Agricultural and food policy research centers. Sec. 7106. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions. Sec. 7107. Nutrition education program. Sec. 7108. Continuing animal health and disease research programs. Sec. 7109. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University. Sec. 7110. Grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions. Sec. 7111. Hispanic-serving institutions. Sec. 7112. Competitive grants for international agricultural science and education programs. Sec. 7113. University research. Sec. 7114. Extension service. Sec. 7115. Supplemental and alternative crops. Sec. 7116. Capacity building grants for NLGCA institutions. Sec. 7117. Aquaculture assistance programs. Sec. 7118. Rangeland research programs. Sec. 7119. Special authorization for biosecurity planning and response. Sec. 7120. Distance education and resident instruction grants program for insular area institutions of higher education. Subtitle B—Food, Agriculture, Conservation, and Trade Act of 1990 Sec. 7201. Best utilization of biological applications. Sec. 7202. Integrated management systems. Sec. 7203. Sustainable agriculture technology development and transfer program. Sec. 7204. National Training Program. Sec. 7205. National Genetics Resources Program. Sec. 7206. National Agricultural Weather Information System. Sec. 7207. Agricultural Genome Initiative. Sec. 7208. High-priority research and extension initiatives. Sec. 7209. Organic agriculture research and extension initiative. Sec. 7210. Farm business management. Sec. 7211. Regional centers of excellence. Sec. 7212. Assistive technology program for farmers with disabilities. Sec. 7213. National rural information center clearinghouse. Subtitle C—Agricultural Research, Extension, and Education Reform Act of 1998 Sec. 7301. Relevance and merit of agricultural research, extension, and education funded by the Department. Sec. 7302. Integrated research, education, and extension competitive grants program. Sec. 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica. Sec. 7304. Grants for youth organizations. Sec. 7305. Specialty crop research initiative. Sec. 7306. Food animal residue avoidance database program. Sec. 7307. Office of pest management policy. Sec. 7308. Authorization of regional integrated pest management centers. Subtitle D—Other Laws Sec. 7401. Critical Agricultural Materials Act. Sec. 7402. Equity in Educational Land-Grant Status Act of 1994 . Sec. 7403. Research Facilities Act. Sec. 7404. Competitive, Special, and Facilities Research Grant Act. Sec. 7405. Enhanced use lease authority pilot program under Department of Agriculture Reorganization Act of 1994. Sec. 7406. Renewable Resources Extension Act of 1978 . Sec. 7407. National Aquaculture Act of 1980 . Sec. 7408. Beginning farmer and rancher development program under Farm Security and Rural Investment Act of 2002 . Subtitle E—Food, Conservation, and Energy Act of 2008 Part I—Agricultural Security Sec. 7501. Agricultural biosecurity communication center. Sec. 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response. Sec. 7503. Research and development of agricultural countermeasures. Sec. 7504. Agricultural biosecurity grant program. Part II—Miscellaneous Sec. 7511. Grazinglands research laboratory. Sec. 7512. Budget submission and funding. Sec. 7513. Natural products research program. Sec. 7514. Sun grant program. Subtitle F—Miscellaneous Sec. 7601. Foundation for Food and Agriculture Research. Sec. 7602. Agricultural and food law research, legal tools, and information. TITLE VIII—Forestry Subtitle A—Repeal of certain forestry programs Sec. 8001. Forest land enhancement program. Sec. 8002. Hispanic-serving institution agricultural land national resources leadership program. Sec. 8003. Tribal watershed forestry assistance program. Subtitle B—Reauthorization of Cooperative Forestry Assistance Act of 1978 programs Sec. 8101. State-wide assessment and strategies for forest resources. Subtitle C—Reauthorization of other forestry-Related laws Sec. 8201. Rural revitalization technologies. Sec. 8202. Office of International Forestry. Sec. 8203. Insect and disease infestation. Sec. 8204. Stewardship end result contracting projects. Sec. 8205. Healthy forests reserve program. Subtitle D—Miscellaneous provisions Sec. 8301. McIntire-Stennis Cooperative Forestry Act. Sec. 8302. Revision of strategic plan for forest inventory and analysis. Sec. 8303. Reimbursement of fire funds. TITLE IX—Energy Sec. 9001. Definitions. Sec. 9002. Biobased markets program. Sec. 9003. Biorefinery, renewable chemical, and biobased product manufacturing assistance. Sec. 9004. Bioenergy program for advanced biofuels. Sec. 9005. Biodiesel fuel education program. Sec. 9006. Rural Energy for America Program. Sec. 9007. Biomass research and development. Sec. 9008. Feedstock flexibility program for bioenergy producers. Sec. 9009. Biomass Crop Assistance Program. Sec. 9010. Repeal of forest biomass for energy. Sec. 9011. Community wood energy program. Sec. 9012. Repeal of renewable fertilizer study. TITLE X—Horticulture Sec. 10001. Specialty crops market news allocation. Sec. 10002. Repeal of grant program to improve movement of specialty crops. Sec. 10003. Farmers market and local food promotion program. Sec. 10004. Study on local food production and program evaluation. Sec. 10005. Organic agriculture. Sec. 10006. Food safety education initiatives. Sec. 10007. Coordinated plant management program. Sec. 10008. Specialty crop block grants. Sec. 10009. Recordkeeping, investigations, and enforcement. Sec. 10010. Report on honey. Sec. 10011. Removal of AMS inspection authority over apples in bulk bins. Sec. 10012. Organic product promotion orders. Sec. 10013. Effective date. TITLE XI—Crop insurance Sec. 11001. Supplemental coverage option. Sec. 11002. Crop margin coverage option. Sec. 11003. Premium amounts for catastrophic risk protection. Sec. 11004. Permanent enterprise unit. Sec. 11005. Enterprise units for irrigated and nonirrigated crops. Sec. 11006. Data collection. Sec. 11007. Adjustment in actual production history to establish insurable yields. Sec. 11008. Submission and review of policies. Sec. 11009. Board review and approval. Sec. 11010. Consultation. Sec. 11011. Budget limitations on renegotiation of the Standard Reinsurance Agreement. Sec. 11012. Test weight for corn. Sec. 11013. Stacked Income Protection Plan for producers of upland cotton. Sec. 11014. Peanut revenue crop insurance. Sec. 11015. Authority to correct errors. Sec. 11016. Implementation. Sec. 11017. Crop insurance fraud. Sec. 11018. Approval of costs for research and development. Sec. 11019. Whole farm risk management insurance. Sec. 11020. Study of food safety insurance. Sec. 11021. Crop insurance for livestock. Sec. 11022. Margin coverage for catfish. Sec. 11023. Poultry business disruption insurance policy. Sec. 11024. Study of crop insurance for seafood harvesters. Sec. 11025. Biomass and sweet sorghum energy crop insurance policies. Sec. 11026. Alfalfa crop insurance policy. Sec. 11027. Crop insurance for organic crops. Sec. 11028. Research and development. Sec. 11029. Pilot programs. Sec. 11030. Index-based weather insurance pilot program. Sec. 11031. Enhancing producer self-help through farm financial benchmarking. Sec. 11032. Beginning farmer and rancher provisions. Sec. 11033. Limitation on premium subsidy based on average adjusted gross income. Sec. 11034. Agricultural management assistance, risk management education, and organic certification cost share assistance. Sec. 11035. Crop production on native sod. Sec. 11036. Technical amendments. Sec. 11037. Greater accessibility for crop insurance. Sec. 11038. GAO crop insurance fraud report. TITLE XII—Miscellaneous Subtitle A—Socially disadvantaged producers and limited resource producers Sec. 12001. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers. Sec. 12002. Socially disadvantaged farmers and ranchers policy research center. Sec. 12003. Office of Advocacy and Outreach. Subtitle B—Livestock Sec. 12101. Wildlife reservoir zoonotic disease initiative. Sec. 12102. Trichinae certification program. Sec. 12103. National Aquatic Animal Health Plan. Sec. 12104. Sheep production and marketing grant program. Sec. 12105. Feral swine eradication pilot program. Sec. 12106. National animal health laboratory network. Sec. 12107. National poultry improvement plan (NPIP). Subtitle C—Other miscellaneous provisions Sec. 12201. Military Veterans Agricultural Liaison. Sec. 12202. Information gathering. Sec. 12203. Grants to improve supply, stability, safety, and training of agricultural labor force. Sec. 12204. Noninsured crop assistance program. Sec. 12205. Bioenergy coverage in noninsured crop assistance program. Sec. 12206. Regional economic and infrastructure development. Sec. 12207. Office of Tribal Relations. Sec. 12208. Acer access and development program. Sec. 12209. Prohibition on attending an animal fight or causing a minor to attend an animal fight; enforcement of animal fighting provisions. Sec. 12210. Pima cotton trust fund. Sec. 12211. Agriculture wool apparel manufacturers trust fund. Sec. 12212. Citrus disease research and development trust fund. 2. Definition of Secretary In this Act, the term Secretary means the Secretary of Agriculture. I Commodity programs A Repeals and reforms 1101. Repeal of direct payments (a) Repeal Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 , 8753) are repealed. (b) Continued application for 2013 crop year Sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 , 8753), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )) (except pulse crops) and peanuts on a farm. 1102. Repeal of counter-cyclical payments (a) Repeal Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8714 , 8754) are repealed. (b) Continued application for 2013 crop year Sections 1104 and 1304 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8714 , 8754), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )) and peanuts on a farm. 1103. Repeal of average crop revenue election program (a) Repeal Section 1105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8715 ) is repealed. (b) Continued application for 2013 crop year Section 1105 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8715 ), as in effect on the day before the date of enactment of this Act, shall continue to apply through the 2013 crop year with respect to all covered commodities (as defined in section 1001 of that Act ( 7 U.S.C. 8702 )) and peanuts on a farm for which the irrevocable election under section 1105 of that Act is made before the date of enactment of this Act. 1104. Definitions In this subtitle, subtitle B, and subtitle F: (1) Actual crop revenue The term actual crop revenue , with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1108(c)(3). (2) Adverse market payment The term adverse market payment means a payment made to producers on a farm under section 1107. (3) Agriculture risk coverage guarantee The term agriculture risk coverage guarantee , with respect to a covered commodity for a crop year, means the amount determined by the Secretary under section 1108(c)(4). (4) Agriculture risk coverage payment The term agriculture risk coverage payment means a payment under section 1108(c). (5) Average individual yield The term average individual yield means the yield reported by a producer for purposes of subtitle A of the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), to the maximum extent practicable. (6) Base acres The term base acres , with respect to a covered commodity on a farm, means the number of acres established under section 1101 or 1302 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911 , 7952) as in effect on the date of enactment of this Act, subject to any adjustment under section 1105 of this Act. (7) County coverage For the purposes of agriculture risk coverage under section 1108, the term county coverage means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average county yield described in subsection (c) of that section. (8) Covered commodity (A) In general The term covered commodity means wheat, corn, grain sorghum, barley, oats, long grain rice, medium grain rice, pulse crops, soybeans, other oilseeds, and peanuts. (B) Popcorn The Secretary— (i) shall study the feasibility of including popcorn as a covered commodity by 2014; and (ii) if the Secretary determines it to be feasible, shall designate popcorn as a covered commodity. (9) Eligible acres (A) In general Except as provided in subparagraphs (B) through (D), the term eligible acres means all acres planted or prevented from being planted to all covered commodities on a farm in any crop year. (B) Maximum Except as provided in subparagraph (C), the total quantity of eligible acres on a farm determined under subparagraph (A) shall not exceed the average total acres planted or prevented from being planted to covered commodities and upland cotton on the farm for the 2009 through 2012 crop years, as determined by the Secretary. (C) Adjustment The Secretary shall provide for an adjustment, as appropriate, in the eligible acres for covered commodities for a farm if any of the following circumstances occurs: (i) If a conservation reserve contract for a farm in a county entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) expires or is voluntarily terminated or cropland is released from coverage under a conservation reserve contract, the Secretary shall provide for an adjustment, as appropriate, in the eligible acres for the farm to a total quantity that is the higher of— (I) the total base acreage for the farm, less any upland cotton base acreage, that was suspended during the conservation reserve contract; or (II) the product obtained by multiplying— (aa) the average proportion that— (AA) the total number of acres planted to covered commodities and upland cotton in the county for crop years 2009 through 2012; bears to (BB) the total number of all acres of covered commodities, grassland, and upland cotton acres in the county for the same crop years; by (bb) the total acres for which coverage has expired, voluntarily terminated, or been released under the conservation reserve contract. (ii) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(1)(D) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8711(a)(1)(D)). (iii) The producer has any acreage not cropped during the 2009 through 2012 crop years, but placed into an established rotation practice for the purposes of enriching land or conserving moisture for subsequent crop years, including summer fallow, as determined by the Secretary. (D) Exclusion The term eligible acres does not include any crop subsequently planted during the same crop year on the same land for which the first crop is eligible for payments under this subtitle, unless the crop was planted in an area approved for double cropping, as determined by the Secretary. (10) Extra long staple cotton The term extra long staple cotton means cotton that— (A) is produced from pure strain varieties of the Barbadense species or any hybrid of the species, or other similar types of extra long staple cotton, designated by the Secretary, having characteristics needed for various end uses for which United States upland cotton is not suitable and grown in irrigated cotton-growing regions of the United States designated by the Secretary or other areas designated by the Secretary as suitable for the production of the varieties or types; and (B) is ginned on a roller-type gin or, if authorized by the Secretary, ginned on another type gin for experimental purposes. (11) Individual coverage For purposes of agriculture risk coverage under section 1108, the term individual coverage means coverage determined using the total quantity of all acreage in a county of the covered commodity that is planted or prevented from being planted for harvest by a producer with the yield determined by the average individual yield of the producer described in subsection (c) of that section. (12) Medium grain rice The term medium grain rice includes short grain rice. (13) Other oilseed The term other oilseed means a crop of sunflower seed, rapeseed, canola, safflower, flaxseed, mustard seed, crambe, sesame seed, or any oilseed designated by the Secretary. (14) Payment acres The term payment acres means, in the case of adverse market payments, 85 percent of the base acres for a covered commodity on a farm on which adverse market payments are made. (15) Payment yield The term payment yield means the yield established for adverse market payments under section 1102 or 1302 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 , 7952) as in effect on the date of enactment of this Act, or under section 1106 of this Act, for a farm for a covered commodity. (16) Producer (A) In general The term producer means an owner, operator, landlord, tenant, or sharecropper that shares in the risk of producing a crop and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. (B) Hybrid seed In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the existence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this title. (17) Pulse crop The term pulse crop means dry peas, lentils, small chickpeas, and large chickpeas. (18) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (19) Reference price The term reference price means the price per bushel, pound, or hundredweight (or other appropriate unit) of a covered commodity used to determine the payment rate for adverse market payments. (20) Transitional yield The term transitional yield has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). (21) United States The term United States , when used in a geographical sense, means all of the States. (22) United States premium factor The term United States Premium Factor means the percentage by which the difference in the United States loan schedule premiums for Strict Middling (SM) 1 1/8 -inch upland cotton and for Middling (M) 1 3/32 -inch upland cotton exceeds the difference in the applicable premiums for comparable international qualities. 1105. Base acres (a) Adjustment of base acres (1) In general The Secretary shall provide for an adjustment, as appropriate, in the base acres for covered commodities for a farm whenever any of the following circumstances occurs: (A) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) with respect to the farm expires or is voluntarily terminated, or was terminated or expired during the period beginning on October 1, 2012, and ending on the date of enactment of this Act. (B) Cropland is released from coverage under a conservation reserve contract by the Secretary, or was released during the period beginning on October 1, 2012, and ending on the date of enactment of this Act. (C) The producer has eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911(a)(2) ). (D) The producer has eligible oilseed acreage as the result of the Secretary designating additional oilseeds, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). (2) Special conservation reserve acreage payment rules For the crop year in which a base acres adjustment under subparagraph (A) or (B) of paragraph (1) is first made, the producer on the farm shall elect to receive either adverse market payments with respect to the acreage added to the farm under this subsection or a prorated payment under the conservation reserve contract, but not both. (3) Optional adjustment (A) Election (i) In general For the purpose of making adverse market payments, the Secretary shall give a producer on a farm a 1-time opportunity to adjust the peanut base acres on the farm. (ii) Notice As soon as practicable after the date of enactment of this Act, the Secretary shall provide notice of the election described in clause (i) to producers on farms with peanut base acres, including— (I) the manner in which the election is to be transmitted to the Secretary; (II) a deadline for transmission; and (III) notification that the election is a 1-time opportunity. (iii) Effect of failure to make election If the producer on a farm fails to notify the Secretary of an election by the deadline described in clause (ii), the producer shall be considered to have not elected to update the peanut base acres on the farm. (B) Calculation (i) In general If the producer on a farm makes the election described in subparagraph (A), the base acres for peanuts on the farm established pursuant to section 1302 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7952 ) shall be equal to the average acreage planted on the farm to peanuts for harvest or similar purposes for the 2009 through 2012 crop years, as determined by the Secretary. (ii) Inclusions In making the calculation described in clause (i), the Secretary shall include— (I) any acreage on the farm that the producer was prevented from planting to peanuts during the 2009 through 2012 crop years because of drought, flood, or other natural disaster, or other condition beyond the control of the producer; (II) any crop year in which peanuts were not planted on the farm; and (III) any adjustment, as appropriate, whenever either of the following occurs: (aa) A conservation reserve contract entered into under section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) with respect to the peanut base acres on the farm expires or is voluntarily terminated. (bb) Peanut cropland is released from coverage under a conservation reserve contract by the Secretary. (C) Limit (i) In general If the producer on a farm makes the election described in subparagraph (A), the Secretary shall ensure that the adjustment does not result in a net increase in the total base acres for the farm (including the upland cotton base acres described in subsection (e)). (ii) Reduction required If the adjustment in base acres made pursuant to an election described in subparagraph (A) results in a net increase in the total base acres of all covered commodities and upland cotton on the farm, the Secretary shall reduce the base acres on the farm for all covered commodities (other than peanuts) and upland cotton proportionately, as determined by the Secretary. (b) Prevention of excess base acres (1) Required reduction If the sum of the base acres for a farm, together with the acreage described in paragraph (2), exceeds the actual cropland acreage of the farm, the Secretary shall reduce the base acres for 1 or more covered commodities for the farm so that the sum of the base acres and acreage described in paragraph (2) does not exceed the actual cropland acreage of the farm. (2) Other acreage For purposes of paragraph (1), the Secretary shall include the following: (A) Any acreage on the farm enrolled in the conservation reserve program or agricultural conservation easement program under subchapter B of chapter 1 of subtitle D and subtitle H, respectively, of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ). (B) Any other acreage on the farm enrolled in a Federal conservation program for which payments are made in exchange for not producing an agricultural commodity on the acreage. (C) Any eligible pulse crop acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7911(a)(2)). (D) If the Secretary designates additional oilseeds, any eligible oilseed acreage, which shall be determined in the same manner as eligible oilseed acreage under section 1101(a)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7911(a)(2) ). (3) Selection of acres The Secretary shall give the producer on the farm the opportunity to select the base acres for a covered commodity for the farm against which the reduction required by paragraph (1) will be made. (4) Exception for double-cropped acreage In applying paragraph (1), the Secretary shall make an exception in the case of double cropping, as determined by the Secretary. (c) Reduction in base acres (1) Reduction at option of producer (A) In general The producer on a farm may reduce, at any time, the base acres for any covered commodity for the farm. (B) Effect of reduction A reduction under subparagraph (A) shall be permanent and made in a manner prescribed by the Secretary. (2) Required action by Secretary (A) In general The Secretary shall proportionately reduce base acres on a farm for covered commodities for land that has been subdivided and developed for multiple residential units or other nonfarming uses if the size of the tracts and the density of the subdivision is such that the land is unlikely to return to the previous agricultural use, unless the producers on the farm demonstrate that the land— (i) remains devoted to commercial agricultural production; or (ii) is likely to be returned to the previous agricultural use. (B) Requirement The Secretary shall establish procedures to identify land described in subparagraph (A). (3) Review and report Each year, to ensure, to the maximum extent practicable, that payments are received only by producers, the Secretary shall submit to Congress a report that describes the results of the actions taken under paragraph (2). (d) Treatment of farms with limited base acres (1) Prohibition on payments Except as provided in paragraph (2) and notwithstanding any other provision of this title, a producer on a farm may not receive adverse market payments if the sum of the base acres of the farm is 10 acres or less, as determined by the Secretary. (2) Exceptions Paragraph (1) shall not apply to a farm owned or operated by— (A) a socially disadvantaged farmer (as defined in section 3002 of the Consolidated Farm and Rural Development Act); or (B) a limited resource farmer or rancher, as defined by the Secretary. (3) Data collection and publication The Secretary shall— (A) collect and publish segregated data and survey information about farm profiles, utilization of land, and crop production; and (B) perform an evaluation on the supply and price of fruits and vegetables based on the effects of suspension of base acres under this section. (e) Treatment of farms with upland cotton base acres The Secretary shall maintain a record of farms with upland cotton base acres in effect on the day before the date of enactment of this Act. 1106. Payment yields (a) Designated oilseed or eligible pulse crop (1) Adjustment For the purpose of making adverse market payments under this subtitle, the Secretary shall provide for the establishment of a yield for each farm for any designated oilseed or eligible pulse crop for which a payment yield was not established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ) in accordance with this section. (2) Payment yields for designated oilseeds and eligible pulse crops (A) Determination of average yield In the case of designated oilseeds and eligible pulse crops, the Secretary shall determine the average yield per planted acre for the designated oilseed or pulse crop on a farm for the 1998 through 2001 crop years, excluding any crop year in which the acreage planted to the designated oilseed or pulse crop was zero. (B) Adjustment for payment yield (i) In general The payment yield for a farm for a designated oilseed or eligible pulse crop shall be equal to the product of the following: (I) The average yield for the designated oilseed or pulse crop determined under subparagraph (A). (II) The ratio resulting from dividing the national average yield for the designated oilseed or pulse crop for the 1981 through 1985 crops by the national average yield for the designated oilseed or pulse crop for the 1998 through 2001 crops. (ii) No national average yield information available To the extent that national average yield information for a designated oilseed or pulse crop is not available, the Secretary shall use such information as the Secretary determines to be fair and equitable to establish a national average yield under this section. (C) Use of partial county average yield If the yield per planted acre for a crop of a designated oilseed or pulse crop for a farm for any of the 1998 through 2001 crop years was less than 75 percent of the county yield for that designated oilseed or pulse crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for the purpose of determining the average under subparagraph (A). (D) No historic yield data available In the case of establishing yields for designated oilseeds and eligible pulse crops, if historic yield data is not available, the Secretary shall use the ratio for dry peas calculated under subparagraph (B)(i)(II) in determining the yields for designated oilseeds and eligible pulse crops, as determined to be fair and equitable by the Secretary. (b) Rice (1) Adjustment For the purpose of making adverse market payments under this subtitle, the Secretary shall give a producer on a farm a 1-time opportunity to adjust the payment yield for base acres of rice on the farm that was established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ). (2) Election (A) Notice As soon as practicable after the date of enactment of this Act, the Secretary shall provide notice of the election described in paragraph (1) to producers on farms with rice base acres, including— (i) the manner in which the election is to be transmitted to the Secretary; (ii) a deadline for transmission; and (iii) notification that the election is a 1-time opportunity. (B) Effect of failure to make election If the producer on a farm fails to notify the Secretary of an election by the deadline described in subparagraph (A), the producer shall be considered to have not elected to update the payment yields for base acres of rice on the farm. (3) Calculation (A) In general If the producer on a farm makes the election described in paragraph (2), the Secretary shall adjust the payment yields for the base acres of rice using an average yield described in subparagraph (B) and adjustment described in subparagraph (C). (B) Determination of average yield Subject to subparagraph (D), the Secretary shall determine the average yield per planted acre for the rice on the farm for the 2009 through 2012 crop years, excluding any crop year in which the acreage planted to rice was zero. (C) Determination of adjustment The Secretary shall adjust the payment yield for the base acres of rice on the farm that was established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ) in accordance with the following: (i) In a case in which less than 50 percent of the rice base acres on the farm were planted to rice, on average, during the 2009 through 2012 crop years, the adjustment shall be equal to the sum obtained by adding to the payment yield— (I) the product obtained by multiplying— (aa) the difference between the average yield and the payment yield; by (bb) the percent of rice planted on the base acres of rice on the farm, on average. (ii) In a case in which more than 50 percent of the rice base acres on the farm were planted to rice, on average, during the 2009 through 2012 crop years, the payment yield shall be equal to the product obtained by multiplying— (I) the average yield; by (II) 90 percent. (D) Use of partial county average yield If the yield per planted acre for a crop of rice for a farm for any of the 2009 through 2012 crop years was less than 75 percent of the county yield for that rice crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for purposes of determining the average under subparagraph (B). (c) Peanuts (1) Adjustment If the producer on a farm elects to adjust the peanut base acres for the farm pursuant to section 1105, the Secretary shall adjust the payment yields for the base acres of peanuts for purposes of making adverse market payments. (2) Calculation Notwithstanding the payment yields established under section 1102 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 7912 ), the payment yield for the base acres of peanuts adjusted pursuant to section 1105 shall be the average yield per planted acre for such base acres for the 2009 through 2012 crop years, excluding any crop year in which the acreage planted to peanuts was zero. (3) Use of partial county average yield If the yield per planted acre for a crop of peanuts for a farm for any of the 2009 through 2012 crop years was less than 75 percent of the county yield for that peanut crop, the Secretary shall assign a yield for that crop year equal to 75 percent of the county yield for purposes of determining the average under paragraph (2). 1107. Availability of adverse market payments (a) Payment required For each of the 2014 through 2018 crop years for each covered commodity, the Secretary shall make adverse market payments to producers on farms for which payment yields and base acres are established with respect to the covered commodity if the Secretary determines that the actual price for the covered commodity is less than the reference price for the covered commodity. (b) Actual price (1) Covered commodities other than rice Except as provided in paragraph (2), for purposes of subsection (a), the actual price for a covered commodity is equal to the higher of the following: (A) The national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary. (B) The national average loan rate for a marketing assistance loan for the covered commodity in effect for the applicable period under subtitle B. (2) Rice In the case of long grain rice and medium grain rice, for purposes of subsection (a), the actual price for each type or class of rice is equal to the higher of the following: (A) The national average market price received by producers during the 12-month marketing year for the type or class of rice, as determined by the Secretary. (B) The national average loan rate for a marketing assistance loan for the type or class of rice in effect for the applicable period under subtitle B. (c) Reference price The reference price for a covered commodity shall be determined as follows: (1) In general Subject to paragraph (2), the reference price for a covered commodity shall be the product obtained by multiplying— (A) 55 percent; by (B) the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. (2) Alternative price for rice and peanuts In the case of long and medium grain rice and peanuts, the reference price shall be— (A) in the case of long and medium grain rice, $13.30 per hundredweight; and (B) in the case of peanuts, $523.77 per ton. (d) Payment rate The payment rate used to make adverse market payments with respect to a covered commodity for a crop year shall be equal to the amount that— (1) the reference price under subsection (c) for the covered commodity; exceeds (2) the actual price determined under subsection (b) for the covered commodity. (e) Payment amount If adverse market payments are required to be paid under this section for any of the 2014 through 2018 crop years of a covered commodity, the amount of the adverse market payment to be paid to the producers on a farm for that crop year shall be equal to the product of the following: (1) The payment rate specified in subsection (d). (2) The payment acres of the covered commodity on the farm. (3) The payment yield for the covered commodity for the farm. (f) Duties of the Secretary ln carrying out the calculations in subsections (b) and (c), the Secretary shall differentiate by type or class the national average price of— (1) sunflower seeds; (2) barley, using malting barley values; and (3) wheat. (g) Time for payments If the Secretary determines under subsection (a) that adverse market payments are required to be made under this section for the crop of a covered commodity, beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity, the Secretary shall make the adverse market payments for the crop. 1108. Agriculture risk coverage (a) Payments required If the Secretary determines that payments are required under subsection (c), the Secretary shall make payments for each covered commodity available to producers in accordance with this section. (b) Coverage election (1) In general For the period of crop years 2014 through 2018, the producers shall make a 1-time, irrevocable election to receive— (A) individual coverage under this section, as determined by the Secretary; or (B) in the case of a county with sufficient data (as determined by the Secretary), county coverage under this section. (2) Effect of election The election made under paragraph (1) shall be binding on the producers making the election, regardless of covered commodities planted, and applicable to all acres under the operational control of the producers, in a manner that— (A) acres brought under the operational control of the producers after the election are included; and (B) acres no longer under the operational control of the producers after the election are no longer subject to the election of the producers but become subject to the election of the subsequent producers. (3) Duties of the Secretary The Secretary shall ensure that producers are precluded from taking any action, including reconstitution, transfer, or other similar action, that would have the effect of altering or reversing the election made under paragraph (1). (c) Agriculture risk coverage (1) Payments The Secretary shall make agriculture risk coverage payments available under this subsection for each of the 2014 through 2018 crop years if the Secretary determines that— (A) the actual crop revenue for the crop year for the covered commodity; is less than (B) the agriculture risk coverage guarantee for the crop year for the covered commodity. (2) Time for payments If the Secretary determines under this subsection that agriculture risk coverage payments are required to be made for the covered commodity, beginning October 1, or as soon as practicable thereafter, after the end of the applicable marketing year for the covered commodity, the Secretary shall make the agriculture risk coverage payments. (3) Actual crop revenue The amount of the actual crop revenue for a crop year of a covered commodity shall be equal to the product obtained by multiplying— (A) (i) in the case of individual coverage, the actual average individual yield for the covered commodity, as determined by the Secretary; or (ii) in the case of county coverage, the actual average yield for the county for the covered commodity, as determined by the Secretary; and (B) the higher of— (i) the national average market price received by producers during the 12-month marketing year for the covered commodity, as determined by the Secretary; or (ii) if applicable, the reference price for the covered commodity under section 1107. (4) Agriculture risk coverage guarantee (A) In general The agriculture risk coverage guarantee for a crop year for a covered commodity shall equal 88 percent of the benchmark revenue. (B) Benchmark revenue (i) In general The benchmark revenue shall be the product obtained by multiplying— (I) (aa) in the case of individual coverage, subject to clause (ii), the average individual yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; or (bb) in the case of county coverage, the average county yield, as determined by the Secretary, for the most recent 5 crop years, excluding each of the crop years with the highest and lowest yields; and (II) the average national marketing year average price for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices. (ii) Use of transitional yields If the yield determined under clause (i)(I)(aa)— (I) for the 2013 crop year or any prior crop year, is less than 60 percent of the applicable transitional yield, the Secretary shall use 60 percent of the applicable transitional yield for that crop year; and (II) for the 2014 crop year and any subsequent crop year, is less than 65 percent of the applicable transitional yield, the Secretary shall use 65 percent of the applicable transitional yield for that crop year. (5) Payment rate The payment rate for each covered commodity shall be equal to the lesser of— (A) the amount that— (i) the agriculture risk coverage guarantee for the covered commodity; exceeds (ii) the actual crop revenue for the crop year of the covered commodity; or (B) 10 percent of the benchmark revenue for the crop year of the covered commodity. (6) Payment amount If agriculture risk coverage payments under this subsection are required to be paid for any of the 2014 through 2018 crop years of a covered commodity, the amount of the agriculture risk coverage payment for the crop year shall be equal to the product obtained by multiplying— (A) the payment rate under paragraph (5); and (B) (i) in the case of individual coverage the sum of— (I) 65 percent of the planted eligible acres of the covered commodity; and (II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity; or (ii) in the case of county coverage— (I) 80 percent of the planted eligible acres of the covered commodity; and (II) 45 percent of the eligible acres that were prevented from being planted to the covered commodity. (7) Duties of the Secretary In carrying out the program under this subsection, the Secretary shall— (A) to the maximum extent practicable, use all available information and analysis to check for anomalies in the determination of payments under the program; (B) to the maximum extent practicable, calculate a separate actual crop revenue and agriculture risk coverage guarantee for irrigated and nonirrigated covered commodities; (C) differentiate by type or class the national average price of— (i) sunflower seeds; (ii) barley, using malting barley values; and (iii) wheat; and (D) assign a yield for each acre planted or prevented from being planted for the crop year for the covered commodity on the basis of the yield history of representative farms in the State, region, or crop reporting district, as determined by the Secretary, if the Secretary cannot establish the yield as determined under paragraph (3)(A)(ii) or (4)(B)(i) or if the yield determined under paragraph (3)(A)(ii) or (4) is an unrepresentative average yield for the covered commodity as determined by the Secretary. 1109. Producer agreement required as condition of provision of payments (a) Compliance with certain requirements (1) Requirements Before the producers on a farm may receive agriculture risk coverage payments or adverse market payments, the producers shall agree, during the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.); (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and (D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C). (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with the requirements of paragraph (1). (3) Modification At the request of the transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the objectives of this subsection, as determined by the Secretary. (b) Transfer or change of interest in farm (1) Termination (A) In general Except as provided in paragraph (2), a transfer of (or change in) the interest of the producers on a farm for which agriculture risk coverage payments or adverse market payments are made shall result in the termination of the payments, unless the transferee or owner of the acreage agrees to assume all obligations under subsection (a). (B) Effective date The termination shall take effect on the date determined by the Secretary. (2) Exception If a producer entitled to an agriculture risk coverage payment or adverse market payment dies, becomes incompetent, or is otherwise unable to receive the payment, the Secretary shall make the payment, in accordance with rules issued by the Secretary. (c) Reports (1) Acreage reports As a condition on the receipt of any benefits under this subtitle or subtitle B, the Secretary shall require producers on a farm to submit to the Secretary annual acreage reports with respect to all cropland on the farm. (2) Production reports As a condition on the receipt of any benefits under section 1108, the Secretary shall require producers on a farm to submit to the Secretary annual production reports with respect to all covered commodities produced on the farm. (3) Penalties No penalty with respect to benefits under this subtitle or subtitle B shall be assessed against the producers on a farm for an inaccurate acreage or production report unless the producers on the farm knowingly and willfully falsified the acreage or production report. (4) Data reporting To the maximum extent practicable, the Secretary shall use data reported by the producer pursuant to requirements under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) to meet the obligations described in paragraphs (1) and (2), without additional submissions to the Department. (d) Tenants and sharecroppers In carrying out this subtitle, the Secretary shall provide adequate safeguards to protect the interests of tenants and sharecroppers. (e) Sharing of payments The Secretary shall provide for the sharing of adverse market payments and agriculture risk coverage payments among the producers on a farm on a fair and equitable basis. 1110. Period of effectiveness Sections 1104 through 1109 shall be effective beginning with the 2014 crop year of each covered commodity through the 2018 crop year. B Marketing assistance loans and loan deficiency payments 1201. Availability of nonrecourse marketing assistance loans for loan commodities (a) Definition of loan commodity In this subtitle, the term loan commodity means wheat, corn, grain sorghum, barley, oats, upland cotton, extra long staple cotton, long grain rice, medium grain rice, peanuts, soybeans, other oilseeds, graded wool, nongraded wool, mohair, honey, dry peas, lentils, small chickpeas, and large chickpeas. (b) Nonrecourse loans available (1) In general For each of the 2014 through 2018 crops of each loan commodity, the Secretary shall make available to producers on a farm nonrecourse marketing assistance loans for loan commodities produced on the farm. (2) Terms and conditions The marketing assistance loans shall be made under terms and conditions that are prescribed by the Secretary and at the loan rate established under section 1202 for the loan commodity. (c) Eligible production The producers on a farm shall be eligible for a marketing assistance loan under subsection (b) for any quantity of a loan commodity produced on the farm. (d) Compliance with conservation and wetlands requirements (1) Requirements Before the producers on a farm may receive a marketing assistance loan or any other payment or benefit under this subtitle, the producers shall agree, for the crop year for which the payments are made and in exchange for the payments— (A) to comply with applicable conservation requirements under subtitle B of title XII of the Food Security Act of 1985 (16 U.S.C. 3811 et seq.); (B) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.); (C) to use the land on the farm for an agricultural or conserving use in a quantity equal to the attributable eligible acres of the farm, and not for a nonagricultural commercial, industrial, or residential use, as determined by the Secretary; and (D) to effectively control noxious weeds and otherwise maintain the land in accordance with sound agricultural practices, as determined by the Secretary, if the agricultural or conserving use involves the noncultivation of any portion of the land referred to in subparagraph (C). (2) Compliance The Secretary may issue such rules as the Secretary considers necessary to ensure producer compliance with paragraph (1). (3) Modification At the request of a transferee or owner, the Secretary may modify the requirements of this subsection if the modifications are consistent with the purposes of this subsection, as determined by the Secretary. (e) Special rules for peanuts (1) In general This subsection shall apply only to producers of peanuts. (2) Options for obtaining loan A marketing assistance loan under this section, and loan deficiency payments under section 1205, may be obtained at the option of the producers on a farm through— (A) a designated marketing association or marketing cooperative of producers that is approved by the Secretary; or (B) the Farm Service Agency. (3) Storage of loan peanuts As a condition on the approval by the Secretary of an individual or entity to provide storage for peanuts for which a marketing assistance loan is made under this section, the individual or entity shall agree— (A) to provide the storage on a nondiscriminatory basis; and (B) to comply with such additional requirements as the Secretary considers appropriate to accomplish the purposes of this section and promote fairness in the administration of the benefits of this section. (4) Storage, handling, and associated costs (A) In general To ensure proper storage of peanuts for which a loan is made under this section, the Secretary shall pay handling and other associated costs (other than storage costs) incurred at the time at which the peanuts are placed under loan, as determined by the Secretary. (B) Redemption and forfeiture The Secretary shall— (i) require the repayment of handling and other associated costs paid under subparagraph (A) for all peanuts pledged as collateral for a loan that is redeemed under this section; and (ii) pay storage, handling, and other associated costs for all peanuts pledged as collateral that are forfeited under this section. (5) Marketing A marketing association or cooperative may market peanuts for which a loan is made under this section in any manner that conforms to consumer needs, including the separation of peanuts by type and quality. (6) Reimbursable agreements and payment of administrative expenses The Secretary may implement any reimbursable agreements or provide for the payment of administrative expenses under this subsection only in a manner that is consistent with those activities in regard to other loan commodities. 1202. Loan rates for nonrecourse marketing assistance loans (a) In general For purposes of each of the 2014 through 2018 crop years, the loan rate for a marketing assistance loan under section 1201 for a loan commodity shall be equal to the following: (1) In the case of wheat, $2.94 per bushel. (2) In the case of corn, $1.95 per bushel. (3) In the case of grain sorghum, $1.95 per bushel. (4) In the case of barley, $1.95 per bushel. (5) In the case of oats, $1.39 per bushel. (6) In the case of base quality of upland cotton, for the 2014 and each subsequent crop year, the simple average of the adjusted prevailing world price for the 2 immediately preceding marketing years, as determined by the Secretary and announced October 1 preceding the next domestic plantings, but in no case less than $0.45 per pound or more than $0.52 per pound. (7) In the case of extra long staple cotton, $0.7977 per pound. (8) In the case of long grain rice, $6.50 per hundredweight. (9) In the case of medium grain rice, $6.50 per hundredweight. (10) In the case of soybeans, $5.00 per bushel. (11) In the case of other oilseeds, $10.09 per hundredweight for each of the following kinds of oilseeds: (A) Sunflower seed. (B) Rapeseed. (C) Canola. (D) Safflower. (E) Flaxseed. (F) Mustard seed. (G) Crambe. (H) Sesame seed. (I) Other oilseeds designated by the Secretary. (12) In the case of dry peas, $5.40 per hundredweight. (13) In the case of lentils, $11.28 per hundredweight. (14) In the case of small chickpeas, $7.43 per hundredweight. (15) In the case of large chickpeas, $11.28 per hundredweight. (16) In the case of graded wool, $1.15 per pound. (17) In the case of nongraded wool, $0.40 per pound. (18) In the case of mohair, $4.20 per pound. (19) In the case of honey, $0.69 per pound. (20) In the case of peanuts, $355 per ton. (b) Single county loan rate for other oilseeds The Secretary shall establish a single loan rate in each county for each kind of other oilseeds described in subsection (a)(11). 1203. Term of loans (a) Term of loan In the case of each loan commodity, a marketing assistance loan under section 1201 shall have a term of 9 months beginning on the first day of the first month after the month in which the loan is made. (b) Extensions prohibited The Secretary may not extend the term of a marketing assistance loan for any loan commodity. 1204. Repayment of loans (a) General rule The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for a loan commodity (other than upland cotton, long grain rice, medium grain rice, extra long staple cotton, peanuts and confectionery and each other kind of sunflower seed (other than oil sunflower seed)) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7283)); (2) a rate (as determined by the Secretary) that— (A) is calculated based on average market prices for the loan commodity during the preceding 30-day period; and (B) will minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries; or (3) a rate that the Secretary may develop using alternative methods for calculating a repayment rate for a loan commodity that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of the commodity by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing the commodity; (D) allow the commodity produced in the United States to be marketed freely and competitively, both domestically and internationally; and (E) minimize discrepancies in marketing loan benefits across State boundaries and across county boundaries. (b) Repayment rates for upland cotton, long grain rice, and medium grain rice The Secretary shall permit producers to repay a marketing assistance loan under section 1201 for upland cotton, long grain rice, and medium grain rice at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); or (2) the prevailing world market price for the commodity, as determined and adjusted by the Secretary in accordance with this section. (c) Repayment rates for extra long staple cotton Repayment of a marketing assistance loan for extra long staple cotton shall be at the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )). (d) Prevailing world market price For purposes of this section, the Secretary shall prescribe by regulation— (1) a formula to determine the prevailing world market price for each of upland cotton, long grain rice, and medium grain rice; and (2) a mechanism by which the Secretary shall announce periodically those prevailing world market prices. (e) Adjustment of prevailing world market price for upland cotton, long grain rice, and medium grain rice (1) Rice The prevailing world market price for long grain rice and medium grain rice determined under subsection (d) shall be adjusted to United States quality and location. (2) Cotton The prevailing world market price for upland cotton determined under subsection (d)— (A) shall be adjusted to United States quality and location, with the adjustment to include— (i) a reduction equal to any United States Premium Factor for upland cotton of a quality higher than Middling (M) 1 3/32 -inch; and (ii) the average costs to market the commodity, including average transportation costs, as determined by the Secretary; and (B) may be further adjusted, during the period beginning on the date of enactment of this Act and ending on July 31, 2019, if the Secretary determines the adjustment is necessary— (i) to minimize potential loan forfeitures; (ii) to minimize the accumulation of stocks of upland cotton by the Federal Government; (iii) to ensure that upland cotton produced in the United States can be marketed freely and competitively, both domestically and internationally; and (iv) to ensure an appropriate transition between current-crop and forward-crop price quotations, except that the Secretary may use forward-crop price quotations prior to July 31 of a marketing year only if— (I) there are insufficient current-crop price quotations; and (II) the forward-crop price quotation is the lowest such quotation available. (3) Guidelines for additional adjustments In making adjustments under this subsection, the Secretary shall establish a mechanism for determining and announcing the adjustments in order to avoid undue disruption in the United States market. (f) Repayment rates for confectionery and other kinds of sunflower seeds The Secretary shall permit the producers on a farm to repay a marketing assistance loan under section 1201 for confectionery and each other kind of sunflower seed (other than oil sunflower seed) at a rate that is the lesser of— (1) the loan rate established for the commodity under section 1202, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); or (2) the repayment rate established for oil sunflower seed. (g) Payment of cotton storage costs Effective for each of the 2014 through 2018 crop years, the Secretary shall make cotton storage payments available in the same manner, and at the same rates as the Secretary provided storage payments for the 2006 crop of cotton, except that the rates shall be reduced by 20 percent. (h) Repayment rate for peanuts The Secretary shall permit producers on a farm to repay a marketing assistance loan for peanuts under subsection (a) at a rate that is the lesser of— (1) the loan rate established for peanuts under subsection (b), plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )); or (2) a rate that the Secretary determines will— (A) minimize potential loan forfeitures; (B) minimize the accumulation of stocks of peanuts by the Federal Government; (C) minimize the cost incurred by the Federal Government in storing peanuts; and (D) allow peanuts produced in the United States to be marketed freely and competitively, both domestically and internationally. (i) Authority To temporarily adjust repayment rates (1) Adjustment authority In the event of a severe disruption to marketing, transportation, or related infrastructure, the Secretary may modify the repayment rate otherwise applicable under this section for marketing assistance loans under section 1201 for a loan commodity. (2) Duration Any adjustment made under paragraph (1) in the repayment rate for marketing assistance loans for a loan commodity shall be in effect on a short-term and temporary basis, as determined by the Secretary. 1205. Loan deficiency payments (a) Availability of loan deficiency payments (1) In general Except as provided in subsection (d), the Secretary may make loan deficiency payments available to producers on a farm that, although eligible to obtain a marketing assistance loan under section 1201 with respect to a loan commodity, agree to forgo obtaining the loan for the commodity in return for loan deficiency payments under this section. (2) Unshorn pelts, hay, and silage (A) Marketing assistance loans Subject to subparagraph (B), nongraded wool in the form of unshorn pelts and hay and silage derived from a loan commodity are not eligible for a marketing assistance loan under section 1201. (B) Loan deficiency payment Effective for the 2014 through 2018 crop years, the Secretary may make loan deficiency payments available under this section to producers on a farm that produce unshorn pelts or hay and silage derived from a loan commodity. (b) Computation A loan deficiency payment for a loan commodity or commodity referred to in subsection (a)(2) shall be equal to the product obtained by multiplying— (1) the payment rate determined under subsection (c) for the commodity; by (2) the quantity of the commodity produced by the eligible producers, excluding any quantity for which the producers obtain a marketing assistance loan under section 1201. (c) Payment rate (1) In general In the case of a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (2) Unshorn pelts In the case of unshorn pelts, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for ungraded wool; exceeds (B) the rate at which a marketing assistance loan for ungraded wool may be repaid under section 1204. (3) Hay and silage In the case of hay or silage derived from a loan commodity, the payment rate shall be the amount by which— (A) the loan rate established under section 1202 for the loan commodity from which the hay or silage is derived; exceeds (B) the rate at which a marketing assistance loan for the loan commodity may be repaid under section 1204. (d) Exception for extra long staple cotton This section shall not apply with respect to extra long staple cotton. (e) Effective date for payment rate determination The Secretary shall determine the amount of the loan deficiency payment to be made under this section to the producers on a farm with respect to a quantity of a loan commodity or commodity referred to in subsection (a)(2) using the payment rate in effect under subsection (c) as of the date the producers request the payment. 1206. Payments in lieu of loan deficiency payments for grazed acreage (a) Eligible producers (1) In general Effective for the 2014 through 2018 crop years, in the case of a producer that would be eligible for a loan deficiency payment under section 1205 for wheat, barley, or oats, but that elects to use acreage planted to the wheat, barley, or oats for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of the wheat, barley, or oats on that acreage. (2) Grazing of triticale acreage Effective for the 2014 through 2018 crop years, with respect to a producer on a farm that uses acreage planted to triticale for the grazing of livestock, the Secretary shall make a payment to the producer under this section if the producer enters into an agreement with the Secretary to forgo any other harvesting of triticale on that acreage. (b) Payment amount (1) In general The amount of a payment made under this section to a producer on a farm described in subsection (a)(1) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of wheat, barley, or oats; and (ii) (I) the yield in effect for the calculation of agriculture risk coverage payments under subtitle A with respect to that loan commodity on the farm; or (II) in the case of a farm without a payment yield for that loan commodity, an appropriate yield established by the Secretary. (2) Grazing of triticale acreage The amount of a payment made under this section to a producer on a farm described in subsection (a)(2) shall be equal to the amount determined by multiplying— (A) the loan deficiency payment rate determined under section 1205(c) in effect for wheat, as of the date of the agreement, for the county in which the farm is located; by (B) the payment quantity determined by multiplying— (i) the quantity of the grazed acreage on the farm with respect to which the producer elects to forgo harvesting of triticale; and (ii) (I) the yield in effect for the calculation of agriculture risk coverage payments under subtitle A with respect to wheat on the farm; or (II) in the case of a farm without a payment yield for wheat, an appropriate yield established by the Secretary in a manner consistent with section 1102 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8712 ). (c) Time, manner, and availability of payment (1) Time and manner A payment under this section shall be made at the same time and in the same manner as loan deficiency payments are made under section 1205. (2) Availability (A) In general The Secretary shall establish an availability period for the payments authorized by this section. (B) Certain commodities In the case of wheat, barley, and oats, the availability period shall be consistent with the availability period for the commodity established by the Secretary for marketing assistance loans authorized by this subtitle. (d) Prohibition on crop insurance indemnity or noninsured crop assistance A 2014 through 2018 crop of wheat, barley, oats, or triticale planted on acreage that a producer elects, in the agreement required by subsection (a), to use for the grazing of livestock in lieu of any other harvesting of the crop shall not be eligible for an indemnity under a policy or plan of insurance authorized under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) or noninsured crop assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). 1207. Economic adjustment assistance to users of upland cotton (a) In general Subject to subsection (b), the Secretary shall, on a monthly basis, make economic adjustment assistance available to domestic users of upland cotton in the form of payments for all documented use of that upland cotton during the previous monthly period regardless of the origin of the upland cotton. (b) Value of assistance Effective beginning on August 1, 2012, the value of the assistance provided under subsection (a) shall be 3 cents per pound. (c) Allowable purposes Economic adjustment assistance under this section shall be made available only to domestic users of upland cotton that certify that the assistance shall be used only to acquire, construct, install, modernize, develop, convert, or expand land, plant, buildings, equipment, facilities, or machinery. (d) Review or audit The Secretary may conduct such review or audit of the records of a domestic user under this subsection as the Secretary determines necessary to carry out this subsection. (e) Improper use of assistance If the Secretary determines, after a review or audit of the records of the domestic user, that economic adjustment assistance under this subsection was not used for the purposes specified in subsection (c), the domestic user shall be— (1) liable for the repayment of the assistance to the Secretary, plus interest, as determined by the Secretary; and (2) ineligible to receive assistance under this subsection for a period of 1 year following the determination of the Secretary. 1208. Special competitive provisions for extra long staple cotton (a) Competitiveness program Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act through July 31, 2019, the Secretary shall carry out a program— (1) to maintain and expand the domestic use of extra long staple cotton produced in the United States; (2) to increase exports of extra long staple cotton produced in the United States; and (3) to ensure that extra long staple cotton produced in the United States remains competitive in world markets. (b) Payments under program; trigger Under the program, the Secretary shall make payments available under this section whenever— (1) for a consecutive 4-week period, the world market price for the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is below the prevailing United States price for a competing growth of extra long staple cotton; and (2) the lowest priced competing growth of extra long staple cotton (adjusted to United States quality and location and for other factors affecting the competitiveness of such cotton), as determined by the Secretary, is less than 134 percent of the loan rate for extra long staple cotton. (c) Eligible recipients The Secretary shall make payments available under this section to domestic users of extra long staple cotton produced in the United States and exporters of extra long staple cotton produced in the United States that enter into an agreement with the Commodity Credit Corporation to participate in the program under this section. (d) Payment amount Payments under this section shall be based on the amount of the difference in the prices referred to in subsection (b)(1) during the fourth week of the consecutive 4-week period multiplied by the amount of documented purchases by domestic users and sales for export by exporters made in the week following such a consecutive 4-week period. 1209. Availability of recourse loans for high moisture feed grains and seed cotton (a) High moisture feed grains (1) Definition of high moisture state In this subsection, the term high moisture state means corn or grain sorghum having a moisture content in excess of Commodity Credit Corporation standards for marketing assistance loans made by the Secretary under section 1201. (2) Recourse loans available For each of the 2014 through 2018 crops of corn and grain sorghum, the Secretary shall make available recourse loans, as determined by the Secretary, to producers on a farm that— (A) normally harvest all or a portion of their crop of corn or grain sorghum in a high moisture state; (B) present— (i) certified scale tickets from an inspected, certified commercial scale, including a licensed warehouse, feedlot, feed mill, distillery, or other similar entity approved by the Secretary, pursuant to regulations issued by the Secretary; or (ii) field or other physical measurements of the standing or stored crop in regions of the United States, as determined by the Secretary, that do not have certified commercial scales from which certified scale tickets may be obtained within reasonable proximity of harvest operation; (C) certify that the producers on the farm were the owners of the feed grain at the time of delivery to, and that the quantity to be placed under loan under this subsection was in fact harvested on the farm and delivered to, a feedlot, feed mill, or commercial or on-farm high-moisture storage facility, or to a facility maintained by the users of corn and grain sorghum in a high moisture state; and (D) comply with deadlines established by the Secretary for harvesting the corn or grain sorghum and submit applications for loans under this subsection within deadlines established by the Secretary. (3) Eligibility of acquired feed grains A loan under this subsection shall be made on a quantity of corn or grain sorghum of the same crop acquired by the producer equivalent to a quantity determined by multiplying— (A) the acreage of the corn or grain sorghum in a high moisture state harvested on the farm of the producer; by (B) the lower of the actual average yield used to make payments under subtitle A or the actual yield on a field, as determined by the Secretary, that is similar to the field from which the corn or grain sorghum was obtained. (b) Recourse loans available for seed cotton For each of the 2014 through 2018 crops of upland cotton and extra long staple cotton, the Secretary shall make available recourse seed cotton loans, as determined by the Secretary, on any production. (c) Repayment rates Repayment of a recourse loan made under this section shall be at the loan rate established for the commodity by the Secretary, plus interest (determined in accordance with section 163 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7283 )). 1210. Adjustments of loans (a) Adjustment authority Subject to subsection (e), the Secretary may make appropriate adjustments in the loan rates for any loan commodity (other than cotton) for differences in grade, type, quality, location, and other factors. (b) Manner of adjustment The adjustments under subsection (a) shall, to the maximum extent practicable, be made in such a manner that the average loan level for the commodity will, on the basis of the anticipated incidence of the factors, be equal to the level of support determined in accordance with this subtitle and subtitles C through E. (c) Adjustment on county basis (1) In general The Secretary may establish loan rates for a crop for producers in individual counties in a manner that results in the lowest loan rate being 95 percent of the national average loan rate, if those loan rates do not result in an increase in outlays. (2) Prohibition Adjustments under this subsection shall not result in an increase in the national average loan rate for any year. (d) Adjustment in loan rate for cotton (1) In general The Secretary may make appropriate adjustments in the loan rate for cotton for differences in quality factors. (2) Revisions to quality adjustments for upland cotton (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall implement revisions in the administration of the marketing assistance loan program for upland cotton to more accurately and efficiently reflect market values for upland cotton. (B) Mandatory revisions Revisions under subparagraph (A) shall include— (i) the elimination of warehouse location differentials; (ii) the establishment of differentials for the various quality factors and staple lengths of cotton based on a 3-year, weighted moving average of the weighted designated spot market regions, as determined by regional production; (iii) the elimination of any artificial split in the premium or discount between upland cotton with a 32 or 33 staple length due to micronaire; and (iv) a mechanism to ensure that no premium or discount is established that exceeds the premium or discount associated with a leaf grade that is 1 better than the applicable color grade. (C) Discretionary revisions Revisions under subparagraph (A) may include— (i) the use of non-spot market price data, in addition to spot market price data, that would enhance the accuracy of the price information used in determining quality adjustments under this subsection; (ii) adjustments in the premiums or discounts associated with upland cotton with a staple length of 33 or above due to micronaire with the goal of eliminating any unnecessary artificial splits in the calculations of the premiums or discounts; and (iii) such other adjustments as the Secretary determines appropriate, after consultations conducted in accordance with paragraph (3). (3) Consultation with private sector (A) Prior to revision In making adjustments to the loan rate for cotton (including any review of the adjustments) as provided in this subsection, the Secretary shall consult with representatives of the United States cotton industry. (B) Inapplicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to consultations under this subsection. (4) Review of adjustments The Secretary may review the operation of the upland cotton quality adjustments implemented pursuant to this subsection and may make further revisions to the administration of the loan program for upland cotton, by— (A) revoking or revising any actions taken under paragraph (2)(B); or (B) revoking or revising any actions taken or authorized to be taken under paragraph (2)(C). (e) Rice The Secretary shall not make adjustments in the loan rates for long grain rice and medium grain rice, except for differences in grade and quality (including milling yields). C Sugar 1301. Sugar program (a) Continuation of current program and loan rates (1) Sugarcane Section 156(a)(5) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(a)(5) ) is amended by striking the 2012 crop year and inserting each of the 2014 through 2018 crop years . (2) Sugar beets Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(b)(2) ) is amended by striking 2012 and inserting 2018 . (3) Effective period Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(i) ) is amended by striking 2012 and inserting 2018 . (b) Flexible marketing allotments for sugar (1) Sugar estimates Section 359b(a)(1) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359bb(a)(1) ) is amended by striking 2012 and inserting 2018 . (2) Effective period Section 359l(a) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ll(a) ) is amended by striking 2012 and inserting 2018 . D Dairy I Dairy production margin protection and dairy market stabilization programs 1401. Definitions In this part: (1) Actual dairy production margin The term actual dairy production margin means the difference between the all-milk price and the average feed cost, as calculated under section 1402. (2) All-milk price The term all-milk price means the average price received, per hundredweight of milk, by dairy operations for all milk sold to plants and dealers in the United States, as determined by the Secretary. (3) Annual production history The term annual production history means the production history determined for a participating dairy operation under section 1413(b) whenever the participating dairy operation purchases supplemental production margin protection. (4) Average feed cost The term average feed cost means the average cost of feed used by a dairy operation to produce a hundredweight of milk, determined under section 1402 using the sum of the following: (A) The product determined by multiplying 1.0728 by the price of corn per bushel. (B) The product determined by multiplying 0.00735 by the price of soybean meal per ton. (C) The product determined by multiplying 0.0137 by the price of alfalfa hay per ton. (5) Basic production history The term basic production history means the production history determined for a participating dairy operation under section 1413(a) for provision of basic production margin protection. (6) Consecutive 2-month period The term consecutive 2-month period refers to the 2-month period consisting of the months of January and February, March and April, May and June, July and August, September and October, or November and December, respectively. (7) Dairy operation (A) In general The term dairy operation means, as determined by the Secretary, 1 or more dairy producers that produce and market milk as a single dairy operation in which each dairy producer— (i) shares in the pooling of resources and a common ownership structure; (ii) is at risk in the production of milk on the dairy operation; and (iii) contributes land, labor, management, equipment, or capital to the dairy operation. (B) Additional ownership structures The Secretary shall determine additional ownership structures to be covered by the definition of dairy operation. (8) Handler (A) In general The term handler means the initial individual or entity making payment to a dairy operation for milk produced in the United States and marketed for commercial use. (B) Producer-handler The term includes a producer-handler when the producer satisfies the definition in subparagraph (A). (9) Participating dairy operation The term participating dairy operation means a dairy operation that— (A) signs up under section 1412 to participate in the production margin protection program under subpart A; and (B) as a result, also participates in the stabilization program under subpart B. (10) Production margin protection program The term production margin protection program means the dairy production margin protection program required by subpart A. (11) Secretary The term Secretary means the Secretary of Agriculture. (12) Stabilization program The term stabilization program means the dairy market stabilization program required by subpart B for all participating dairy operations. (13) Stabilization program base The term stabilization program base , with respect to a participating dairy operation, means the stabilization program base calculated for the participating dairy operation under section 1431(b). (14) United States The term United States , in a geographical sense, means the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. 1402. Calculation of average feed cost and actual dairy production margins (a) Calculation of average feed cost The Secretary shall calculate the national average feed cost for each month using the following data: (1) The price of corn for a month shall be the price received during that month by farmers in the United States for corn, as reported in the monthly Agricultural Prices report by the Secretary. (2) The price of soybean meal for a month shall be the central Illinois price for soybean meal, as reported in the Market News–Monthly Soybean Meal Price Report by the Secretary. (3) The price of alfalfa hay for a month shall be the price received during that month by farmers in the United States for alfalfa hay, as reported in the monthly Agricultural Prices report by the Secretary. (b) Calculation of actual dairy production margins (1) Production margin protection program For use in the production margin protection program under subpart A, the Secretary shall calculate the actual dairy production margin for each consecutive 2-month period by subtracting— (A) the average feed cost for that consecutive 2-month period, determined in accordance with subsection (a); from (B) the all-milk price for that consecutive 2-month period. (2) Stabilization program For use in the stabilization program under subpart B, the Secretary shall calculate each month the actual dairy production margin for the preceding month by subtracting— (A) the average feed cost for that preceding month, determined in accordance with subsection (a); from (B) the all-milk price for that preceding month. (3) Time for calculations The calculations required by paragraphs (1) and (2) shall be made as soon as practicable using the full month price of the applicable reference month. A Dairy production margin protection program 1411. Establishment of dairy production margin protection program Effective not later than 120 days after the effective date of this subtitle, the Secretary shall establish and administer a dairy production margin protection program under which participating dairy operations are paid— (1) basic production margin protection program payments under section 1414 when actual dairy production margins are less than the threshold levels for such payments; and (2) supplemental production margin protection program payments under section 1415 if purchased by a participating dairy operation. 1412. Participation of dairy operations in production margin protection program (a) Eligibility All dairy operations in the United States shall be eligible to participate in the production margin protection program, except that a participating dairy operation shall be required to register with the Secretary before the participating dairy operation may receive— (1) basic production margin protection program payments under section 1414; and (2) if the participating dairy operation purchases supplemental production margin protection under section 1415, supplemental production margin protection program payments under such section. (b) Registration process (1) In general The Secretary shall specify the manner and form by which a participating dairy operation may register to participate in the production margin protection program. (2) Treatment of multiproducer dairy operations If a participating dairy operation is operated by more than 1 dairy producer, all of the dairy producers of the participating dairy operation shall be treated as a single dairy operation for purposes of— (A) registration to receive basic production margin protection and election to purchase supplemental production margin protection; (B) payment of the participation fee under subsection (d) and producer premiums under section 1415; and (C) participation in the stabilization program under subtitle B. (3) Treatment of producers with multiple dairy operations If a dairy producer operates 2 or more dairy operations, each dairy operation of the producer shall separately register to receive basic production margin protection and purchase supplemental production margin protection and only those dairy operations so registered shall be covered by the stabilization program. (c) Time for registration (1) Existing dairy operations During the 15-month period beginning on the date of the initiation of the registration period for the production margin protection program, a dairy operation that is actively engaged as of such date may register with the Secretary— (A) to receive basic production margin protection; and (B) if the dairy operation elects, to purchase supplemental production margin protection. (2) New Entrants A dairy producer that has no existing interest in a dairy operation as of the date of the initiation of the registration period for the production margin protection program, but that, after such date, establishes a new dairy operation, may register with the Secretary during the 1-year period beginning on the date on which the dairy operation first markets milk commercially— (A) to receive basic production margin protection; and (B) if the dairy operation elects, to purchase supplemental production margin protection. (d) Transition from MILC to production margin protection (1) Definition of transition period In this subsection, the term transition period means the period during which the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 ) and the production margin protection program under this subtitle are both in existence. (2) Notice of availability Not later than 30 days after the date of enactment of this Act, the Secretary shall publish a notice in the Federal Register to inform dairy operations of the availability of basic production margin protection and supplemental production margin protection, including the terms of the protection and information about the option of dairy operations during the transition period to make an election described in paragraph (3). (3) Election Except as provided in paragraph (4), a dairy operation may elect to participate in either the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 ) or the production margin protection program under this subtitle for the duration of the transition period. (4) Transfer to production margin protection A dairy operation that elects to participate in the milk income loss program established under section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 ) during the transition period may, at any time, make a permanent transfer to the production margin protection program. (e) Administration fee (1) Administration fee required Except as provided in paragraph (5), a participating dairy operation shall— (A) pay an administration fee under this subsection to register to participate in the production margin protection program; and (B) pay the administration fee annually thereafter to continue to participate in the production margin protection program. (2) Fee amount The administration fee for a participating dairy operation for a calendar year shall be based on the pounds of milk (in millions) marketed by the participating dairy operation in the previous calendar year, as follows: Pounds Marketed (in millions) Administration Fee less than 1 $100 1 to 5 $250 more than 5 to 10 $350 more than 10 to 40 $1,000 more than 40 $2,500. (3) Deposit of Fees All administration fees collected under this subsection shall be credited to the fund or account used to cover the costs incurred to administer the production margin protection program and the stabilization program and shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in paragraph (4). (4) Use of Fees The Secretary shall use administration fees collected under this subsection— (A) to cover administrative costs of the production margin protection program and stabilization program; and (B) to cover costs of the Department of Agriculture relating to reporting of dairy market news, carrying out the amendments made by section 1476, and carrying out section 273 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b ), to the extent funds remain available after operation of subparagraph (A). (5) Waiver The Secretary shall waive or reduce the administration fee required under paragraph (1) in the case of a limited-resource dairy operation, as defined by the Secretary. (f) Limitation A dairy operation may only participate in the production margin protection program or the livestock gross margin for dairy program under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), but not both. 1413. Production history of participating dairy operations (a) Production history for basic production margin protection (1) Determination required For purposes of providing basic production margin protection, the Secretary shall determine the basic production history of a participating dairy operation. (2) Calculation Except as provided in paragraph (3), the basic production history of a participating dairy operation for basic production margin protection is equal to the highest annual milk marketings of the participating dairy operation during any 1 of the 3 calendar years immediately preceding the calendar year in which the participating dairy operation first signed up to participate in the production margin protection program. (3) Election by new dairy operations In the case of a participating dairy operation that has been in operation for less than a year, the participating dairy operation shall elect 1 of the following methods for the Secretary to determine the basic production history of the participating dairy operation: (A) The volume of the actual milk marketings for the months the participating dairy operation has been in operation extrapolated to a yearly amount. (B) An estimate of the actual milk marketings of the participating dairy operation based on the herd size of the participating dairy operation relative to the national rolling herd average data published by the Secretary. (4) No change in production history for basic production margin protection Once the basic production history of a participating dairy operation is determined under paragraph (2) or (3), the basic production history shall not be subsequently changed for purposes of determining the amount of any basic production margin protection payments for the participating dairy operation made under section 1414. (b) Annual production history for supplemental production margin protection (1) Determination required For purposes of providing supplemental production margin protection for a participating dairy operation that purchases supplemental production margin protection for a year under section 1415, the Secretary shall determine the annual production history of the participating dairy operation under paragraph (2). (2) Calculation The annual production history of a participating dairy operation for a year is equal to the actual milk marketings of the participating dairy operation during the preceding calendar year. (3) New dairy operations Subsection (a)(3) shall apply with respect to determining the annual production history of a participating dairy operation that has been in operation for less than a year. (c) Required information A participating dairy operation shall provide all information that the Secretary may require in order to establish— (1) the basic production history of the participating dairy operation under subsection (a); and (2) the production history of the participating dairy operation whenever the participating dairy operation purchases supplemental production margin protection under section 1415. (d) Transfer of production histories (1) Transfer by sale or lease In promulgating the rules to initiate the production margin protection program, the Secretary shall specify the conditions under which and the manner by which the production history of a participating dairy operation may be transferred by sale or lease. (2) Coverage level (A) Basic production margin protection A purchaser or lessee to whom the Secretary transfers a basic production history under this subsection shall not obtain a different level of basic production margin protection than the basic production margin protection coverage held by the seller or lessor from whom the transfer was obtained. (B) Supplemental production margin protection A purchaser or lessee to whom the Secretary transfers an annual production history under this subsection shall not obtain a different level of supplemental production margin protection coverage than the supplemental production margin protection coverage in effect for the seller or lessor from whom the transfer was obtained for the calendar year in which the transfer was made. (e) Movement and transfer of production history (1) Movement and transfer authorized Subject to paragraph (2), if a participating dairy operation moves from 1 location to another location, the participating dairy operation may transfer the basic production history and annual production history associated with the participating dairy operation. (2) Notification requirement A participating dairy operation shall notify the Secretary of any move of a participating dairy operation under paragraph (1). (3) Subsequent occupation of vacated location A party subsequently occupying a participating dairy operation location vacated as described in paragraph (1) shall have no interest in the basic production history or annual production history previously associated with the participating dairy operation at such location. 1414. Basic production margin protection (a) Payment threshold The Secretary shall make a payment to participating dairy operations in accordance with subsection (b) whenever the average actual dairy production margin for a consecutive 2-month period is less than $4.00 per hundredweight of milk. (b) Basic production margin protection payment The basic production margin protection payment for a participating dairy operation for a consecutive 2-month period shall be equal to the product obtained by multiplying— (1) the difference between the average actual dairy production margin for the consecutive 2-month period and $4.00, except that, if the difference is more than $4.00, the Secretary shall use $4.00; by (2) the lesser of— (A) 80 percent of the production history of the participating dairy operation, divided by 6; or (B) the actual quantity of milk marketed by the participating dairy operation during the consecutive 2-month period. 1415. Supplemental production margin protection (a) Election of supplemental production margin protection A participating dairy operation may annually purchase supplemental production margin protection to protect, during the calendar year for which purchased, a higher level of the income of a participating dairy operation than the income level guaranteed by basic production margin protection under section 1414. (b) Selection of payment threshold A participating dairy operation purchasing supplemental production margin protection for a year shall elect a coverage level that is higher, in any increment of $0.50, than the payment threshold for basic production margin protection specified in section 1414(a), but not to exceed $8.00. (c) Coverage percentage A participating dairy operation purchasing supplemental production margin protection for a year shall elect a percentage of coverage equal to not more than 90 percent, nor less than 25 percent, of the annual production history of the participating dairy operation. (d) Premiums for supplemental production margin protection (1) Premiums required A participating dairy operation that purchases supplemental production margin protection shall pay an annual premium equal to the product obtained by multiplying— (A) the coverage percentage elected by the participating dairy operation under subsection (c); (B) the annual production history of the participating dairy operation; and (C) the premium per hundredweight of milk, as specified in the applicable table under paragraph (2) or (3). (2) Premium per hundredweight for first 4 million pounds of production For the first 4,000,000 pounds of milk marketings included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level specified in the following table is as follows: Coverage Level Premium per Cwt. $4.50 $0.01 $5.00 $0.02 $5.50 $0.035 $6.00 $0.045 $6.50 $0.09 $7.00 $0.40 $7.50 $0.60 $8.00 $0.95. (3) Premium per hundredweight for production in excess of 4 million pounds For milk marketings in excess of 4,000,000 pounds included in the annual production history of a participating dairy operation, the premium per hundredweight corresponding to each coverage level is as follows: Coverage Level Premium per Cwt. $4.50 $0.02 $5.00 $0.04 $5.50 $0.10 $6.00 $0.15 $6.50 $0.29 $7.00 $0.62 $7.50 $0.83 $8.00 $1.06. (4) Time for payment In promulgating the rules to initiate the production margin protection program, the Secretary shall provide more than 1 method by which a participating dairy operation that purchases supplemental production margin protection for a calendar year may pay the premium under this subsection for that year in any manner that maximizes participating dairy operation payment flexibility and program integrity. (e) Premium obligations (1) Pro-ration of premium for new dairy operations A participating dairy operation described in section 1412(c)(2) that purchases supplemental production margin protection for a calendar year after the start of the calendar year shall pay a pro-rated premium for that calendar year based on the portion of the calendar year for which the participating dairy operation purchases the coverage. (2) Legal obligation A participating dairy operation that purchases supplemental production margin protection for a calendar year shall be legally obligated to pay the applicable premium for that calendar year, except that the Secretary may waive that obligation, under terms and conditions determined by the Secretary, for 1 or more producers in any participating dairy operation in the case of death, retirement, permanent dissolution of a participating dairy operation, or other circumstances as the Secretary considers appropriate to ensure the integrity of the program. (f) Supplemental payment threshold A participating dairy operation with supplemental production margin protection shall receive a supplemental production margin protection payment whenever the average actual dairy production margin for a consecutive 2-month period is less than the coverage level threshold selected by the participating dairy operation under subsection (b). (g) Supplemental production margin protection payments (1) In general The supplemental production margin protection payment for a participating dairy operation is in addition to the basic production margin protection payment. (2) Amount of payment The supplemental production margin protection payment for the participating dairy operation shall be determined as follows: (A) The Secretary shall calculate the difference between the coverage level threshold selected by the participating dairy operation under subsection (b) and the greater of— (i) the average actual dairy production margin for the consecutive 2-month period; or (ii) $4.00. (B) The amount determined under subparagraph (A) shall be multiplied by the percentage selected by the participating dairy operation under subsection (c) and by the lesser of the following: (i) The annual production history of the participating dairy operation, divided by 6. (ii) The actual amount of milk marketed by the participating dairy operation during the consecutive 2-month period. 1416. Effect of failure to pay administration fees or premiums (a) Loss of benefits A participating dairy operation that fails to pay the required administration fee under section 1412 or is in arrears on premium payments for supplemental production margin protection under section 1415— (1) remains legally obligated to pay the administration fee or premiums, as the case may be; and (2) may not receive basic production margin protection payments or supplemental production margin protection payments until the fees or premiums are fully paid. (b) Enforcement The Secretary may take such action as necessary to collect administration fees and premium payments for supplemental production margin protection. B Dairy market stabilization program 1431. Establishment of dairy market stabilization program (a) Program required; purpose Effective not later than 120 days after the effective date of this subtitle, the Secretary shall establish and administer a dairy market stabilization program applicable to participating dairy operations for the purpose of assisting in balancing the supply of milk with demand when participating dairy operations are experiencing low or negative operating margins. (b) Election of stabilization program base calculation method (1) Election When a dairy operation signs up under section 1412 to participate in the production margin protection program, the dairy operation shall inform the Secretary of the method by which the stabilization program base for the participating dairy operation will be calculated under paragraph (3). (2) Change in calculation method A participating dairy operation may change the stabilization program base calculation method to be used for a calendar year by notifying the Secretary of the change not later than a date determined by the Secretary. (3) Calculation methods A participating dairy operation may elect either of the following methods for calculation of the stabilization program base for the participating dairy operation: (A) The volume of the average monthly milk marketings of the participating dairy operation for the 3 months immediately preceding the announcement by the Secretary that the stabilization program will become effective. (B) The volume of the monthly milk marketings of the participating dairy operation for the same month in the preceding year as the month for which the Secretary has announced the stabilization program will become effective. 1432. Threshold for implementation and reduction in dairy payments (a) When stabilization program required Except as provided in subsection (b), the Secretary shall announce that the stabilization program is in effect and order reduced payments by handlers to participating dairy operations that exceed the applicable percentage of the participating dairy operation’s stabilization program base whenever— (1) the actual dairy production margin has been $6.00 or less per hundredweight of milk for each of the immediately preceding 2 months; or (2) the actual dairy production margin has been $4.00 or less per hundredweight of milk for the immediately preceding month. (b) Exception If any of the conditions described in section 1436(b) have been met during the 2-month period immediately preceding the month in which the announcement under subsection (a) would otherwise be made by the Secretary in the absence of this exception, the Secretary shall— (1) suspend the stabilization program; (2) refrain from making the announcement under subsection (a) to implement order the stabilization payment; or (3) order reduced payments. (c) Effective date for implementation of payment reductions Reductions in dairy payments shall commence beginning on the first day of the month immediately following the date of the announcement by the Secretary under subsection (a). 1433. Milk marketings information (a) Collection of milk marketing data The Secretary shall establish, by regulation, a process to collect from participating dairy operations and handlers such information that the Secretary considers necessary for each month during which the stabilization program is in effect. (b) Reduce regulatory burden When implementing the process under subsection (a), the Secretary shall minimize the regulatory burden on participating dairy operations and handlers. 1434. Calculation and collection of reduced dairy operation payments (a) Reduced participating dairy operation payments required During any month in which payment reductions are in effect under the stabilization program, each handler shall reduce payments to each participating dairy operation from whom the handler receives milk. (b) Reductions based on actual dairy production margin (1) Reduction requirement 1 If the Secretary determines that the average actual dairy production margin has been less than $6.00 but greater than $5.00 per hundredweight of milk for 2 consecutive months, the handler shall make payments to a participating dairy operation for a month based on the greater of the following: (A) 98 percent of the stabilization program base of the participating dairy operation. (B) 94 percent of the marketings of milk for the month by the participating dairy operation. (2) Reduction requirement 2 If the Secretary determines that the average actual dairy production margin has been less than $5.00 but greater than $4.00 for 2 consecutive months, the handler shall make payments to a participating dairy operation for a month based on the greater of the following: (A) 97 percent of the stabilization program base of the participating dairy operation. (B) 93 percent of the marketings of milk for the month by the participating dairy operation. (3) Reduction requirement 3 If the Secretary determines that the average actual dairy production margin has been $4.00 or less for any 1 month, the handler shall make payments to a participating dairy operation for a month based on the greater of the following: (A) 96 percent of the stabilization program base of the participating dairy operation. (B) 92 percent of the marketings of milk for the month by the participating dairy operation. (c) Continuation of reductions The largest level of payment reduction required under paragraph (1), (2), or (3) of subsection (b) shall be continued for each month until the Secretary suspends the stabilization program and terminates payment reductions in accordance with section 1436. (d) Payment reduction exception Notwithstanding any preceding subsection of this section, a handler shall make no payment reductions for a participating dairy operation for a month if the participating dairy operation’s milk marketings for the month are equal to or less than the percentage of the stabilization program base applicable to the participating dairy operation under paragraph (1), (2), or (3) of subsection (b). 1435. Remitting funds to the Secretary and use of funds (a) Remitting funds As soon as practicable after the end of each month during which payment reductions are in effect under the stabilization program, each handler shall remit to the Secretary an amount equal to the amount by which payments to participating dairy operations are reduced by the handler under section 1434. (b) Deposit of remitted funds All funds received under subsection (a) shall be available to the Secretary, without further appropriation and until expended, for use or transfer as provided in subsection (c). (c) Use of funds (1) Availability for certain commodity donations Not later than 90 days after the funds described in subsection (a) are due as determined by the Secretary, the Secretary shall obligate the funds for the purpose of— (A) purchasing dairy products for donation to food banks and other programs that the Secretary determines appropriate; and (B) expanding consumption and building demand for dairy products. (2) No duplication of effort The Secretary shall ensure that expenditures under paragraph (1) are compatible with, and do not duplicate, programs supported by the dairy research and promotion activities conducted under the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.). (3) Accounting The Secretary shall keep an accurate account of all funds expended under paragraph (1). (d) Annual Report Not later than December 31 of each year that the stabilization program is in effect, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that provides an accurate accounting of— (1) the funds received by the Secretary during the preceding fiscal year under subsection (a); (2) all expenditures made by the Secretary under subsection (b) during the preceding fiscal year; and (3) the impact of the stabilization program on dairy markets. (e) Enforcement If a participating dairy operation or handler fails to remit or collect the amounts by which payments to participating dairy operations are reduced under section 1434, the participating dairy operation or handler responsible for the failure shall be liable to the Secretary for the amount that should have been remitted or collected, plus interest. In addition to the enforcement authorities available under section 1437, the Secretary may enforce this subsection in the courts of the United States. 1436. Suspension of reduced payment requirement (a) Determination of prices For purposes of this section: (1) The price in the United States for cheddar cheese and nonfat dry milk shall be determined by the Secretary. (2) The world price of cheddar cheese and skim milk powder shall be determined by the Secretary. (b) Suspension thresholds The stabilization program shall be suspended or the Secretary shall refrain from making the announcement under section 1432(a) if the Secretary determines that— (1) the actual dairy production margin is greater than $6.00 per hundredweight of milk for 2 consecutive months; (2) the actual dairy production margin is equal to or less than $6.00 (but greater than $5.00) for 2 consecutive months, and during the same 2 consecutive months— (A) the price in the United States for cheddar cheese is equal to or greater than the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is equal to or greater than the world price of skim milk powder; (3) the actual dairy production margin is equal to or less than $5.00 (but greater than $4.00) for 2 consecutive months, and during the same 2 consecutive months— (A) the price in the United States for cheddar cheese is more than 5 percent above the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is more than 5 percent above the world price of skim milk powder; or (4) the actual dairy production margin is equal to or less than $4.00 for 2 consecutive months, and during the same 2 consecutive months— (A) the price in the United States for cheddar cheese is more than 7 percent above the world price of cheddar cheese; or (B) the price in the United States for nonfat dry milk is more than 7 percent above the world price of skim milk powder. (c) Implementation by handlers Effective on the day after the date of the announcement by the Secretary under subsection (b) of the suspension of the stabilization program, the handler shall cease reducing payments to participating dairy operations under the stabilization program. (d) Condition on resumption of stabilization program Upon the announcement by the Secretary under subsection (b) that the stabilization program has been suspended, the stabilization program may not be implemented again until, at the earliest— (1) 2 months have passed, beginning on the first day of the month immediately following the announcement by the Secretary; and (2) the conditions of section 1432(a) are again met. 1437. Enforcement (a) Unlawful act It shall be unlawful and a violation of the this subpart for any person subject to the stabilization program to willfully fail or refuse to provide, or delay the timely reporting of, accurate information and remittance of funds to the Secretary in accordance with this subpart. (b) Order After providing notice and opportunity for a hearing to an affected person, the Secretary may issue an order against any person to cease and desist from continuing any violation of this subpart. (c) Appeal An order of the Secretary under subsection (b) shall be final and conclusive unless an affected person files an appeal of the order of the Secretary in United States district court not later than 30 days after the date of the issuance of the order. A finding of the Secretary in the order shall be set aside only if the finding is not supported by substantial evidence. (d) Noncompliance with order If a person subject to this subpart fails to obey an order issued under subsection (b) after the order has become final and unappealable, 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. If the court determines that the order was lawfully made and duly served and that the person violated the order, the court shall enforce the order. 1438. Audit requirements (a) Audits of dairy operation and handler compliance (1) Audits authorized If determined by the Secretary to be necessary to ensure compliance by participating dairy operations and handlers with the stabilization program, the Secretary may conduct periodic audits of participating dairy operations and handlers. (2) Sample of dairy operations Any audit conducted under this subsection shall include, at a minimum, investigation of a statistically valid and random sample of participating dairy operations. (b) Submission of results The Secretary shall submit the results of any audit conducted under subsection (a) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate and include such recommendations as the Secretary considers appropriate regarding the stabilization program. 1439. Study; report (a) In general The Secretary shall direct the Office of the Chief Economist to conduct a study of the impacts of the program established under section 1431(a). (b) Considerations The study conducted under subsection (a) shall consider— (1) the economic impact of the program throughout the dairy product value chain, including the impact on producers, processors, domestic customers, export customers, actual market growth and potential market growth, farms of different sizes, and different regions and States; and (2) the impact of the program on the competitiveness of the United States dairy industry in international markets. (c) Report Not later than December 1, 2017, the Office of the Chief Economist shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subsection (a). C Administration 1451. Duration The production margin protection program and the stabilization program shall end on December 31, 2018. 1452. Administration and enforcement (a) In general The Secretary shall promulgate regulations to address administrative and enforcement issues involved in carrying out the production margin protection, supplemental production margin protection, and market stabilization programs. (b) Reconstitution and eligibility issues (1) Reconstitution Using authorities under section 1001(f) and 1001B of the Food Security Act of 1985 ( 7 U.S.C. 1308(f) , 1308–2), the Secretary shall promulgate regulations to prohibit a dairy producer from reconstituting a dairy operation for the sole purpose of the dairy producer— (A) receiving basic margin protection; (B) purchasing supplemental margin protection; or (C) avoiding participation in the market stabilization program. (2) Eligibility issues Using authorities under section 1001(f) and 1001B of the Food Security Act of 1985 ( 7 U.S.C. 1308(f) , 1308–2), the Secretary shall promulgate regulations— (A) to prohibit a scheme or device; (B) to provide for equitable relief; and (C) to provide for other issues affecting eligibility and liability issues. (3) Administrative appeals Using authorities under section 1001(h) of the Food Security Act of 1985 ( 7 U.S.C. 1308(h) ) and subtitle H of the Department of Agriculture Reorganization Act ( 7 U.S.C. 6991 et seq. ), the Secretary shall promulgate regulations to provide for administrative appeals of decisions of the Secretary that are adverse to participants of the programs described in subsection (a). II Dairy market transparency 1461. Dairy product mandatory reporting (a) Definitions Section 272(1)(A) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637a(1)(A) ) is amended by inserting , or any other products that may significantly aid price discovery in the dairy markets, as determined by the Secretary after of 1937 . (b) Mandatory reporting for dairy products Section 273(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1637b(b) ) is amended— (1) by striking paragraph (1) and inserting the following new paragraph: (1) In general In establishing the program, the Secretary shall only— (A) (i) subject to the conditions described in paragraph (2), require each manufacturer to report to the Secretary, more frequently than once per month, information concerning the price, quantity, and moisture content of dairy products sold by the manufacturer and any other product characteristics that may significantly aid price discovery in the dairy markets, as determined by the Secretary; and (ii) modify the format used to provide the information on the day before the date of enactment of this subtitle to ensure that the information can be readily understood by market participants; and (B) require each manufacturer and other person storing dairy products (including dairy products in cold storage) to report to the Secretary, more frequently than once per month, information on the quantity of dairy products stored. ; and (2) in paragraph (2), by inserting or those that may significantly aid price discovery in the dairy markets after Federal milk marketing order each place it appears in subparagraphs (A), (B), and (C). 1462. Federal milk marketing order program pre-hearing procedure for Class III pricing (a) In general The Secretary shall use the pre-hearing procedure described in this section to consider alternative formulas for Class III milk product pricing under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937. (b) Requests for proposals (1) In general Not later than 120 days after the date of enactment of this Act, the Secretary shall issue a request for the submission by interested persons of preliminary proposals for replacement of the Class III milk product pricing formula. (2) Preliminary proposals Preliminary proposals submitted under paragraph (1)— (A) may include competitive pay price formulas; and (B) shall provide sufficient detail in concept to serve as the basis for the convening by the Secretary of a public information session for review and discussion in accordance with section 900.24 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act), but need not conform with the other procedural requirements of part 900 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (c) Pre-Hearing information session review (1) In general Not later than 180 days after the date on which the Secretary issues a request under subsection (b)(1), the Secretary shall convene a public information session in accordance with section 900.24 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Requirements The Secretary shall review all preliminary proposals submitted under this section that are of sufficient conceptual detail to allow for the review described in paragraph (b)(2)(B). (d) Hearing determination (1) In general Not later than 90 days after the conduct of the public information session under subsection (c), the Secretary shall determine whether to conduct a formal hearing in accordance with part 900 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (2) Hearing to be conducted If the Secretary determines under paragraph (1) to conduct a formal hearing, the Secretary shall issue notice and conduct the hearing in accordance with part 900 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). (3) Hearing not to be conducted If the Secretary determines under paragraph (1) not to conduct a formal hearing, not later than 90 days after that determination, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition and Forestry of the Senate a written report that explains the basis for the decision. (e) Proceeding with a hearing at any time Consistent with the purposes of this section, the Secretary may dispense with the pre-hearing requirements of this section and initiate at any time a formal hearing under part 900 of title 7, Code of Federal Regulations (as in effect on the date of enactment of this Act). III Repeal or reauthorization of other dairy-Related provisions 1471. Repeal of dairy product price support and milk income loss contract programs (a) Repeal of dairy product price support program Section 1501 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8771 ) is repealed. (b) Repeal of milk income loss contract program (1) Payments under milk income loss contract program Section 1506(c)(3) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773(c)(3) ) is amended— (A) in subparagraph (A), by inserting and after the semicolon; (B) in subparagraph (B), by striking August 31, 2013, 45 percent; and and inserting June 30, 2014, 45 percent. ; and (C) by striking subparagraph (C). (2) Extension Section 1506(h)(1) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773(h)(1) ) is amended by striking September 30, 2013 and inserting June 30, 2014 . (3) Repeal Effective July 1, 2014, section 1506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8773 ) is repealed. 1472. Repeal of dairy export incentive program (a) Repeal Section 153 of the Food Security Act of 1985 ( 15 U.S.C. 713a–14 ) is repealed. (b) Conforming amendments Section 902(2) of the Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201(2) ) is amended— (1) by striking subparagraph (D); and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively. 1473. Extension of dairy forward pricing program Section 1502(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8772(e) ) is amended— (1) in paragraph (1), by striking 2012 and inserting 2018 ; and (2) in paragraph (2), by striking 2015 and inserting 2021 . 1474. Extension of dairy indemnity program Section 3 of Public Law 90–484 ( 7 U.S.C. 450l ) is amended by striking 2012 and inserting 2018 . 1475. Extension of dairy promotion and research program Section 113(e)(2) of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4504(e)(2) ) is amended by striking 2012 and inserting 2018 . 1476. Extension of Federal Milk Marketing Order Review Commission Section 1509(a) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1726) is amended by inserting or other funds after Subject to the availability of appropriations . IV Federal milk marketing order reform 1481. Federal milk marketing orders (a) Amendments The Secretary shall provide an analysis on the effects of amending each Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937 (in this part referred to as a milk marketing order ), as required by this section. (b) Use of end-Product price formulas In carrying out subsection (a), the Secretary shall— (1) consider replacing the use of end-product price formulas with other pricing alternatives; and (2) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the findings of the Secretary on the impact of the action considered under paragraph (1). V Effective date 1491. Effective date Except as otherwise provided in this subtitle, this subtitle and the amendments made by this subtitle take effect on October 1, 2013. E Supplemental agricultural disaster assistance programs 1501. Supplemental agricultural disaster assistance programs (a) Definitions In this section: (1) Eligible producer on a farm (A) In general The term eligible producer on a farm means an individual or entity described in subparagraph (B) that, as determined by the Secretary, assumes the production and market risks associated with the agricultural production of crops or livestock. (B) Description An individual or entity referred to in subparagraph (A) is— (i) a citizen of the United States; (ii) a resident alien; (iii) a partnership of citizens of the United States; or (iv) a corporation, limited liability corporation, or other farm organizational structure organized under State law. (2) Farm (A) In general The term farm means, in relation to an eligible producer on a farm, the total of all crop acreage in all counties that is planted or intended to be planted for harvest, for sale, or on-farm livestock feeding (including native grassland intended for haying) by the eligible producer. (B) Aquaculture In the case of aquaculture, the term farm means, in relation to an eligible producer on a farm, all fish being produced in all counties that are intended to be harvested for sale by the eligible producer. (C) Honey In the case of honey, the term farm means, in relation to an eligible producer on a farm, all bees and beehives in all counties that are intended to be harvested for a honey crop for sale by the eligible producer. (3) Farm-raised fish The term farm-raised fish means any aquatic species that is propagated and reared in a controlled environment. (4) Livestock The term livestock includes— (A) cattle (including dairy cattle); (B) bison; (C) poultry; (D) sheep; (E) swine; (F) horses; and (G) other livestock, as determined by the Secretary. (b) Livestock indemnity payments (1) Payments For each of fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to make livestock indemnity payments to eligible producers on farms that have incurred livestock death losses in excess of the normal mortality, as determined by the Secretary, due to— (A) attacks by animals reintroduced into the wild by the Federal Government or protected by Federal law, including wolves; or (B) adverse weather, as determined by the Secretary, during the calendar year, including losses due to hurricanes, floods, blizzards, disease, wildfires, extreme heat, and extreme cold. (2) Payment rates Indemnity payments to an eligible producer on a farm under paragraph (1) shall be made at a rate of 65 percent of the market value of the applicable livestock on the day before the date of death of the livestock, as determined by the Secretary. (3) Special rule for payments made due to disease The Secretary shall ensure that payments made to an eligible producer under paragraph (1) are not made for the same livestock losses for which compensation is provided pursuant to section 10407(d) of the Animal Health Protection Act (7 U.S.C. 8306(d)). (c) Livestock forage disaster program (1) Establishment There is established a livestock forage disaster program to provide 1 source for livestock forage disaster assistance for weather-related forage losses, as determined by the Secretary, by combining— (A) the livestock forage assistance functions of— (i) the noninsured crop disaster assistance program established by section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); and (ii) the emergency assistance for livestock, honey bees, and farm-raised fish program under section 531(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(e) ) (as in existence on the day before the date of enactment of this Act); and (B) the livestock forage disaster program under section 531(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1531(d) ) (as in existence on the day before the date of enactment of this Act). (2) Definitions In this subsection: (A) Covered livestock (i) In general Except as provided in clause (ii), the term covered livestock means livestock of an eligible livestock producer that, during the 60 days prior to the beginning date of an eligible forage loss, as determined by the Secretary, the eligible livestock producer— (I) owned; (II) leased; (III) purchased; (IV) entered into a contract to purchase; (V) was a contract grower; or (VI) sold or otherwise disposed of due to an eligible forage loss during— (aa) the current production year; or (bb) subject to paragraph (4)(B)(ii), 1 or both of the 2 production years immediately preceding the current production year. (ii) Exclusion The term covered livestock does not include livestock that were or would have been in a feedlot, on the beginning date of the eligible forage loss, as a part of the normal business operation of the eligible livestock producer, as determined by the Secretary. (B) Drought monitor The term drought monitor means a system for classifying drought severity according to a range of abnormally dry to exceptional drought, as defined by the Secretary. (C) Eligible forage loss The term eligible forage loss means 1 or more forage losses that occur due to weather-related conditions, including drought, flood, blizzard, hail, excessive moisture, hurricane, and fire, occurring during the normal grazing period, as determined by the Secretary, if the forage— (i) is grown on land that is native or improved pastureland with permanent vegetative cover; or (ii) is a crop planted specifically for the purpose of providing grazing for covered livestock of an eligible livestock producer. (D) Eligible livestock producer (i) In general The term eligible livestock producer means an eligible producer on a farm that— (I) is an owner, cash or share lessee, or contract grower of covered livestock that provides the pastureland or grazing land, including cash-leased pastureland or grazing land, for the covered livestock; (II) provides the pastureland or grazing land for covered livestock, including cash-leased pastureland or grazing land that is physically located in a county affected by an eligible forage loss; (III) certifies the eligible forage loss; and (IV) meets all other eligibility requirements established under this subsection. (ii) Exclusion The term eligible livestock producer does not include an owner, cash or share lessee, or contract grower of livestock that rents or leases pastureland or grazing land owned by another person on a rate-of-gain basis. (E) Normal carrying capacity The term normal carrying capacity , with respect to each type of grazing land or pastureland in a county, means the normal carrying capacity, as determined under paragraph (4)(D)(i), that would be expected from the grazing land or pastureland for livestock during the normal grazing period, in the absence of an eligible forage loss that diminishes the production of the grazing land or pastureland. (F) Normal grazing period The term normal grazing period , with respect to a county, means the normal grazing period during the calendar year for the county, as determined under paragraph (4)(D)(i). (3) Program For each of fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide compensation under paragraphs (4) through (6), as determined by the Secretary for eligible forage losses affecting covered livestock of eligible livestock producers. (4) Assistance for eligible forage losses due to drought conditions (A) Eligible forage losses (i) In general An eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to drought on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ), unless the land is grassland eligible for the conservation reserve program under section 1231(d)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d)(2) ) (as amended by section 2001). (B) Monthly payment rate (i) In general Except as provided in clause (ii), the payment rate for assistance for 1 month under this paragraph shall, in the case of drought, be equal to 50 percent of the lesser of— (I) the monthly feed cost for all covered livestock owned or leased by the eligible livestock producer, as determined under subparagraph (C); or (II) the monthly feed cost calculated by using the normal carrying capacity of the eligible grazing land of the eligible livestock producer. (ii) Partial compensation In the case of an eligible livestock producer that sold or otherwise disposed of covered livestock due to drought conditions in 1 or both of the 2 production years immediately preceding the current production year, as determined by the Secretary, the payment rate shall be 80 percent of the payment rate otherwise calculated in accordance with clause (i). (C) Monthly feed cost (i) In general The monthly feed cost shall equal the product obtained by multiplying— (I) 30 days; (II) a payment quantity that is equal to the feed grain equivalent, as determined under clause (ii); and (III) a payment rate that is equal to the corn price per pound, as determined under clause (iii). (ii) Feed grain equivalent For purposes of clause (i)(II), the feed grain equivalent shall equal— (I) in the case of an adult beef cow, 15.7 pounds of corn per day; or (II) in the case of any other type of weight of livestock, an amount determined by the Secretary that represents the average number of pounds of corn per day necessary to feed the livestock. (iii) Corn price per pound For purposes of clause (i)(III), the corn price per pound shall equal the quotient obtained by dividing— (I) the lesser of— (aa) the national average corn price per bushel for the 12-month period immediately preceding March 1 of the year for which the disaster assistance is calculated; or (bb) the average national marketing year average corn price per bushel for the most recent 5 crop years, excluding each of the crop years with the highest and lowest prices; by (II) 56. (D) Normal grazing period and drought monitor intensity (i) FSA county committee determinations (I) In general The Secretary shall determine the normal carrying capacity and normal grazing period for each type of grazing land or pastureland in the county served by the applicable Farm Service Agency committee, except that the normal grazing period shall not exceed 240 days. (II) Changes No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees. (ii) Drought intensity (I) D 2 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having a D2 (severe drought) intensity in any area of the county for at least 8 consecutive weeks during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph in an amount equal to 1 monthly payment using the monthly payment rate determined under subparagraph (B). (II) D 3 An eligible livestock producer that owns or leases grazing land or pastureland that is physically located in a county that is rated by the U.S. Drought Monitor as having at least a D3 (extreme drought) intensity in any area of the county at any time during the normal grazing period for the county, as determined by the Secretary, shall be eligible to receive assistance under this paragraph— (aa) in an amount equal to 2 monthly payments using the monthly payment rate determined under subparagraph (B); or (bb) if the county is rated as having a D3 (extreme drought) intensity in any area of the county for at least 4 weeks during the normal grazing period for the county, or is rated as having a D4 (exceptional drought) intensity in any area of the county at any time during the normal grazing period, in an amount equal to 3 monthly payments using the monthly payment rate determined under subparagraph (B). (iii) Annual payment based on drought conditions determined by means other than the U.S. Drought Monitor (I) In general An eligible livestock producer that owns grazing land or pastureland that is physically located in a county that has experienced on average, over the preceding calendar year, precipitation levels that are 50 percent or more below normal levels, according to sufficient documentation as determined by the Secretary, may be eligible, subject to a determination by the Secretary, to receive assistance under this paragraph in an amount equal to not more than 1 monthly payment using the monthly payment rate under subparagraph (B). (II) No duplicate payment A producer may not receive a payment under both clause (ii) and this clause. (5) Assistance for losses due to fire on public managed land (A) In general An eligible livestock producer may receive assistance under this paragraph only if— (i) the eligible forage losses occur on rangeland that is managed by a Federal agency; and (ii) the eligible livestock producer is prohibited by the Federal agency from grazing the normal permitted livestock on the managed rangeland due to a fire. (B) Payment rate The payment rate for assistance under this paragraph shall be equal to 50 percent of the monthly feed cost for the total number of livestock covered by the Federal lease of the eligible livestock producer, as determined under paragraph (4)(C). (C) Payment duration (i) In general Subject to clause (ii), an eligible livestock producer shall be eligible to receive assistance under this paragraph for the period— (I) beginning on the date on which the Federal agency excludes the eligible livestock producer from using the managed rangeland for grazing; and (II) ending on the last day of the Federal lease of the eligible livestock producer. (ii) Limitation An eligible livestock producer may only receive assistance under this paragraph for losses that occur on not more than 180 days per year. (6) Assistance for eligible forage losses due to other than drought or fire (A) Eligible forage losses (i) In general Subject to subparagraph (B), an eligible livestock producer of covered livestock may receive assistance under this paragraph for eligible forage losses that occur due to weather-related conditions other than drought or fire on land that— (I) is native or improved pastureland with permanent vegetative cover; or (II) is planted to a crop planted specifically for the purpose of providing grazing for covered livestock. (ii) Exclusions An eligible livestock producer may not receive assistance under this paragraph for eligible forage losses that occur on land used for haying or grazing under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ), unless the land is grassland eligible for the conservation reserve program under section 1231(d)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d)(2) ) (as amended by section 2001). (B) Payments for eligible forage losses (i) In general The Secretary shall provide assistance under this paragraph to an eligible livestock producer for eligible forage losses that occur due to weather-related conditions other than— (I) drought under paragraph (4); and (II) fire on public managed land under paragraph (5). (ii) Terms and conditions The Secretary shall establish terms and conditions for assistance under this paragraph that are consistent with the terms and conditions for assistance under this subsection. (7) No duplicative payments An eligible livestock producer may elect to receive assistance for eligible forage losses under either paragraph (4), (5), or (6), if applicable, but may not receive assistance under more than 1 of those paragraphs for the same loss, as determined by the Secretary. (8) Determinations by Secretary A determination made by the Secretary under this subsection shall be final and conclusive. (d) Emergency assistance for livestock, honey bees, and farm-raised fish (1) In general For each of fiscal years 2012 through 2018, the Secretary shall use not more than $15,000,000 of the funds of the Commodity Credit Corporation to provide emergency relief to eligible producers of livestock, honey bees, and farm-raised fish to aid in the reduction of losses due to disease, adverse weather, or other conditions, such as blizzards and wildfires, as determined by the Secretary, that are not covered under subsection (b) or (c). (2) Use of funds Funds made available under this subsection shall be used to reduce losses caused by feed or water shortages, disease, or other factors as determined by the Secretary. (3) Availability of funds Any funds made available under this subsection shall remain available until expended. (e) Tree assistance program (1) Definitions In this subsection: (A) Eligible orchardist The term eligible orchardist means a person that produces annual crops from trees for commercial purposes. (B) Natural disaster The term natural disaster means plant disease, insect infestation, drought, fire, freeze, flood, earthquake, lightning, or other occurrence, as determined by the Secretary. (C) Nursery tree grower The term nursery tree grower means a person who produces nursery, ornamental, fruit, nut, or Christmas trees for commercial sale, as determined by the Secretary. (D) Tree The term tree includes a tree, bush, and vine. (2) Eligibility (A) Loss Subject to subparagraph (B), for each of fiscal years 2012 through 2018, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to provide assistance— (i) under paragraph (3) to eligible orchardists and nursery tree growers that planted trees for commercial purposes but lost the trees as a result of a natural disaster, as determined by the Secretary; and (ii) under paragraph (3)(B) to eligible orchardists and nursery tree growers that have a production history for commercial purposes on planted or existing trees but lost the trees as a result of a natural disaster, as determined by the Secretary. (B) Limitation An eligible orchardist or nursery tree grower shall qualify for assistance under subparagraph (A) only if the tree mortality of the eligible orchardist or nursery tree grower, as a result of damaging weather or related condition, exceeds 15 percent (adjusted for normal mortality). (3) Assistance Subject to paragraph (4), the assistance provided by the Secretary to eligible orchardists and nursery tree growers for losses described in paragraph (2) shall consist of— (A) (i) reimbursement of 65 percent of the cost of replanting trees lost due to a natural disaster, as determined by the Secretary, in excess of 15 percent mortality (adjusted for normal mortality); or (ii) at the option of the Secretary, sufficient seedlings to reestablish a stand; and (B) reimbursement of 50 percent of the cost of pruning, removal, and other costs incurred by an eligible orchardist or nursery tree grower to salvage existing trees or, in the case of tree mortality, to prepare the land to replant trees as a result of damage or tree mortality due to a natural disaster, as determined by the Secretary, in excess of 15 percent damage or mortality (adjusted for normal tree damage and mortality). (4) Limitations on assistance (A) Definitions of legal entity and person In this paragraph, the terms legal entity and person have the meaning given those terms in section 1001(a) of the Food Security Act of 1985 (7 U.S.C. 1308(a)). (B) Amount The total amount of payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this subsection may not exceed $100,000 for any crop year, or an equivalent value in tree seedlings. (C) Acres The total quantity of acres planted to trees or tree seedlings for which a person or legal entity shall be entitled to receive payments under this subsection may not exceed 500 acres. (f) Payments (1) Payment limitations (A) Definitions of legal entity and person In this subsection, the terms legal entity and person have the meanings given those terms in section 1001(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308(a) ). (B) Amount The total amount of disaster assistance payments received, directly or indirectly, by a person or legal entity (excluding a joint venture or general partnership) under this section (excluding payments received under subsection (e)) may not exceed $100,000 for any crop year. (C) Direct attribution Subsections (d) and (e) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) or any successor provisions relating to direct attribution shall apply with respect to assistance provided under this section. (2) Payment delivery The Secretary shall make payments under this section after October 1, 2013, for losses incurred in the 2012 and 2013 fiscal years, and as soon as practicable for losses incurred in any year thereafter. F Administration 1601. Administration generally (a) Use of Commodity Credit Corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this title. (b) Determinations by Secretary A determination made by the Secretary under this title shall be final and conclusive. (c) Regulations (1) In general Except as otherwise provided in this subsection, not later than 90 days after the date of enactment of this Act, the Secretary and the Commodity Credit Corporation, as appropriate, shall promulgate such regulations as are necessary to implement this title and the amendments made by this title. (2) Procedure The promulgation of the regulations and administration of this title and the amendments made by this title and sections 11001 and 11012 shall be made without regard to— (A) the notice and comment provisions of section 553 of title 5, United States Code; (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); and (C) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking. (3) Congressional review of agency rulemaking In carrying out this subsection, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (d) Adjustment Authority Related to Trade Agreements Compliance (1) Required determination; adjustment If the Secretary determines that expenditures under this title that are subject to the total allowable domestic support levels under the Uruguay Round Agreements (as defined in section 2 of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 )) will exceed the allowable levels for any applicable reporting period, the Secretary shall, to the maximum extent practicable, make adjustments in the amount of the expenditures during that period to ensure that the expenditures do not exceed the allowable levels. (2) Congressional notification Before making any adjustment under paragraph (1), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the determination made under that paragraph and the extent of the adjustment to be made. 1602. Suspension of permanent price support authority (a) Agricultural Adjustment Act of 1938 The following provisions of the Agricultural Adjustment Act of 1938 shall not be applicable to the 2014 through 2018 crops of covered commodities (as defined in section 1104), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act through December 31, 2018: (1) Parts II through V of subtitle B of title III ( 7 U.S.C. 1326 et seq. ). (2) In the case of upland cotton, section 377 ( 7 U.S.C. 1377 ). (3) Subtitle D of title III (7 U.S.C. 1379a et seq.). (4) Title IV ( 7 U.S.C. 1401 et seq. ). (b) Agricultural Act of 1949 The following provisions of the Agricultural Act of 1949 shall not be applicable to the 2014 through 2018 crops of covered commodities (as defined in section 1104), cotton, and sugar and shall not be applicable to milk during the period beginning on the date of enactment of this Act and through December 31, 2018: (1) Section 101 ( 7 U.S.C. 1441 ). (2) Section 103(a) ( 7 U.S.C. 1444(a) ). (3) Section 105 ( 7 U.S.C. 1444b ). (4) Section 107 ( 7 U.S.C. 1445a ). (5) Section 110 ( 7 U.S.C. 1445e ). (6) Section 112 ( 7 U.S.C. 1445g ). (7) Section 115 ( 7 U.S.C. 1445k ). (8) Section 201 ( 7 U.S.C. 1446 ). (9) Title III ( 7 U.S.C. 1447 et seq. ). (10) Title IV ( 7 U.S.C. 1421 et seq. ), other than sections 404, 412, and 416 ( 7 U.S.C. 1424 , 1429, and 1431). (11) Title V ( 7 U.S.C. 1461 et seq. ). (12) Title VI ( 7 U.S.C. 1471 et seq. ). (c) Suspension of certain quota provisions The joint resolution entitled A joint resolution relating to corn and wheat marketing quotas under the Agricultural Adjustment Act of 1938, as amended , approved May 26, 1941 (7 U.S.C. 1330 and 1340), shall not be applicable to the crops of wheat planted for harvest in the calendar years 2014 through 2018. 1603. Payment limitations (a) In general Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended by striking subsections (b) and (c) and inserting the following: (b) Limitation on payments for peanuts and other covered commodities The total amount of payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under subtitle A of title I of the Agriculture Reform, Food, and Jobs Act of 2013 for— (1) peanuts may not exceed $50,000; and (2) 1 or more other covered commodities may not exceed $50,000. . (b) Limitation on marketing loan gains and loan deficiency payments for peanuts and other loan commodities Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended by striking subsection (d) and inserting the following: (d) Limitation on marketing loan gains and loan deficiency payments for peanuts and other loan commodities The total amount of marketing loan gains and loan deficiency payments received, directly or indirectly, by a person or legal entity (except a joint venture or general partnership) for any crop year under subtitle B of the Agriculture Reform, Food, and Jobs Act of 2013 (or a successor provision) for— (1) peanuts may not exceed $75,000; and (2) 1 or more other loan commodities may not exceed $75,000. . (c) Conforming amendments (1) Section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ) is amended— (A) in subsection (a)(1), by striking section 1001 of the Food, Conservation, and Energy Act of 2008 and inserting section 1104 of the Agriculture Reform, Food, and Jobs Act of 2013 ; (B) in subsection (e)— (i) in paragraph (1), by striking subsections (b) and (c) and a program described in paragraphs (1)(C) and inserting subsection (b) and a program described in paragraph (1)(B) ; and (ii) in paragraph (3)(B), by striking subsections (b) and (c) each place it appears and inserting subsection (b) ; (C) in subsection (f)— (i) by striking or title XII each place it appears in paragraphs (5)(A) and (6)(A) and inserting , title I of the Agriculture Reform, Food, and Jobs Act of 2013 , or title XII ; (ii) in paragraph (2), by striking Subsections (b) and (c) and inserting Subsection (b) ; (iii) in paragraph (4)(B), by striking subsection (b) or (c) and inserting subsection (b) ; (iv) in paragraph (5)— (I) in subparagraph (A), by striking subsection (d) and inserting subsection (c) ; and (II) in subparagraph (B), by striking subsection (b), (c), or (d) and inserting subsection (b) or (c) ; and (v) in paragraph (6)— (I) in subparagraph (A), by striking subsection (d), except as provided in subsection (g) and inserting subsection (c), except as provided in subsection (f) ; and (II) in subparagraph (B), by striking subsections (b), (c), and (d) and inserting subsections (b) and (c) ; (D) in subsection (g)— (i) in paragraph (1)— (I) by striking subsection (f)(6)(A) and inserting subsection (e)(6)(A) and (II) by striking subsection (b) or (c) and inserting subsection (b) ; and (ii) in paragraph (2)(A), by striking subsections (b) and (c) and inserting subsection (b) ; and (E) by redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (2) Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— (A) in subsection (a), by striking subsections (b) and (c) and inserting subsection (b) ; and (B) in subsection (b)(1), by striking subsection (b) or (c) and inserting subsection (b) . (3) Section 1001B(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–2(a) ) is amended in the matter preceding paragraph (1) by striking subsections (b) and (c) and inserting subsection (b) . (4) Section 1001C(a) of the Food Security Act of 1985 ( 7 U.S.C. 1308–3(a) ) is amended by inserting title I of the Agriculture Reform, Food, and Jobs Act of 2013 , after 2008, . (d) Application The amendments made by this section shall apply beginning with the 2014 crop year. 1604. Payments limited to active farmers Section 1001A of the Food Security Act of 1985 ( 7 U.S.C. 1308–1 ) is amended— (1) in subsection (b)(2)— (A) by striking or active personal management each place it appears in subparagraphs (A)(i)(II) and (B)(ii); and (B) in subparagraph (C), by striking , as applied to the legal entity, are met by the legal entity, the partners or members making a significant contribution of personal labor or active personal management and inserting are met by partners or members making a significant contribution of personal labor, those partners or members ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by striking subparagraph (A) and inserting the following: (A) the landowner share-rents the land at a rate that is usual and customary; ; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) the share of the payments received by the landowner is commensurate with the share of the crop or income received as rent. ; (B) in paragraph (2)(A), by striking active personal management or ; (C) in paragraph (5)— (i) by striking (5) and all that follows through (A) In general .—A person and inserting the following: (5) Custom farming services A person ; (ii) by inserting under usual and customary terms after services ; and (iii) by striking subparagraph (B); and (D) by adding at the end the following: (7) Farm managers A person who otherwise meets the requirements of this subsection other than (b)(2)(A)(i)(II) shall be considered to be actively engaged in farming, as determined by the Secretary, with respect to the farming operation, including a farming operation that is a sole proprietorship, a legal entity such as a joint venture or general partnership, or a legal entity such as a corporation or limited partnership, if the person— (A) makes a significant contribution of management to the farming operation necessary for the farming operation, taking into account— (i) the size and complexity of the farming operation; and (ii) the management requirements normally and customarily required by similar farming operations; (B) is the only person in the farming operation qualifying as actively engaged in farming; (C) does not use the management contribution under this paragraph to qualify as actively engaged in more than 1 farming operation; and (D) manages a farm operation that does not substantially share equipment, labor, or management with persons or legal entities that with the person collectively receive, directly or indirectly, an amount equal to more than the applicable limits under section 1001(b). . 1605. Adjusted gross income limitation (a) In general Section 1001D(b)) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)) is amended by striking paragraph (1) and inserting the following: (1) Commodity programs (A) Limitation Notwithstanding any other provision of law, a person or legal entity shall not be eligible to receive any benefit described in subparagraph (B) during a crop, fiscal or program year, as appropriate, if the average adjusted gross income (or comparable measure over the 3 taxable years preceding the most immediately preceding complete taxable year, as determined by the Secretary) of the person or legal entity exceeds $750,000. (B) Covered benefits Subparagraph (A) applies with respect to the following: (i) A payment under section 1107 or 1108 of the Agriculture Reform, Food, and Jobs Act of 2013 . (ii) A marketing loan gain or loan deficiency payment under subtitle B of title I of the Agriculture Reform, Food, and Jobs Act of 2013 . (iii) A payment under subtitle E of the Agriculture Reform, Food, and Jobs Act of 2013 . (iv) A payment under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333). . (b) Application The amendments made by this section shall apply beginning with the 2014 crop year. 1606. Geographically disadvantaged farmers and ranchers Section 1621(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792(d) ) is amended by striking 2012 and inserting 2018 . 1607. Personal liability of producers for deficiencies Section 164 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7284 ) is amended by striking and title I of the Food, Conservation, and Energy Act of 2008 each place it appears and inserting title I of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8702 et seq. ), and title I of the Agriculture Reform, Food, and Jobs Act of 2013 . 1608. Prevention of deceased individuals receiving payments under farm commodity programs (a) Reconciliation At least twice each year, the Secretary shall reconcile social security numbers of all individuals who receive payments under this title, whether directly or indirectly, with the Commissioner of Social Security to determine if the individuals are alive. (b) Preclusion The Secretary shall preclude the issuance of payments to, and on behalf of, deceased individuals that were not eligible for payments. 1609. Appeals (a) Direction, control, and support Section 272 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6992 ) is amended by striking subsection (c) and inserting the following: (c) Direction, control, and support (1) Direction and control (A) In general Except as provided in paragraph (2), the Director shall be free from the direction and control of any person other than the Secretary or the Deputy Secretary of Agriculture. (B) Administrative support The Division shall not receive administrative support (except on a reimbursable basis) from any agency other than the Office of the Secretary. (C) Prohibition on delegation The Secretary may not delegate to any other officer or employee of the Department, other than the Deputy Secretary of Agriculture or the Director, the authority of the Secretary with respect to the Division. (2) Exception The Assistant Secretary for Administration is authorized to investigate, enforce, and implement the provisions in law, Executive order, or regulations that relate in general to competitive and excepted service positions and employment within the Division, including the position of Director, and such authority may be further delegated to subordinate officials. . (b) Conforming amendment Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended— (1) in the matter preceding paragraph (1) by striking affect— and inserting affect: ; (2) by striking the authority each place it appears in paragraphs (1) through (7) and inserting The authority ; (3) by striking the semicolon at the end of each of paragraphs (1) through (5) and inserting a period; (4) in paragraph (6)(C), by striking ; or at the end and inserting a period; and (5) by adding at the end the following: (8) The authority of the Secretary to carry out amendments made by the Agriculture Reform, Food, and Jobs Act of 2013. . 1610. Technical corrections (a) Section 359f(c)(1)(B) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ff(c)(1)(B) ) is amended by adding a period at the end. (b) (1) Section 1603(g) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1739) is amended in paragraphs (2) through (6) and the amendments made by those paragraphs by striking 1703(a) each place it appears and inserting 1603(a) . (2) This subsection and the amendments made by this subsection take effect as if included in the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1651). 1611. Assignment of payments (a) In general The provisions of section 8(g) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(g) ), relating to assignment of payments, shall apply to payments made under this title. (b) Notice The producer making the assignment, or the assignee, shall provide the Secretary with notice, in such manner as the Secretary may require, of any assignment made under this section. 1612. Tracking of benefits As soon as practicable after the date of enactment of this Act, the Secretary may track the benefits provided, directly or indirectly, to individuals and entities under titles I and II and the amendments made by those titles. 1613. Signature authority (a) In general In carrying out this title and title II and amendments made by those titles, if the Secretary approves a document, the Secretary shall not subsequently determine the document is inadequate or invalid because of the lack of authority of any person signing the document on behalf of the applicant or any other individual, entity, general partnership, or joint venture, or the documents relied upon were determined inadequate or invalid, unless the person signing the program document knowingly and willfully falsified the evidence of signature authority or a signature. (b) Affirmation (1) In general Nothing in this section prohibits the Secretary from asking a proper party to affirm any document that otherwise would be considered approved under subsection (a). (2) No retroactive effect A denial of benefits based on a lack of affirmation under paragraph (1) shall not be retroactive with respect to third-party producers who were not the subject of the erroneous representation of authority, if the third-party producers— (A) relied on the prior approval by the Secretary of the documents in good faith; and (B) substantively complied with all program requirements. 1614. Implementation (a) Streamlining In implementing this title, the Secretary shall, to the maximum extent practicable— (1) seek to reduce administrative burdens and costs to producers by streamlining and reducing paperwork, forms, and other administrative requirements; (2) improve coordination, information sharing, and administrative work with the Risk Management Agency and the Natural Resources Conservation Service; and (3) take advantage of new technologies to enhance efficiency and effectiveness of program delivery to producers. (b) Implementation On October 1, 2013, the Secretary shall make available to the Farm Service Agency to carry out this title $97,000,000. II Conservation A Conservation Reserve Program 2001. Extension and enrollment requirements of conservation reserve program (a) Extension Section 1231(a) of the Food Security Act of 1985 ( 16 U.S.C. 3831(a) ) is amended by striking 2012 and inserting 2018 . (b) Eligible land Section 1231(b) of the Food Security Act of 1985 ( 16 U.S.C. 3831(b) ) is amended— (1) in paragraph (1)(B), by striking the date of enactment of the Food, Conservation, and Energy Act of 2008 and inserting the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ; (2) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (3) by inserting before paragraph (4) the following: (3) grassland that— (A) contains forbs or shrubland (including improved rangeland and pastureland) for which grazing is the predominant use; (B) is located in an area historically dominated by grassland; and (C) could provide habitat for animal and plant populations of significant ecological value if the land is retained in its current use or restored to a natural condition; ; (4) in paragraph (4)(C), by striking filterstrips devoted to trees or shrubs and inserting filterstrips and riparian buffers devoted to trees, shrubs, or grasses ; and (5) by striking paragraph (5) and inserting the following: (5) the portion of land in a field not enrolled in the conservation reserve in a case in which— (A) more than 50 percent of the land in the field is enrolled as a buffer or filterstrip or more than 75 percent of the land in the field is enrolled in a practice other than as a buffer or filterstrip; and (B) the remainder of the field is— (i) infeasible to farm; and (ii) enrolled at regular rental rates. . (c) Planting Status of Certain Land Section 1231(c) of the Food Security Act of 1985 ( 16 U.S.C. 3831(c) ) is amended by striking if and all that follows through the period at the end and inserting if, during the crop year, the land was devoted to a conserving use. . (d) Enrollment Section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) is amended by striking subsection (d) and inserting the following: (d) Enrollment (1) Maximum acreage enrolled The Secretary may maintain in the conservation reserve at any 1 time during— (A) fiscal year 2014, no more than 30,000,000 acres; (B) fiscal year 2015, no more than 27,500,000 acres; (C) fiscal year 2016, no more than 26,500,000 acres; (D) fiscal year 2017, no more than 25,500,000 acres; and (E) fiscal year 2018, no more than 25,000,000 acres. (2) Grassland (A) Limitation For purposes of applying the limitations in paragraph (1), no more than 1,500,000 acres of the land described in subsection (b)(3) may be enrolled in the program at any 1 time during the 2014 through 2018 fiscal years. (B) Priority In enrolling acres under subparagraph (A), the Secretary may give priority to land with expiring conservation reserve program contracts. (C) Method of enrollment In enrolling acres under subparagraph (A), the Secretary shall make the program available to owners or operators of eligible land at least once during each fiscal year. . (e) Duration of contract Section 1231(e) of the Food Security Act of 1985 ( 16 U.S.C. 3831(e) ) is amended by striking paragraphs (2) and (3) and inserting the following: (2) Special rule for certain land In the case of land devoted to hardwood trees, shelterbelts, windbreaks, or wildlife corridors under a contract entered into under this subchapter, the owner or operator of the land may, within the limitations prescribed under this section, specify the duration of the contract. . (f) Conservation priority areas Section 1231(f) of the Food Security Act of 1985 ( 16 U.S.C. 3831(f) ) is amended— (1) in paragraph (1), by striking watershed areas of the Chesapeake Bay Region, the Great Lakes Region, the Long Island Sound Region, and other ; (2) in paragraph (2), by striking watersheds .—Watersheds and inserting areas .—Areas ; and (3) in paragraph (3), by striking a watershed’s designation— and all that follows through the period at the end and inserting an area’s designation if the Secretary finds that the area no longer contains actual and significant adverse water quality or habitat impacts related to agricultural production activities. . 2002. Farmable wetland program (a) Extension Section 1231B(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(a)(1) ) is amended— (1) by striking 2012 and inserting 2018 ; and (2) by striking a program and inserting a farmable wetland program . (b) Eligible acreage Section 1231B(b)(1)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3831b(b)(1)(B) ) is amended by striking flow from a row crop agriculture drainage system and inserting surface and subsurface flow from row crop agricultural production . (c) Clerical amendments Section 1231B of the Food Security Act of 1985 ( 16 U.S.C. 3831b ) is amended— (1) by striking the heading and inserting the following: 1231B. Farmable wetland program ; and (2) in subsection (f)(2), by striking section 1234(c)(2)(B) and inserting section 1234(c)(2)(A)(ii) . 2003. Duties of owners and operators (a) Limitation on harvesting, grazing or commercial use of forage Section 1232(a)(8) of the Food Security Act of 1985 ( 16 U.S.C. 3832(a)(8) ) is amended by striking except that and all that follows through the semicolon at the end of the paragraph and inserting except as provided in section 1233(b); . (b) Conservation plan requirements Section 1232 of the Food Security Act of 1985 ( 16 U.S.C. 3832 ) is amended by striking subsection (b) and inserting the following: (b) Conservation plans The plan referred to in subsection (a)(1) shall set forth— (1) the conservation measures and practices to be carried out by the owner or operator during the term of the contract; and (2) the commercial use, if any, to be permitted on the land during the term. . (c) Rental payment reduction Section 1232 of the Food Security Act of 1985 ( 16 U.S.C. 3832 ) is amended by striking subsection (d). 2004. Duties of the Secretary Section 1233 of the Food Security Act of 1985 ( 16 U.S.C. 3833 ) is amended to read as follows: 1233. Duties of the Secretary (a) Cost-Share and rental payments In return for a contract entered into by an owner or operator, the Secretary shall— (1) share the cost of carrying out the conservation measures and practices set forth in the contract for which the Secretary determines that cost sharing is appropriate and in the public interest; and (2) for a period of years not in excess of the term of the contract, pay an annual rental payment in an amount necessary to compensate for— (A) the conversion of highly erodible cropland or other eligible land normally devoted to the production of an agricultural commodity on a farm or ranch to a less intensive use; (B) the retirement of any cropland base and allotment history that the owner or operator agrees to retire permanently; and (C) the development and management of grassland for multiple natural resource conservation benefits, including soil, water, air, and wildlife. (b) Specified activities permitted The Secretary shall permit certain activities or commercial uses of land that is subject to the contract if those activities or uses are consistent with a plan approved by the Secretary and include— (1) harvesting, grazing, or other commercial use of the forage in response to drought, flooding, or other emergency without any reduction in the rental rate; (2) grazing by livestock of a beginning farmer or rancher without any reduction in the rental rate, if the grazing is— (A) consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during the primary nesting season for critical birds in the area); and (B) described in subparagraph (B) or (C) of paragraph (3); (3) consistent with the conservation of soil, water quality, and wildlife habitat (including habitat during the primary nesting season for critical birds in the area) and in exchange for a reduction of not less than 25 percent in the annual rental rate for the acres covered by the authorized activity— (A) managed harvesting and other commercial use (including the managed harvesting of biomass), except that in permitting those activities the Secretary, in coordination with the State technical committee— (i) shall develop appropriate vegetation management requirements; and (ii) shall identify periods during which the activities may be conducted, such that the frequency is at least once every 5 years but not more than once every 3 years; (B) prescribed grazing for the control of invasive species, which may be conducted annually; (C) routine grazing, except that in permitting routine grazing, the Secretary, in coordination with the State technical committee— (i) shall develop appropriate vegetation management requirements and stocking rates for the land that are suitable for continued routine grazing; and (ii) shall identify the periods during which routine grazing may be conducted, such that the frequency is not more than once every 2 years, taking into consideration regional differences such as— (I) climate, soil type, and natural resources; (II) the number of years that should be required between routine grazing activities; and (III) how often during a year in which routine grazing is permitted that routine grazing should be allowed to occur; and (D) the installation of wind turbines and associated access, except that in permitting the installation of wind turbines, the Secretary shall determine the number and location of wind turbines that may be installed, taking into account— (i) the location, size, and other physical characteristics of the land; (ii) the extent to which the land contains threatened or endangered wildlife and wildlife habitat; and (iii) the purposes of the conservation reserve program under this subchapter; and (4) the intermittent and seasonal use of vegetative buffer practices incidental to agricultural production on land adjacent to the buffer such that the permitted use does not destroy the permanent vegetative cover. (c) Authorized activities on grassland Notwithstanding section 1232(a)(8), for eligible land described in section 1231(b)(3), the Secretary shall permit the following activities: (1) Common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species appropriate to that locality. (2) Haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the primary nesting season for critical birds in the area. (3) Fire presuppression, rehabilitation, and construction of fire breaks. (4) Grazing-related activities, such as fencing and livestock watering. (d) Resource conserving use (1) In general Beginning on the date that is 1 year before the date of termination of a contract under the program, the Secretary shall allow an owner or operator to make conservation and land improvements that facilitate maintaining protection of highly erodible land after expiration of the contract. (2) Conservation plan The Secretary shall require an owner or operator carrying out the activities described in paragraph (1) to develop and implement a conservation plan. (3) Reenrollment prohibited Land altered under paragraph (1) may not be reenrolled in the conservation reserve program for 5 years. (4) Payment The Secretary shall provide an annual payment that is reduced in an amount commensurate with any income or other compensation received as a result of the activities carried out under paragraph (1). . 2005. Payments (a) Trees, windbreaks, shelterbelts, and wildlife corridors Section 1234(b)(3)(A) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(3)(A) ) is amended— (1) in clause (i), by inserting and after the semicolon; (2) by striking clause (ii); and (3) by redesignating clause (iii) as clause (ii). (b) Incentives Section 1234(b)(3)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3834(b)(3)(B) ) is amended— (1) in clause (i), by inserting , practices to improve the condition of resources on the land, after operator) ; and (2) by adding at the end the following: (iii) Incentives In making rental payments to an owner or operator of land described in subparagraph (A), the Secretary may provide incentive payments sufficient to encourage proper thinning and practices to improve the condition of resources on the land. . (c) Annual rental payments Section 1234(c) of the Food Security Act of 1985 ( 16 U.S.C. 3834(c) ) is amended— (1) in paragraph (1), by inserting and other eligible land after highly erodible cropland both places it appears; (2) by striking paragraph (2) and inserting the following: (2) Methods of Determination (A) In general The amounts payable to owners or operators in the form of rental payments under contracts entered into under this subchapter may be determined through— (i) the submission of bids for such contracts by owners and operators in such manner as the Secretary may prescribe; or (ii) such other means as the Secretary determines are appropriate. (B) Grassland In the case of eligible land described in section 1231(b)(3), the Secretary shall make annual payments in an amount that is not more than 75 percent of the grazing value of the land covered by the contract. ; and (3) in paragraph (5)(A)— (A) by striking The Secretary and inserting the following: (i) Survey The Secretary ; and (B) by adding at the end the following: (ii) Use The Secretary may use the survey of dryland cash rental rates described in clause (i) as a factor in determining rental rates under this section as the Secretary determines appropriate. . (d) Payment schedule Section 1234 of the Food Security Act of 1985 ( 16 U.S.C. 3834 ) is amended by striking subsection (d) and inserting the following: (d) Payment schedule (1) In general Except as otherwise provided in this section, payments under this subchapter shall be made in cash in such amount and on such time schedule as is agreed on and specified in the contract. (2) Source Payments under this subchapter shall be made using the funds of the Commodity Credit Corporation. (3) Advance payment Payments under this subchapter may be made in advance of determination of performance. . (e) Payment limitation Section 1234(f) of the Food Security Act of 1985 ( 16 U.S.C. 3834(f) ) is amended— (1) in paragraph (1), by striking , including rental payments made in the form of in-kind commodities, ; (2) by striking paragraph (3); and (3) by redesignating paragraph (4) as paragraph (2). 2006. Contract requirements Section 1235 of the Food Security Act of 1985 ( 16 U.S.C. 3835 ) is amended— (1) in subsection (f)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking Duties and all that follows through a beginning farmer or rancher or and inserting Transition to covered farmer or rancher .—In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer or rancher, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )), or a ; (ii) in subparagraph (D), by striking the farmer or rancher and inserting the covered farmer or rancher ; and (iii) in subparagraph (E), by striking section 1001A(b)(3)(B) and inserting section 1001 ; and (B) in paragraph (2), by striking requirement of section 1231(h)(4)(B) and inserting option provided under section 1234(c)(2)(A)(ii) ; and (2) by adding at the end the following: (g) Final year of contract The Secretary shall not consider an owner or operator to be in violation of a term or condition of a conservation reserve contract if— (1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and (2) the activity required under the conservation stewardship program pursuant to the enrollment is consistent with this subchapter. (h) Land enrolled in agricultural conservation easement program The Secretary may terminate or modify a contract entered into under this subchapter if eligible land that is subject to such contract is transferred into the agricultural conservation easement program under subtitle H. . 2007. Conversion of land subject to contract to other conserving uses Section 1235A of the Food Security Act of 1985 ( 16 U.S.C. 3835a ) is repealed. 2008. Effective date (a) In general The amendments made by this subtitle shall take effect on October 1, 2013, except, the amendment made by section 2001(d), which shall take effect on the date of enactment of this Act. (b) Effect on existing contracts (1) In general Except as provided in paragraph (2), the amendments made by this subtitle shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Updating of existing contracts The Secretary shall permit an owner or operator with a contract entered into under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) before October 1, 2013, to update the contract to reflect the activities and uses of land under contract permitted under the terms and conditions of paragraphs (1) and (2) of section 1233(b) of that Act (as amended by section 2004). B Conservation Stewardship Program 2101. Conservation stewardship program (a) Revision of current program Subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq. ) is amended to read as follows: B Conservation stewardship program 1238D. Definitions In this subchapter: (1) Agricultural operation The term agricultural operation means all eligible land, whether or not contiguous, that is— (A) under the effective control of a producer at the time the producer enters into a contract under the program; and (B) operated with equipment, labor, management, and production or cultivation practices that are substantially separate from other agricultural operations, as determined by the Secretary. (2) Conservation activities (A) In general The term conservation activities means conservation systems, practices, or management measures. (B) Inclusions The term conservation activities includes— (i) structural measures, vegetative measures, and land management measures, including agriculture drainage management systems, as determined by the Secretary; and (ii) planning needed to address a priority resource concern. (3) Conservation stewardship plan The term conservation stewardship plan means a plan that— (A) identifies and inventories priority resource concerns; (B) establishes benchmark data and conservation objectives; (C) describes conservation activities to be implemented, managed, or improved; and (D) includes a schedule and evaluation plan for the planning, installation, and management of the new and existing conservation activities. (4) Eligible land (A) In general The term eligible land means— (i) private and tribal land on which agricultural commodities, livestock, or forest-related products are produced; and (ii) land associated with the land described in clause (i) on which priority resource concerns could be addressed through a contract under the program. (B) Inclusions The term eligible land includes— (i) cropland; (ii) grassland; (iii) rangeland; (iv) pastureland; (v) nonindustrial private forest land; and (vi) other agricultural land (including cropped woodland, marshes, and agricultural land used for the production of livestock), as determined by the Secretary. (5) Priority resource concern The term priority resource concern means a natural resource concern or problem, as determined by the Secretary, that— (A) is identified at the national, State or local level, as a priority for a particular area of the State; (B) represents a significant concern in a State or region; and (C) is likely to be addressed successfully through the implementation of conservation activities under this program. (6) Program The term program means the conservation stewardship program established by this subchapter. (7) Stewardship threshold The term stewardship threshold means the level of management required, as determined by the Secretary, to conserve and improve the quality and condition of a natural resource. 1238E. Conservation stewardship program (a) Establishment and purpose During each of fiscal years 2014 through 2018, the Secretary shall carry out a conservation stewardship program to encourage producers to address priority resource concerns and improve and conserve the quality and condition of natural resources in a comprehensive manner— (1) by undertaking additional conservation activities; and (2) by improving, maintaining, and managing existing conservation activities. (b) Exclusions (1) Land enrolled in other conservation programs Subject to paragraph (2), the following land (even if covered by the definition of eligible land) is not eligible for enrollment in the program: (A) Land enrolled in the conservation reserve program, unless— (i) the conservation reserve contract will expire at the end of the fiscal year in which the land is to be enrolled in the program; and (ii) conservation reserve program payments for land enrolled in the program cease prior to the date on which the first program payment is made to the applicant under this subchapter. (B) Land enrolled in the agricultural conservation easement program in a wetland reserve easement. (C) Land enrolled in the conservation security program. (2) Conversion to cropland Eligible land used for crop production after October 1, 2013, that had not been planted, considered to be planted, or devoted to crop production for at least 4 of the 6 years preceding that date shall not be the basis for any payment under the program, unless the land does not meet the requirement because— (A) the land had previously been enrolled in the conservation reserve program; (B) the land has been maintained using long-term crop rotation practices, as determined by the Secretary; or (C) the land is incidental land needed for efficient operation of the farm or ranch, as determined by the Secretary. 1238F. Stewardship contracts (a) Submission of contract offers To be eligible to participate in the conservation stewardship program, a producer shall submit a contract offer for the agricultural operation that— (1) demonstrates to the satisfaction of the Secretary that the producer, at the time of the contract offer, is meeting the stewardship threshold for at least 2 priority resource concerns; and (2) would, at a minimum, meet or exceed the stewardship threshold for at least 1 additional priority resource concern by the end of the stewardship contract by— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing existing conservation activities on the agricultural operation in a manner that increases or extends the conservation benefits in place at the time the contract offer is accepted by the Secretary. (b) Evaluation of contract offers (1) Ranking of applications In evaluating contract offers the Secretary shall rank applications based on— (A) the level of conservation treatment on all applicable priority resource concerns at the time of application; (B) the degree to which the proposed conservation activities effectively increase conservation performance; (C) the number of applicable priority resource concerns proposed to be treated to meet or exceed the stewardship threshold by the end of the contract; (D) the extent to which other priority resource concerns will be addressed to meet or exceed the stewardship threshold by the end of the contract period; (E) the extent to which the actual and anticipated conservation benefits from the contract are provided at the least cost relative to other similarly beneficial contract offers; and (F) the extent to which priority resource concerns will be addressed when transitioning from the conservation reserve program to agricultural production. (2) Prohibition The Secretary may not assign a higher priority to any application because the applicant is willing to accept a lower payment than the applicant would otherwise be eligible to receive. (3) Additional criteria The Secretary may develop and use such additional criteria that the Secretary determines are necessary to ensure that national, State, and local priority resource concerns are effectively addressed. (c) Entering into contracts After a determination that a producer is eligible for the program under subsection (a), and a determination that the contract offer ranks sufficiently high under the evaluation criteria under subsection (b), the Secretary shall enter into a conservation stewardship contract with the producer to enroll the eligible land to be covered by the contract. (d) Contract provisions (1) Term A conservation stewardship contract shall be for a term of 5 years. (2) Required provisions The conservation stewardship contract of a producer shall— (A) state the amount of the payment the Secretary agrees to make to the producer for each year of the conservation stewardship contract under section 1238G(d); (B) require the producer— (i) to implement a conservation stewardship plan that describes the program purposes to be achieved through 1 or more conservation activities; (ii) to maintain and supply information as required by the Secretary to determine compliance with the conservation stewardship plan and any other requirements of the program; and (iii) not to conduct any activities on the agricultural operation that would tend to defeat the purposes of the program; (C) permit all economic uses of the eligible land that— (i) maintain the agricultural nature of the land; and (ii) are consistent with the conservation purposes of the conservation stewardship contract; (D) include a provision to ensure that a producer shall not be considered in violation of the contract for failure to comply with the contract due to circumstances beyond the control of the producer, including a disaster or related condition, as determined by the Secretary; (E) include provisions where upon the violation of a term or condition of the contract at any time the producer has control of the land— (i) if the Secretary determines that the violation warrants termination of the contract— (I) to forfeit all rights to receive payments under the contract; and (II) to refund all or a portion of the payments received by the producer under the contract, including any interest on the payments, as determined by the Secretary; or (ii) if the Secretary determines that the violation does not warrant termination of the contract, to refund or accept adjustments to the payments provided to the producer, as the Secretary determines to be appropriate; (F) include provisions in accordance with paragraphs (3) and (4) of this section; and (G) include any additional provisions the Secretary determines are necessary to carry out the program. (3) Change of interest in land subject to a contract (A) In general At the time of application, a producer shall have control of the eligible land to be enrolled in the program. Except as provided in subparagraph (B), a change in the interest of a producer in eligible land covered by a contract under the program shall result in the termination of the contract with regard to that land. (B) Transfer of duties and rights Subparagraph (A) shall not apply if— (i) within a reasonable period of time (as determined by the Secretary) after the date of the change in the interest in all or a portion of the land covered by a contract under the program, the transferee of the land provides written notice to the Secretary that duties and rights under the contract have been transferred to, and assumed by, the transferee for the portion of the land transferred; (ii) the transferee meets the eligibility requirements of the program; and (iii) the Secretary approves the transfer of all duties and rights under the contract. (4) Modification and termination of contracts (A) Voluntary modification or termination The Secretary may modify or terminate a contract with a producer if— (i) the producer agrees to the modification or termination; and (ii) the Secretary determines that the modification or termination is in the public interest. (B) Involuntary termination The Secretary may terminate a contract if the Secretary determines that the producer violated the contract. (5) Repayment If a contract is terminated, the Secretary may, consistent with the purposes of the program— (A) allow the producer to retain payments already received under the contract; or (B) require repayment, in whole or in part, of payments received and assess liquidated damages. (e) Contract renewal At the end of the initial 5-year contract period, the Secretary may allow the producer to renew the contract for 1 additional 5-year period if the producer— (1) demonstrates compliance with the terms of the existing contract; (2) agrees to adopt and continue to integrate conservation activities across the entire agricultural operation as determined by the Secretary; and (3) agrees, at a minimum, to meet or exceed the stewardship threshold for at least 2 additional priority resource concerns on the agricultural operation by the end of the contract period. 1238G. Duties of the secretary (a) In general To achieve the conservation goals of a contract under the conservation stewardship program, the Secretary shall— (1) make the program available to eligible producers on a continuous enrollment basis with 1 or more ranking periods, 1 of which shall occur in the first quarter of each fiscal year; (2) identify not less than 5 priority resource concerns in a particular watershed or other appropriate region or area within a State; and (3) establish a science-based stewardship threshold for each priority resource concern identified under paragraph (2). (b) Allocation to states The Secretary shall allocate acres to States for enrollment, based— (1) primarily on each State’s proportion of eligible land to the total acreage of eligible land in all States; and (2) also on consideration of— (A) the extent and magnitude of the conservation needs associated with agricultural production in each State; (B) the degree to which implementation of the program in the State is, or will be, effective in helping producers address those needs; and (C) other considerations to achieve equitable geographic distribution of funds, as determined by the Secretary. (c) Acreage enrollment limitation During the period beginning on October 1, 2013, and ending on September 30, 2022, the Secretary shall, to the maximum extent practicable— (1) enroll in the program an additional 10,348,000 acres for each fiscal year; and (2) manage the program to achieve a national average rate of $18 per acre, which shall include the costs of all financial assistance, technical assistance, and any other expenses associated with enrollment or participation in the program. (d) Conservation stewardship payments (1) Availability of payments The Secretary shall provide annual payments under the program to compensate the producer for— (A) installing and adopting additional conservation activities; and (B) improving, maintaining, and managing conservation activities in place at the operation of the producer at the time the contract offer is accepted by the Secretary. (2) Payment amount The amount of the conservation stewardship annual payment shall be determined by the Secretary and based, to the maximum extent practicable, on the following factors: (A) Costs incurred by the producer associated with planning, design, materials, installation, labor, management, maintenance, or training. (B) Income forgone by the producer. (C) Expected conservation benefits. (D) The extent to which priority resource concerns will be addressed through the installation and adoption of conservation activities on the agricultural operation. (E) The level of stewardship in place at the time of application and maintained over the term of the contract. (F) The degree to which the conservation activities will be integrated across the entire agricultural operation for all applicable priority resource concerns over the term of the contract. (G) Such other factors as determined by the Secretary. (3) Exclusions A payment to a producer under this subsection shall not be provided for— (A) the design, construction, or maintenance of animal waste storage or treatment facilities or associated waste transport or transfer devices for animal feeding operations; or (B) conservation activities for which there is no cost incurred or income forgone to the producer. (4) Delivery of payments In making stewardship payments, the Secretary shall, to the extent practicable— (A) prorate conservation performance over the term of the contract so as to accommodate, to the extent practicable, producers earning equal annual stewardship payments in each fiscal year; and (B) make stewardship payments as soon as practicable after October 1 of each fiscal year for activities carried out in the previous fiscal year. (e) Supplemental payments for resource-Conserving crop rotations (1) Availability of payments The Secretary shall provide additional payments to producers that, in participating in the program, agree to adopt resource-conserving crop rotations to achieve beneficial crop rotations as appropriate for the eligible land of the producers. (2) Beneficial crop rotations The Secretary shall determine whether a resource-conserving crop rotation is a beneficial crop rotation eligible for additional payments under paragraph (1), based on whether the resource-conserving crop rotation is designed to provide natural resource conservation and production benefits. (3) Eligibility To be eligible to receive a payment described in paragraph (1), a producer shall agree to adopt and maintain the resource-conserving crop rotations for the term of the contract. (4) Resource-conserving crop rotation In this subsection, the term resource-conserving crop rotation means a crop rotation that— (A) includes at least 1 resource conserving crop (as defined by the Secretary); (B) reduces erosion; (C) improves soil fertility and tilth; (D) interrupts pest cycles; and (E) in applicable areas, reduces depletion of soil moisture or otherwise reduces the need for irrigation. (f) Payment limitations A person or legal entity may not receive, directly or indirectly, payments under the program that, in the aggregate, exceed $200,000 under all contracts entered into during fiscal years 2014 through 2018, excluding funding arrangements with Indian tribes, regardless of the number of contracts entered into under the program by the person or legal entity. (g) Specialty crop and organic producers The Secretary shall ensure that outreach and technical assistance are available, and program specifications are appropriate to enable specialty crop and organic producers to participate in the program. (h) Coordination with organic certification The Secretary shall establish a transparent means by which producers may initiate organic certification under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) while participating in a contract under the program. (i) Regulations The Secretary shall promulgate regulations that— (1) prescribe such other rules as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under subsection (f); and (2) otherwise enable the Secretary to carry out the program. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. (c) Effect on existing contracts (1) In general The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under subchapter B of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838d et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Conservation stewardship program Funds made available under section 1241(a)(4) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(4)) (as amended by section 2601(a)) may be used to administer and make payments to program participants enrolled into contracts during any of fiscal years 2009 through 2013. C Environmental Quality Incentives Program 2201. Purposes Section 1240 of the Food Security Act of 1985 ( 16 U.S.C. 3839aa ) is amended— (1) in paragraph (3)— (A) in subparagraph (A), by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C) and, in such subparagraph, by inserting and after the semicolon; and (C) by inserting after subparagraph (A) the following: (B) develop and improve wildlife habitat; and ; (2) in paragraph (4), by striking ; and and inserting a period; and (3) by striking paragraph (5). 2202. Definitions Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is amended— (1) by striking paragraph (2) and redesignating paragraphs (3) through (6) as paragraphs (2) through (5), respectively; and (2) in paragraph (2) (as so redesignated), by inserting established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) after national organic program . 2203. Establishment and administration Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 ) is amended— (1) in subsection (a), by striking 2014 and inserting 2018 ; (2) in subsection (b), by striking paragraph (2) and inserting the following: (2) Term A contract under the program shall have a term that does not exceed 10 years. ; (3) in subsection (d)— (A) in paragraph (3), by striking subparagraphs (A) through (G) and inserting the following: (A) soil health; (B) water quality and quantity improvement; (C) nutrient management; (D) pest management; (E) air quality improvement; (F) wildlife habitat development, including pollinator habitat; (G) invasive species management; or (H) other resource issues of regional or national significance, as determined by the Secretary. ; and (B) in paragraph (4)— (i) in subparagraph (A) in the matter preceding clause (i), by inserting , veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )), before or a beginning farmer or rancher ; and (ii) by striking subparagraph (B) and inserting the following: (B) Advance payments (i) In general Not more than 30 percent of the amount determined under subparagraph (A) may be provided in advance for the purpose of purchasing materials or contracting. (ii) Return of funds If funds provided in advance are not expended during the 90-day period beginning on the date of receipt of the funds, the funds shall be returned within a reasonable time frame, as determined by the Secretary. ; (4) by striking subsection (f) and inserting the following: (f) Allocation of funding (1) Livestock For each of fiscal years 2014 through 2018, at least 60 percent of the funds made available for payments under the program shall be targeted at practices relating to livestock production. (2) Wildlife habitat For each of fiscal years 2014 through 2018, at least 5 percent of the funds made available for payments under the program shall be targeted at practices benefitting wildlife habitat under subsection (g). ; and (5) by striking subsection (g) and inserting the following: (g) Wildlife habitat incentive program (1) In general The Secretary shall provide payments under the environmental quality incentives program for conservation practices that support the restoration, development, and improvement of wildlife habitat on eligible land, including— (A) upland wildlife habitat; (B) wetland wildlife habitat; (C) habitat for threatened and endangered species; (D) fish habitat; (E) habitat on pivot corners and other irregular areas of a field; and (F) other types of wildlife habitat, as determined by the Secretary. (2) State Technical Committee In determining the practices eligible for payment under paragraph (1) and targeted for funding under subsection (f), the Secretary shall, at a minimum, consult with the relevant State technical committee once a year. (3) Waiver Notwithstanding any other provision of this chapter, the Secretary may make payments to a State or local unit of government to enroll land that is riparian to, or submerged under, a water body or wetland if the Secretary determines that the inclusion of the land would support the restoration, development, and improvement of wildlife habitat. . 2204. Evaluation of applications Section 1240C(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–3(b) ) is amended— (1) in paragraph (1), by striking environmental and inserting conservation ; and (2) in paragraph (3), by striking purpose of the environmental quality incentives program specified in section 1240(1) and inserting purposes of the program . 2205. Duties of producers Section 1240D(2) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–4(2) ) is amended by striking farm, ranch, or forest and inserting enrolled . 2206. Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 ) is amended— (1) in subsection (a)— (A) by striking by the person or entity during any six-year period, and inserting during fiscal years 2014 through 2018 ; and (B) by striking federally recognized and all that follows through the period and inserting Indian tribes under section 1244(l). ; and (2) in subsection (b)(2), by striking any six-year period and inserting fiscal years 2014 through 2018 . 2207. Conservation innovation grants and payments Section 1240H of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8 ) is amended— (1) in subsection (b)(2), by striking 2012 and inserting 2018 ; and (2) by adding at the end the following: (c) Reporting Not later than December 31, 2014, and every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of projects funded under this section, including— (1) funding awarded; (2) project results; and (3) incorporation of project findings, such as new technology and innovative approaches, into the conservation efforts implemented by the Secretary. . 2208. Effective date (a) In general The amendments made by this subtitle shall take effect on October 1, 2013. (b) Effect on existing contracts The amendments made by this title shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract. D Agricultural Conservation Easement Program 2301. Agricultural Conservation Easement Program (a) Establishment Title XII of the Food Security Act of 1985 is amended by adding at the end the following: H Agricultural Conservation Easement Program 1265. Establishment and purposes (a) Establishment The Secretary shall establish an Agricultural Conservation Easement Program for the conservation of eligible land and natural resources through easements or other interests in land. (b) Purposes The purposes of the program are to— (1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 1237, the grassland reserve program established under section 1238N, and the farmland protection program established under section 1238I; (2) restore, protect, and enhance wetland on eligible land; (3) protect the agricultural use, viability, and related conservation values of eligible land by limiting nonagricultural uses of that land; and (4) protect grazing uses and related conservation values by restoring and conserving eligible land. 1265A. Definitions In this subtitle: (1) Agricultural land easement The term agricultural land easement means an easement or other interest in eligible land that— (A) is conveyed for the purposes of protecting natural resources and the agricultural nature of the land, and of promoting agricultural viability for future generations; and (B) permits the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan. (2) Eligible entity The term eligible entity means— (A) an agency of State or local government or an Indian tribe (including farmland protection board or land resource council established under State law); or (B) an organization that is— (i) organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (ii) an organization described in section 501(c)(3) of that Code that is exempt from taxation under section 501(a) of that Code; or (iii) described in— (I) paragraph (1) or (2) of section 509(a) of that Code; or (II) section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code. (3) Eligible land The term eligible land means private or tribal land that is— (A) in the case of an agricultural land easement, agricultural land, including land on a farm or ranch— (i) that is subject to a pending offer for purchase from an eligible entity; (ii) that— (I) has prime, unique, or other productive soil; (II) contains historical or archaeological resources; or (III) the protection of which could, consistent with the purposes of the program— (aa) further a State or local policy; or (bb) conserve grassland or agricultural landscapes of significant ecological value; and (iii) that is— (I) cropland; (II) rangeland; (III) grassland or land that contains forbs, or shrubland for which grazing is the predominant use; (IV) pastureland; or (V) nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development; (B) in the case of a wetland reserve easement, a wetland or related area, including— (i) farmed or converted wetland, together with the adjacent land that is functionally dependent on that land if the Secretary determines it— (I) is likely to be successfully restored in a cost effective manner; and (II) will maximize the wildlife benefits and wetland functions and values as determined by the Secretary in consultation with the Secretary of the Interior at the local level; (ii) cropland or grassland that was used for agricultural production prior to flooding from the natural overflow of a closed basin lake or pothole, as determined by the Secretary, together (where practicable) with the adjacent land that is functionally dependent on the cropland or grassland; (iii) farmed wetland and adjoining land that— (I) is enrolled in the conservation reserve program; (II) has the highest wetland functions and values; and (III) is likely to return to production after the land leaves the conservation reserve program; (iv) riparian areas that link wetland that is protected by easements or some other device that achieves the same purpose as an easement; or (v) other wetland of an owner that would not otherwise be eligible if the Secretary determines that the inclusion of such wetland in such easement would significantly add to the functional value of the easement; and (C) in the case of both an agricultural land easement or wetland reserve easement, other land that is incidental to eligible land if the Secretary determines that it is necessary for the efficient administration of the easements under this program. (4) Program The term program means the Agricultural Conservation Easement Program established by this subtitle. (5) Wetland reserve easement The term wetland reserve easement means a reserved interest in eligible land that— (A) is defined and delineated in a deed; and (B) stipulates— (i) the rights, title, and interests in land conveyed to the Secretary; and (ii) the rights, title, and interests in land that are reserved to the landowner. 1265B. Agricultural land easements (a) Availability of assistance The Secretary shall facilitate and provide funding for— (1) the purchase by eligible entities of agricultural land easements and other interests in eligible land; and (2) technical assistance to provide for the conservation of natural resources pursuant to an agricultural land easement plan. (b) Cost-Share assistance (1) In general The Secretary shall provide cost-share assistance to eligible entities for purchasing agricultural land easements to protect the agricultural use, including grazing, and related conservation values of eligible land. (2) Scope of assistance available (A) Federal share Subject to subparagraph (C), an agreement described in paragraph (4) shall provide for a Federal share determined by the Secretary of an amount not to exceed 50 percent of the fair market value of the agricultural land easement or other interest in land, as determined by the Secretary using— (i) the Uniform Standards of Professional Appraisal Practices; (ii) an area-wide market analysis or survey; or (iii) another industry approved method. (B) Non-Federal share (i) In general Subject to subparagraph (C), under the agreement, the eligible entity shall provide a share that is at least equivalent to that provided by the Secretary. (ii) Source of contribution An eligible entity may include as part of its share a charitable donation or qualified conservation contribution (as defined by section 170(h) of the Internal Revenue Code of 1986) from the private landowner if the eligible entity contributes its own cash resources in an amount that is at least 50 percent of the amount contributed by the Secretary. (C) Waiver authority (i) Grassland In the case of grassland of special environmental significance, as determined by the Secretary, the Secretary may provide up to 75 percent of the fair market value of the agricultural land easement. (ii) Cash contribution For purposes of subparagraph (B)(ii), the Secretary may waive any portion of the eligible entity cash contribution requirement for projects of special significance, subject to an increase in the private landowner donation that is equal to the amount of the waiver, if the donation is voluntary. (3) Evaluation and ranking of applications (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations In establishing the criteria, the Secretary shall emphasize support for— (i) protecting agricultural uses and related conservation values of the land; and (ii) maximizing the protection of areas devoted to agricultural use. (C) Bidding down If the Secretary determines that 2 or more applications for cost-share assistance are comparable in achieving the purpose of the program, the Secretary shall not assign a higher priority to any of those applications solely on the basis of lesser cost to the program. (4) Agreements with eligible entities (A) In general The Secretary shall enter into agreements with eligible entities to stipulate the terms and conditions under which the eligible entity is permitted to use cost-share assistance provided under this section. (B) Length of agreements An agreement shall be for a term that is— (i) in the case of an eligible entity certified under the process described in paragraph (5), a minimum of 5 years; and (ii) for all other eligible entities, at least 3, but not more than 5 years. (C) Minimum terms and conditions An eligible entity shall be authorized to use its own terms and conditions for agricultural land easements so long as the Secretary determines such terms and conditions— (i) are consistent with the purposes of the program; (ii) are permanent or for the maximum duration allowed under applicable State law; (iii) permit effective enforcement of the conservation purposes of such easements, including appropriate restrictions depending on the purposes for which the easement is acquired; (iv) include a right of enforcement for the Secretary if terms of the easement are not enforced by the holder of the easement; (v) subject the land in which an interest is purchased to an agricultural land easement plan that— (I) describes the activities which promote the long-term viability of the land to meet the purposes for which the easement was acquired; (II) requires the management of grassland according to a grassland management plan; and (III) includes a conservation plan, where appropriate, and requires, at the option of the Secretary, the conversion of highly erodible cropland to less intensive uses; and (vi) include a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted. (D) Substitution of qualified projects An agreement shall allow, upon mutual agreement of the parties, substitution of qualified projects that are identified at the time of the proposed substitution. (E) Effect of violation If a violation occurs of a term or condition of an agreement under this subsection— (i) the agreement may be terminated; and (ii) the Secretary may require the eligible entity to refund all or part of any payments received by the entity under the program, with interest on the payments as determined appropriate by the Secretary. (5) Certification of eligible entities (A) Certification process The Secretary shall establish a process under which the Secretary may— (i) directly certify eligible entities that meet established criteria; (ii) enter into long-term agreements with certified eligible entities; and (iii) accept proposals for cost-share assistance for the purchase of agricultural land easements throughout the duration of such agreements. (B) Certification criteria In order to be certified, an eligible entity shall demonstrate to the Secretary that the entity will maintain, at a minimum, for the duration of the agreement— (i) a plan for administering easements that is consistent with the purposes of the program described in paragraphs (3) and (4) of section 1265(b); (ii) the capacity and resources to monitor and enforce agricultural land easements; and (iii) policies and procedures to ensure— (I) the long-term integrity of agricultural land easements on eligible land; (II) timely completion of acquisitions of easements; and (III) timely and complete evaluation and reporting to the Secretary on the use of funds provided under the program. (C) Review and revision (i) Review The Secretary shall conduct a review of eligible entities certified under subparagraph (A) every 3 years to ensure that such entities are meeting the criteria established under subparagraph (B). (ii) Revocation If the Secretary finds that the certified entity no longer meets the criteria established under subparagraph (B), the Secretary may— (I) allow the certified entity a specified period of time, at a minimum 180 days, in which to take such actions as may be necessary to meet the criteria; and (II) revoke the certification of the entity, if after the specified period of time, the certified entity does not meet such criteria. (c) Technical assistance The Secretary may provide technical assistance, if requested, to assist in— (1) compliance with the terms and conditions of easements; and (2) implementation of an agricultural land easement plan. 1265C. Wetland reserve easements (a) Availability of assistance The Secretary shall provide assistance to owners of eligible land to restore, protect, and enhance wetland through— (1) easements and related wetland reserve easement plans; and (2) technical assistance. (b) Easements (1) Method of enrollment The Secretary shall enroll eligible land through the use of— (A) 30-year easements; (B) permanent easements; (C) easements for the maximum duration allowed under applicable State laws; or (D) as an option for Indian tribes only, 30-year contracts. (2) Limitations (A) Ineligible land The Secretary may not acquire easements on— (i) land established to trees under the conservation reserve program, except in cases where the Secretary determines it would further the purposes of the program; and (ii) farmed wetland or converted wetland where the conversion was not commenced prior to December 23, 1985. (B) Changes in ownership No easement shall be created on land that has changed ownership during the preceding 12-month period unless— (i) the new ownership was acquired by will or succession as a result of the death of the previous owner; (ii) (I) the ownership change occurred because of foreclosure on the land; and (II) immediately before the foreclosure, the owner of the land exercises a right of redemption from the mortgage holder in accordance with State law; or (iii) the Secretary determines that the land was acquired under circumstances that give adequate assurances that such land was not acquired for the purposes of placing it in the program. (3) Evaluation and ranking of offers (A) Criteria The Secretary shall establish evaluation and ranking criteria to maximize the benefit of Federal investment under the program. (B) Considerations When evaluating offers from landowners, the Secretary may consider— (i) the conservation benefits of obtaining an easement or 30-year contract, including the potential environmental benefits if the land was removed from agricultural production; (ii) the cost-effectiveness of each easement or 30-year contract, so as to maximize the environmental benefits per dollar expended; (iii) whether the landowner or another person is offering to contribute financially to the cost of the easement or 30-year contract to leverage Federal funds; and (iv) such other factors as the Secretary determines are necessary to carry out the purposes of the program. (C) Priority The Secretary shall place priority on acquiring easements based on the value of the easement for protecting and enhancing habitat for migratory birds and other wildlife. (4) Agreement To be eligible to place eligible land into the program through a wetland reserve easement, the owner of such land shall enter into an agreement with the Secretary to— (A) grant an easement on such land to the Secretary; (B) authorize the implementation of a wetland reserve easement plan; (C) create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to; (D) provide a written statement of consent to such easement signed by those holding a security interest in the land; (E) comply with the terms and conditions of the easement and any related agreements; and (F) permanently retire any existing cropland base and allotment history for the land on which the easement has been obtained. (5) Terms and conditions of easement (A) In general A wetland reserve easement shall include terms and conditions that— (i) permit— (I) repairs, improvements, and inspections on the land that are necessary to maintain existing public drainage systems; and (II) owners to control public access on the easement areas while identifying access routes to be used for restoration activities and management and easement monitoring; (ii) prohibit— (I) the alteration of wildlife habitat and other natural features of such land, unless specifically authorized by the Secretary; (II) the spraying of such land with chemicals or the mowing of such land, except where such spraying or mowing is authorized by the Secretary or is necessary— (aa) to comply with Federal or State noxious weed control laws; (bb) to comply with a Federal or State emergency pest treatment program; or (cc) to meet habitat needs of specific wildlife species; (III) any activities to be carried out on the owner’s or successor’s land that is immediately adjacent to, and functionally related to, the land that is subject to the easement if such activities will alter, degrade, or otherwise diminish the functional value of the eligible land; and (IV) the adoption of any other practice that would tend to defeat the purposes of the program, as determined by the Secretary; (iii) provide for the efficient and effective establishment of wetland functions and values; and (iv) include such additional provisions as the Secretary determines are desirable to carry out the program or facilitate the practical administration thereof. (B) Violation On the violation of the terms or conditions of the easement, the easement shall remain in force and the Secretary may require the owner to refund all or part of any payments received by the owner under the program, together with interest thereon as determined appropriate by the Secretary. (C) Compatible uses Land subject to a wetland reserve easement may be used for compatible economic uses, including such activities as hunting and fishing, managed timber harvest, or periodic haying or grazing, if such use is specifically permitted by the wetland reserve easement plan and is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established. (D) Reservation of grazing rights The Secretary may include in the terms and conditions of an easement a provision under which the owner reserves grazing rights if— (i) the Secretary determines that the reservation and use of the grazing rights— (I) is compatible with the land subject to the easement; (II) is consistent with the historical natural uses of the land and long-term protection and enhancement goals for which the easement was established; and (III) complies with the wetland reserve easement plan; and (ii) the agreement provides for a commensurate reduction in the easement payment to account for the grazing value, as determined by the Secretary. (E) Application The relevant provisions of this paragraph shall also apply to a 30-year contract. (6) Compensation (A) Determination (i) In general The Secretary shall pay as compensation for a permanent easement acquired an amount necessary to encourage enrollment in the program based on the lowest of— (I) the fair market value of the land, as determined by the Secretary, using the Uniform Standards of Professional Appraisal Practices or an area-wide market analysis or survey; (II) the amount corresponding to a geographical cap, as determined by the Secretary in regulations; or (III) the offer made by the landowner. (ii) Other Compensation for a 30-year contract or 30-year easement shall be not less than 50 percent, but not more than 75 percent, of the compensation that would be paid for a permanent easement. (B) Form of payment Compensation shall be provided by the Secretary in the form of a cash payment, in an amount determined under subparagraph (A). (C) Payment schedule (i) Easements valued at less than $500,000 For easements valued at $500,000 or less, the Secretary may provide easement payments in not more than 10 annual payments. (ii) Easements valued at more than $500,000 For easements valued at more than $500,000, the Secretary may provide easement payments in at least 5, but not more than 10 annual payments, except that, if the Secretary determines it would further the purposes of the program, the Secretary may make a lump sum payment for such an easement. (c) Easement restoration (1) In general The Secretary shall provide financial assistance to carry out the establishment of conservation measures and practices and protect wetland functions and values, including necessary maintenance activities, as set forth in a wetland reserve easement plan. (2) Payments The Secretary shall— (A) in the case of a permanent easement, pay an amount that is not less than 75 percent, but not more than 100 percent, of the eligible costs; and (B) in the case of a 30-year contract or 30-year easement, pay an amount that is not less than 50 percent, but not more than 75 percent, of the eligible costs. (d) Technical assistance (1) In general The Secretary shall assist owners in complying with the terms and conditions of easements and 30-year contracts. (2) Contracts or agreements The Secretary may enter into 1 or more contracts with private entities or agreements with a State, non-governmental organization, or Indian tribe to carry out necessary restoration, enhancement or maintenance of an easement if the Secretary determines that the contract or agreement will advance the purposes of the program. (e) Wetland enhancement option The Secretary may enter into 1 or more agreements with a State (including a political subdivision or agency of a State), nongovernmental organization, or Indian tribe to carry out a special wetland enhancement option that the Secretary determines would advance the purposes of the program. (f) Administration (1) Wetland reserve easement plan The Secretary shall develop a wetland reserve easement plan for eligible land subject to a wetland reserve easement, which will include the practices and activities necessary to restore, protect, enhance, and maintain the enrolled land. (2) Delegation of easement administration (A) In general The Secretary may delegate any of the easement management, monitoring, and enforcement responsibilities of the Secretary to other Federal or State agencies that have the appropriate authority, expertise and resources necessary to carry out such delegated responsibilities or to other conservation organizations if the Secretary determines the organization has similar expertise and resources. (B) Limitation The Secretary shall not delegate any of the monitoring or enforcement responsibilities under the program to conservation organizations. (3) Payments (A) Timing of payments The Secretary shall provide payment for obligations incurred by the Secretary under this section— (i) with respect to any easement restoration obligation as soon as possible after the obligation is incurred; and (ii) with respect to any annual easement payment obligation incurred by the Secretary as soon as possible after October 1 of each calendar year. (B) Payments to others If an owner who is entitled to a payment dies, becomes incompetent, is otherwise unable to receive such payment, or is succeeded by another person or entity who renders or completes the required performance, the Secretary shall make such payment, in accordance with regulations prescribed by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all of the circumstances. 1265D. Administration (a) Ineligible land The Secretary may not acquire an easement under the program on— (1) land owned by an agency of the United States, other than land held in trust for Indian tribes; (2) land owned in fee title by a State, including an agency or a subdivision of a State, or a unit of local government; (3) land subject to an easement or deed restriction which, as determined by the Secretary, provides similar protection as would be provided by enrollment in the program; and (4) land where the purposes of the program would be undermined due to on-site or off-site conditions, such as risk of hazardous substances, proposed or existing rights of way, infrastructure development, or adjacent land uses. (b) Priority In evaluating applications under the program, the Secretary may give priority to land that is currently enrolled in the conservation reserve program in a contract that is set to expire within 1 year and— (1) in the case of an agricultural land easement, is grassland that would benefit from protection under a long-term easement; and (2) in the case of a wetland reserve easement, is a wetland or related area with the highest functions and values and is likely to return to production after the land leaves the conservation reserve program. (c) Subordination, exchange, modification, and termination (1) In general The Secretary may subordinate, exchange, terminate, or modify any interest in land, or portion of such interest, administered by the Secretary, either directly or on behalf of the Commodity Credit Corporation under the program when the Secretary determines that— (A) it is in the Federal Government’s interest to subordinate, exchange, modify or terminate the interest in land; (B) the subordination, exchange, modification, or termination action— (i) will address a compelling public need for which there is no practicable alternative, or (ii) such action will further the practical administration of the program; and (C) the subordination, exchange, modification, or termination action will result in comparable conservation value and equivalent or greater economic value to the United States. (2) Consultation The Secretary shall work with the current owner, and eligible entity if applicable, to address any subordination, exchange, termination, or modification of the interest, or portion of such interest in land. (3) Notice At least 90 days before taking any termination action described in paragraph (1), the Secretary shall provide written notice of such action to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. (d) Land enrolled in other programs (1) Conservation reserve program The Secretary may terminate or modify an existing contract entered into under section 1231(a) if eligible land that is subject to such contract is transferred into the program. (2) Other Land enrolled in the wetlands reserve program, grassland reserve program, or farmland protection program shall be considered enrolled in this program. . (b) Compliance with certain requirements Before an eligible entity or owner of eligible land may receive assistance under subtitle H of title XII of the Food Security Act of 1985, the eligible entity or person shall agree, during the crop year for which the assistance is provided and in exchange for the assistance— (1) to comply with applicable conservation requirements under subtitle B of title XII of that Act (16 U.S.C. 3811 et seq.); and (2) to comply with applicable wetland protection requirements under subtitle C of title XII of that Act (16 U.S.C. 3821 et seq.). (c) Cross-Reference Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 ) is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) by inserting and at the end of subparagraph (A); (ii) by striking and at the end of subparagraph (B); and (iii) by striking subparagraph (C); (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1) the following: (2) the Agricultural Conservation Easement Program established under subtitle H; and ; and (2) in subsection (f)— (A) in paragraph (1)— (i) in subparagraph (A), by striking programs administered under subchapters B and C of chapter 1 of subtitle D and inserting conservation reserve program established under subchapter B of chapter 1 of subtitle D and the Agricultural Conservation Easement Program under subtitle H using wetland reserve easements under section 1265C ; and (ii) in subparagraph (B), by striking subchapter C of chapter 1 of subtitle D and inserting the Agricultural Conservation Easement Program under subtitle H using wetland reserve easements under section 1265C ; and (B) by striking paragraph (4) and inserting the following: (4) Exclusions (A) Shelterbelts and windbreaks The limitations established under paragraph (1) shall not apply to cropland that is subject to an easement under subchapter C of chapter 1 that is used for the establishment of shelterbelts and windbreaks. (B) Wet and saturated soils For the purposes of enrolling land in a wetland reserve easement under subtitle H, the limitations established under paragraph (1) shall not apply to cropland designated by the Secretary with subclass w in the land capability classes IV through VIII because of severe use limitations due to soil saturation or inundation. . (d) Effective date The amendments made by this section shall take effect on October 1, 2013. E Regional Conservation Partnership Program 2401. Regional Conservation Partnership Program (a) In general Title XII of the Food Security Act of 1985 is amended by inserting after subtitle H (as added by section 2301) the following: I Regional Conservation Partnership Program 1271. Establishment and purposes (a) Establishment The Secretary shall establish a Regional Conservation Partnership Program to implement eligible activities through— (1) partnership agreements with eligible partners; and (2) contracts with producers. (b) Purposes The purposes of the program are— (1) to combine the purposes and coordinate the functions of— (A) the agricultural water enhancement program established under section 1240I; (B) the Chesapeake Bay watershed program established under section 1240Q; (C) the cooperative conservation partnership initiative established under section 1243; and (D) the Great Lakes basin program for soil erosion and sediment control established under section 1240P; (2) to further the conservation, restoration, and sustainable use of soil, water, wildlife, and related natural resources on a regional or watershed scale; and (3) to encourage partners to cooperate with producers in— (A) meeting or avoiding the need for national, State, and local natural resource regulatory requirements related to production; and (B) implementing projects that will result in the installation and maintenance of eligible activities that affect multiple agricultural or nonindustrial private forest operations on a local, regional, State, or multi-State basis. 1271A. Definitions In this subtitle: (1) Covered programs The term covered programs means— (A) the agricultural conservation easement program; (B) the environmental quality incentives program; (C) the conservation stewardship program; and (D) the healthy forests reserve program established under section 501 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6571 ). (2) Eligible activity The term eligible activity means any of the following conservation activities when delivered through a covered program: (A) Water quality restoration or enhancement projects, including nutrient management and sediment reduction. (B) Water quantity conservation, restoration, or enhancement projects relating to surface water and groundwater resources, including— (i) the conversion of irrigated cropland to the production of less water-intensive agricultural commodities or dryland farming; and (ii) irrigation system improvement and irrigation efficiency enhancement. (C) Drought mitigation. (D) Flood prevention. (E) Water retention. (F) Habitat conservation, restoration, and enhancement. (G) Erosion control. (H) Forest restoration, including recovery of threatened and endangered species, improvement of biodiversity, and enhancement of carbon sequestration. (I) Other related activities that the Secretary determines will help achieve conservation benefits. (3) Eligible partner The term eligible partner means any of the following: (A) An agricultural or silvicultural producer association or other group of producers. (B) A State or unit of local government. (C) An Indian tribe. (D) A farmer cooperative. (E) An institution of higher education. (F) A municipal water or wastewater treatment entity. (G) An organization or other nongovernmental entity with an established history of working cooperatively with producers on agricultural land, as determined by the Secretary, to address— (i) local conservation priorities related to agricultural production, wildlife habitat development, and nonindustrial private forest land management; or (ii) critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource concerns. (4) Partnership agreement The term partnership agreement means an agreement between the Secretary and an eligible partner. (5) Program The term program means the Regional Conservation Partnership Program established by this subtitle. 1271B. Regional conservation partnerships (a) Partnership agreements authorized The Secretary may enter into a partnership agreement with an eligible partner to implement a project that will assist producers with installing and maintaining an eligible activity. (b) Length A partnership agreement shall be for a period not to exceed 5 years, except that the Secretary may extend the agreement 1 time for up to 12 months when an extension is necessary to meet the objectives of the program. (c) Duties of partners (1) In general Under a partnership agreement, the eligible partner shall— (A) define the scope of a project, including— (i) the eligible activities to be implemented; (ii) the potential agricultural or nonindustrial private forest operations affected; (iii) the local, State, multi-State or other geographic area covered; and (iv) the planning, outreach, implementation and assessment to be conducted; (B) conduct outreach and education to producers for potential participation in the project; (C) at the request of a producer, act on behalf of a producer participating in the project in applying for assistance under section 1271C; (D) leverage financial or technical assistance provided by the Secretary with additional funds to help achieve the project objectives; (E) conduct an assessment of the project’s effects; and (F) at the conclusion of the project, report to the Secretary on its results and funds leveraged. (2) Contribution A partner shall provide a significant portion of the overall costs of the scope of the project as determined by the Secretary. (d) Applications (1) Competitive process The Secretary shall conduct a competitive process to select applications for partnership agreements and may assess and rank applications with similar conservation purposes as a group. (2) Criteria used In carrying out the process described in paragraph (1), the Secretary shall make public the criteria used in evaluating applications. (3) Content An application to the Secretary shall include a description of— (A) the scope of the project as described in subsection (c)(1)(A); (B) the plan for monitoring, evaluating, and reporting on progress made towards achieving the project’s objectives; (C) the program resources requested for the project, including the covered programs to be used and estimated funding needed from the Secretary; (D) the partners collaborating to achieve project objectives, including their roles, responsibilities, capabilities, and financial contribution; and (E) any other elements the Secretary considers necessary to adequately evaluate and competitively select applications for funding under the program. (4) Application selection (A) Priority to certain applications The Secretary shall give a higher priority to applications that— (i) assist producers in meeting or avoiding the need for a natural resource regulatory requirement; (ii) significantly leverage non-Federal financial and technical resources and coordinate with other local, State, regional, or national efforts; (iii) deliver high percentages of applied conservation to address conservation priorities or local, State, regional, or national conservation initiatives; (iv) provide innovation in conservation methods and delivery, including outcome-based performance measures and methods; or (v) provide innovation in the improvement and delivery of water quality or quantity, including outcome-based performance measures and methods. (B) Other applications The Secretary may give priority to applications that— (i) have a high percentage of producers in the area to be covered by the agreement; or (ii) meet other factors that are important for achieving the purposes of the program, as determined by the Secretary. 1271C. Assistance to producers (a) In general The Secretary shall enter into contracts to provide financial and technical assistance to— (1) producers participating in a project with an eligible partner as described in section 1271B; or (2) producers that fit within the scope of a project described in section 1271B or a critical conservation area designated pursuant to section 1271F, but who are seeking to implement an eligible activity independent of a partner. (b) Terms and conditions (1) Consistency with program rules (A) In general Except as provided in paragraph (2) and subparagraph (B), the Secretary shall ensure that the terms and conditions of a contract under this section are consistent with the applicable rules of the covered programs to be used as part of the partnership agreement, as described in the application under section 1271B(d)(3)(C). (B) Adjustments (i) In general The Secretary may adjust rules of a covered program, including— (I) operational guidance and requirements for a covered program at the discretion of the Secretary so as to provide a simplified application and evaluation process; and (II) nonstatutory, regulatory rules or provisions to better reflect unique local circumstances and purposes if the Secretary determines such adjustments are necessary to achieve the purposes of the covered program. (ii) Limitation The Secretary shall not adjust the application of statutory requirements for a covered program, including requirements governing appeals, payment limits, and conservation compliance. (iii) Irrigation In States where irrigation has not been used significantly for agricultural purposes, as determined by the Secretary, the Secretary shall not limit eligibility under section 1271B or this section on the basis of prior irrigation history. (2) Alternative funding arrangements (A) In general Notwithstanding paragraph (1)(A), for the purposes of providing assistance for land described in subsection (a) and section 1271F, the Secretary may enter into alternative funding arrangements with a multistate water resource agency or authority if— (i) the Secretary determines that the goals and objectives of the program will be met by the alternative funding arrangements; (ii) the agency or authority certifies that the limitations established under this section on agreements with individual producers will not be exceeded; and (iii) all participating producers meet applicable payment eligibility provisions. (B) Conditions As a condition on receipt of funding under subparagraph (A), the multistate water resource agency or authority shall agree— (i) to submit an annual independent audit to the Secretary that describes the use of funds under this paragraph; (ii) to provide any data necessary for the Secretary to issue a report on the use of funds under this paragraph; and (iii) not to use any of the funds provided pursuant to subparagraph (A) for administration or provide for administrative costs through contracts with another entity. (C) Limitation The Secretary may enter into at least 10 but not more than 20 alternative funding arrangements under this paragraph. (c) Payments (1) In general In accordance with statutory requirements of the covered programs involved, the Secretary may make payments to a producer in an amount determined by the Secretary to be necessary to achieve the purposes of the program. (2) Payments to certain producers The Secretary may provide payments for a period of 5 years— (A) to producers participating in a project that addresses water quantity concerns and in an amount sufficient to encourage conversion from irrigated to dryland farming; and (B) to producers participating in a project that addresses water quality concerns and in an amount sufficient to encourage adoption of conservation practices and systems that improve nutrient management. (3) Waiver authority To assist in the implementation of the program, the Secretary may waive the applicability of the limitation in section 1001D(b)(2) of this Act for participating producers if the Secretary determines that the waiver is necessary to fulfill the objectives of the program. 1271D. Funding (a) Availability of funds The Secretary shall use $110,000,000 of the funds of the Commodity Credit Corporation for each of fiscal years 2014 through 2018 to carry out the program established under this subtitle. (b) Duration of availability Funds made available under subsection (a) shall remain available until expended. (c) Additional funding and acres (1) In general In addition to the funds made available under subsection (a), the Secretary shall reserve 8 percent of the funds and acres made available for a covered program for each of fiscal years 2014 through 2018 in order to ensure additional resources are available to carry out this program. (2) Unused funds and acres Any funds or acres reserved under paragraph (1) for a fiscal year from a covered program that are not obligated under this program by April 1 of that fiscal year shall be returned for use under the covered program. (d) Allocation of funding Of the funds and acres made available for the program under subsections (a) and (c), the Secretary shall allocate— (1) 25 percent of the funds and acres to projects based on a State competitive process administered by the State conservationist, with the advice of the State technical committee; (2) 40 percent of the funds and acres to projects based on a national competitive process to be established by the Secretary; and (3) 35 percent of the funds and acres to projects for the critical conservation areas designated in section 1271F. (e) Limitation on administrative expenses None of the funds made available under the program may be used to pay for the administrative expenses of partners. 1271E. Administration (a) Disclosure In addition to the criteria used in evaluating applications as described in section 1271B(d)(2), the Secretary shall make publicly available information on projects selected through the competitive process described in section 1271B(d)(1). (b) Reporting Not later than December 31, 2014, and for every 2 years thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the status of projects funded under the program, including— (1) the number and types of partners and producers participating in the partnership agreements selected; (2) the number of producers receiving assistance; (3) total funding committed to projects, including Federal and non-Federal resources; and (4) a description of how the funds under section 1271C(b)(3) are being administered, including— (A) any oversight mechanisms that the Secretary has implemented; (B) the process through which the Secretary is resolving appeals by program participants; and (C) the means by which the Secretary is tracking adherence to any applicable provisions for payment eligibility. 1271F. Critical conservation areas (a) In general When administering the funding described in section 1271D(d)(3), the Secretary shall select applications for partnership agreements and producer contracts within designated critical conservation areas. (b) Critical conservation area designations (1) In general The Secretary shall designate up to 6 geographical areas as critical conservation areas based on the degree to which an area— (A) includes multiple States with significant agricultural production; (B) is covered by an existing regional, State, binational, or multistate agreement or plan that has established objectives, goals and work plans and is adopted by a Federal, State, or regional authority; (C) has water quality concerns, including concerns for reducing erosion, promoting sediment control, and addressing nutrient management activities affecting large bodies of water of regional, national, or international significance; (D) has water quantity concerns, including— (i) concerns for groundwater, surface water, aquifer, or other water sources; or (ii) a need to promote water retention and flood prevention; (E) is vital habitat for migrating wildlife; or (F) is subject to regulatory requirements that could reduce the economic scope of agricultural operations within the area. (2) Expiration Critical conservation area designations under this section shall expire after 5 years, subject to redesignation, except that the Secretary may withdraw designation from an area if the Secretary finds the area no longer meets the conditions described in paragraph (1). (c) Administration (1) In general Except as provided in paragraph (2), the Secretary shall administer any partnership agreement or producer contract under this section in a manner that is consistent with the terms of the program. (2) Relationship to existing activity The Secretary shall, to the maximum extent practicable, ensure that eligible activities carried out in critical conservation areas designated under this section complement and are consistent with other Federal and State programs and water quality and quantity strategies. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. F Other Conservation Programs 2501. Conservation of private grazing land Section 1240M(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb(e) ) is amended inserting and $30,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 2502. Grassroots source water protection program Section 1240O(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2(b) ) is amended by inserting and $15,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 2503. Voluntary public access and habitat incentive program (a) Funding Section 1240R(f)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5(f)(1) ) is amended— (1) in the heading, by striking Fiscal years 2009 through 2012 and inserting Mandatory funding ; and (2) by inserting and $40,000,000 for the period of fiscal years 2014 through 2018 before the period at the end. (b) Report on program effectiveness Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report evaluating the effectiveness of the voluntary public access and habitat incentive program established by section 1240R of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–5 ), including— (1) identifying cooperating agencies; (2) identifying the number of land holdings and total acres enrolled by State; (3) evaluating the extent of improved access on eligible land, improved wildlife habitat, and related economic benefits; and (4) any other relevant information and data relating to the program that would be helpful to such Committees. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2504. Agriculture conservation experienced services program (a) Funding Section 1252 of the Food Security Act of 1985 ( 16 U.S.C. 3851 ) is amended by striking subsection (c) and inserting the following: (c) Funding (1) In general The Secretary may carry out the ACES program using funds made available to carry out each program under this title. (2) Exclusion Funds made available to carry out the conservation reserve program may not be used to carry out the ACES program. . (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2505. Small watershed rehabilitation program Section 14(h)(2)(E) of the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1012(h)(2)(E) ) is amended by striking 2012 and inserting 2018 . 2506. Emergency watershed protection program Section 403 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2203 ) is amended— (1) by striking Sec. 402.—The Secretary and inserting the following: 402. Emergency measures (a) In general The Secretary ; and (2) by adding at the end the following: (b) Floodplain easements (1) Modification and termination The Secretary may modify or terminate a floodplain easement administered by the Secretary under this section if— (A) the current owner agrees to the modification or termination; and (B) the Secretary determines that the modification or termination— (i) will address a compelling public need for which there is no practicable alternative; and (ii) is in the public interest. (2) Consideration (A) Termination As consideration for termination of an easement and associated agreements under paragraph (1), the Secretary shall enter into compensatory arrangements as determined to be appropriate by the Secretary. (B) Modification In the case of a modification under paragraph (1)— (i) as a condition of the modification, the current owner shall enter into a compensatory arrangement (as determined to be appropriate by the Secretary) to incur the costs of modification; and (ii) the Secretary shall ensure that— (I) the modification will not adversely affect the floodplain functions and values for which the easement was acquired; (II) any adverse impacts will be mitigated by enrollment and restoration of other land that provides greater floodplain functions and values at no additional cost to the Federal Government; and (III) the modification will result in equal or greater environmental and economic values to the United States. . 2507. Terminal lakes assistance Section 2507 of the Food, Security, and Rural Investment Act of 2002 ( 43 U.S.C. 2211 note; Public Law 107–171 ) is amended to read as follows: 2507. Terminal lakes assistance (a) Definitions In this section: (1) Eligible land The term eligible land means privately owned agricultural land (including land in which a State has a property interest as a result of state water law)— (A) that a landowner voluntarily agrees to sell to a State; and (B) which— (i) (I) is ineligible for enrollment as a wetland reserve easement established under the Agricultural Conservation Easement Program under subtitle H of the Food Security Act of 1985; (II) is flooded to— (aa) an average depth of at least 6.5 feet; or (bb) a level below which the State determines the management of the water level is beyond the control of the State or landowner; or (III) is inaccessible for agricultural use due to the flooding of adjoining property (such as islands of agricultural land created by flooding); (ii) is located within a watershed with water rights available for lease or purchase; and (iii) has been used during at least 5 of the immediately preceding 30 years— (I) to produce crops or hay; or (II) as livestock pasture or grazing. (2) Program The term program means the voluntary land purchase program established under this section. (3) Terminal lake The term terminal lake means a lake and its associated riparian and watershed resources that is— (A) considered flooded because there is no natural outlet for water accumulating in the lake or the associated riparian area such that the watershed and surrounding land is consistently flooded; or (B) considered terminal because it has no natural outlet and is at risk due to a history of consistent Federal assistance to address critical resource conditions, including insufficient water available to meet the needs of the lake, general uses, and water rights. (b) Assistance The Secretary shall— (1) provide grants under subsection (c) for the purchase of eligible land impacted by a terminal lake described in subsection (a)(3)(A); and (2) provide funds to the Secretary of the Interior pursuant to subsection (e)(2) with assistance in accordance with subsection (d) for terminal lakes described in subsection (a)(3)(B). (c) Land purchase grants (1) In general Using funds provided under subsection (e)(1), the Secretary shall make available land purchase grants to States for the purchase of eligible land in accordance with this subsection. (2) Implementation (A) Amount A land purchase grant shall be in an amount not to exceed the lesser of— (i) 50 percent of the total purchase price per acre of the eligible land; or (ii) (I) in the case of eligible land that was used to produce crops or hay, $400 per acre; and (II) in the case of eligible land that was pasture or grazing land, $200 per acre. (B) Determination of purchase price A State purchasing eligible land with a land purchase grant shall ensure, to the maximum extent practicable, that the purchase price of such land reflects the value, if any, of other encumbrances on the eligible land to be purchased, including easements and mineral rights. (C) Cost-share required To be eligible to receive a land purchase grant, a State shall provide matching non-Federal funds in an amount equal to 50 percent of the amount described in subparagraph (A), including additional non-Federal funds. (D) Conditions To receive a land purchase grant, a State shall agree— (i) to ensure that any eligible land purchased is— (I) conveyed in fee simple to the State; and (II) free from mortgages or other liens at the time title is transferred; (ii) to maintain ownership of the eligible land in perpetuity; (iii) to pay (from funds other than grant dollars awarded) any costs associated with the purchase of eligible land under this section, including surveys and legal fees; and (iv) to keep eligible land in a conserving use, as defined by the Secretary. (E) Loss of federal benefits Eligible land purchased with a grant under this section shall lose eligibility for any benefits under other Federal programs, including— (i) benefits under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq. ); (ii) benefits under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ); and (iii) covered benefits described in section 1001D(b) of the Food Security Act of 1985 ( 7 U.S.C. 1308–3a ). (F) Prohibition Any Federal rights or benefits associated with eligible land prior to purchase by a State may not be transferred to any other land or person in anticipation of or as a result of such purchase. (d) Water assistance (1) In general The Secretary of the Interior, acting through the Commissioner of Reclamation, may use the funds described in subsection (e)(2) to administer and provide financial assistance to carry out this subsection to provide water and assistance to a terminal lake described in subsection (a)(3)(B) through willing sellers or willing participants only— (A) to lease water; (B) to purchase land, water appurtenant to the land, and related interests; and (C) to carry out research, support and conservation activities for associated fish, wildlife, plant, and habitat resources. (2) Exclusions The Secretary of the Interior may not use this subsection to deliver assistance to the Great Salt Lake in Utah, lakes that are considered dry lakes, or other lakes that do not meet the purposes of this section, as determined by the Secretary of the Interior. (3) Transitional provision (A) In general Notwithstanding any other provision of this section, any funds made available before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 under a provision of law described in subparagraph (B) shall remain available using the provisions of law (including regulations) in effect on the day before the date of enactment of that Act. (B) Described laws The provisions of law described in this section are— (i) section 2507 of the Farm Security and Rural Investment Act of 2002 ( 43 U.S.C. 2211 note; Public Law 107–171 ) (as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ); (ii) section 207 of the Energy and Water Development Appropriations Act, 2003 ( Public Law 108–7 ; 117 Stat. 146); (iii) section 208 of the Energy and Water Development Appropriations Act, 2006 ( Public Law 109–103 ; 119 Stat. 2268, 123 Stat. 2856); and (iv) section 208 of the Energy and Water Development and Related Agencies Appropriations Act, 2010 ( Public Law 111–85 ; 123 Stat. 2858, 123 Stat. 2967, 125 Stat. 867). (e) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (c) $25,000,000, to remain available until expended. (2) Commodity credit corporation As soon as practicable after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary shall transfer to the Bureau of Reclamation Water and Related Resources Account $150,000,000 from the funds of the Commodity Credit Corporation to carry out subsection (d), to remain available until expended. . 2508. Study of potential improvements to the wetland mitigation process (a) In general Not later than 180 after the date of enactment of this Act, the Secretary shall carry out a study— (1) to evaluate the use of wetland mitigation procedures under this title and the amendments made by this title; (2) to determine the impact to wildlife habitat of relaxing the acre-for-acre requirement for wetland mitigation plans that result in new wetland that possesses a function and value greater than the wetland that is replaced; and (3) to provide legislative recommendations for how wetland mitigation procedures could be improved to better enable agricultural producers to use wetland mitigation in a manner that— (A) benefits wildlife habitat; and (B) allows producers greater access to the wetland mitigation process. (b) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall— (1) submit to Congress a report that contains— (A) the findings of the study; and (B) any legislative recommendations under subsection (a)(3); and (2) publish the findings of the study on a public website and in the Federal Register. 2509. Soil and water resource conservation (a) Congressional policy and declaration of purpose Section 4 of the Soil and Water Resources Conservation Act of 1977 ( 16 U.S.C. 2003 ) is amended— (1) in subsection (b), by inserting and tribal after State each place it appears; and (2) in subsection (c)(2), by inserting , tribal, after State . (b) Continuing appraisal of soil, water, and related resources Section 5 of the Soil and Water Resources Conservation Act of 1977 ( 16 U.S.C. 2004 ) is amended— (1) in subsection (a)(4), by striking and State and inserting , State, and tribal ; (2) in subsection (b), by inserting , tribal after State each place it appears; and (3) in subsection (c)— (A) by striking State soil and inserting State and tribal soil ; and (B) by striking local and inserting local, tribal, . (c) Soil and water conservation program Section 6(a) of the Soil and Water Resources Conservation Act of 1977 ( 16 U.S.C. 2005(a) ) is amended— (1) by inserting , tribal after State each place it appears; and (2) by inserting , tribal, after private . (d) Utilization of available information and data Section 9 of the Soil and Water Resources Conservation Act of 1977 ( 16 U.S.C. 2008 ) is amended by inserting , tribal after State . G Funding and administration 2601. Funding (a) In general Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended by striking subsection (a) and inserting the following: (a) Annual funding For each of fiscal years 2014 through 2018, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this title (including the provision of technical assistance): (1) The conservation reserve program under subchapter B of chapter 1 of subtitle D, including, to the maximum extent practicable— (A) $10,000,000 for the period of fiscal years 2014 through 2018 to provide payments under paragraph (3) of section 1234(b) in connection with thinning activities conducted on land described in subparagraph (B)(iii) of that paragraph; and (B) $50,000,000 for the period of fiscal years 2014 through 2018 to carry out section 1235(f) to facilitate the transfer of land subject to contracts from retired or retiring owners and operators to beginning farmers or ranchers and socially disadvantaged farmers or ranchers. (2) The Agricultural Conservation Easement Program under subtitle H using to the maximum extent practicable— (A) $450,000,000 for fiscal year 2014; (B) $475,000,000 for fiscal year 2015; (C) $500,000,000 for fiscal year 2016; (D) $525,000,000 for fiscal year 2017; and (E) $250,000,000 for fiscal year 2018. (3) The conservation security program under subchapter A of chapter 2 of subtitle D, using such sums as are necessary to administer contracts entered into before September 30, 2008. (4) The conservation stewardship program under subchapter B of chapter 2 of subtitle D. (5) The environmental quality incentives program under chapter 4 of subtitle D, using, to the maximum extent practicable— (A) $1,500,000,000 for fiscal year 2014; (B) $1,600,000,000 for fiscal year 2015; and (C) $1,650,000,000 for each of fiscal years 2016 through 2018. . (b) Guaranteed availability of funds Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended— (1) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; (2) by inserting after subsection (a) the following: (b) Availability of funds Amounts made available by subsection (a) shall be used by the Secretary to carry out the programs specified in such subsection for fiscal years 2014 through 2018 and shall remain available until expended. Amounts made available for the programs specified in such subsection during a fiscal year through modifications, cancellations, terminations, and other related administrative actions and not obligated in that fiscal year shall remain available for obligation during subsequent fiscal years, but shall reduce the amount of additional funds made available in the subsequent fiscal year by an amount equal to the amount remaining unobligated. ; and (3) in subsection (d) (as redesignated by paragraph (1)), by striking subsection (b) and inserting subsection (c) . (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 2602. Technical assistance Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended by striking subsection (c) (as redesignated by section 2601(b)(1)) and inserting the following: (c) Technical assistance (1) Availability Commodity Credit Corporation funds made available for a fiscal year for each of the programs specified in subsection (a)— (A) shall be available for the provision of technical assistance for the programs for which funds are made available as necessary to implement the programs effectively; (B) except for technical assistance for the conservation reserve program under subchapter B of chapter 1 of subtitle D, shall be apportioned for the provision of technical assistance in the amount determined by the Secretary, at the sole discretion of the Secretary; and (C) shall not be available for the provision of technical assistance for conservation programs specified in subsection (a) other than the program for which the funds were made available. (2) Priority (A) In general In the delivery of technical assistance under the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.), the Secretary shall give priority to producers who request technical assistance from the Secretary in order to comply for the first time with the requirements of subtitle B and subtitle C of this title as a result of the amendments made by section 2609 of the Agriculture Reform, Food, and Jobs Act of 2013 . (B) Report Not later than 270 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding the extent to which the conservation compliance requirements contained in the amendments made by section 2609 of the Agriculture Reform, Food, and Jobs Act of 2013 apply to and impact specialty crop growers, including national analysis and surveys to determine the extent of specialty crop acreage includes highly erodible land and wetlands. (3) Report Not later than December 31, 2013, the Secretary shall submit (and update as necessary in subsequent years) to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report— (A) detailing the amount of technical assistance funds requested and apportioned in each program specified in subsection (a) during the preceding fiscal year; and (B) any other data relating to this provision that would be helpful to such Committees. (4) Compliance report Not later than November 1 of each year, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes— (A) a description of the extent to which the requests for highly erodible land conservation and wetland compliance determinations are being addressed in a timely manner; (B) the total number of requests completed in the previous fiscal year; (C) the incomplete determinations on record; and (D) the number of requests that are still outstanding more than 1 year since the date on which the requests were received from the producer. . 2603. Regional equity Section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) is amended by striking subsection (e) (as redesignated by section 2601(b)(1)) and inserting the following: (e) Regional equity (1) Equitable distribution When determining funding allocations each fiscal year, the Secretary shall, after considering available funding and program demand in each State, provide a distribution of funds for conservation programs under subtitle D (excluding the conservation reserve program under subchapter B of chapter 1), subtitle H, and subtitle I to ensure equitable program participation proportional to historical funding allocations and usage by all States. (2) Minimum percentage In determining the specific funding allocations under paragraph (1), the Secretary shall— (A) ensure that during the first quarter of each fiscal year each State has the opportunity to establish that the State can use an aggregate allocation amount of at least 0.6 percent of the funds made available for those conservation programs; and (B) for each State that can so establish, provide an aggregate amount of at least 0.6 percent of the funds made available for those conservation programs. . 2604. Reservation of funds to provide assistance to certain farmers or ranchers for conservation access Subsection (h) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) (as redesignated by section 2601(b)(1)) is amended— (1) in paragraph (1) by striking 2012 and inserting 2018 ; and (2) by adding at the end the following: (4) Preference In providing assistance under paragraph (1), the Secretary shall give preference to a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )) that qualifies under subparagraph (A) or (B) of paragraph (1). . 2605. Annual report on program enrollments and assistance Subsection (i) of section 1241 of the Food Security Act of 1985 ( 16 U.S.C. 3841 ) (as redesignated by section 2601(b)(1)) is amended— (1) in paragraph (1), by striking wetlands reserve program and inserting agricultural conservation easement program ; (2) by striking paragraphs (2) and (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; (3) in paragraph (3) (as so redesignated)— (A) by striking agricultural water enhancement program and inserting regional conservation partnership program ; and (B) by striking section 1240I(g) and inserting section 1271C(c)(3) ; and (4) by adding at the end the following: (5) Payments made under the conservation stewardship program. (6) Waivers granted by the Secretary under section 1265B(b)(2)(C). . 2606. Administrative requirements for conservation programs Section 1244 of the Food Security Act of 1985 ( 16 U.S.C. 3844 ) is amended— (1) in subsection (a)(2), by adding at the end the following: (E) Veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))). ; (2) in subsection (d), by inserting , H, and I before the period at the end; (3) in subsection (f)— (A) in paragraph (1)(B), by striking country and inserting county ; (B) in paragraph (3), by striking subsection (c)(2)(B) or (f)(4) and inserting subsection (c)(2)(A)(ii) or (f)(2) ; and (4) in subsection (h)(2), by inserting including, to the extent practicable, practices that maximize benefits for honey bees after pollinators ; and (5) by adding at the end the following: (j) Improved administrative efficiency and effectiveness In administrating a conservation program under this title, the Secretary shall, to the maximum extent practicable— (1) seek to reduce administrative burdens and costs to producers by streamlining conservation planning and program resources; and (2) take advantage of new technologies to enhance efficiency and effectiveness. (k) Relation to other payments Any payment received by an owner or operator under this title, including an easement payment or rental payment, shall be in addition to, and not affect, the total amount of payments that the owner or operator is otherwise eligible to receive under any of the following: (1) This Act. (2) The Agricultural Act of 1949 (7 U.S.C. 1421 et seq.). (3) The Agriculture Reform, Food, and Jobs Act of 2013 . (4) Any law that succeeds a law specified in paragraph (1), (2), or (3). (l) Funding for Indian tribes In carrying out the conservation stewardship program under subchapter B of chapter 2 of subtitle D and the environmental quality incentives program under chapter 4 of subtitle D, the Secretary may enter into alternative funding arrangements with Indian tribes if the Secretary determines that the goals and objectives of the programs will be met by such arrangements, and that statutory limitations regarding contracts with individual producers will not be exceeded by any Tribal member. . 2607. Rulemaking authority Subtitle E of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3841 et seq. ) is amended by adding at the end the following: 1246. Regulations (a) In general The Secretary shall promulgate such regulations as are necessary to implement programs under this title, including such regulations as the Secretary determines to be necessary to ensure a fair and reasonable application of the limitations established under section 1244(f). (b) Rulemaking procedure The promulgation of regulations and administration of programs under this title— (1) shall be carried out without regard to— (A) the Statement of Policy of the Secretary effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act); and (2) shall be made as an interim rule effective on publication with an opportunity for notice and comment. (c) Congressional review of agency rulemaking In promulgating regulations under this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. . 2608. Standards for State technical committees Section 1261(b) of the Food Security Act of 1985 ( 16 U.S.C. 3861(b) ) is amended by striking Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Secretary shall develop and inserting The Secretary shall review and update as necessary . 2609. Highly erodible land and wetland conservation for crop insurance (a) Highly erodible land program ineligibility (1) In general Section 1211(a)(1) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a)(1) ) is amended— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by adding or at the end; and (C) by adding at the end the following: (E) any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), on the condition that if a person is determined to have committed a violation under this subsection during a crop year, ineligibility under this subparagraph shall— (i) only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and (ii) not apply to the existing reinsurance year or any reinsurance year prior to the date of final determination. . (2) Exemptions Section 1212(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3812(a)(2) ) is amended— (A) in the first sentence, by striking (2) If, and inserting the following: (2) Eligibility based on compliance with conservation plan (A) In general If, ; (B) in the second sentence, by striking In carrying and inserting the following: (B) Minimization of documentation In carrying ; and (C) by adding at the end the following: (C) Crop insurance Notwithstanding section 1211(a)— (i) in the case of a person that is subject to section 1211 for the first time after May 1, 2013, due to the amendment made by section 2609(a) of the Agriculture Reform, Food, and Jobs Act of 2013 , any person who produces an agricultural commodity on the land that is the basis of the payments described in section 1211(a)(1)(E) shall have 5 reinsurance years after the date on which such payments become subject to section 1211 to develop and comply with an approved conservation plan so as to maintain eligibility for such payments; and (ii) in the case of a person that the Secretary determines would have been in violation of section 1211(a) if the person had continued participation in the programs requiring compliance at any time after the date of enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.) and is currently in violation of section 1211(a), the person shall have 2 reinsurance years after the date on which the payments described in section 1211(a)(1)(E) become subject to section 1211 to develop and comply with an approved conservation plan, as determined by the Secretary, so as to maintain eligibility for such payments. . (b) Wetland conservation program ineligibility Section 1221 of the Food Security Act of 1985 ( 16 U.S.C. 3821 ) is amended— (1) in subsection (b), by adding at the end the following: (4) Crop insurance (A) In general Except as provided in this paragraph, a person subject to a final determination, including all administrative appeals, of a violation of subsection (c) shall have 1 reinsurance year to initiate a conservation plan to remedy the violation, as determined by the Secretary, before becoming ineligible under that subsection in the following reinsurance year to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Applicability In the case of a person that is subject to this subsection or subsection (d) for the first time due to the amendment made by section 2609(b) of the Agriculture Reform, Food, and Jobs Act of 2013 , the person shall have 2 reinsurance years after the date of final determination, including all administrative appeals, to take such steps as the Secretary determines appropriate to remedy or mitigate the violation in accordance with subsection (c). (C) Good faith If the Secretary determines that a person subject to a final determination, including all administrative appeals, of a violation of subsection (c) acted in good faith and without intent to violate this section as described in section 1222(h), the Secretary shall give the person 1 reinsurance year to begin mitigation, restoration, or such other steps as are determined necessary by the Secretary. (D) Tenant relief (i) In general If a tenant is determined to be ineligible for payments and other benefits under this section, the Secretary may limit the ineligibility only to the farm that is the basis for the ineligibility determination if the tenant has established, to the satisfaction of the Secretary that— (I) the tenant has made a good faith effort to meet the requirements of this section, including enlisting the assistance of the Secretary to obtain a reasonable conservation plan for restoration or mitigation for the farm; (II) the landlord on the farm refuses to comply with the plan on the farm; and (III) the Secretary determines that the lack of compliance is not a part of a scheme or device to avoid the compliance. (ii) Report The Secretary shall provide an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the ineligibility determinations limited during the previous 12-month period under this subparagraph. (E) Certification (i) In general Beginning with the first full reinsurance year immediately following the date of enactment of this paragraph, all persons seeking eligibility for the payment of a portion of the premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall provide certification of compliance with this section as determined by the Secretary. (ii) Timely evaluation The Secretary shall evaluate the certification in a timely manner and— (I) a person who has properly complied with certification shall be held harmless with regard to eligibility during the period of evaluation; and (II) if the Secretary fails to evaluate the certification in a timely manner and the person is subsequently found to be in violation of subsection (c), ineligibility shall not apply to the person for that violation. (iii) Equitable contribution (I) In general If a person fails to notify the Secretary as required and is subsequently found in violation of subsection (c), the Secretary shall determine the amount of an equitable contribution to conservation in accordance with section 1241(f) by the person for the violation. (II) Limitation The contribution shall not exceed the total of the portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance for all years the person is determined to have been in violation subsequent to the date on which certification was first required under this subparagraph. ; (2) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (3) by inserting after subsection (b) the following: (c) Ineligibility for crop insurance premium assistance (1) In general If a person is determined to have committed a violation under subsection (a) or (d) during a crop year, the person shall be ineligible to receive any payment of any portion of premium paid by the Federal Crop Insurance Corporation for a plan or policy of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (2) Applicability Ineligibility under this subsection shall— (A) only apply to reinsurance years subsequent to the date of final determination of a violation, including all administrative appeals; and (B) not apply to— (i) the existing reinsurance year; or (ii) any reinsurance year prior to the date of final determination. (3) Date of conversion Notwithstanding subsection (d), ineligibility for crop insurance premium assistance shall apply as follows: (A) In the case of wetland that the Secretary determines was converted after the date of enactment of the Food, Conservation and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ) but on or before May 1, 2013, and continues to be in violation, the person shall have 2 reinsurance years after the date on which this subsection applies, to begin the mitigation process, as determined by the Secretary. (B) In the case of wetland that the Secretary determines was converted after May 1, 2013— (i) subject to clause (ii), the person shall be ineligible to receive crop insurance premium subsidies in subsequent reinsurance years unless section 1222(b) applies; and (ii) for any violation that the Secretary determines impacts less than 5 acres of the entire farm, the person may pay a contribution in accordance with section 1241(f) in an amount equal to 150 percent of the cost of mitigation, as determined by the Secretary, for wetland restoration in lieu of ineligibility to receive crop insurance premium assistance. (C) In the case of a wetland that the Secretary determines was converted prior to the date of enactment of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8701 et seq. ), ineligibility under this subsection shall not apply. (D) In the case of an agricultural commodity for which an individual policy or plan of insurance is available for the first time to the person after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 — (i) ineligibility shall apply only to conversions that take place after the date on which the policy or plan of insurance first becomes available to the person; and (ii) the person shall take such steps as the Secretary determines appropriate to mitigate any prior conversion in a timely manner but not to exceed 2 calendar years. (4) Certification (A) In general In enforcing eligibility under this subsection, the Secretary shall use existing processes and procedures for certifying compliance. (B) Responsibility The Secretary, acting through the agencies of the Department of Agriculture, shall be solely responsible for determining whether a producer is eligible to receive crop insurance premium subsidies in accordance with this subsection. (C) Limitation The Secretary shall ensure that no agent, approved insurance provider, or employee or contractor of an agency or approved insurance provider, bears responsibility or liability for the eligibility of an insured producer under this subsection, other than in cases of misrepresentation, fraud, or scheme and devise. . 2610. Adjusted gross income limitation for conservation programs Section 1001D(b)(2)(A) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(b)(2)(A)) is amended— (1) by striking Limits .— and all that follows through clause (ii), and inserting Limits .—Notwithstanding any other provision of law, ; and (2) by striking clause (ii). H Repeal of superseded program authorities and transitional provisions 2701. Comprehensive conservation enhancement program Section 1230 of the Food Security Act of 1985 ( 16 U.S.C. 3830 ) is repealed. 2702. Emergency forestry conservation reserve program (a) Repeal Section 1231A of the Food Security Act of 1985 ( 16 U.S.C. 3831a ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1231A of the Food Security Act of 1985 (16 U.S.C. 3831a) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding The Secretary may use funds made available to carry out the conservation reserve program under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2703. Wetlands reserve program (a) Repeal Subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3837 et seq. ) is repealed. (b) Transitional provisions (1) Effect on existing contracts and easements The amendment made by this section shall not affect the validity or terms of any contract or easement entered into by the Secretary of Agriculture under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.) before October 1, 2013, or any payments required to be made in connection with the contract or easement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.), any funds made available from the Commodity Credit Corporation to carry out the wetlands reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts or easements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance), provided that no such contract or easement is modified so as to increase the amount of the payment received. (B) Other The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301, to continue to carry out contracts and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and easements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2704. Farmland protection program and farm viability program (a) Repeal Subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838h et seq. ) is repealed. (b) Transitional provisions (1) Effect on existing agreements and easements The amendment made by this section shall not affect the validity or terms of any agreement or easement entered into by the Secretary of Agriculture under subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.) before October 1, 2013, or any payments required to be made in connection with the agreement or easement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of subchapter C of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838h et seq.), any funds made available from the Commodity Credit Corporation to carry out the farmland protection program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out agreements and easements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301, to continue to carry out agreements and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such agreements and easement as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2705. Grassland reserve program (a) Repeal Subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ) is repealed. (b) Transitional provisions (1) Effect on existing contracts, agreements, and easements The amendment made by this section shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3838n et seq. ) before October 1, 2013, or any payments required to be made in connection with the contract, agreement, or easement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of subchapter D of chapter 2 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838n et seq.), any funds made available from the Commodity Credit Corporation to carry out the grassland reserve program under that subchapter for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, or easements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance), provided that no such contract, agreement, or easement is modified so as to increase the amount of the payment received. (B) Other The Secretary may use funds made available to carry out the agricultural conservation easement program under subtitle H of title XII of the Food Security Act of 1985, as added by section 2301, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2706. Agricultural water enhancement program (a) Repeal Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts and agreements The amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ) before October 1, 2013, or any payments required to be made in connection with the contract or agreement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–9 ), any funds made available from the Commodity Credit Corporation to carry out the agricultural water enhancement program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the regional conservation partnerships program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2707. Wildlife habitat incentive program (a) Repeal Section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts The amendment made by this section shall not affect the validity or terms of any contract entered into by the Secretary of Agriculture under section 1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb–1) before October 1, 2013, or any payments required to be made in connection with the contract. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1240N of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–1 ), any funds made available from the Commodity Credit Corporation to carry out the wildlife habitat incentive program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts referred to in paragraph (1) which were entered into prior to October 1, 2013 (including the provision of technical assistance). (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the environmental quality incentives program under chapter 4 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839aa et seq. ) to continue to carry out contracts referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2708. Great Lakes basin program (a) Repeal Section 1240P of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–3 ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 2709. Chesapeake Bay watershed program (a) Repeal Section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts, agreements, and easements The amendment made by this section shall not affect the validity or terms of any contract, agreement, or easement entered into by the Secretary of Agriculture under section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ) before October 1, 2013, or any payments required to be made in connection with the contract, agreement, or easement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1240Q of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–4 ), any funds made available from the Commodity Credit Corporation to carry out the Chesapeake Bay watershed program under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts, agreements, and easements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (B) Other The Secretary may use funds made available to carry out the regional conservation partnerships program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401, to continue to carry out contracts, agreements, and easements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts, agreements, and easements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2710. Cooperative conservation partnership initiative (a) Repeal Section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ) is repealed. (b) Transitional provisions (1) Effect on existing contracts and agreements The amendment made by this section shall not affect the validity or terms of any contract or agreement entered into by the Secretary of Agriculture under section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ) before October 1, 2013, or any payments required to be made in connection with the contract or agreement. (2) Funding (A) Use of prior year funds Notwithstanding the repeal of section 1243 of the Food Security Act of 1985 ( 16 U.S.C. 3843 ), any funds made available from the Commodity Credit Corporation to carry out the cooperative conservation partnership initiative under that section for fiscal years 2009 through 2013 shall be made available to carry out contracts and agreements referred to in paragraph (1) that were entered into prior to October 1, 2013 (including the provision of technical assistance). (B) Other On exhaustion of funds made available under subparagraph (A), the Secretary may use funds made available to carry out the regional conservation partnerships program under subtitle I of title XII of the Food Security Act of 1985, as added by section 2401, to continue to carry out contracts and agreements referred to in paragraph (1) using the provisions of law and regulation applicable to such contracts and agreements as in existence on September 30, 2013. (c) Effective date The amendment made by this section shall take effect on October 1, 2013. 2711. Environmental easement program Chapter 3 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3839 et seq. ) is repealed. 2712. Technical amendments (a) Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended in the matter preceding paragraph (1) by striking E and inserting I . (b) Section 1211(a) of the Food Security Act of 1985 ( 16 U.S.C. 3811(a) ) is amended by striking predominate each place it appears and inserting predominant . (c) Section 1242(i) of the Food Security Act of 1985 ( 16 U.S.C. 3842(i) ) is amended in the subsection heading by striking speciality and inserting specialty . III Trade A Food for Peace Act 3001. Set-aside for support for organizations through which nonemergency assistance is provided Effective October 1, 2013, section 202(e)(1) of the Food for Peace Act ( 7 U.S.C. 1722(e)(1) ) is amended— (1) in the matter preceding subparagraph (A), by striking 13 percent and inserting 15 percent ; and (2) in subparagraph (A), by striking new and inserting and enhancing . 3002. Food aid quality Section 202(h) of the Food for Peace Act (7 U.S.C. 1722(h)) is amended— (1) by striking paragraph (1) and inserting the following: (1) In general The Administrator shall use funds made available for fiscal year 2014 and subsequent fiscal years to carry out this title— (A) to assess the types and quality of agricultural commodities and products donated for food aid; (B) to adjust products and formulations, including potential introduction of new fortificants and products, as necessary to cost-effectively meet nutrient needs of target populations; (C) to test prototypes; (D) to adopt new specifications or improve existing specifications for micronutrient fortified food aid products, based on the latest developments in food and nutrition science, and in coordination with other international partners; (E) to develop new program guidance to facilitate improved matching of products to purposes having nutritional intent, in coordination with other international partners; (F) to develop improved guidance for implementing partners on how to address nutritional deficiencies that emerge among recipients for whom food assistance is the sole source of diet in emergency programs that extend beyond 1 year, in coordination with other international partners; and (G) to evaluate, in appropriate settings and as necessary, the performance and cost-effectiveness of new or modified specialized food products and program approaches designed to meet the nutritional needs of the most vulnerable groups, such as pregnant and lactating mothers, and children under the age of 5. ; and (2) in paragraph (3), by striking 2011 and inserting 2018 . 3003. Minimum levels of assistance Section 204(a) of the Food for Peace Act (7 U.S.C. 1724(a)) is amended— (1) in paragraph (1), by striking 2012 and inserting 2018 ; and (2) in paragraph (2), by striking 2012 and inserting 2018 . 3004. Reauthorization of Food Aid Consultative Group Section 205(f) of the Food for Peace Act ( 7 U.S.C. 1725(f) ) is amended by striking 2012 and inserting 2018 . 3005. Oversight, monitoring, and evaluation of Food for Peace Act programs Section 207(f) of the Food for Peace Act (7 U.S.C. 1726a(f)) is amended— (1) by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; and (2) in subparagraph (A) of paragraph (5) (as so redesignated)— (A) by striking 2012 and inserting 2018 ; and (B) by striking during fiscal year 2009 and inserting during the period of fiscal years 2014 through 2018 . 3006. Assistance for stockpiling and rapid transportation, delivery, and distribution of shelf-stable prepackaged foods Section 208(f) of the Food for Peace Act ( 7 U.S.C. 1726b(f) ) is amended by striking 2012 and inserting 2018 . 3007. Limitation on total volume of commodities monetized Section 403 of the Food for Peace Act ( 7 U.S.C. 1733 ) is amended by adding at the end the following: (m) Limitation on monetization of commodities (1) Limitation (A) In general Unless the Administrator grants a waiver under paragraph (2), no commodity may be made available under this Act unless the rate of return for the commodity (as determined under subparagraph (B)) is at least 70 percent. (B) Rate of return For purposes of subparagraph (A), the rate of return shall be equal to the proportion that— (i) the proceeds the implementing partners generate through monetization; bears to (ii) the cost to the Federal Government to procure and ship the commodities to a recipient country for monetization. (2) Waiver authority The Administrator may waive the application of the limitation in paragraph (1) with regard to a commodity for a recipient country if the Administrator determines that it is necessary to achieve the purposes of this Act in the recipient country. (3) Report Not later than 90 days after a waiver is granted under paragraph (2), the Administrator shall prepare, publish in the Federal Register, and submit to the Committees on Foreign Affairs, Agriculture, and Appropriations of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and Agriculture, Nutrition, and Forestry of the Senate a report that— (A) contains the reasons for granting the waiver and the actual rate of return for the commodity; and (B) includes for the commodity the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Administrator determines to be necessary. . 3008. Flexibility Section 406 of the Food for Peace Act (7 U.S.C. 1736) is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Flexibility Notwithstanding any other provision of law and as necessary to achieve the purposes of this Act, funds available under this Act may be used to pay the costs of up to 20 percent of activities conducted in recipient countries by nonprofit voluntary organizations, cooperatives, or intergovernmental agencies or organizations. . 3009. Procurement, transportation, testing, and storage of agricultural commodities for prepositioning in the United States and foreign countries Section 407 of the Food for Peace Act ( 7 U.S.C. 1736a ) is amended— (1) in subparagraph (c)(4)(A)— (A) by striking 2012 and inserting 2018 ; and (B) by striking for each such fiscal year not more than $10,000,000 of such funds and inserting for each of fiscal years 2001 through 2012 not more than $10,000,000 of such funds and for each of fiscal years 2014 through 2018 not more than $15,000,000 of such funds ; and (2) by adding at the end the following: (g) Funding for testing of food aid shipments Funds made available for agricultural products acquired under this Act and section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ) may be used to pay for the testing of those agricultural products. . 3010. Deadline for agreements to finance sales or to provide other assistance Section 408 of the Food for Peace Act (7 U.S.C. 1736b) is amended by striking 2012 and inserting 2018 . 3011. Minimum level of nonemergency food assistance Section 412 of the Food for Peace Act ( 7 U.S.C. 1736f ) is amended by striking subsection (e) and inserting the following: (e) Minimum level of nonemergency food assistance (1) In general Subject to paragraph (2), of the amounts made available to carry out emergency and nonemergency food assistance programs under title II, not less than 20 nor more than 30 percent for each of fiscal years 2014 through 2018 shall be expended for nonemergency food assistance programs under title II. (2) Minimum level The amount made available to carry out nonemergency food assistance programs under title II shall not be less than $275,000,000 for any fiscal year. . 3012. Coordination of foreign assistance programs report Section 413 of the Food for Peace Act ( 7 U.S.C. 1736g ) is amended— (1) by striking (a) In general .—To the maximum and inserting To the maximum ; and (2) by striking subsection (b). 3013. Micronutrient fortification programs (a) Elimination of obsolete reference to study Section 415(a)(2)(B) of the Food for Peace Act ( 7 U.S.C. 1736g–2(a)(2)(B) ) is amended by striking , using recommendations and all that follows through quality enhancements . (b) Extension Section 415(c) of the Food for Peace Act (7 U.S.C. 1736g–2(c)) is amended by striking 2012 and inserting 2018 . 3014. John Ogonowski and Doug Bereuter Farmer-to-Farmer Program Section 501 of the Food for Peace Act (7 U.S.C. 1737) is amended— (1) in subsection (d)— (A) by striking 0.5 percent and inserting 0.6 percent ; and (B) by striking 2012 and inserting 2018 ; and (2) in subsection (e)(1), by striking 2012 and inserting 2018 . 3015. Prohibition on assistance for North Korea (a) In general No amounts may be obligated or expended to provide assistance under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) to the Democratic People’s Republic of Korea. (b) National interest waiver The President may waive subsection (a) if the President determines and certifies to the Committees on Agriculture, Nutrition, and Forestry and Foreign Relations of the Senate and the Committees on Agriculture and Foreign Affairs of the House of Representatives that the waiver is in the national interest of the United States. B Agricultural Trade Act of 1978 3101. Export credit guarantee programs Section 211 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641 ) is amended by striking subsection (b) and inserting the following: (b) Export credit guarantee programs The Commodity Credit Corporation shall make available for each of fiscal years 2014 through 2018 credit guarantees under section 202(a) in an amount equal to not more than $4,500,000,000 in credit guarantees. . 3102. Funding for market access program Section 211(c)(1)(A) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5641(c)(1)(A) ) is amended by striking 2012 and inserting 2018 . 3103. Foreign market development cooperator program Section 703(a) of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5723(a) ) is amended by striking 2012 and inserting 2018 . C Other Agricultural Trade Laws 3201. Food for Progress Act of 1985 (a) Extension The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended— (1) in subsection (f)(3), by striking 2012 and inserting 2018 ; (2) in subsection (g), by striking 2012 and inserting 2018 ; (3) in subsection (k), by striking 2012 and inserting 2018 ; and (4) in subsection (l)(1), by striking 2012 and inserting 2018 . (b) Repeal of completed project Subsection (f) of the Food for Progress Act of 1985 ( 7 U.S.C. 1736o ) is amended by striking paragraph (6). (c) Flexibility The Food for Progress Act of 1985 (7 U.S.C. 1736o) is amended in subsection ( l ) by adding at the end the following: (5) Flexibility Notwithstanding any other provision of law and as necessary to achieve the purposes of this Act, funds available under this Act may be used to pay the costs of up to 20 percent of activities conducted in recipient countries by nonprofit voluntary organizations, cooperatives, or intergovernmental agencies or organizations. . (d) Limitation on total volume of commodities monetized The Food for Progress Act of 1985 ( 7 U.S.C. 1736o ) is amended by adding at the end the following: (p) Limitation on monetization of commodities (1) Limitation (A) In general Unless the Secretary grants a waiver under paragraph (2), no eligible commodity may be made available under this section unless the rate of return for the eligible commodity (as determined under subparagraph (B)) is at least 70 percent. (B) Rate of return For purposes of subparagraph (A), the rate of return shall be equal to the proportion that— (i) the proceeds the implementing partners generate through monetization; bears to (ii) the cost to the Federal Government to procure and ship the eligible commodities to a recipient country for monetization. (2) Waiver authority The Secretary may waive the application of the limitation in paragraph (1) with regard to an eligible commodity for a recipient country if the Secretary determines that it is necessary to achieve the purposes of this Act in the recipient country. (3) Report Not later than 90 days after a waiver is granted under paragraph (2), the Secretary shall prepare, publish in the Federal Register, and submit to the Committees on Foreign Affairs, Agriculture, and Appropriations of the House of Representatives, and the Committees on Appropriations, Foreign Relations, and Agriculture, Nutrition, and Forestry of the Senate a report that— (A) contains the reasons for granting the waiver and the actual rate of return for the eligible commodity; and (B) includes for the commodity the costs of bagging or further processing, ocean transportation, inland transportation in the recipient country, storage costs, and any other information that the Secretary determines to be necessary. . 3202. Bill Emerson Humanitarian Trust Section 302 of the Bill Emerson Humanitarian Trust Act ( 7 U.S.C. 1736f–1 ) is amended— (1) in subsection (b)(2)(B)(i), by striking 2012 both places it appears and inserting 2018 ; and (2) in subsection (h), by striking 2012 both places it appears and inserting 2018 . 3203. Promotion of agricultural exports to emerging markets (a) Direct credits or export credit guarantees Section 1542(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 ; 7 U.S.C. 5622 note) is amended by striking 2012 and inserting 2018 . (b) Development of agricultural systems Section 1542(d)(1)(A)(i) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( Public Law 101–624 ; 7 U.S.C. 5622 note) is amended by striking 2012 and inserting 2018 . 3204. McGovern-Dole International Food for Education and Child Nutrition Program (a) Reauthorization Section 3107(l)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(l)(2) ) is amended by striking 2012 and inserting 2018 . (b) Technical correction Section 3107(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(d) ) is amended by striking to in the matter preceding paragraph (1). 3205. Technical assistance for specialty crops (a) Purpose Section 3205(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680(b) ) is amended by striking related barriers to trade and inserting technical barriers to trade . (b) Funding Section 3205(e)(2) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5680(e)(2) ) is amended— (1) by inserting and at the end of subparagraph (C); and (2) by striking subparagraphs (D) and (E) and inserting the following new subparagraph: (D) $9,000,000 for each of fiscal years 2011 through 2018. . 3206. Global Crop Diversity Trust Section 3202(c) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 22 U.S.C. 2220a note) is amended by striking 2008 through 2012 and inserting 2014 through 2018 . 3207. Local and regional food aid procurement projects Section 3206 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1726c ) is amended— (1) in subsection (b)— (A) by striking (b) Study; field-Based projects .— and all that follows through (2) Field-based projects .— and inserting the following: (b) Field-Based projects ; (B) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and indenting appropriately; (C) in paragraph (1) (as so redesignated), by striking subparagraph (B) and inserting paragraph (2) ; and (D) in paragraph (2) (as so redesignated), by striking subparagraph (A) and inserting paragraph (1) ; (2) in subsection (c)(1), by striking subsection (b)(2) and inserting subsection (b) ; (3) by striking subsections (d), (f), and (g); (4) by redesignating subsection (e) as subsection (d); (5) in subsection (d) (as so redesignated)— (A) in paragraph (2)— (i) by striking subparagraph (B); and (ii) in subparagraph (A)— (I) by striking (A) Application .— and all that follows through To be eligible in clause (i) and inserting the following: (A) In general To be eligible ; (II) by redesignating clause (ii) as subparagraph (B) and indenting appropriately; and (III) in subparagraph (B) (as so redesignated), by striking clause (i) and inserting subparagraph (A) ; and (B) by striking paragraph (4); and (6) by adding at the end the following: (e) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $60,000,000 for each of fiscal years 2014 through 2018. (2) Preference In carrying out this section, the Secretary may give a preference to eligible organizations that have, or are working toward, projects under the McGovern-Dole International Food for Education and Child Nutrition Program established under section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 ). (3) Reporting Each year, the Secretary shall submit to the appropriate committees of Congress a report that describes the use of funds under this section, including— (A) the impact of procurements and projects on— (i) local and regional agricultural producers; and (ii) markets and consumers, including low-income consumers; and (B) implementation time frames and costs. . 3208. Donald Payne Horn of Africa food resilience program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Agency for International Development. (2) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (B) the Committee on Agriculture of the House of Representatives; (C) the Committee on Foreign Relations of the Senate; and (D) the Committee on Foreign Affairs of the House of Representatives. (3) Eligible organization The term eligible organization means an organization that is— (A) a private voluntary organization or cooperative that is, to the extent practicable, registered with the Administrator; or (B) an intergovernmental organization, such as the World Food Program. (4) Horn of Africa The term Horn of Africa means the countries of— (A) Ethiopia; (B) Somalia; (C) Kenya; (D) Djibouti; (E) Eritrea; (F) South Sudan; (G) Uganda; and (H) such other countries as the Administrator determines to be appropriate after providing notification to the appropriate committees of Congress. (5) Resilience The term resilience means— (A) the capacity to mitigate the negative impacts of crises (including natural disasters, conflicts, and economic shocks) in order to reduce loss of life and depletion of productive assets; (B) the capacity to respond effectively to crises, ensuring basic needs are met in a way that is integrated with long-term development efforts; and (C) the capacity to recover and rebuild after crises so that future shocks can be absorbed with less need for ongoing external assistance. (b) Purpose The purpose of this section is to establish a pilot program to effectively integrate all United States-funded emergency and long-term development activities that aim to improve food security in the Horn of Africa, building resilience so as— (1) to reduce the impacts of future crises; (2) to enhance local capacity for emergency response; (3) to enhance sustainability of long-term development programs targeting poor and vulnerable households; and (4) to reduce the need for repeated costly emergency operations. (c) Study (1) In general Not later than 30 days after the date of enactment of this Act, the Administrator shall initiate a study of prior programs to support resilience in the Horn of Africa conducted by— (A) other donor countries; (B) private voluntary organizations; (C) the World Food Program of the United Nations; and (D) multilateral institutions, including the World Bank. (2) Requirements The study shall— (A) include all programs implemented through the Agency for International Development, the Department of Agriculture, the Department of the Treasury, the Millennium Challenge Corporation, the Peace Corps, and other relevant Federal agencies; (B) evaluate how well the programs described in subparagraph (A) work together to complement each other and leverage impacts across programs; (C) include recommendations for how full integration of efforts can be achieved; and (D) evaluate the degree to which country-led development plans support programs that increase resilience, including review of the investments by each country in nutrition and safety nets. (3) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress a report containing the results of the study. (d) Field-Based project grants or cooperative agreements (1) In general The Administrator shall— (A) provide grants to, or enter into cooperative agreements with, eligible organizations to carry out field-based projects that build resilience in the Horn of Africa in accordance with this section; and (B) develop a project approval process to ensure full integration of efforts. (2) Requirements of eligible organizations (A) Application To be eligible to receive a grant from, or enter into a cooperative agreement with, the Administrator under this subsection, an eligible organization shall submit to the Administrator an application by such date, in such manner, and containing such information as the Administrator may require. (B) Completion requirement To be eligible to receive a grant from, or enter into a cooperative agreement with, the Administrator under this subsection, an eligible organization shall agree— (i) to collect, not later than September 30, 2016, data containing the information required under subsection (f)(2) relating to the field-based project funded through the grant or cooperative agreement; and (ii) to provide to the Administrator the data collected under clause (i). (3) Requirements of Administrator (A) Project diversity (i) In general Subject to clause (ii) and subparagraph (B), in selecting proposals for field-based projects to fund under this section, the Administrator shall select a diversity of projects, including projects located in— (I) areas most prone to repeated crises; (II) areas with effective existing resilience programs that can be scaled; and (III) areas in all countries of the Horn of Africa. (ii) Priority In selecting proposals for field-based projects under clause (i), the Administrator shall ensure that the selected proposals are for field-based projects that— (I) effectively integrate emergency and long-term development programs to improve sustainability; (II) demonstrate the potential to reduce the need for future emergency assistance; and (III) build targeted productive safety nets, in coordination with host country governments, through food for work, cash for work, and other proven program methodologies. (B) Availability The Administrator shall not award a grant or cooperative agreement or approve a field-based project under this subsection until the date on which the Administrator promulgates regulations or issues guidelines under subsection (e). (e) Regulations; Guidelines (1) In general Not later than 180 days after the date of completion of the study under subsection (c), the Administrator shall promulgate regulations or issue guidelines to carry out field-based projects under this section. (2) Requirements In promulgating regulations or issuing guidelines under paragraph (1), the Administrator shall— (A) take into consideration the results of the study described in subsection (c); and (B) provide an opportunity for public review and comment. (f) Report (1) In general Not later than November 1, 2016, the Administrator shall submit to the appropriate committees of Congress a report that— (A) addresses each factor described in paragraph (2); and (B) is conducted in accordance with this section. (2) Required factors The report shall include baseline and end-of-project data that measures— (A) the prevalence of moderate and severe hunger so as to provide an accurate accounting of project impact on household access to and consumption of food during every month of the year prior to data collection; (B) household ownership of and access to productive assets, including at a minimum land, livestock, homes, equipment, and other materials assets needed for income generation; (C) household incomes, including informal sources of employment; and (D) the productive assets of women using the Women’s Empowerment in Agriculture Index. (3) Public access to records and reports Not later than 90 days after the date on which the report is submitted under paragraph (1), the Administrator shall provide public access to the report. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. 3209. Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs (a) Definition of agriculture committees and subcommittees In this section, the term agriculture committees and subcommittees means— (1) the Committee on Agriculture of the House of Representatives; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (3) the subcommittees on agriculture, rural development, food and drug administration, and related agencies of the Committees on Appropriations of the House of Representatives and the Senate. (b) Proposal (1) In general The Secretary, in consultation with the agriculture committees and subcommittees, shall propose a reorganization of international trade functions for imports and exports of the Department of Agriculture. (2) Considerations In producing the proposal under this section, the Secretary shall— (A) in recognition of the importance of agricultural exports to the farm economy and the economy as a whole, include a plan for the establishment of an Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs; (B) take into consideration how the Under Secretary described in subparagraph (A) would serve as a multiagency coordinator of sanitary and phytosanitary issues and nontariff trade barriers in agriculture with respect to imports and exports of agricultural products; and (C) take into consideration all implications of a reorganization described in paragraph (1) on domestic programs and operations of the Department of Agriculture. (3) Report Not later than 180 days after the date of enactment of this Act and before the reorganization described in paragraph (1) can take effect, the Secretary shall submit to the agriculture committees and subcommittees a report that— (A) includes the results of the proposal under this section; and (B) provides a notice of the reorganization plan. (4) Implementation Not later than 1 year after the date of the submission of the report under paragraph (3), the Secretary shall implement a reorganization of international trade functions for imports and exports of the Department of Agriculture, including the establishment of an Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs. (c) Confirmation required The position of Under Secretary of Agriculture for Trade and Foreign Agricultural Affairs established under subsection (b)(2)(A) shall be appointed by the President, by and with the advice and consent of the Senate. IV Nutrition A Supplemental nutrition assistance program 4001. Access to Grocery Delivery for Homebound Seniors and Individuals with Disabilities eligible for supplemental nutrition assistance benefits (a) In general 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 the food to, individuals who are— (i) unable to shop for food; and (ii) (I) not less than 60 years of age; or (II) individuals with disabilities; (B) clearly notifies the participating household at the time the household places a food order— (i) of any delivery fee associated with the food purchase and delivery provided to the household by the 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 the household at the price paid by the service for the food without any additional cost markup. . (b) Issuance of regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall issue regulations that— (1) establish criteria to identify a food purchasing and delivery service described in section 3(p)(5) of the Food and Nutrition Act of 2008 (as added by subsection (a)(3)); and (2) establish procedures to ensure that the service— (A) does not charge more for a food item than the price paid by the service for the food item; (B) offers food delivery service at no or low cost to households under that Act; (C) ensures that benefits provided under the supplemental nutrition assistance program are used only to purchase food, as defined in section 3 of that Act (7 U.S.C. 2012); (D) limits the purchase of food, and the delivery of the food, to households eligible to receive services described in section 3(p)(5) of that Act (as added by subsection (a)(3)); (E) has established adequate safeguards against fraudulent activities, including unauthorized use of electronic benefit cards issued under that Act; and (F) such other requirements as the Secretary considers appropriate. (c) Limitation Before the issuance of regulations under subsection (b), the Secretary may not approve more than 20 food purchasing and delivery services described in section 3(p)(5) of the Food and Nutrition Act of 2008 (as added by subsection (a)(3)) to participate as retail food stores under the supplemental nutrition assistance program. (d) Effective date This section and the amendments made by this section take effect on the date that is 30 days after the date of the enactment of this Act. 4002. Food distribution program on Indian reservations (a) In general Section 4(b)(6)(F) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b)(6)(F) ) is amended by striking 2012 and inserting 2018 . (b) Feasibility study for Indian tribes Section 17 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2026 ) is amended by inserting at the end the following: (l) Feasibility study for Indian tribes (1) In general The Secretary shall conduct a study to determine the feasibility of a tribal demonstration project for tribes, in lieu of State agencies or other administrating entities, to administer Federal food assistance programs, services, functions, and activities (or portions thereof). (2) Considerations In conducting the study, the Secretary shall consider— (A) the probable effects on specific programs and program beneficiaries of such a demonstration project; (B) statutory, regulatory, or other impediments to implementation of such a demonstration project; (C) strategies for implementing such a demonstration project; (D) probable costs or savings associated with such a demonstration project; (E) methods to assure quality and accountability in such a demonstration project; and (F) such other issues that may be determined by the Secretary or developed through consultation pursuant to paragraph (4). (3) Report Not later than 18 months after the date of the enactment of this subsection, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that contains— (A) the results of the study under this subsection; (B) a list of programs, services, functions, and activities (or portions thereof) within each agency that would be feasible to include in a tribal demonstration project; (C) a list of programs, services, functions, and activities (or portions thereof) included in the list described in subparagraph (B) that could be included in a tribal demonstration project without amending existing law or without waiving regulations that the Secretary may not waive; and (D) a list of legislative actions required in order to include those programs, services, functions, and activities (or portions thereof) included in the list described in subparagraph (B) but not included in the list described in subparagraph (C) in a tribal demonstration project. (4) Consultation with Indian tribes (A) In general Prior to consultation, the Secretary shall consult with Indian tribes to determine a protocol for consultation. (B) Requirements The protocol shall require, at a minimum, that— (i) the government-to-government relationship with Indian tribes forms the basis for the consultation process; (ii) the Indian tribes and the Secretary jointly conduct the consultations required by this paragraph; and (iii) the consultation process allows for separate and direct recommendations from the Indian tribes and other entities referenced in this subsection. . (c) Traditional and locally grown food Section 4(b)(6) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b)(6) ) is amended— (1) by redesignating subparagraph (F) as subparagraph (G); and (2) by inserting after subparagraph (E) the following: (F) Traditional and locally grown food A tribe that is authorized to administer the distribution described in paragraph (1) shall have the option to use 5 percent of the program funding of the tribe to promote local purchase of traditional and locally grown food to be used in the food package of the tribe by purchasing traditional and locally grown foods from local Native American farmers, ranchers, and producers. . 4003. Standard utility allowances based on the receipt of energy assistance payments (a) Standard utility allowances in the supplemental nutrition assistance program Section 5(e)(6)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6)(C) ) is amended— (1) in clause (i), by inserting , subject to clause (iv) after Secretary ; and (2) in clause (iv), by striking subclause (I) and inserting the following: (I) In general Subject to subclause (II), if a State agency elects to use a standard utility allowance that reflects heating and cooling costs, the standard utility allowance shall be made available to households that have received a payment, or on behalf of which a payment has been made, under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) or other similar energy assistance program, if in the current month or during the immediately preceding 12 months, the household either has received a payment, or a payment has been made on behalf of the household, that is greater than $10 annually, as determined by the Secretary. . (b) Conforming amendment Section 2605(f)(2)(A) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f)(2)(A) ) is amended by inserting before the semicolon at the end , except that, for purposes of the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), such payments or allowances were greater than $10 annually, consistent with section 5(e)(6)(C)(iv)(I) of that Act ( 7 U.S.C. 2014(e)(6)(C)(iv)(I) ), as determined by the Secretary of Agriculture. . (c) Effective and implementation date (1) In general Except as provided in paragraph (2), this section and the amendments made by this section shall take effect beginning on October 1, 2013, for all certification periods beginning after that date. (2) State option to delay implementation for current recipients A State may, at the option of the State, implement a policy that eliminates or minimizes the effect of the amendments made by this section for households that receive a standard utility allowance as of the date of enactment of this Act for not more than a 180-day period beginning on the date on which the amendments made by this section would otherwise affect the benefits received by a household. 4004. Eligibility disqualifications Section 6(e)(3)(B) of Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(e)(3)(B) ) is amended by striking section and inserting the following: “section, subject to the condition that the course or program of study— (i) is part of a program of career and technical education (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 )) that may be completed in not more than 4 years at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); or (ii) is limited to remedial courses, basic adult education, literacy, or English as a second language; . 4005. Ending supplemental nutrition assistance program benefits for lottery or gambling winners (a) In general Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) is amended by adding at the end the following: (r) Ineligibility for benefits due to receipt of substantial lottery or gambling winnings (1) In general Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings. (2) Duration of ineligibility A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 5. (3) Agreements As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings. . (b) Conforming amendments Section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) ) is amended in the second sentence by striking sections 6(b), 6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g), and (r) of section 6 . 4006. Retail food stores (a) Definition of retail food store Subsection (o)(1)(A) of section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) (as redesignated by section 4018(a)(4)) is amended by striking at least 2 and inserting at least 3 . (b) Alternative benefit delivery Section 7(f) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(f) ) is amended— (1) by striking paragraph (2) and inserting the following: (2) Imposition of costs (A) In general Except as provided in subparagraph (B), the Secretary shall require participating retail food stores (including restaurants participating in a State option restaurant program intended to serve the elderly, disabled, and homeless) to pay 100 percent of the costs of acquiring, and arrange for the implementation of, electronic benefit transfer point-of-sale equipment and supplies, including related services. (B) Exemptions The Secretary may exempt from subparagraph (A)— (i) farmers’ markets and other direct-to-consumer markets, military commissaries, nonprofit food buying cooperatives, and establishments, organizations, programs, or group living arrangements described in paragraphs (5), (7), and (8) of section 3(k); and (ii) establishments described in paragraphs (3), (4), and (9) of section 3(k), other than restaurants participating in a State option restaurant program. (C) Interchange fees Nothing in this paragraph permits the charging of fees relating to the redemption of supplemental nutrition assistance program benefits, in accordance with subsection (h)(13). ; and (2) by adding at the end the following: (4) Termination of manual vouchers (A) In general Effective beginning on the date of enactment of this paragraph, except as provided in subparagraph (B), no State shall issue manual vouchers to a household that receives supplemental nutrition assistance under this Act or allow retail food stores to accept manual vouchers as payment, unless the Secretary determines that the manual vouchers are necessary, such as in the event of an electronic benefit transfer system failure or a disaster situation. (B) Exemptions The Secretary may exempt categories of retail food stores or individual retail food stores from subparagraph (A) based on criteria established by the Secretary. (5) Unique identification number required (A) In general To enhance the anti-fraud protections of the program, the Secretary shall require all parties providing electronic benefit transfer services to provide for and maintain unique terminal identification number information through the supplemental nutrition assistance program electronic benefit transfer transaction routing system. (B) Regulations (i) In general Not earlier than 2 years after the date of enactment of this paragraph, the Secretary shall issue proposed regulations to carry out this paragraph. (ii) Commercial practices In issuing regulations to carry out this paragraph, the Secretary shall consider existing commercial practices for other point-of-sale debit transactions. . (c) Electronic benefit transfers Section 7(h)(3)(B) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(3)(B) ) is amended by striking is operational— and all that follows through (ii) in the case of other participating stores, and inserting is operational . (d) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) is amended— (1) in the second sentence of subsection (a)(1)— (A) in subparagraph (A), by inserting , including the depth of stock, variety of staple food items, and the sale of excepted items described in 3(k)(1) after applicant ; and (B) by striking ; and (C) and inserting ; (C) whether the applicant is located in an area with significantly limited access to food; and (D) ; and (2) by adding at the end the following: (g) EBT service requirement An approved retail food store shall provide adequate EBT service as described in section 7(h)(3)(B). . 4007. Improving security of food assistance Section 7(h)(8) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h)(8) ) is amended— (1) by striking the paragraph heading and inserting Replacement of cards .— ; (2) by striking A State and inserting the following: (A) Fees A State ; and (3) by adding after subparagraph (A) (as so designated by paragraph (2)) the following: (B) Purposeful loss of cards (i) In general Subject to terms and conditions established by the Secretary in accordance with clause (ii), if a household makes excessive requests for replacement of the electronic benefit transfer card of the household, the Secretary may require a State agency to decline to issue a replacement card to the household unless the household, upon request of the State agency, provides an explanation for the loss of the card. (ii) Requirements The terms and conditions established by the Secretary shall provide that— (I) the household be given the opportunity to provide the requested explanation and meet the requirements under this paragraph promptly; (II) after an excessive number of lost cards, the head of the household shall be required to review program rights and responsibilities with State agency personnel authorized to make determinations under section 5(a); and (III) any action taken, including actions required under section 6(b)(2), other than the withholding of the electronic benefit transfer card until an explanation described in subclause (I) is provided, shall be consistent with the due process protections under section 6(b) or 11(e)(10), as appropriate. (C) Protecting vulnerable persons In implementing this paragraph, a State agency shall act to protect homeless persons, persons with disabilities, victims of crimes, and other vulnerable persons who lose electronic benefit transfer cards but are not intentionally committing fraud. (D) Effect on eligibility While a State may decline to issue an electronic benefits transfer card until a household satisfies the requirements under this paragraph, nothing in this paragraph shall be considered a denial of, or limitation on, the eligibility for benefits under section 5. . 4008. Technology modernization for retail food stores (a) Mobile technologies Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) (as amended by section 4018(e)) is amended by adding at the end the following: (14) Mobile technologies (A) In general Subject to subparagraph (B), the Secretary shall approve retail food stores to redeem benefits through electronic means other than wired point of sale devices for electronic benefit transfer transactions, if the retail food stores— (i) establish recipient protections regarding privacy, ease of use, access, and support similar to the protections provided for transactions made in retail food stores; (ii) bear the costs of obtaining, installing, and maintaining mobile technologies, including mechanisms needed to process EBT cards and transaction fees; (iii) demonstrate the foods purchased with benefits issued under this section through mobile technologies are purchased at a price not higher than the price of the same food purchased by other methods used by the retail food store, as determined by the Secretary; (iv) provide adequate documentation for each authorized transaction, as determined by the Secretary; and (v) meet other criteria as established by the Secretary. (B) Demonstration project on acceptance of benefits of mobile transactions (i) In general Before authorizing implementation of subparagraph (A) in all States, the Secretary shall pilot the use of mobile technologies determined by the Secretary to be appropriate to test the feasibility and implications for program integrity, by allowing retail food stores to accept benefits from recipients of supplemental nutrition assistance through mobile transactions. (ii) Demonstration projects To be eligible to participate in a demonstration project under clause (i), a retail food store shall submit to the Secretary for approval a plan that includes— (I) a description of the technology; (II) the manner by which the retail food store will provide proof of the transaction to households; (III) the provision of data to the Secretary, consistent with requirements established by the Secretary, in a manner that allows the Secretary to evaluate the impact of the demonstration on participant access, ease of use, and program integrity; and (IV) such other criteria as the Secretary may require. (iii) Date of completion The demonstration projects under this subparagraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2015. (C) Report to Congress The Secretary shall— (i) by not later than January 1, 2016, authorize implementation of subparagraph (A) in all States, unless the Secretary makes a finding, based on the data provided under subparagraph (B), that implementation in all States is not in the best interest of the supplemental nutrition assistance program; and (ii) if the determination made in clause (i) is not to implement subparagraph (A) in all States, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the basis of the finding. . (b) Acceptance of benefits through on-Line transactions (1) In general Section 7 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016 ) is amended by adding at the end the following: (k) Option To accept program benefits through on-Line transactions (1) In general Subject to paragraph (4), the Secretary shall approve retail food stores to accept benefits from recipients of supplemental nutrition assistance through on-line transactions. (2) Requirements to accept benefits A retail food store seeking to accept benefits from recipients of supplemental nutrition assistance through on-line transactions shall— (A) establish recipient protections regarding privacy, ease of use, access, and support similar to the protections provided for transactions made in retail food stores; (B) ensure benefits are not used to pay delivery, ordering, convenience, or other fees or charges; (C) clearly notify participating households at the time a food order is placed— (i) of any delivery, ordering, convenience, or other fee or charge associated with the food purchase; and (ii) that any such fee cannot be paid with benefits provided under this Act; (D) ensure the security of on-line transactions by using the most effective technology available that the Secretary considers appropriate and cost-effective and that is comparable to the security of transactions at retail food stores; and (E) meet other criteria as established by the Secretary. (3) State agency action Each State agency shall ensure that recipients of supplemental nutrition assistance can use benefits on-line as described in this subsection as appropriate. (4) Demonstration project on acceptance of benefits through on-line transactions (A) In general Before the Secretary authorizes implementation of paragraph (1) in all States, the Secretary shall carry out a number of demonstration projects as determined by the Secretary to test the feasibility of allowing retail food stores to accept benefits through on-line transactions. (B) Demonstration projects To be eligible to participate in a demonstration project under subparagraph (A), a retail food store shall submit to the Secretary for approval a plan that includes— (i) a method of ensuring that benefits may be used to purchase only eligible items under this Act; (ii) a description of the method of educating participant households about the availability and operation of on-line purchasing; (iii) adequate testing of the on-line purchasing option prior to implementation; (iv) the provision of data as requested by the Secretary for purposes of analyzing the impact of the project on participant access, ease of use, and program integrity; (v) reports on progress, challenges, and results, as determined by the Secretary; and (vi) such other criteria, including security criteria, as established by the Secretary. (C) Date of completion The demonstration projects under this paragraph shall be completed and final reports submitted to the Secretary by not later than July 1, 2015. (5) Report to Congress The Secretary shall— (A) by not later than January 1, 2016, authorize implementation of paragraph (1) in all States, unless the Secretary makes a finding, based on the data provided under paragraph (4), that implementation in all States is not in the best interest of the supplemental nutrition assistance program; and (B) if the determination made in subparagraph (A) is not to implement in all States, submit a report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate that includes the basis of the finding. . (2) Conforming amendments (A) Section 7(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(b) ) is amended by striking purchase food in retail food stores and inserting purchase food from retail food stores . (B) Section 10 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2019 ) is amended in the first sentence by inserting retail food stores authorized to accept and redeem benefits through on-line transactions shall be authorized to accept benefits prior to the delivery of food if the delivery occurs within a reasonable time of the purchase, as determined by the Secretary, after food so purchased, . (c) Savings clause Nothing in this section or an amendment made by this section alter any requirements of the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) unless specifically authorized in this section or an amendment made by this section. 4009. Use of benefits for purchase of community-supported agriculture share Subsection (o)(4) of section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) (as redesignated by section 4018(a)(4)) is amended by inserting , or agricultural producers who market agricultural products directly to consumers after such food . 4010. Restaurant meals program (a) In general Section 11(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2020(e) ) is amended— (1) in paragraph (22), by striking and at the end; (2) in paragraph (23), by striking the period at the end of subparagraph (C) and inserting ; and ; and (3) by adding at the end the following: (24) if the State elects to carry out a program to contract with private establishments to offer meals at concessional prices, as described in paragraphs 3, 4, and 9 of section 3(k)— (A) the plans of the State agency for operating the program, including— (i) documentation of a need that eligible homeless, elderly, and disabled clients are underserved in a particular geographic area; (ii) the manner by which the State agency will limit participation to only those private establishments that the State determines necessary to meet the need identified in clause (i); and (iii) any other conditions the Secretary may prescribe, such as the level of security necessary to ensure that only eligible recipients participate in the program; and (B) a report by the State agency to the Secretary annually, the schedule of which shall be established by the Secretary, that includes— (i) the number of households and individual recipients authorized to participate in the program, including any information on whether the individual recipient is elderly, disabled, or homeless; and (ii) an assessment of whether the program is meeting an established need, as documented under subparagraph (A)(i). . (b) Approval of retail food stores and wholesale food concerns Section 9 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018 ) (as amended by section 4005(d)(3)) is amended by adding at the end the following: (h) Private establishments (1) In general Subject to paragraph (2), no private establishment that contracts with a State agency to offer meals at concessional prices as described in paragraphs 3, 4, and 9 of section 3(k) may be authorized to accept and redeem benefits unless the Secretary determines that the participation of the private establishment is required to meet a documented need in accordance with section 11(e)(24). (2) Existing contracts (A) In general If, on the day before the date of enactment of this subsection, a State has entered into a contract with a private establishment described in paragraph (1) and the Secretary has not determined that the participation of the private establishment is necessary to meet a documented need in accordance with section 11(e)(24), the Secretary shall allow the operation of the private establishment to continue without that determination of need for a period not to exceed 180 days from the date on which the Secretary establishes determination criteria, by regulation, under section 11(e)(24). (B) Justification If the Secretary makes a determination to terminate a contract with a private establishment that is in effect on the date of enactment of this subsection, the Secretary shall provide justification to the State in which the private establishment is located for that termination. (3) Report to Congress Not later than 90 days after September 30, 2013, and 90 days after the last day of each fiscal year thereafter, the Secretary shall report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the effectiveness of a program under this subsection using any information received from States under section 11(e)(24) as well as any other information the Secretary may have relating to the manner in which benefits are used. . (c) Conforming amendments Section 3(k) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(k) ) is amended by inserting subject to section 9(h) after concessional prices each place it appears. 4011. Quality control standards (a) In general Section 16(c)(1)(D)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c)(1)(D)(i) ) is amended by striking subclause (I). (b) Conforming amendments (1) Section 13(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2022(a)(1) ) is amended in the first sentence by striking section 16(c)(1)(D)(i)(III) and inserting section 16(c)(1)(D)(i)(II) . (2) Section 16(c)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(c)(1) ) is amended— (A) in subparagraph (D)(i)— (i) by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively; and (ii) in subclause (III) (as so redesignated), by striking through (III) and inserting and (II) ; (B) in subparagraph (E)(i), by striking (D)(i)(III) and inserting (D)(i)(II) ; and (C) in subparagraph (F), by striking (D)(i)(II) each place it appears and inserting (D)(i)(I) . 4012. Performance bonus payments Section 16(d) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(d) ) is amended by adding at the end the following: (5) Use of performance bonus payments A State agency may use a performance bonus payment received under this subsection only to carry out the program established under this Act, including investments in— (A) technology; (B) improvements in administration and distribution; and (C) actions to prevent fraud, waste, and abuse. . 4013. Funding of employment and training programs Section 16(h)(1)(A) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(h)(1)(A) ) is amended by striking section 18(a)(1), $90,000,000 and all that follows through the end of the subparagraph and inserting “section 18(a)(1)— (i) for each of fiscal years 2014 through 2017, $90,000,000; and (ii) for fiscal year 2018 and each fiscal year thereafter, $80,000,000. . 4014. Authorization of appropriations Section 18(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(a)(1) ) is amended in the first sentence by striking 2012 and inserting 2018 . 4015. Assistance for community food projects Section 25 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2034 ) is amended— (1) in subsection (a)— (A) in paragraph (1)(B)— (i) in clause (i)— (I) in subclause (I), by inserting after individuals the following: through food distribution, community outreach to assist in participation in Federally assisted nutrition programs, or improving access to food as part of a comprehensive service; ; and (II) in subclause (III), by inserting food access, after food, ; and (ii) in clause (ii), by striking subclause (I) and inserting the following: (I) equipment necessary for the efficient operation of a project; ; and (B) by striking paragraph (2) and inserting the following: (2) Hunger-free communities goal The term hunger-free communities goal means any of the 14 goals described in House Concurrent Resolution 302, 102nd Congress, agreed to October 5, 1992. ; (2) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting public food program service provider or a before private ; (B) in paragraph (1)— (i) in subparagraph (A), by striking or after the semicolon at the end; (ii) in subparagraph (B), by inserting or after the semicolon at the end; and (iii) by adding at the end the following: (C) efforts to reduce food insecurity in the community, including food distribution, improving access to services, or coordinating services and programs; ; (C) in paragraph (2), by striking and after the semicolon at the end; (D) in paragraph (3), by striking the period at the end and inserting ; and ; and (E) by adding at the end the following: (4) collaborate with 1 or more local partner organizations to achieve at least 1 hunger-free communities goal. ; (3) in subsection (d)— (A) in paragraph (3), by striking or after the semicolon at the end; (B) in paragraph (4), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (5) develop new resources and strategies to help reduce food insecurity in the community and prevent food insecurity in the future by— (A) developing creative food resources; (B) coordinating food services with park and recreation programs and other community-based outlets to reduce barriers to access; or (C) creating nutrition education programs for at-risk populations to enhance food-purchasing and food-preparation skills and to heighten awareness of the connection between diet and health. ; (4) in subsection (f)(2), by striking 3 years and inserting 5 years ; and (5) by striking subsections (h) and (i) and inserting the following: (h) Reports to Congress Not later than September 30, 2014, and each year thereafter, the Secretary shall submit to Congress a report that describes each grant made under this section, including— (1) a description of any activity funded; (2) the degree of success of each activity funded in achieving hunger-free community goals; and (3) the degree of success in improving the long-term capacity of a community to address food and agriculture problems related to hunger or access to healthy food. . 4016. Emergency food assistance (a) Purchase of commodities Section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) is amended— (1) in paragraph (1), by striking 2008 through 2012 and inserting 2014 through 2018 ; (2) by striking paragraph (2) and inserting the following: (2) Amounts The Secretary shall use to carry out paragraph (1)— (A) for fiscal year 2013, $265,750,000; and (B) for each subsequent fiscal year, the dollar amount of commodities specified in subparagraph (A) adjusted by the percentage by which the thrifty food plan has been adjusted under section 3(u)(4) between June 30, 2013, and June 30 of the immediately preceding fiscal year, and subsequently increased by— (i) for fiscal year 2014, $22,000,000; (ii) for fiscal year 2015, $18,000,000; (iii) for fiscal year 2016, $10,000,000; and (iv) for fiscal year 2017, $4,000,000. ; and (3) by adding at the end the following: (3) Funds availability For purposes of the funds described in this subsection, the Secretary shall— (A) make the funds available for 2 fiscal years; and (B) allow States to carry over unexpended balances to the next fiscal year pursuant to such terms and conditions as are determined by the Secretary. . (b) Emergency food program infrastructure grants Section 209(d) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7511a(d) ) is amended by striking 2012 and inserting 2018 . 4017. Nutrition education Section 28(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a(b) ) is amended by inserting and physical activity after healthy food choices . 4018. Retail food store and recipient trafficking The Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) is amended by adding at the end the following: 29. Retail food store and recipient trafficking (a) Purpose The purpose of this section is to provide the Department of Agriculture with additional resources to prevent trafficking in violation of this Act by strengthening recipient and retail food store program integrity. (b) Use of funds (1) In general Additional funds are provided under this section to supplement the retail food store and recipient integrity activities of the Department. (2) Information technologies The Secretary shall use an appropriate amount of the funds provided under this section to employ information technologies known as data mining and data warehousing and other available information technologies to administer the supplemental nutrition assistance program and enforce regulations promulgated under section 4(c). (c) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $12,000,000 for each of fiscal years 2014 through 2018. (2) Mandatory funding (A) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section not less than $5,000,000 for fiscal year 2014, to remain available until expended. (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under subparagraph (A), without further appropriation. (C) Maintenance of funding The funding provided under subparagraph (A) shall supplement (and not supplant) other Federal funding for programs carried out under this Act. . 4019. Technical and conforming amendments (a) Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (g), by striking coupon, and inserting coupon ; (2) in subsection (k)(7), by striking or are and inserting and ; (3) by striking subsection (l); (4) by redesignating subsections (m) through (t) as subsections (l) through (s), respectively; and (5) by inserting after subsection (s) (as so redesignated) the following: (t) Supplemental nutrition assistance program means the program operated pursuant to this Act. . (b) Section 4(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(a) ) is amended in the last sentence by striking benefits and inserting Benefits . (c) Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in the last sentence of subsection (i)(2)(D), by striking section 13(b)(2) and inserting section 13(b) ; and (2) in subsection (k)(4)(A), by striking paragraph (2)(H) and inserting paragraph (2)(G) . (d) Section 6(d)(4) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015(d)(4) ) is amended in subparagraphs (B)(vii) and (F)(iii) by indenting both clauses appropriately. (e) Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended by redesignating the second paragraph (12) (relating to interchange fees) as paragraph (13). (f) Section 9(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2018(a) ) is amended by indenting paragraph (3) appropriately. (g) Section 12 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2021 ) is amended— (1) in subsection (b)(3)(C), by striking civil money penalties and inserting civil penalties ; and (2) in subsection (g)(1), by striking (7 U.S.C. 1786) and inserting ( 42 U.S.C. 1786 ) . (h) Section 15(b)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2024(b)(1) ) is amended in the first sentence by striking an benefit and inserting a benefit . (i) Section 16(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2025(a) ) is amended in the proviso following paragraph (8) by striking as amended. . (j) Section 18(e) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2027(e) ) is amended in the first sentence by striking sections 7(f) and inserting section 7(f) . (k) Section 22(b)(10)(B)(i) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2031(b)(10)(B)(i) ) is amended in the last sentence by striking Food benefits and inserting Benefits . (l) Section 26(f)(3)(C) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2035(f)(3)(C) ) is amended by striking subsection and inserting subsections . (m) Section 27(a)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a)(1) ) is amended by striking (Public Law 98–8; 7 U.S.C. 612c note) and inserting (7 U.S.C. 7515) . (n) Section 509 of the Older Americans Act of 1965 ( 42 U.S.C. 3056g ) is amended in the section heading by striking food stamp programs and inserting supplemental nutrition assistance programs . (o) Section 4115(c)(2)(H) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1871) is amended by striking 531 and inserting 454 . 4020. Eligibility disqualifications for certain convicted felons Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 ) (as amended by section 4004) is amended by adding at the end the following: (s) Disqualification for certain convicted felons (1) In general An individual shall not be eligible for benefits under this Act if the individual is convicted of— (A) aggravated sexual abuse under section 2241 of title 18, United States Code; (B) murder under section 1111 of title 18, United States Code; (C) an offense under chapter 110 of title 18, United States Code; (D) a Federal or State offense involving sexual assault, as defined in 40002(a) of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925(a) ); or (E) an offense under State law determined by the Attorney General to be substantially similar to an offense described in subparagraph (A), (B), or (C). (2) Effects on assistance and benefits for others The amount of benefits otherwise required to be provided to an eligible household under this Act shall be determined by considering the individual to whom paragraph (1) applies not to be a member of such household, except that the income and resources of the individual shall be considered to be income and resources of the household. (3) Enforcement Each State shall require each individual applying for benefits under this Act, during the application process, to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described in paragraph (1). . B Commodity distribution programs 4101. Commodity distribution program Section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86) is amended in the first sentence by striking 2012 and inserting 2018 . 4102. Commodity supplemental food program Section 5 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86) is amended— (1) in paragraphs (1) and (2)(B) of subsection (a), by striking 2012 each place it appears and inserting 2018 ; (2) in the first sentence of subsection (d)(2), by striking 2012 and inserting 2018 ; (3) by striking subsection (g) and inserting the following: (g) Eligibility Except as provided in subsection (m), the States shall only provide assistance under the commodity supplemental food program to low-income persons aged 60 and older. ; and (4) by adding at the end the following: (m) Phase-Out Notwithstanding any other provision of law, an individual who receives assistance under the commodity supplemental food program on the day before the date of enactment of this subsection shall continue to receive that assistance until the date on which the individual is no longer eligible for assistance under the eligibility requirements for the program in effect on the day before the date of enactment of this subsection. . 4103. Distribution of surplus commodities to special nutrition projects Section 1114(a)(2)(A) of the Agriculture and Food Act of 1981 ( 7 U.S.C. 1431e(2)(A) ) is amended in the first sentence by striking 2012 and inserting 2018 . 4104. Processing of commodities (a) In general Section 17 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note; Public Law 100–237 ) is amended— (1) in the section heading, by inserting and processing after donations ; and (2) by adding at the end the following: (c) Processing (1) In general For any program included under subsection (b), the Secretary may, notwithstanding any other provision of Federal or State law relating to the procurement of goods and services— (A) retain title to commodities delivered to a processor, on behalf of a State (including a State distributing agency and a recipient agency), until such time as end products containing the commodities, or similar commodities as approved by the Secretary, are delivered to a State distributing agency or to a recipient agency; and (B) promulgate regulations to ensure accountability for commodities provided to a processor for processing into end products, and to facilitate processing of commodities into end products for use by recipient agencies. (2) Regulations The regulations described in paragraph (1)(B) may provide that— (A) a processor that receives commodities for processing into end products, or provides a service with respect to the commodities or end products, in accordance with the agreement of the processor with a State distributing agency or a recipient agency, provide to the Secretary a bond or other means of financial assurance to protect the value of the commodities; and (B) in the event a processor fails to deliver to a State distributing agency or a recipient agency an end product in conformance with the processing agreement entered into under this Act, the Secretary— (i) take action with respect to the bond or other means of financial assurance pursuant to regulations promulgated under this subsection; and (ii) distribute any proceeds obtained by the Secretary to 1 or more State distributing agencies and recipient agencies, as determined appropriate by the Secretary. . (b) Definitions Section 18 of the Commodity Distribution Reform Act and WIC Amendments of 1987 ( 7 U.S.C. 612c note; Public Law 100–237 ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) Commodities The term commodities means agricultural commodities and their products that are donated by the Secretary for use by recipient agencies. (2) End product The term end product means a food product that contains processed commodities. . (c) Technical and conforming amendments Section 3 of the Commodity Distribution Reform Act and WIC Amendments of 1987 (7 U.S.C. 612c note; Public Law 100–237 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking subparagraph (B) and inserting the following: (B) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); ; and (B) in paragraph (3)(D), by striking the Committee on Education and Labor and inserting the Committee on Education and the Workforce ; (2) in subsection (b)(1)(A)(ii), by striking section 32 of the Agricultural Adjustment Act (7 U.S.C. 601 et seq.) and inserting section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) ; (3) in subsection (e)(1)(D)(iii), by striking subclause (II) and inserting the following: (II) the program established under section 4(b) of the Food and Nutrition Act of 2008 (7 U.S.C. 2013(b)); ; and (4) in subsection (k), by striking the Committee on Education and Labor and inserting the Committee on Education and the Workforce . C Miscellaneous 4201. Purchase of fresh fruits and vegetables for distribution to schools and service institutions Section 10603(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 612c–4(b) ) is amended by striking 2012 and inserting 2018 . 4202. Seniors farmers' market nutrition program Section 4402(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3007(a) ) is amended by striking 2012 and inserting 2018 . 4203. Nutrition information and awareness pilot program Section 4403 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3171 note; Public Law 107–171) is repealed. 4204. Hunger-free communities Section 4405 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7517 ) is amended to read as follows: 4405. Hunger-free communities (a) In general In this section: (1) Eligible entity The term eligible entity means— (A) a nonprofit organization (including an emergency feeding organization); (B) an agricultural cooperative; (C) a producer network or association; (D) a community health organization; (E) a public benefit corporation; (F) an economic development corporation; (G) a farmers' market; (H) a community-supported agriculture program; (I) a buying club; (J) a retail food store participating in the supplemental nutrition assistance program; (K) a State, local, or tribal agency; and (L) any other entity the Secretary designates. (2) Emergency feeding organization The term emergency feeding organization has the meaning given the term in section 201A of the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501). (3) Supplemental nutrition assistance program The term supplemental nutrition assistance program means the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (b) Hunger-Free communities incentive grants (1) Authorization (A) In general In each of the years specified in subsection (c), the Secretary shall make grants to eligible entities in accordance with paragraph (2). (B) Federal share The Federal share of the cost of carrying out an activity under this subsection shall not exceed 50 percent of the total cost of the activity. (C) Non-Federal share (i) In general The non-Federal share of the cost of an activity under this subsection may be provided— (I) in cash or in-kind contributions as determined by the Secretary, including facilities, equipment, or services; and (II) by a State or local government or a private source. (ii) Limitation In the case of a for-profit entity, the non-Federal share described in clause (i) shall not include services of an employee, including salaries paid or expenses covered by the employer. (2) Criteria (A) In general For purposes of this subsection, an eligible entity is a governmental agency or nonprofit organization that— (i) meets the application criteria set forth by the Secretary; and (ii) proposes a project that, at a minimum— (I) has the support of the State agency; (II) would increase the purchase of fruits and vegetables by low-income consumers participating in the supplemental nutrition assistance program by providing incentives at the point of purchase; (III) agrees to participate in the evaluation described in paragraph (4); (IV) ensures that the same terms and conditions apply to purchases made by individuals with benefits issued under this Act and incentives provided for in this subsection as apply to purchases made by individuals who are not members of households receiving benefits, such as provided for in section 278.2(b) of title 7, Code of Federal Regulations (or a successor regulation); and (V) includes effective and efficient technologies for benefit redemption systems that may be replicated in other for States and communities. (B) Priority In awarding grants under this section, the Secretary shall give priority to projects that— (i) maximize the share of funds used for direct incentives to participants; (ii) use direct-to-consumer sales marketing; (iii) demonstrate a track record of designing and implementing successful nutrition incentive programs that connect low-income consumers and agricultural producers; (iv) provide locally or regionally produced fruits and vegetables; (v) are located in underserved communities; or (vi) address other criteria as established by the Secretary. (3) Applicability (A) In general The value of any benefit provided to a participant in any activity funded under this subsection shall not be considered income or resources for any purpose under any Federal, State, or local law. (B) Prohibition on collection of sales taxes Each State shall ensure that no State or local tax is collected on a purchase of food under this subsection. (C) No limitation on benefits A grant made available under this subsection shall not be used to carry out any project that limits the use of benefits under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or any other Federal nutrition law. (D) Household allotment Assistance provided under this subsection to households receiving benefits under the supplemental nutrition assistance program shall not— (i) be considered part of the supplemental nutrition assistance program benefits of the household; or (ii) be used in the collection or disposition of claims under section 13 of the Food and Nutrition Act of 2008 (7 U.S.C. 2022). (4) Evaluation (A) Independent evaluation The Secretary shall provide for an independent evaluation of projects selected under this subsection that measures the impact of each project on— (i) improving the nutrition and health status of participating households receiving incentives under this subsection; and (ii) increasing fruit and vegetable purchases in participating households. (B) Requirement The independent evaluation under subparagraph (A) shall use rigorous methodologies capable of producing scientifically valid information regarding the effectiveness of a project. (C) Costs The Secretary may use funds not to exceed 10 percent of the funding provided to carry out this section to pay costs associated with administering, monitoring, and evaluating each project. (c) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out subsection (b) $5,000,000 for each of fiscal years 2014 through 2018. (2) Mandatory Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out subsection (b)— (A) $15,000,000 for fiscal year 2014; (B) $20,000,000 for each of fiscal years 2015 through 2017; and (C) $25,000,000 for fiscal year 2018. . 4205. Healthy Food Financing Initiative Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) is amended by adding at the end the following: 242. Healthy Food Financing Initiative (a) Purpose The purpose of this section is to enhance the authorities of the Secretary to support efforts to provide access to healthy food by establishing an initiative to improve access to healthy foods in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities by providing loans and grants to eligible fresh, healthy food retailers to overcome the higher costs and initial barriers to entry in underserved areas. (b) Definitions In this section: (1) Community development financial institution The term community development financial institution has the meaning given the term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 ( 12 U.S.C. 4702 ). (2) Initiative The term Initiative means the Healthy Food Financing Initiative established under subsection (c)(1). (3) National fund manager The term national fund manager means a community development financial institution that is— (A) in existence on the date of enactment of this section; and (B) certified by the Community Development Financial Institution Fund of the Department of the Treasury to manage the Initiative for purposes of— (i) raising private capital; (ii) providing financial and technical assistance to partnerships; and (iii) funding eligible projects to attract fresh, healthy food retailers to underserved areas, in accordance with this section. (4) Partnership The term partnership means a regional, State, or local public-private partnership that— (A) is organized to improve access to fresh, healthy foods; (B) provides financial and technical assistance to eligible projects; and (C) meets such other criteria as the Secretary may establish. (5) Perishable food The term perishable food means a staple food that is fresh, refrigerated, or frozen. (6) Quality job The term quality job means a job that provides wages and other benefits comparable to, or better than, similar positions in existing businesses of similar size in similar local economies. (7) Staple food (A) In general The term staple food means food that is a basic dietary item. (B) Inclusions The term staple food includes— (i) bread; (ii) flour; (iii) fruits; (iv) vegetables; and (v) meat. (c) Initiative (1) Establishment The Secretary shall establish an initiative to achieve the purpose described in subsection (a) in accordance with this subsection. (2) Implementation (A) In general (i) In general In carrying out the Initiative, the Secretary shall provide funding to entities with eligible projects, as described in subparagraph (B), subject to the priorities described in subparagraph (C). (ii) Use of funds Funds provided to an entity pursuant to clause (i) shall be used— (I) to create revolving loan pools of capital or other products to provide loans to finance eligible projects or partnerships; (II) to provide grants for eligible projects or partnerships; (III) to provide technical assistance to funded projects and entities seeking Initiative funding; and (IV) to cover administrative expenses of the national fund manager in an amount not to exceed 10 percent of the Federal funds provided. (B) Eligible projects Subject to the approval of the Secretary, the national fund manager shall establish eligibility criteria for projects under the Initiative, which shall include the existence or planned execution of agreements— (i) to expand or preserve the availability of staple foods in underserved areas with moderate- and low-income populations by maintaining or increasing the number of retail outlets that offer an assortment of perishable food and staple food items, as determined by the Secretary, in those areas; and (ii) to accept benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (C) Priorities In carrying out the Initiative, priority shall be given to projects that— (i) are located in severely distressed low-income communities, as defined by the Community Development Financial Institutions Fund of the Department of the Treasury; and (ii) include 1 or more of the following characteristics: (I) The project will create or retain quality jobs for low-income residents in the community. (II) The project supports regional food systems and locally grown foods, to the maximum extent practicable. (III) In areas served by public transit, the project is accessible by public transit. (IV) The project involves women- or minority-owned businesses. (V) The project receives funding from other sources, including other Federal agencies. (VI) The project otherwise advances the purpose of this section, as determined by the Secretary. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $125,000,000, to remain available until expended. . 4206. Pulse crop products (a) Purpose The purpose of this section is to encourage greater awareness and interest in the number and variety of pulse crop products available to schoolchildren, as recommended by the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ). (b) Definitions In this section: (1) Eligible pulse crop The term eligible pulse crop means dry beans, dry peas, lentils, and chickpeas. (2) Pulse crop product The term pulse crop product means a food product derived in whole or in part from an eligible pulse crop. (c) Purchase of pulse crops and pulse crop products In addition to the commodities delivered under section 6 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1755 ), the Secretary shall purchase eligible pulse crops and pulse crop products for use in— (1) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); and (2) the school breakfast program established by section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (d) Evaluation Not later than September 30, 2016, the Secretary shall conduct an evaluation of the activities conducted under subsection (c), including— (1) an evaluation of whether children participating in the school lunch and breakfast programs described in subsection (c) increased overall consumption of eligible pulse crops as a result of the activities; (2) an evaluation of which eligible pulse crops and pulse crop products are most acceptable for use in the school lunch and breakfast programs; (3) any recommendations of the Secretary regarding the integration of the use of pulse crop products in carrying out the school lunch and breakfast programs; (4) an evaluation of any change in the nutrient composition in the school lunch and breakfast programs due to the activities; and (5) an evaluation of any other outcomes determined to be appropriate by the Secretary. (e) Report As soon as practicable after the completion of the evaluation under subsection (d), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and the Workforce of the House of Representative a report describing the results of the evaluation. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended. 4207. Dietary Guidelines for Americans Section 301(a) of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)) is amended by adding at the end the following: (3) Pregnant women and young children Not later than the 2020 report and in each report thereafter, the Secretaries shall include national nutritional and dietary information and guidelines for pregnant women and children from birth until the age of 2. . 4208. Purchases of locally produced foods Section 9(j) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(j) ) is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (2) by striking The Secretary and inserting the following: (1) In general The Secretary ; (3) in paragraph (1) (as so redesignated)— (A) in subparagraph (B)— (i) by striking paragraph (1) of the policy described in that paragraph and paragraph (3) and inserting subparagraph (A) of the policy described in that subparagraph and subparagraph (C) ; and (ii) by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) not later than 1 year after the date of enactment of this subparagraph, in accordance with paragraphs (2) and (3), conduct not fewer than 5 demonstration projects through school food authorities receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) to facilitate the purchase of unprocessed and minimally processed locally grown and locally raised agricultural products. ; and (4) by adding at the end the following: (2) Selection In conducting demonstration projects under paragraph (1)(D), the Secretary shall ensure that at least 1 project is located in a State in each of— (A) the Pacific Northwest Region; (B) the Northeast Region; (C) the Western Region; (D) the Midwest Region; and (E) the Southern Region. (3) Priority In selecting States for participation in the demonstration projects under paragraph (2), the Secretary shall prioritize applications based on— (A) the quantity and variety of growers of local fruits and vegetables in the State; (B) the demonstrated commitment of the State to farm-to-school efforts, as evidenced by prior efforts to increase and promote farm-to- school programs in the State; and (C) whether the State contains a sufficient quantity of school districts of varying population sizes and geographical locations. . 4209. Multiagency task force Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6951 et seq. ) (as amended by section 4205) is amended by adding at the end the following: 243. Multiagency task force (a) In general The Secretary shall establish, in the office of the Under Secretary for Food, Nutrition, and Consumer Services, a multiagency task force for the purpose of providing coordination and direction for commodity programs. (b) Composition The Task Force shall be composed of at least 4 members, including— (1) a representative from the Food Distribution Division of the Food and Nutrition Service, who shall— (A) be appointed by the Under Secretary for Food, Nutrition, and Consumer Services; and (B) serve as Chairperson of the Task Force; (2) at least 1 representative from the Agricultural Marketing Service, who shall be appointed by the Under Secretary for Marketing and Regulatory Programs; (3) at least 1 representative from the Farm Services Agency, who shall be appointed by the Under Secretary for Farm and Foreign Agricultural Services; and (4) at least 1 representative from the Food Safety and Inspection Service, who shall be appointed by the Under Secretary for Food Safety. (c) Duties (1) In general The Task Force shall be responsible for evaluation and monitoring of the commodity programs to ensure that the commodity programs meet the mission of the Department— (A) to support the United States farm sector; and (B) to contribute to the health and well-being of individuals in the United States through the distribution of domestic agricultural products through commodity programs. (2) Specific duties In carrying out paragraph (1), the Task Force shall— (A) review and make recommendations regarding the specifications used for the procurement of food commodities; (B) review and make recommendations regarding the efficient and effective distribution of food commodities; and (C) review and make recommendations regarding the degree to which the quantity, quality, and specifications of procured food commodities align the needs of producers and the preferences of recipient agencies. (d) Reports Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall submit to Congress a report that describes, for the period covered by the report— (1) the findings and recommendations of the Task Force; and (2) policies implemented for the improvement of commodity procurement programs. . 4210. Food and Agriculture Service Learning Program Subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6951 et seq.) (as amended by section 4209) is amended by adding at the end the following: 244. Food and Agriculture Service Learning Program (a) Definitions In this section: (1) Approved national service position The term approved national service position has the meaning given the term in section 101 of the National and Community Service Act of 1990 (42 U.S.C. 12511)). (2) Elementary school The term elementary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) Program The term Program means the Food and Agriculture Service Learning Program established under subsection (b). (4) Secondary school The term secondary school has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Establishment The Secretary shall establish a Food and Agriculture Service Learning Program to increase knowledge of agriculture and improve the nutritional health of children. (c) Purposes The purposes of the Program are— (1) to increase capacity for food, garden, and nutrition education within host organizations or entities and school cafeterias and in the classroom; (2) to complement and build on the efforts of the farm to school programs implemented under section 18(g) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769(g) ); (3) to complement efforts by the Department and school food authorities to implement school meal programs under section 4(b)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1753(b)(3)); (4) to carry out activities that advance the nutritional health of children and nutrition education in elementary schools and secondary schools; (5) to build on activities carried out by the Food and Nutrition Service and the Corporation for National and Community Service by providing funds to establish new approved national service positions for a national service program; and (6) to further expand the impact of the efforts described in paragraphs (1) through (5) through coordination with the National Institute of Food and Agriculture. (d) Eligibility In carrying out the Program, the Secretary may make awards to an organization or other entity that, as determined by the Secretary— (1) has a proven track record in carrying out the activities described in subsection (c); (2) is designated as a national service organization by the Corporation for National and Community Service under subtitle C of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.); (3) works in underserved rural and urban communities; (4) teaches and engages children in experiential learning about agriculture, gardening, nutrition, cooking, and where food comes from; and (5) facilitates a connection between elementary schools and secondary schools and agricultural producers in the local and regional area. (e) Accountability (1) In general The Secretary may require an organization or other entity receiving an award under subsection (d), or another qualified entity, to collect and report any data on the activities carried out under the Program, as determined by the Secretary. (2) Evaluation The Secretary shall— (A) conduct regular evaluation of the activities carried out under the Program; and (B) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that includes a description of the results of an evaluation conducted under subparagraph (A). (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000, to remain available until expended. (2) Use of certain funds Of the funds made available to carry out this section for a fiscal year, 20 percent shall be made available to the National Institute of Food and Agriculture to offset costs associated with hosting, training, and overseeing individuals in approved national service positions under the Program. (3) Maintenance of effort Funds made available under paragraph (1) shall be used only to supplement, not to supplant, the amount of Federal funding otherwise expended for nutrition, research, and extension programs of the Department. . V Credit A Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act 5001. Farmer loans, servicing, and other assistance under the Consolidated Farm and Rural Development Act The Consolidated Farm and Rural Development Act (as amended by section 6001) is amended by inserting after section 3002 the following: A Farmer loans, servicing, and other assistance 1 Farm ownership loans 3101. Farm ownership loans (a) In general The Secretary may make or guarantee a farm ownership loan under this chapter to an eligible farmer for a farm in the United States. (b) Eligibility A farmer shall be eligible under subsection (a) only— (1) if the farmer, or, in the case of an entity, 1 or more individuals holding a majority interest in the entity— (A) is a citizen of the United States; and (B) in the case of a direct loan, has training or farming experience that the Secretary determines is sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer; (2) (A) in the case of a farmer that is an individual, if the farmer is or proposes to become an owner and operator of a farm that is not larger than a family farm; or (B) in the case of a lessee-operator of a farm located in the State of Hawaii, if the Secretary determines that— (i) the farm is not larger than a family farm; (ii) the farm cannot be acquired in fee simple by the lessee-operator; (iii) adequate security is provided for the loan with respect to the farm for which the lessee-operator applies under this chapter; and (iv) there is a reasonable probability of accomplishing the objectives and repayment of the loan; (3) in the case of a farmer that is a cooperative, corporation, partnership, trust, limited liability company, joint operation, or such other legal entity as the Secretary determines to be appropriate, with respect to the entity and each farm in which the entity has an ownership or operator interest— (A) if— (i) a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) at least 1 of the individuals is or will be the operator of the farm; and (iii) the farm is not larger than a family farm; (B) if— (i) all of the individuals who are or propose to become owners or operators of a farm are related by blood or marriage; (ii) all of the individuals are or propose to become operators of the farm; and (iii) each of the interests of the individuals separately constitutes not larger than a family farm even if the ownership interests of the individuals collectively constitute larger than a family farm; or (C) if— (i) the entire interest is not held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become farm operators; and (iii) the farm is not larger than a family farm; (4) in the case of an entity that is, or will become within a reasonable period of time, as determined by the Secretary, only the operator of a family farm, if the 1 or more individuals who are the owners of the family farm own— (A) a percentage of the family farm that exceeds 50 percent; or (B) such other percentage as the Secretary determines to be appropriate; (5) in the case of an operator described in paragraph (3) that is owned, in whole or in part, by 1 or more other entities, if each of the individuals that have a direct or indirect ownership interest in such other entities also have a direct ownership interest in the entity; and (6) if the farmer (or in the case of a farmer that is an entity, the 1 or more individuals that hold a majority interest in the entity) is unable to obtain credit elsewhere. (c) Direct loans (1) In general Subject to paragraph (2), the Secretary may make a direct loan under this chapter only to a farmer who has participated in business operations of a farm for not less than 3 years (or has other acceptable experience for a period of time determined by the Secretary) and— (A) is a qualified beginning farmer; (B) has not received a previous direct farm ownership loan made under this chapter; or (C) has not received a direct farm ownership loan under this chapter more than 10 years before the date on which the new loan would be made. (2) Youth loans The operation of an enterprise by a youth under section 3201(d) shall not be considered the operation of a farm for purposes of paragraph (1). 3102. Purposes of loans (a) Allowed purposes (1) Direct loans A farmer may use a direct loan made under this chapter only— (A) to acquire or enlarge a farm; (B) to make capital improvements to a farm; (C) to pay loan closing costs related to acquiring, enlarging, or improving a farm; (D) to pay for activities to promote soil and water conservation and protection described in section 3103 on a farm; or (E) to refinance a temporary bridge loan made by a commercial or cooperative lender to a farmer for the acquisition of land for a farm, if— (i) the Secretary approved an application for a direct farm ownership loan to the farmer for acquisition of the land; and (ii) funds for direct farm ownership loans under section 3201(a) were not available at the time at which the application was approved. (2) Guaranteed loans A farmer may use a loan guaranteed under this chapter only— (A) to acquire or enlarge a farm; (B) to make capital improvements to a farm; (C) to pay loan closing costs related to acquiring, enlarging, or improving a farm; (D) to pay for activities to promote soil and water conservation and protection described in section 3103 on a farm; or (E) to refinance indebtedness. (b) Preferences In making or guaranteeing a loan under this chapter for purchase of a farm, the Secretary shall give preference to a person who— (1) has a dependent family; (2) to the extent practicable, is able to make an initial down payment on the farm; or (3) is an owner of livestock or farm equipment that is necessary to successfully carry out farming operations. (c) Hazard insurance requirement The Secretary may not make a loan to a farmer under this chapter unless the farmer has, or agrees to obtain, hazard insurance on any real property to be acquired or improved with the loan. 3103. Conservation loan and loan guarantee program (a) In general The Secretary may make or guarantee qualified conservation loans to eligible borrowers under this section. (b) Definitions In this section: (1) Conservation plan The term conservation plan means a plan, approved by the Secretary, that, for a farming operation, identifies the conservation activities that will be addressed with loan funds provided under this section, including— (A) the installation of conservation structures to address soil, water, and related resources; (B) the establishment of forest cover for sustained yield timber management, erosion control, or shelter belt purposes; (C) the installation of water conservation measures; (D) the installation of waste management systems; (E) the establishment or improvement of permanent pasture; (F) compliance with section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 ); and (G) other purposes consistent with the plan, including the adoption of any other emerging or existing conservation practices, techniques, or technologies approved by the Secretary. (2) Qualified conservation loan The term qualified conservation loan means a loan, the proceeds of which are used to cover the costs to the borrower of carrying out a qualified conservation project. (3) Qualified conservation project The term qualified conservation project means conservation measures that address provisions of a conservation plan of the eligible borrower. (c) Eligibility (1) In general The Secretary may make or guarantee loans to farmers. (2) Requirements To be eligible for a loan under this section, applicants shall meet the citizenship and training and experience requirements of section 3101(b). (d) Priority In making or guaranteeing loans under this section, the Secretary shall give priority to— (1) qualified beginning farmers and socially disadvantaged farmers; (2) owners or tenants who use the loans to convert to sustainable or organic agricultural production systems; and (3) producers who use the loans to build conservation structures or establish conservation practices to comply with section 1212 of the Food Security Act of 1985 ( 16 U.S.C. 3812 ). (e) Limitations applicable to loan guarantees The portion of a loan that the Secretary may guarantee under this section shall not exceed 75 percent of the principal amount of the loan. (f) Administrative provisions The Secretary shall ensure, to the maximum extent practicable, that loans made or guaranteed under this section are distributed across diverse geographic regions. (g) Credit eligibility The provisions of paragraphs (1) and (3) of section 3406(a) shall not apply to loans made or guaranteed under this section. (h) Authorization of appropriations For each of fiscal years 2013 through 2018, there are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. 3104. Loan maximums (a) Maximum (1) In general The Secretary shall make or guarantee no loan under sections 3101, 3102, 3103, 3106, and 3107 that would cause the unpaid indebtedness under those sections of any 1 borrower to exceed the lesser of— (A) the value of the farm or other security, or (B) (i) in the case of a loan made by the Secretary, $300,000; or (ii) in the case of a loan guaranteed by the Secretary, $700,000 (as modified under paragraph (2)). (2) Modification The amount specified in paragraph (1)(B)(ii) shall be— (A) increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed; and (B) reduced by the amount of any unpaid indebtedness of the borrower on loans under chapter 2 that are guaranteed by the Secretary. (b) Determination of value In determining the value of the farm, the Secretary shall consider appraisals made by competent appraisers under rules established by the Secretary. (c) Inflation percentage For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which— (1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department) for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds (2) the average of that index (as so defined) for the 12-month period ending on August 31, 1996. 3105. Repayment requirements for farm ownership loans (a) Period for repayment The period for repayment of a loan under this chapter shall not exceed 40 years. (b) Interest rates (1) In general Except as otherwise provided in this title, the interest rate on a loan under this chapter shall be determined by the Secretary at a rate— (A) not to exceed the sum obtained by adding— (i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and (ii) an amount not to exceed 1 percent, as determined by the Secretary; and (B) adjusted to the nearest 1/8 of 1 percent. (2) Low-income farm ownership loans Except as provided in paragraph (3), the interest rate on a loan (other than a guaranteed loan) under section 3106 shall be determined by the Secretary at a rate that is— (A) not greater than the sum obtained by adding— (i) an amount that does not exceed 1/2 of the current average market yield on outstanding marketable obligations of the United States with maturities of 5 years; and (ii) an amount not to exceed 1 percent per year, as the Secretary determines is appropriate; and (B) not less than 5 percent per year. (3) Joint financing arrangement If a direct farm ownership loan is made under this chapter as part of a joint financing arrangement and the amount of the direct farm ownership loan does not exceed 50 percent of the total principal amount financed under the arrangement, the interest rate on the direct farm ownership loan shall be at least 4 percent annually. (4) Guaranteed loans The interest rate on a loan made under this chapter as a guaranteed loan shall be such rate as may be agreed on by the borrower and the lender, but not in excess of any rate determined by the Secretary. (c) Payment of charges A borrower of a loan made or guaranteed under this chapter shall pay such fees and other charges as the Secretary may require, and prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe. (d) Security (1) In general The Secretary shall take as security for an obligation entered into in connection with a loan, a mortgage on a farm with respect to which the loan is made or such other security as the Secretary may require. (2) Liens to united states An instrument for security under paragraph (1) may constitute a lien running to the United States notwithstanding the fact that the note for the security may be held by a lender other than the United States. (3) Multiple loans A borrower may use the same collateral to secure 2 or more loans made or guaranteed under this chapter, except that the outstanding amount of the loans may not exceed the total value of the collateral. (e) Mineral rights as collateral (1) In general In the case of a farm ownership loan made after December 23, 1985, unless appraised values of the rights to oil, gas, or other minerals are specifically included as part of the appraised value of collateral securing the loan, the rights to oil, gas, or other minerals located under the property shall not be considered part of the collateral securing the loan. (2) Compensatory payments Nothing in this subsection prevents the inclusion of, as part of the collateral securing the loan, any payment or other compensation the borrower may receive for damages to the surface of the collateral real estate resulting from the exploration for or recovery of minerals. (f) Additional collateral The Secretary may not— (1) require any borrower to provide additional collateral to secure a farmer program loan made or guaranteed under this subtitle, if the borrower is current in the payment of principal and interest on the loan; or (2) bring any action to foreclose, or otherwise liquidate, the loan as a result of the failure of a borrower to provide additional collateral to secure the loan, if the borrower was current in the payment of principal and interest on the loan at the time the additional collateral was requested. 3106. Limited-resource loans (a) In general The Secretary may make or guarantee a limited-resource loan for any of the purposes specified in sections 3102(a) or 3103(a) to a farmer in the United States who— (1) in the case of an entity, all members, stockholders, or partners are eligible under section 3101(b); (2) has a low income; and (3) demonstrates a need to maximize the income of the farmer from farming operations. (b) Installments A loan made or guaranteed under this section shall be repayable in such installments as the Secretary determines will provide for reduced payments during the initial repayment period of the loan and larger payments during the remainder of the repayment period of the loan. (c) Interest rates Except as provided in section 3105(b)(3) and in section 3204(b)(3), the interest rate on loans (other than guaranteed loans) under this section shall not be— (1) greater than the sum obtained by adding— (A) an amount that does not exceed 1/2 of the current average market yield on outstanding marketable obligations of the United States with maturities of 5 years; and (B) an amount not exceeding 1 percent per year, as the Secretary determines is appropriate; or (2) less than 5 percent per year. 3107. Downpayment loan program (a) In general (1) Establishment Notwithstanding any other provision of this chapter, the Secretary shall establish, under the farm ownership loan program established under this chapter, a program under which loans shall be made under this section to a qualified beginning farmer or a socially disadvantaged farmer for a downpayment on a farm ownership loan. (2) Coordination The Secretary shall be the primary coordinator of credit supervision for the downpayment loan program established under this section, in consultation with a commercial or cooperative lender and, if applicable, a contracting credit counseling service selected under section 3420(c). (b) Loan terms (1) Principal Each loan made under this section shall be in an amount that does not exceed 45 percent of the lesser of— (A) the purchase price of the farm to be acquired; (B) the appraised value of the farm to be acquired; or (C) $667,000. (2) Interest rate The interest rate on any loan made by the Secretary under this section shall be a rate equal to the greater of— (A) the difference between— (i) 4 percent; and (ii) the interest rate for farm ownership loans under this chapter; or (B) 1.5 percent. (3) Duration Each loan under this section shall be made for a period of 20 years or less, at the option of the borrower. (4) Repayment Each borrower of a loan under this section shall repay the loan to the Secretary in equal annual installments. (5) Nature of retained security interest The Secretary shall retain an interest in each farm acquired with a loan made under this section that shall— (A) be secured by the farm; (B) be junior only to such interests in the farm as may be conveyed at the time of acquisition to the person (including a lender) from whom the borrower obtained a loan used to acquire the farm; and (C) require the borrower to obtain the permission of the Secretary before the borrower may grant an additional security interest in the farm. (c) Limitations (1) Borrowers required to make minimum down payment The Secretary shall not make a loan under this section to any borrower with respect to a farm if the contribution of the borrower to the down payment on the farm will be less than 5 percent of the purchase price of the farm. (2) Prohibited types of financing The Secretary shall not make a loan under this section with respect to a farm if the farm is to be acquired with other financing that contains any of the following conditions: (A) The financing is to be amortized over a period of less than 30 years. (B) A balloon payment will be due on the financing during the 20-year period beginning on the date on which the loan is to be made by the Secretary. (d) Administration In carrying out this section, the Secretary shall, to the maximum extent practicable— (1) facilitate the transfer of farms from retiring farmers to persons eligible for insured loans under this subtitle; (2) make efforts to widely publicize the availability of loans under this section among— (A) potentially eligible recipients of the loans; (B) retiring farmers; and (C) applicants for farm ownership loans under this chapter; (3) encourage retiring farmers to assist in the sale of their farms to qualified beginning farmers and socially disadvantaged farmers providing seller financing; (4) coordinate the loan program established by this section with State programs that provide farm ownership or operating loans for beginning farmers or socially disadvantaged farmers; and (5) establish annual performance goals to promote the use of the down payment loan program and other joint financing arrangements as the preferred choice for direct real estate loans made by any lender to a qualified beginning farmer or socially disadvantaged farmer. 3108. Beginning farmer and socially disadvantaged farmer contract land sales program (a) In general The Secretary shall, in accordance with this section, guarantee a loan made by a private seller of a farm to a qualified beginning farmer or socially disadvantaged farmer on a contract land sales basis. (b) Eligibility To be eligible for a loan guarantee under subsection (a)— (1) the qualified beginning farmer or socially disadvantaged farmer shall— (A) on the date the contract land sale that is subject of the loan is complete, own and operate the farm that is the subject of the contract land sale; (B) have a credit history that— (i) includes a record of satisfactory debt repayment, as determined by the Secretary; and (ii) is acceptable to the Secretary; and (C) demonstrate to the Secretary that the farmer is unable to obtain sufficient credit without a guarantee to finance any actual need of the farmer at a reasonable rate or term; and (2) the loan shall meet applicable underwriting criteria, as determined by the Secretary. (c) Limitations The Secretary shall not provide a loan guarantee under subsection (a) if— (1) the contribution of the qualified beginning farmer or socially disadvantaged farmer to the down payment for the farm that is the subject of the contract land sale would be less than 5 percent of the purchase price of the farm; or (2) the purchase price or the appraisal value of the farm that is the subject of the contract land sale is greater than $500,000. (d) Period of guarantee A loan guarantee under this section shall be in effect for the 10-year period beginning on the date on which the guarantee is provided. (e) Guarantee plan (1) Selection of plan A private seller of a farm who makes a loan guaranteed by the Secretary under subsection (a) may select— (A) a prompt payment guarantee plan, which shall cover— (i) 3 amortized annual installments; or (ii) an amount equal to 3 annual installments (including an amount equal to the total cost of any tax and insurance incurred during the period covered by the annual installments); or (B) a standard guarantee plan, which shall cover an amount equal to 90 percent of the outstanding principal of the loan. (2) Eligibility for standard guarantee plan To be eligible for a standard guarantee plan referred to in paragraph (1)(B), a private seller shall— (A) secure a commercial lending institution or similar entity, as determined by the Secretary, to serve as an escrow agent; or (B) in cooperation with the farmer, use an appropriate alternate arrangement, as determined by the Secretary. 2 Operating loans 3201. Operating loans (a) In general The Secretary may make or guarantee an operating loan under this chapter to an eligible farmer in the United States. (b) Eligibility A farmer shall be eligible under subsection (a) only— (1) if the farmer, or an individual holding a majority interest in the farmer— (A) is a citizen of the United States; and (B) has training or farming experience that the Secretary determines is sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer; (2) in the case of a farmer that is an individual, if the farmer is or proposes to become an operator of a farm that is not larger than a family farm; (3) in the case of a farmer that is a cooperative, corporation, partnership, trust, limited liability company, joint operation, or such other legal entity as the Secretary determines to be appropriate, with respect to the entity and each farm in which the entity has an ownership or operator interest— (A) if— (i) a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) at least 1 of the individuals is or will be the operator of the farm; and (iii) the farm is not larger than a family farm; (B) if— (i) all of the individuals who are or propose to become owners or operators of a farm are related by blood or marriage; (ii) all of the individuals are or propose to become operators of the farm; and (iii) each of the interests of the individuals separately constitutes not larger than a family farm even if the ownership interests of the individuals collectively constitute larger than a family farm; or (C) if— (i) the entire interest is not held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become farm operators; and (iii) the farm is not larger than a family farm; (4) in the case of an operator described in paragraph (3) that is owned, in whole or in part by 1 or more other entities, if not less than 75 percent of the ownership interests of each other entity is owned directly or indirectly by 1 or more individuals who own the family farm; and (5) if the farmer (or in the case of a farmer that is an entity, the 1 or more individuals that hold a majority interest in the entity) is unable to obtain credit elsewhere. (c) Direct loans (1) In general The Secretary may make a direct loan under this chapter only to a farmer who— (A) is a qualified beginning farmer; (B) has not received a previous direct operating loan made under this chapter; or (C) has not received a direct operating loan made under this chapter for a total of 10 years, plus any year the farmer or rancher did not receive a direct operating loan after the year in which the borrower initially received a direct operating loan under this chapter, as determined by the Secretary. (2) Youth loans In this subsection, the term direct operating loan shall not include a loan made to a youth under subsection (d). (3) Waivers (A) Farm operations on tribal land The Secretary shall waive the limitation under paragraph (1)(C) for a direct loan made under this chapter to a farmer whose farm land is subject to the jurisdiction of an Indian tribe and whose loan is secured by 1 or more security instruments that are subject to the jurisdiction of an Indian tribe if the Secretary determines that commercial credit is not generally available for such farm operations. (B) Other farm operations On a case-by-case determination not subject to administrative appeal, the Secretary may grant a borrower a waiver, 1 time only for a period of 2 years, of the limitation under paragraph (1)(C) for a direct operating loan if the borrower demonstrates to the satisfaction of the Secretary that— (i) the borrower has a viable farm operation; (ii) the borrower applied for commercial credit from at least 2 commercial lenders; (iii) the borrower was unable to obtain a commercial loan (including a loan guaranteed by the Secretary); and (iv) the borrower successfully has completed, or will complete within 1 year, borrower training under section 3419 (from which requirement the Secretary shall not grant a waiver under section 3419(f)). (d) Youth loans (1) In general Notwithstanding subsection (b), except for citizenship and credit requirements, a loan may be made under this chapter to a youth who is a rural resident to enable the youth to operate an enterprise in connection with the participation in a youth organization, as determined by the Secretary. (2) Full personal liability A youth receiving a loan under this subsection who executes a promissory note for the loan shall incur full personal liability for the indebtedness evidenced by the note, in accordance with the terms of the note, free of any disability of minority. (3) Cosigner The Secretary may accept the personal liability of a cosigner of a promissory note for a loan under this subsection, in addition to the personal liability of the youth borrower. (4) Youth enterprises not farming The operation of an enterprise by a youth under this subsection shall not be considered the operation of a farm under this subtitle. (5) Relation to other loan programs Notwithstanding any other provision of law, if a borrower becomes delinquent with respect to a youth loan made under this subsection, the borrower shall not become ineligible, as a result of the delinquency, to receive loans and loan guarantees from the Federal government to pay for education expenses of the borrower. (e) Pilot loan program To support healthy foods for the hungry (1) Definition of gleaner In this subsection, the term gleaner means an entity that— (A) collects edible, surplus food that would be thrown away and distributes the food to agencies or nonprofit organizations that feed the hungry; or (B) harvests for free distribution to the needy, or for donation to agencies or nonprofit organizations for ultimate distribution to the needy, an agricultural crop that has been donated by the owner of the crop. (2) Program Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish, within the operating loan program established under this chapter, a pilot program under which the Secretary makes loans available to eligible entities to assist the entities in providing food to the hungry. (3) Eligibility In addition to any other person eligible under the terms and conditions of the operating loan program established under this chapter, gleaners shall be eligible to receive loans under this subsection. (4) Loan amount (A) In general Each loan issued under the program shall be in an amount of not less than $500 and not more than $5,000. (B) Redistribution If the eligible recipients in a State do not use the full allocation of loans that are available to eligible recipients in the State under this subsection, the Secretary may use any unused amounts to make loans available to eligible entities in other States in accordance with this subsection. (5) Loan processing (A) In general The Secretary shall process any loan application submitted under the program not later than 30 days after the date on which the application was submitted. (B) Expediting applications The Secretary shall take any measure the Secretary determines necessary to expedite any application submitted under the program. (6) Paperwork reduction The Secretary shall take measures to reduce any paperwork requirements for loans under the program. (7) Program integrity The Secretary shall take such actions as are necessary to ensure the integrity of the program established under this subsection. (8) Maximum amount Of funds that are made available to carry out this chapter, the Secretary shall use to carry out this subsection a total amount of not more than $500,000. (9) Report Not later than 180 days after the maximum amount of funds are used to carry out this subsection under paragraph (8), the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the pilot program and the feasibility of expanding the program. 3202. Purposes of loans (a) Direct loans A direct loan may be made under this chapter only— (1) to pay the costs incident to reorganizing a farm for more profitable operation; (2) to purchase livestock, poultry, or farm equipment; (3) to purchase feed, seed, fertilizer, insecticide, or farm supplies, or to meet other essential farm operating expenses, including cash rent; (4) to finance land or water development, use, or conservation; (5) to pay loan closing costs; (6) to assist a farmer in changing the equipment, facilities, or methods of operation of a farm to comply with a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ) or a standard adopted by a State under a plan approved under section 18 of that Act ( 29 U.S.C. 667 ), if the Secretary determines that without assistance under this paragraph the farmer is likely to suffer substantial economic injury in complying with the standard; (7) to train a limited-resource borrower receiving a loan under section 3106 in maintaining records of farming operations; (8) to train a borrower under section 3419; (9) to refinance the indebtedness of a borrower, if the borrower— (A) has refinanced a loan under this chapter not more than 4 times previously; and (B) (i) is a direct loan borrower under this subtitle at the time of the refinancing and has suffered a qualifying loss because of a natural or major disaster or emergency; or (ii) is refinancing a debt obtained from a creditor other than the Secretary; (10) to provide other farm or home needs, including family subsistence; or (11) to assist a farmer in the production of a locally or regionally produced agricultural food product (as defined in section 3601(e)(11)(A)), including to qualified producers engaged in direct-to-consumer marketing, direct-to-institution marketing, or direct-to-store marketing, business, or activities that produce a value-added agricultural product (as defined in section 231(a) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(a))). (b) Guaranteed loans A loan may be guaranteed under this chapter only— (1) to pay the costs incident to reorganizing a farm for more profitable operation; (2) to purchase livestock, poultry, or farm equipment; (3) to purchase feed, seed, fertilizer, insecticide, or farm supplies, or to meet other essential farm operating expenses, including cash rent; (4) to finance land or water development, use, or conservation; (5) to refinance indebtedness; (6) to pay loan closing costs; (7) to assist a farmer in changing the equipment, facilities, or methods of operation of a farm to comply with a standard promulgated under section 6 of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655 ) or a standard adopted by a State under a plan approved under section 18 of that Act ( 29 U.S.C. 667 ), if the Secretary determines that without assistance under this paragraph the farmer is likely to suffer substantial economic injury due to compliance with the standard; (8) to train a borrower under section 3419; or (9) to provide other farm or home needs, including family subsistence. (c) Hazard insurance requirement The Secretary may not make a loan to a farmer under this chapter unless the farmer has, or agrees to obtain, hazard insurance on the property to be acquired with the loan. (d) Private reserve (1) In general Notwithstanding any other provision of this title, the Secretary may reserve a portion of any loan made under this chapter to be placed in an unsupervised bank account that may be used at the discretion of the borrower for the basic family needs of the borrower and the immediate family of the borrower. (2) Limit on size of the reserve The size of the reserve shall not exceed the lesser of— (A) 10 percent of the loan; (B) $5,000; or (C) the amount needed to provide for the basic family needs of the borrower and the immediate family of the borrower for 3 calendar months. (e) Loans to local and regional food producers (1) Training The Secretary shall ensure that loan officers processing loans under subsection (a)(11) receive appropriate training to serve borrowers and potential borrowers engaged in local and regional food production. (2) Valuation (A) In general The Secretary shall develop ways to determine unit prices (or other appropriate forms of valuation) for crops and other agricultural products, the end use of which is intended to be in locally or regionally produced agricultural food products, to facilitate lending to local and regional food producers. (B) Price history The Secretary shall implement a mechanism for local and regional food producers to establish price history for the crops and other agricultural products produced by local and regional food producers. (3) Outreach The Secretary shall develop and implement an outreach strategy to engage and provide loan services to local and regional food producers. 3203. Restrictions on loans (a) Requirements (1) In general The Secretary may not make or guarantee a loan under this chapter— (A) that would cause the total principal indebtedness outstanding at any 1 time for loans made under this chapter to any 1 borrower to exceed— (i) (I) in the case of a loan made by the Secretary, $300,000; or (II) in the case of a loan guaranteed by the Secretary, $700,000 (as modified under paragraph (2)); or (B) for the purchasing or leasing of land other than for cash rent, or for carrying on a land leasing or land purchasing program. (2) Modification The amount specified in paragraph (1)(A)(ii) shall be— (A) increased, beginning with fiscal year 2000, by the inflation percentage applicable to the fiscal year in which the loan is guaranteed; and (B) reduced by the unpaid indebtedness of the borrower on loans under sections specified in section 3104 that are guaranteed by the Secretary. (b) Inflation percentage For purposes of this section, the inflation percentage applicable to a fiscal year is the percentage (if any) by which— (1) the average of the Prices Paid By Farmers Index (as compiled by the National Agricultural Statistics Service of the Department) for the 12-month period ending on August 31 of the immediately preceding fiscal year; exceeds (2) the average of that index (as so defined) for the 12-month period ending on August 31, 1996. 3204. Terms of loans (a) Personal liability A borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the Secretary may prescribe. (b) Interest rates (1) Maximum rate (A) In general Except as provided in paragraphs (2) and (3), the interest rate on a loan made under this chapter (other than a guaranteed loan) shall be determined by the Secretary at a rate not to exceed the sum obtained by adding— (i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and (ii) an additional charge not to exceed 1 percent, as determined by the Secretary. (B) Adjustment The sum obtained under subparagraph (A) shall be adjusted to the nearest 1/8 of 1 percent. (2) Guaranteed loan The interest rate on a guaranteed loan made under this chapter shall be such rate as may be agreed on by the borrower and the lender, but may not exceed any rate prescribed by the Secretary. (3) Low-income loan The interest rate on a direct loan made under this chapter to a low-income, limited-resource borrower shall be determined by the Secretary at a rate that is not— (A) greater than the sum obtained by adding— (i) an amount that does not exceed 1/2 of the current average market yield on outstanding marketable obligations of the United States with a maturity of 5 years; and (ii) an amount not to exceed 1 percent per year, as the Secretary determines is appropriate; or (B) less than 5 percent per year. (c) Period for repayment The period for repayment of a loan made under this chapter may not exceed 7 years. (d) Line-of-Credit loans (1) In general A loan made or guaranteed by the Secretary under this chapter may be in the form of a line-of-credit loan. (2) Term A line-of-credit loan under paragraph (1) shall terminate not later than 5 years after the date that the loan is made or guaranteed. (3) Eligibility For purposes of determining eligibility for an operating loan under this chapter, each year during which a farmer takes an advance or draws on a line-of-credit loan the farmer shall be considered as having received an operating loan for 1 year. (4) Termination of delinquent loans If a borrower does not pay an installment on a line-of-credit loan on schedule, the borrower may not take an advance or draw on the line-of-credit, unless the Secretary determines that— (A) the failure of the borrower to pay on schedule was due to unusual conditions that the borrower could not control; and (B) the borrower will reduce the line-of-credit balance to the scheduled level at the end of— (i) the production cycle; or (ii) the marketing of the agricultural products of the borrower. (5) Agricultural commodities A line-of-credit loan may be used to finance the production or marketing of an agricultural commodity that is eligible for a price support program of the Department. 3 Emergency loans 3301. Emergency loans (a) In general The Secretary shall make or guarantee an emergency loan under this chapter to an eligible farmer (including a commercial fisherman) only to the extent and in such amounts as provided in advance in appropriation Acts. (b) Eligibility An established farmer shall be eligible under subsection (a) only— (1) if the farmer or an individual holding a majority interest in the farmer— (A) is a citizen of the United States; and (B) has experience and resources that the Secretary determines are sufficient to ensure a reasonable prospect of success in the farming operation proposed by the farmer; (2) in the case of a farmer that is an individual, if the farmer is— (A) in the case of a loan for a purpose under chapter 1, an owner, operator, or lessee-operator described in section 3101(b)(2); and (B) in the case of a loan for a purpose under chapter 2, an operator of a farm that is not larger than a family farm; (3) in the case of a farmer that is a cooperative, corporation, partnership, trust, limited liability company, joint operation, or such other legal entity as the Secretary determines to be appropriate, with respect to the entity and each farm in which the entity has an ownership or operator interest— (A) if— (i) a majority interest is held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) at least 1 of the individuals is or will be the operator of the farm; and (iii) the farm is not larger than a family farm; (B) if— (i) all of the individuals who are or propose to become owners or operators of a farm are related by blood or marriage; (ii) all of the individuals are or propose to become operators of the farm; and (iii) each of the interests of the individuals separately constitutes not larger than a family farm even if the ownership interests of the individuals collectively constitute larger than a family farm; or (C) if— (i) the entire interest is not held by individuals who are related by blood or marriage, as defined by the Secretary; (ii) all of the individuals are or propose to become farm operators; and (iii) the farm is not larger than a family farm; (4) if the entity is owned, in whole or in part, by 1 or more other entities and each individual who is an owner of the family farm involved has a direct or indirect ownership interest in each of the other entities; (5) if the farmer (or in the case of a farmer that is an entity, the 1 or more individuals that hold a majority interest in the entity) is unable to obtain credit elsewhere; and (6) (A) if the Secretary finds that the operations of the farmer have been substantially affected by— (i) a natural or major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); or (ii) a quarantine imposed by the Secretary under the Plant Protection Act ( 7 U.S.C. 7701 et seq. ) or the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ); or (B) if the farmer conducts farming operations in a county or a county contiguous to a county in which the Secretary has found that farming operations have been substantially affected by a natural or major disaster or emergency. (c) Time for accepting an application The Secretary shall accept an application for a loan under this chapter from a farmer at any time during the 8-month period beginning on the date that— (1) the Secretary determines that farming operations of the farmer have been substantially affected by— (A) a quarantine imposed by the Secretary under the Plant Protection Act ( 7 U.S.C. 7701 et seq. ) or the Animal Health Protection Act ( 7 U.S.C. 8301 et seq. ); or (B) a natural disaster; or (2) the President makes a major disaster or emergency designation with respect to the affected county of the farmer referred to in subsection (b)(5)(B). (d) Hazard insurance requirement The Secretary may not make a loan to a farmer under this chapter to cover a property loss unless the farmer had hazard insurance that insured the property at the time of the loss. (e) Family farm The Secretary shall conduct the loan program under this chapter in a manner that will foster and encourage the family farm system of agriculture, consistent with the reaffirmation of policy and declaration of the intent of Congress contained in section 102(a) of the Food and Agriculture Act of 1977 ( 7 U.S.C. 2266(a) ). 3302. Purposes of loans Subject to the limitations on the amounts of loans provided in section 3303(a), a loan may be made or guaranteed under this chapter for— (1) any purpose authorized for a loan under chapter 1 or 2; and (2) crop or livestock purposes that are— (A) necessitated by a quarantine, natural disaster, major disaster, or emergency; and (B) considered desirable by the farmer. 3303. Terms of loans (a) Maximum amount of loan The Secretary may not make or guarantee a loan under this chapter to a borrower who has suffered a loss in an amount that— (1) exceeds the actual loss caused by a disaster; or (2) would cause the total indebtedness of the borrower under this chapter to exceed $500,000. (b) Interest rates Any portion of a loan under this chapter up to the amount of the actual loss suffered by a farmer caused by a disaster shall be at a rate prescribed by the Secretary, but not in excess of 8 percent per annum. (c) Interest subsidies for guaranteed loans In the case of a guaranteed loan under this chapter, the Secretary may pay an interest subsidy to the lender for any portion of the loan up to the amount of the actual loss suffered by a farmer caused by a disaster. (d) Time for repayment (1) In general Subject to paragraph (2), a loan under this chapter shall be repayable at such times as the Secretary may determine, considering the purpose of the loan and the nature and effect of the disaster, but not later than the maximum repayment period allowed for a loan for a similar purpose under chapters 1 and 2. (2) Extended repayment period The Secretary may, if the loan is for a purpose described in chapter 2 and the Secretary determines that the need of the loan applicant justifies the longer repayment period, make the loan repayable at the end of a period of more than 7 years, but not more than 20 years. (e) Security for loan (1) In general A borrower of a loan made under this chapter shall secure the loan with the full personal liability of the borrower and such other security as the Secretary may prescribe. (2) Adequate security Subject to paragraph (3), the Secretary may not make or guarantee a loan under this chapter unless the security for the loan is adequate to ensure repayment of the loan. (3) Inadequate security due to disaster If adequate security for a loan under this chapter is not available because of a disaster, the Secretary shall accept as security any collateral that is available if the Secretary is confident that the collateral and the repayment ability of the farmer are adequate security for the loan. (4) Valuation of farm assets If a farm asset (including land, livestock, or equipment) is used as collateral to secure a loan applied for under this chapter and the governor of the State in which the farm is located requests assistance under this chapter or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) for the portion of the State in which the asset is located, the Secretary shall establish the value of the asset as of the day before the occurrence of the natural or major disaster or emergency. (f) Review of loan (1) In general In the case of a loan made, but not guaranteed, under section 3301, the Secretary shall review the loan 3 years after the loan is made, and every 2 years thereafter for the term of the loan. (2) Termination of Federal assistance If, based on a review under paragraph (1), the Secretary determines that the borrower is able to obtain a loan from a non-Federal source at reasonable rates and terms, the borrower shall, on request by the Secretary, apply for, and accept, a non-Federal loan in a sufficient amount to repay the Secretary. 3304. Production losses (a) In general The Secretary shall make or guarantee a loan under this chapter to an eligible farmer for production losses if a single enterprise that constitutes a basic part of the farming operation of the farmer has sustained at least a 30 percent loss in normal per acre or per animal production, or such lesser percentage as the Secretary may determine, as a result of a disaster. (b) Basis for percentage A percentage loss under subsection (a) shall be based on the average monthly price in effect for the previous crop or calendar year, as appropriate. (c) Amount of loan A loan under subsection (a) shall be in an amount that is equal to 80 percent, or such greater percentage as the Secretary may determine, of the total calculated actual production loss sustained by the farmer. 4 General farmer loan provisions 3401. Agricultural Credit Insurance Fund The fund established pursuant to section 11(a) of the Bankhead-Jones Farm Tenant Act (60 Stat. 1075, chapter 964) shall be known as the Agricultural Credit Insurance Fund (referred to in this section as the Fund , unless the context otherwise requires) for the discharge of the obligations of the Secretary under agreements insuring loans under this subtitle and loans and mortgages insured under prior authority. 3402. Guaranteed farmer loans (a) In general The Secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any Federal or State chartered bank, savings and loan association, cooperative lending agency, or other legally organized lending agency. (b) Interest rate The interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender, but shall not exceed the average interest rate charged by the lender on loans made to farm borrowers. (c) Fees In the case of a loan guarantee on a loan made by a commercial or cooperative lender related to a loan made by the Secretary under section 3107— (1) the Secretary shall not charge a fee to any person (including a lender); and (2) a lender may charge a loan origination and servicing fee in an amount not to exceed 1 percent of the amount of the loan. (d) Maximum guarantee of 90 percent Except as provided in subsections (e) and (f), a loan guarantee under this subtitle shall be for not more than 90 percent of the principal and interest due on the loan. (e) Refinanced loans guaranteed at 95 percent The Secretary shall guarantee 95 percent of— (1) in the case of a loan that solely refinances a direct loan made under this subtitle, the principal and interest due on the loan on the date of the refinancing; or (2) in the case of a loan that is used for multiple purposes, the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date the loan is guaranteed. (f) Beginning farmer loans guaranteed up to 95 percent The Secretary may guarantee not more than 95 percent of— (1) a farm ownership loan for acquiring a farm to a borrower who is participating in the downpayment loan program under section 3107; or (2) an operating loan to a borrower who is participating in the downpayment loan program under section 3107 that is made during the period that the borrower has a direct loan outstanding under chapter 1 for acquiring a farm. (g) Guarantee of loans made under State beginning farmer programs The Secretary may guarantee under this subtitle a loan made under a State beginning farmer program, including a loan financed by the net proceeds of a qualified small issue agricultural bond for land or property described in section 144(a)(12)(B)(ii) of the Internal Revenue Code of 1986. (h) Partial liquidations If a partial liquidation of a delinquent loan is performed (with the prior consent of the Secretary) as part of loan servicing by a guaranteed lender under this subtitle, the Secretary shall not require full liquidation of the loan for the lender to be eligible to receive payment on losses. 3403. Provision of information to borrowers (a) Approval notification The Secretary shall approve or disapprove an application for a loan or loan guarantee made under this subtitle, and notify the applicant of such action, not later than 60 days after the date on which the Secretary has received a complete application for the loan or loan guarantee. (b) List of lenders The Secretary shall make available to any farmer, on request, a list of lenders in the area that participate in guaranteed farmer program loan programs established under this subtitle, and other lenders in the area that express a desire to participate in the programs and that request inclusion on the list. (c) Other information (1) In general On the request of a borrower, the Secretary shall make available to the borrower— (A) a copy of each document signed by the borrower; (B) a copy of each appraisal performed with respect to the loan; and (C) any document that the Secretary is required to provide to the borrower under any law in effect on the date of the request. (2) Rule of construction Paragraph (1) shall not supersede any duty imposed on the Secretary by a law in effect on January 5, 1988, unless the duty directly conflicts with a duty under paragraph (1). 3404. Notice of loan service programs (a) Requirement The Secretary shall provide notice by certified mail to each borrower who is at least 90 days past due on the payment of principal or interest on a loan made under this subtitle. (b) Contents The notice required under subsection (a) shall— (1) include a summary of all primary loan service programs, homestead retention programs, debt settlement programs, and appeal procedures, including the eligibility criteria, and terms and conditions of the programs and procedures; (2) include a summary of the manner in which the borrower may apply, and be considered, for all such programs, except that the Secretary shall not require the borrower to select among the programs or waive any right to be considered for any program carried out by the Secretary; (3) advise the borrower regarding all filing requirements and any deadlines that must be met for requesting loan servicing; (4) provide any relevant forms, including applicable response forms; (5) advise the borrower that a copy of regulations is available on request; and (6) be designed to be readable and understandable by the borrower. (c) Contained in regulations All notices required by this section shall be contained in the regulations issued to carry out this subtitle. (d) Timing The notice described in subsection (b) shall be provided— (1) at the time an application is made for participation in a loan service program; (2) on written request of the borrower; and (3) before the earliest of the date of— (A) initiating any liquidation; (B) requesting the conveyance of security property; (C) accelerating the loan; (D) repossessing property; (E) foreclosing on property; or (F) taking any other collection action. (e) Consideration of borrowers for loan service programs (1) In general The Secretary shall consider a farmer program loan borrower for all loan service programs if, not later than 60 days after receipt of the notice described in subsection (b), the borrower requests the consideration in writing. (2) Priority In considering a borrower for a loan service program, the Secretary shall place the highest priority on the preservation of the farming operations of the borrower. 3405. Planting and production history guidelines (a) In general The Secretary shall ensure that appropriate procedures, including, to the extent practicable, onsite inspections, or use of county or State yield averages, are used in calculating future yields for an applicant for a loan, when an accurate projection cannot be made because the past production history of the farmer has been affected by a natural or major disaster or emergency. (b) Calculation of yields (1) In general For the purpose of averaging the past yields of the farm of a farmer over a period of crop years to calculate the future yield of the farm under this subtitle, the Secretary shall permit the farmer to exclude the crop year with the lowest actual or county average yield for the farm from the calculation, if the farmer was affected by a natural or major disaster or emergency during at least 2 of the crop years during the period. (2) Affected by a natural or major disaster or emergency A farmer was affected by a natural or major disaster or emergency under paragraph (1) if the Secretary finds that the farming operations of the farmer have been substantially affected by a natural or major disaster or emergency, including a farmer who has a qualifying loss but is not located in a designated or declared disaster area. (3) Application of subsection This subsection shall apply to any action taken by the Secretary that involves— (A) a loan under chapter 1 or 2; and (B) the yield of a farm of a farmer, including making a loan or loan guarantee, servicing a loan, or making a credit sale. 3406. Special conditions and limitations on loans (a) Applicant requirements In connection with a loan made or guaranteed under this subtitle, the Secretary shall require— (1) the applicant— (A) to certify in writing that, and the Secretary shall determine whether, the applicant is unable to obtain credit elsewhere; and (B) to furnish an appropriate written financial statement; (2) except for a guaranteed loan, an agreement by the borrower that if at any time it appears to the Secretary that the borrower may be able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source (or, in the case of a borrower under section 3106, the borrower may be able to obtain a loan under section 3101), at reasonable rates and terms for loans for similar purposes and periods of time, the borrower will, on request by the Secretary, apply for and accept the loan in a sufficient amount to repay the Secretary or the insured lender, or both, and to pay for any stock necessary to be purchased in a cooperative lending agency in connection with the loan; (3) such provision for supervision of the operations of the borrower as the Secretary shall consider necessary to achieve the objectives of the loan and protect the interests of the United States; and (4) the application of a person who is a veteran for a loan under chapter 1 or 2 to be given preference over a similar application from a person who is not a veteran if the applications are on file in a county or area office at the same time. (b) Agency processing requirements (1) Notifications (A) Incomplete application notification If an application for a loan or loan guarantee under this subtitle (other than an operating loan or loan guarantee) is incomplete, the Secretary shall inform the applicant of the reasons the application is incomplete not later than 20 days after the date on which the Secretary has received the application. (B) Operating loans (i) Additional information needed Not later than 10 calendar days after the Secretary receives an application for an operating loan or loan guarantee, the Secretary shall notify the applicant of any information required before a decision may be made on the application. (ii) Information not received If, not later than 20 calendar days after the date a request is made pursuant to clause (i) with respect to an application, the Secretary has not received the information requested, the Secretary shall notify the applicant and the district office of the Farm Service Agency, in writing, of the outstanding information. (C) Request information (i) In general On receipt of an application, the Secretary shall request from other parties such information as may be needed in connection with the application. (ii) Information from an agency of the Department Not later than 15 calendar days after the date on which an agency of the Department receives a request for information made pursuant to subparagraph (A), the agency shall provide the Secretary with the requested information. (2) Report of pending applications (A) In general A county office shall notify the district office of the Farm Service Agency of each application for an operating loan or loan guarantee that is pending more than 45 days after receipt, and the reasons for which the application is pending. (B) Action on pending applications A district office that receives a notice provided under subparagraph (A) with respect to an application shall immediately take steps to ensure that final action is taken on the application not later than 15 days after the date of the receipt of the notice. (C) Pending application report The district office shall report to the State office of the Farm Service Agency on each application for an operating loan or loan guarantee that is pending more than 45 days after receipt, and the reasons for which the application is pending. (D) Report to Congress Each month, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, on a State-by-State basis, as to each application for an operating loan or loan guarantee on which final action had not been taken within 60 calendar days after receipt by the Secretary, and the reasons for which final action had not been taken. (3) Disapprovals (A) In general If an application for a loan or loan guarantee under this subtitle is disapproved by the Secretary, the Secretary shall state the reasons for the disapproval in the notice required under paragraph (1). (B) Disapproval due to lack of funds (i) In general Notwithstanding paragraph (1), each application for a loan or loan guarantee under section 3601(e), or for a loan under section 3501(a) or 3502(a), that is to be disapproved by the Secretary solely because the Secretary lacks the funds necessary to make the loan or guarantee shall not be disapproved but shall be placed in pending status. (ii) Reconsideration The Secretary shall retain each pending application and reconsider the application beginning on the date that sufficient funds become available. (iii) Notification Not later than 60 days after funds become available regarding each pending application, the Secretary shall notify the applicant of the approval or disapproval of funding for the application. (4) Approvals on appeal If an application for a loan or loan guarantee under this subtitle is disapproved by the Secretary, but that action is subsequently reversed or revised as the result of an appeal within the Department or to the courts of the United States and the application is returned to the Secretary for further consideration, the Secretary shall act on the application and provide the applicant with notice of the action not later than 15 days after the date of return of the application to the Secretary. (5) Provision of proceeds (A) In general Except as provided in subparagraph (B), if an application for a guaranteed loan under this subtitle is approved by the Secretary, the Secretary shall provide the loan proceeds to the applicant not later than 15 days (or such longer period as the applicant may approve) after the application for the loan is approved by the Secretary. (B) Lack of funds If the Secretary is unable to provide the loan proceeds to the applicant during the 15-day period described in subparagraph (A) because sufficient funds are not available to the Secretary for that purpose, the Secretary shall provide the loan proceeds to the applicant as soon as practicable (but in no event later than 15 days unless the applicant agrees to a longer period) after sufficient funds for that purpose become available to the Secretary. 3407. Graduation of borrowers (a) Graduation of Seasoned Direct Loan Borrowers to the Loan Guarantee Program (1) Review of loans (A) In general The Secretary, or a contracting third party, shall annually review under section 3420 the loans of each seasoned direct loan borrower. (B) Assistance If, based on the review, it is determined that a borrower would be able to obtain a loan, guaranteed by the Secretary, from a commercial or cooperative lender at reasonable rates and terms for loans for similar purposes and periods of time, the Secretary shall assist the borrower in applying for the commercial or cooperative loan. (2) Prospectus (A) In general In accordance with section 3422, the Secretary shall prepare a prospectus on each seasoned direct loan borrower determined eligible to obtain a guaranteed loan. (B) Requirements The prospectus shall contain a description of the amounts of the loan guarantee and interest assistance that the Secretary will provide to the seasoned direct loan borrower to enable the seasoned direct loan borrower to carry out a financially viable farming plan if a guaranteed loan is made. (3) Verification (A) In general The Secretary shall provide a prospectus of a seasoned direct loan borrower to each approved lender whose lending area includes the location of the seasoned direct loan borrower. (B) Notification The Secretary shall notify each borrower of a loan that a prospectus has been provided to a lender under subparagraph (A). (C) Credit extended If the Secretary receives an offer from an approved lender to extend credit to the seasoned direct loan borrower under terms and conditions contained in the prospectus, the seasoned direct loan borrower shall not be eligible for a loan from the Secretary under chapter 1 or 2, except as otherwise provided in this section. (4) Insufficient assistance or offers If the Secretary is unable to provide loan guarantees and, if necessary, interest assistance to the seasoned direct loan borrower under this section in amounts sufficient to enable the seasoned direct loan borrower to borrow from commercial sources the amount required to carry out a financially viable farming plan, or if the Secretary does not receive an offer from an approved lender to extend credit to a seasoned direct loan borrower under the terms and conditions contained in the prospectus, the Secretary shall make a loan to the seasoned direct loan borrower under chapter 1 or 2, whichever is applicable. (5) Interest rate reductions To the extent necessary for the borrower to obtain a loan, guaranteed by the Secretary, from a commercial or cooperative lender, the Secretary shall provide interest rate reductions as provided for under section 3413. (b) Transition to private commercial or other sources of credit (1) In general In making an operating or ownership loan, the Secretary shall establish a plan and promulgate regulations (including performance criteria) that promote the goal of transitioning borrowers to private commercial credit and other sources of credit in the shortest period of time practicable. (2) Coordination In carrying out this section, the Secretary shall integrate and coordinate the transition policy described in subsection (a) with— (A) the borrower training program established by section 3419; (B) the loan assessment process established by section 3420; (C) the supervised credit requirement established by section 3421; (D) the market placement program established by section 3422; and (E) other appropriate programs and authorities, as determined by the Secretary. (c) Graduation of borrowers with operating loans or guarantees to private commercial credit The Secretary shall establish a plan, in coordination with activities under sections 3419 through 3422, to encourage each borrower with an outstanding loan under this chapter, or with respect to whom there is an outstanding guarantee under this chapter, to graduate to private commercial or other sources of credit. 3408. Debt adjustment and credit counseling In carrying out this subtitle, the Secretary may— (1) provide voluntary debt adjustment assistance between— (A) farmers; and (B) the creditors of the farmers; (2) cooperate with State, territorial, and local agencies and committees engaged in the debt adjustment; and (3) give credit counseling. 3409. Security servicing (a) Sale of property (1) In general Subject to this subsection and subsection (e)(1), the Secretary shall offer to sell real property that is acquired by the Secretary under this subtitle using the following order and method of sale: (A) Advertisement Not later than 15 days after acquiring real property, the Secretary shall publicly advertise the property for sale. (B) Qualified beginning farmer (i) In general Not later than 135 days after acquiring real property, the Secretary shall offer to sell the property to a qualified beginning farmer or a socially disadvantaged farmer at current market value based on a current appraisal. (ii) Random selection If more than 1 qualified beginning farmer or socially disadvantaged farmer offers to purchase the property, the Secretary shall select between the qualified applicants on a random basis. (iii) Appeal of random selection A random selection or denial by the Secretary of a qualified beginning farmer or a socially disadvantaged farmer for farm inventory property under this subparagraph shall be final and not administratively appealable. (C) Public sale If no acceptable offer is received from a qualified beginning farmer or a socially disadvantaged farmer under subparagraph (B) not later than 135 days after acquiring the real property, the Secretary shall, not later than 30 days after the 135-day period, sell the property after public notice at a public sale, and, if no acceptable bid is received, by negotiated sale, at the best price obtainable. (2) Interest (A) In general Subject to subparagraph (B), any conveyance of real property under this subsection shall include all of the interest of the United States in the property, including mineral rights. (B) Conservation The Secretary may for conservation purposes grant or sell an easement, restriction, development right, or similar legal right to real property to a State, a political subdivision of a State, or a private nonprofit organization separately from the underlying fee or other rights to the property owned by the United States. (3) Other law Subtitle I of title 40, United States Code, and title III of the Federal Property and Administrative Services Act of 1949 ( 41 U.S.C. 251 et seq. ) shall not apply to any exercise of authority under this subtitle. (4) Lease of property (A) In general Subject to subparagraph (B), the Secretary may not lease any real property acquired under this subtitle. (B) Exception (i) Qualified beginning farmer or socially disadvantaged farmer The Secretary may lease or contract to sell to a qualified beginning farmer or a socially disadvantaged farmer a farm acquired by the Secretary under this subtitle if the qualified beginning farmer qualifies for a credit sale or direct farm ownership loan under chapter 1 but credit sale authority for loans or direct farm ownership loan funds, respectively, are not available. (ii) Term The term of a lease or contract to sell to a qualified beginning farmer or a socially disadvantaged farmer under clause (i) shall be until the earlier of— (I) the date that is 18 months after the date of the lease or sale; or (II) the date that direct farm ownership loan funds or credit sale authority for loans becomes available to the qualified beginning farmer or socially disadvantaged farmer. (iii) Income-producing capability In determining the rental rate on real property leased under this subparagraph, the Secretary shall consider the income-producing capability of the property during the term that the property is leased. (5) Expedited determination (A) In general On the request of an applicant, not later than 30 days after denial of the application, the appropriate State director shall provide an expedited review and determination of whether the applicant is a qualified beginning farmer or a socially disadvantaged farmer for the purpose of acquiring farm inventory property. (B) Appeal The determination of a State Director under subparagraph (A) shall be final and not administratively appealable. (C) Effects of determinations (i) In general The Secretary shall maintain statistical data on the number and results of determinations made under subparagraph (A) and the effect of the determinations on— (I) selling farm inventory property to qualified beginning farmers or socially disadvantaged farmers; and (II) disposing of real property in inventory. (ii) Notification The Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate if the Secretary determines that the review process under subparagraph (A) is adversely affecting the selling of farm inventory property to qualified beginning farmers or socially disadvantaged farmers or the disposing of real property in inventory. (b) Road and utility easements and condemnations In the case of any real property administered under this subtitle, the Secretary may grant or sell easements or rights-of-way for roads, utilities, and other appurtenances that are not inconsistent with the public interest. (c) Sale or lease of farmland (1) Disposition of real property on Indian reservations (A) Definition of Indian reservation In this paragraph, the term Indian reservation means— (i) all land located within the limits of any Indian reservation under the jurisdiction of the United States, notwithstanding the issuance of any patent, and, including any right-of-way running through the reservation; (ii) trust or restricted land located within the boundaries of a former reservation of an Indian tribe in the State of Oklahoma; or (iii) all Indian allotments the Indian titles to which have not been extinguished if the allotments are subject to the jurisdiction of an Indian tribe. (B) Disposition Except as provided in paragraph (3), the Secretary shall dispose of or administer the property as provided in this paragraph when— (i) the Secretary acquires property under this subtitle that is located within an Indian reservation; and (ii) the borrower-owner is the Indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of the Indian tribe; (C) Priority Not later than 90 days after acquiring the property, the Secretary shall afford an opportunity to purchase or lease the real property in accordance with the order of priority established under subparagraph (D) to the Indian tribe having jurisdiction over the Indian reservation within which the real property is located or, if no order of priority is established by the Indian tribe under subparagraph (D), in the following order: (i) An Indian member of the Indian tribe that has jurisdiction over the reservation within which the real property is located. (ii) An Indian corporate entity. (iii) The Indian tribe. (D) Revision of priority and restriction of eligibility The governing body of any Indian tribe having jurisdiction over an Indian reservation may revise the order of priority provided in subparagraph (C) under which land located within the reservation shall be offered for purchase or lease by the Secretary under subparagraph (C) and may restrict the eligibility for the purchase or lease to— (i) persons who are members of the Indian tribe; (ii) Indian corporate entities that are authorized by the Indian tribe to lease or purchase land within the boundaries of the reservation; or (iii) the Indian tribe itself. (E) Transfer of property to secretary of the interior (i) In general If real property described in subparagraph (B) is not purchased or leased under subparagraph (C) and the Indian tribe having jurisdiction over the reservation within which the real property is located is unable to purchase or lease the real property, the Secretary shall transfer the real property to the Secretary of the Interior who shall administer the real property as if the real property were held in trust by the United States for the benefit of the Indian tribe. (ii) Use of rental income From the rental income derived from the lease of the transferred real property, and all other income generated from the transferred real property, the Secretary of the Interior shall pay the State, county, municipal, or other local taxes to which the transferred real property was subject at the time of acquisition by the Secretary, until the earlier of— (I) the expiration of the 4-year period beginning on the date on which the real property is so transferred; or (II) such time as the land is transferred into trust pursuant to subparagraph (H). (F) Responsibilities of secretaries If any real property is transferred to the Secretary of the Interior under subparagraph (E)— (i) the Secretary of Agriculture shall have no further responsibility under this subtitle for— (I) collection of any amounts with regard to the farm program loan that had been secured by the real property; (II) any lien arising out of the loan transaction; or (III) repayment of any amount with regard to the loan transaction or lien to the Treasury of the United States; and (ii) the Secretary of the Interior shall succeed to all right, title, and interest of the Secretary of Agriculture in the real estate arising from the farm program loan transaction, including the obligation to remit to the Treasury of the United States, in repayment of the original loan, the amounts provided in subparagraph (G). (G) Use of income After the payment of any taxes that are required to be paid under subparagraph (E)(ii), all remaining rental income derived from the lease of the real property transferred to the Secretary of the Interior under subparagraph (E)(i), and all other income generated from the real property transferred to the Secretary of the Interior under that subparagraph, shall be deposited as miscellaneous receipts in the Treasury of the United States until the amount deposited is equal to the lesser of— (i) the amount of the outstanding lien of the United States against the real property, as of the date the real property was acquired by the Secretary; (ii) the fair market value of the real property, as of the date of the transfer to the Secretary of the Interior; or (iii) the capitalized value of the real property, as of the date of the transfer to the Secretary of the Interior. (H) Holding of title in trust If the total amount that is required to be deposited under subparagraph (G) with respect to any real property has been deposited into the Treasury of the United States, title to the real property shall be held in trust by the United States for the benefit of the Indian tribe having jurisdiction over the Indian reservation within which the real property is located. (I) Payment of remaining lien or fair market value of property (i) In general Notwithstanding any other subparagraph of this paragraph, the Indian tribe having jurisdiction over the Indian reservation within which the real property described in subparagraph (B) is located may, at any time after the real property has been transferred to the Secretary of the Interior under subparagraph (E), offer to pay the remaining amount on the lien or the fair market value of the real property, whichever is less. (ii) Effect of payment On payment of the amount, title to the real property shall be held by the United States in trust for the tribe and the trust or restricted land that has been acquired by the Secretary under foreclosure or voluntary transfer under a loan made or insured under this subtitle and transferred to an Indian person, entity, or tribe under this paragraph shall be considered to have never lost trust or restricted status. (J) Applicability (i) In general This paragraph shall apply to all land in the land inventory established under this subtitle (as of November 28, 1990) that was (immediately prior to the date) owned by an Indian borrower-owner described in subparagraph (B) and that is situated within an Indian reservation, regardless of the date of foreclosure or acquisition by the Secretary. (ii) Opportunity to purchase or lease The Secretary shall afford an opportunity to an Indian person, entity, or tribe to purchase or lease the real property as provided in subparagraph (C). (iii) Transfer If the right is not exercised or no expression of intent to exercise the right is received within 180 days after November 28, 1990, the Secretary shall transfer the real property to the Secretary of the Interior as provided in subparagraph (E). (2) Additional rights The rights provided in this subsection shall be in addition to any right of first refusal under the law of the State in which the property is located. (3) Disposition of real property on indian reservations after procedures exhausted (A) In general The Secretary shall dispose of or administer real property described in paragraph (1)(B) only as provided in paragraph (1), as modified by this paragraph, if— (i) the real property described in paragraph (1)(B) is located within an Indian reservation; (ii) the borrower-owner is an Indian tribe that has jurisdiction over the reservation in which the real property is located or the borrower-owner is a member of an Indian tribe; (iii) the borrower-owner has obtained a loan made or guaranteed under this subtitle; and (iv) the borrower-owner and the Secretary have exhausted all of the procedures provided for in this subtitle to permit a borrower-owner to retain title to the real property, so that it is necessary for the borrower-owner to relinquish title. (B) Notice of right to convey property The Secretary shall provide the borrower-owner of real property that is described in subparagraph (A) with written notice of— (i) the right of the borrower-owner to voluntarily convey the real property to the Secretary; and (ii) the fact that real property so conveyed will be placed in the inventory of the Secretary. (C) Notice of rights and protections The Secretary shall provide the borrower-owner of the real property with written notice of the rights and protections provided under this subtitle to the borrower-owner, and the Indian tribe that has jurisdiction over the reservation in which the real property is located, from foreclosure or liquidation of the real property, including written notice— (i) of paragraph (1), this paragraph, and subsection (e)(3); (ii) if the borrower-owner does not voluntarily convey the real property to the Secretary, that— (I) the Secretary may foreclose on the property; (II) in the event of foreclosure, the property will be offered for sale; (III) the Secretary shall offer a bid for the property that is equal to the fair market value of the property or the outstanding principal and interest of the loan, whichever is higher; (IV) the property may be purchased by another party; and (V) if the property is purchased by another party, the property will not be placed in the inventory of the Secretary and the borrower-owner will forfeit the rights and protections provided under this subtitle; and (iii) of the opportunity of the borrower-owner to consult with the Indian tribe that has jurisdiction over the reservation in which the real property is located or counsel to determine if State or tribal law provides rights and protections that are more beneficial than the rights and protections provided the borrower-owner under this subtitle. (D) Acceptance of voluntary conveyance (i) In general Except as provided in clause (ii), the Secretary shall accept the voluntary conveyance of real property described in subparagraph (A). (ii) Hazardous substances If a hazardous substance (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14))) is located on the property and the Secretary takes remedial action to protect human health or the environment if the property is taken into inventory, the Secretary shall accept the voluntary conveyance of the property only if the Secretary determines that the conveyance is in the best interests of the Federal Government. (E) Foreclosure procedures (i) Notice to borrower If an Indian borrower-owner does not voluntarily convey to the Secretary real property described in subparagraph (A), not less than 30 days before a foreclosure sale of the property, the Secretary shall provide the Indian borrower-owner with the option of— (I) requiring the Secretary to assign the loan and security instruments to the Secretary of the Interior, if the Secretary of the Interior agrees to an assignment releasing the Secretary of Agriculture from all further responsibility for collection of any amounts with regard to the loan secured by the real property; or (II) requiring the Secretary to assign the loan and security instruments to the tribe having jurisdiction over the reservation in which the real property is located, if the tribe agrees to assume the loan under the terms specified in clause (iii). (ii) Notice to tribe If an Indian borrower-owner does not voluntarily convey to the Secretary real property described in subparagraph (A), not less than 30 days before a foreclosure sale of the property, the Secretary shall provide written notice to the Indian tribe that has jurisdiction over the reservation in which the real property is located of— (I) the sale; (II) the fair market value of the property; and (III) the requirements of this paragraph. (iii) Assumed loans If an Indian tribe assumes a loan under clause (i)— (I) the Secretary shall not foreclose the loan because of any default that occurred prior to the date of the assumption; (II) the loan shall be for the lesser of the outstanding principal and interest of the loan or the fair market value of the property; and (III) the loan shall be treated as though the loan was made under Public Law 91–229 ( 25 U.S.C. 488 et seq. ). (F) Amount of bid by secretary (i) In general Except as provided in clause (ii), at a foreclosure sale of real property described in subparagraph (A), the Secretary shall offer a bid for the property that is equal to the higher of— (I) the fair market value of the property; or (II) the outstanding principal and interest on the loan. (ii) Hazardous substances If a hazardous substance (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14))) is located on the property and the Secretary takes remedial action to protect human health or the environment if the property is taken into inventory, clause (i) shall apply only if the Secretary determines that bidding is in the best interests of the Federal Government. (4) Detrimental effect on value of area farmland The Secretary shall not offer for sale or sell any farmland referred to in paragraphs (1) through (3) if placing the farmland on the market will have a detrimental effect on the value of farmland in the area. (5) Installment sales and multiple operators (A) In general The Secretary may sell farmland administered under this subtitle through an installment sale or similar device that contains such terms as the Secretary considers necessary to protect the investment of the Federal Government in the land. (B) Sale of contract The Secretary may subsequently sell any contract entered into to carry out subparagraph (A). (6) Highly erodible land In the case of farmland administered under this subtitle that is highly erodible land (as defined in section 1201 of the Food Security Act of 1985 ( 16 U.S.C. 3801 )), the Secretary may require the use of specified conservation practices on the land as a condition of the sale or lease of the land. (7) No effect on acreage allotments, marketing quotas, or acreage bases Notwithstanding any other law, compliance by the Secretary with this subsection shall not cause any acreage allotment, marketing quota, or acreage base assigned to the property to lapse, terminate, be reduced, or otherwise be adversely affected. (8) No preemption of state law If a conflict exists between any provision of this subsection and any provision of the law of any State providing a right of first refusal to the owner of farmland or the operator of a farm before the sale or lease of land to any other person, the provision of State law shall prevail. (d) Release of normal income security (1) Definition of normal income security In this subsection: (A) In general Except as provided in subparagraph (B), the term normal income security means all security not considered basic security, including crops, livestock, poultry products, Farm Service Agency payments and Commodity Credit Corporation payments, and other property covered by Farm Service Agency liens that is sold in conjunction with the operation of a farm or other business. (B) Exceptions The term normal income security does not include any equipment (including fixtures in States that have adopted the Uniform Commercial Code), or foundation herd or flock, that is— (i) the basis of the farming or other operation; and (ii) the basic security for a farmer program loan. (2) General release The Secretary shall release from the normal income security provided for a loan an amount sufficient to pay for the essential household and farm operating expenses of the borrower, until such time as the Secretary accelerates the loan. (3) Notice of reporting requirements and rights If a borrower is required to plan for or to report as to how proceeds from the sale of collateral property will be used, the Secretary shall notify the borrower of— (A) the requirement; and (B) the right to the release of funds under this subsection and the means by which a request for the funds may be made. (e) Easements on inventoried property (1) In general Subject to paragraph (2), in the disposal of real property under this section, the Secretary shall establish perpetual wetland conservation easements to protect and restore wetland or converted wetland that exists on inventoried property. (2) Limitation The Secretary shall not establish a wetland conservation easement on an inventoried property that— (A) was cropland on the date the property entered the inventory of the Secretary; or (B) was used for farming at any time during the period— (i) beginning on the date that is 5 years before the property entered the inventory of the Secretary; and (ii) ending on the date on which the property entered the inventory of the Secretary. (3) Notification The Secretary shall provide prior written notification to a borrower considering homestead retention that a wetland conservation easement may be placed on land for which the borrower is negotiating a lease option. (4) Appraised value The appraised value of the farm shall reflect the value of the land due to the placement of wetland conservation easements. 3410. Contracts on loan security properties (a) Contracts on loan security properties Subject to subsection (b), the Secretary may enter into a contract related to real property for conservation, recreation, or wildlife purposes. (b) Limitations The Secretary may enter into a contract under subsection (a) if— (1) the property is wetland, upland, or highly erodible land; (2) the property is determined by the Secretary to be suitable for the purpose involved; and (3) (A) the property secures a loan made under a law administered and held by the Secretary; and (B) the contract would better enable a qualified borrower to repay the loan in a timely manner, as determined by the Secretary. (c) Terms and conditions The terms and conditions specified in a contract under subsection (a) shall— (1) specify the purposes for which the real property may be used; (2) identify any conservation measure to be taken, and any recreational and wildlife use to be allowed, with respect to the real property; and (3) require the owner to permit the Secretary, and any person or governmental entity designated by the Secretary, to have access to the real property for the purpose of monitoring compliance with the contract. (d) Reduction or forgiveness of debt (1) In general Subject to this section, the Secretary may reduce or forgive the outstanding debt of a borrower— (A) in the case of a borrower to whom the Secretary has made an outstanding loan under a law administered by the Secretary, by canceling that part of the aggregate amount of the outstanding loan that bears the same ratio to the aggregate amount as— (i) the number of acres of the real property of the borrower that are subject to the contract; bears to (ii) the aggregate number of acres securing the loan; or (B) in any other case, by treating as prepaid that part of the principal amount of a new loan to the borrower issued and held by the Secretary under a law administered by the Secretary that bears the same ratio to the principal amount as— (i) the number of acres of the real property of the borrower that are subject to the contract; bears to (ii) the aggregate number of acres securing the new loan. (2) Maximum canceled amount The amount canceled or treated as prepaid under paragraph (1) shall not exceed— (A) in the case of a delinquent loan, the greater of— (i) the value of the land on which the contract is entered into; or (ii) the difference between— (I) the amount of the outstanding loan secured by the land; and (II) the value of the land; or (B) in the case of a nondelinquent loan, 33 percent of the amount of the loan secured by the land. (e) Consultation with fish and wildlife service If the Secretary uses the authority provided by this section, the Secretary shall consult with the Director of the Fish and Wildlife Service for the purposes of— (1) selecting real property in which the Secretary may enter into a contract under this section; (2) formulating the terms and conditions of the contract; and (3) enforcing the contract. (f) Enforcement The Secretary, and any person or governmental entity (including an agency of the Federal Government) designated by the Secretary, may enforce a contract entered into by the Secretary under this section. 3411. Debt restructuring and loan servicing (a) In general The Secretary shall modify a delinquent farmer program loan made under this subtitle, or purchased from the lender or the Federal Deposit Insurance Corporation under section 3902, to the maximum extent practicable— (1) to avoid a loss to the Secretary on the loan, with priority consideration being placed on writing-down the loan principal and interest (subject to subsections (d) and (e)), and debt set-aside (subject to subsection (e)), to facilitate keeping the borrower on the farm, or otherwise through the use of primary loan service programs under this section; and (2) to ensure that a borrower is able to continue farming operations. (b) Eligibility To be eligible to obtain assistance under subsection (a)— (1) the delinquency shall be due to a circumstance beyond the control of the borrower, as defined in regulations issued by the Secretary, except that the regulations shall require that, if the value of the assets calculated under subsection (c)(2)(A)(ii) that may be realized through liquidation or other methods would produce enough income to make the delinquent loan current, the borrower shall not be eligible for assistance under subsection (a); (2) the borrower shall have acted in good faith with the Secretary in connection with the loan as defined in regulations issued by the Secretary; (3) the borrower shall present a preliminary plan to the Secretary that contains reasonable assumptions that demonstrate that the borrower will be able— (A) to meet the necessary family living and farm operating expenses of the borrower; and (B) to service all debts of the borrower, including restructured loans; and (4) the loan, if restructured, shall result in a net recovery to the Federal Government, during the term of the loan as restructured, that would be more than or equal to the net recovery to the Federal Government from an involuntary liquidation or foreclosure on the property securing the loan. (c) Restructuring determinations (1) Determination of net recovery In determining the net recovery from the involuntary liquidation of a loan under this section, the Secretary shall calculate— (A) the recovery value of the collateral securing the loan, in accordance with paragraph (2); and (B) the value of the restructured loan, in accordance with paragraph (3). (2) Recovery value For the purpose of paragraph (1), the recovery value of the collateral securing the loan shall be based on the difference between— (A) (i) the amount of the current appraised value of the interests of the borrower in the property securing the loan; and (ii) the value of the interests of the borrower in all other assets that are— (I) not essential for necessary family living expenses; (II) not essential to the operation of the farm; and (III) not exempt from judgment creditors or in a bankruptcy action under Federal or State law; (B) the estimated administrative, attorney, and other expenses associated with the liquidation and disposition of the loan and collateral, including— (i) the payment of prior liens; (ii) taxes and assessments, depreciation, management costs, the yearly percentage decrease or increase in the value of the property, and lost interest income, each calculated for the average holding period for the type of property involved; (iii) resale expenses, such as repairs, commissions, and advertising; and (iv) other administrative and attorney costs; and (C) the value, as determined by the Secretary, of any property not included in subparagraph (A)(i) if the property is specified in any security agreement with respect to the loan and the Secretary determines that the value of the property should be included for purposes of this section. (3) Value of the restructured loan (A) In general For the purpose of paragraph (1), the value of the restructured loan shall be based on the present value of payments that the borrower would make to the Federal Government if the terms of the loan were modified under any combination of primary loan service programs to ensure that the borrower is able to meet the obligations and continue farming operations. (B) Present value For the purpose of calculating the present value referred to in subparagraph (A), the Secretary shall use a discount rate of not more than the current rate at the time of the calculation of 90-day Treasury bills. (C) Cash flow margin For the purpose of assessing under subparagraph (A) the ability of a borrower to meet debt obligations and continue farming operations, the Secretary shall assume that the borrower needs up to 110 percent of the amount indicated for payment of farm operating expenses, debt service obligations, and family living expenses. (4) Notification Not later than 90 days after receipt of a written request for restructuring from the borrower, the Secretary shall— (A) make the calculations specified in paragraphs (2) and (3); (B) notify the borrower in writing of the results of the calculations; and (C) provide documentation for the calculations. (5) Restructuring of loans (A) In general If the value of a restructured loan is greater than or equal to the recovery value of the collateral securing the loan, not later than 45 days after notifying the borrower under paragraph (4), the Secretary shall offer to restructure the loan obligations of the borrower under this subtitle through primary loan service programs that would enable the borrower to meet the obligations (as modified) under the loan and to continue the farming operations of the borrower. (B) Restructuring If the borrower accepts an offer under subparagraph (A), not later than 45 days after receipt of notice of acceptance, the Secretary shall restructure the loan accordingly. (6) Termination of loan obligations The obligations of a borrower to the Secretary under a loan shall terminate if— (A) the borrower satisfies the requirements of paragraphs (1) and (2) of subsection (b); (B) the value of the restructured loan is less than the recovery value; and (C) not later than 90 days after receipt of the notification described in paragraph (4)(B), the borrower pays (or obtains third-party financing to pay) the Secretary an amount equal to the current market value. (7) Negotiation of appraisal (A) In general In making a determination concerning restructuring under this subsection, the Secretary, at the request of the borrower, shall enter into negotiations with the borrower concerning appraisals required under this subsection. (B) Independent appraisal (i) In general If the borrower, based on a separate current appraisal, objects to the decision of the Secretary regarding an appraisal, the borrower and the Secretary shall mutually agree, to the extent practicable, on an independent appraiser who shall conduct another appraisal of the property of the borrower. (ii) Value of final appraisal The average of the 2 appraisals under clause (i) that are closest in value shall become the final appraisal under this paragraph. (iii) Cost of appraisal The borrower and the Secretary shall each pay 1/2 of the cost of any independent appraisal. (d) Principal and interest write-Down (1) In general (A) Priority consideration In selecting the restructuring alternatives to be used in the case of a borrower who has requested restructuring under this section, the Secretary shall give priority consideration to the use of a principal and interest write-down if other creditors of the borrower (other than any creditor who is fully collateralized) representing a substantial portion of the total debt of the borrower held by the creditors of the borrower, agree to participate in the development of the restructuring plan or agree to participate in a State mediation program. (B) Failure of creditors to agree Failure of creditors to agree to participate in the restructuring plan or mediation program shall not preclude the use of a principal and interest write-down by the Secretary if the Secretary determines that restructuring results in the least cost to the Secretary. (2) Participation of creditors Before eliminating the option to use debt write-down in the case of a borrower, the Secretary shall make a reasonable effort to contact the creditors of the borrower, either directly or through the borrower, and encourage the creditors to participate with the Secretary in the development of a restructuring plan for the borrower. (e) Shared appreciation arrangements (1) In general As a condition of restructuring a loan in accordance with this section, the borrower of the loan may be required to enter into a shared appreciation arrangement that requires the repayment of amounts written off or set aside. (2) Terms A shared appreciation agreement shall— (A) have a term not to exceed 10 years; and (B) provide for recapture based on the difference between the appraised values of the real security property at the time of restructuring and at the time of recapture. (3) Percentage of recapture The amount of the appreciation to be recaptured by the Secretary shall be— (A) 75 percent of the appreciation in the value of the real security property if the recapture occurs not later than 4 years after the date of restructuring; and (B) 50 percent if the recapture occurs during the remainder of the term of the agreement. (4) Time of recapture Recapture shall take place on the date that is the earliest of— (A) the end of the term of the agreement; (B) the conveyance of the real security property; (C) the repayment of the loans; or (D) the cessation of farming operations by the borrower. (5) Transfer of title Transfer of title to the spouse of a borrower on the death of the borrower shall not be treated as a conveyance for the purpose of paragraph (4). (6) Notice of recapture Not later than 12 months before the end of the term of a shared appreciation arrangement, the Secretary shall notify the borrower involved of the provisions of the arrangement. (7) Financing of recapture payment (A) In general The Secretary may amortize a recapture payment owed to the Secretary under this subsection. (B) Term The term of an amortization under this paragraph may not exceed 25 years. (C) Interest rate The interest rate applicable to an amortization under this paragraph may not exceed the rate applicable to a loan to reacquire homestead property less 100 basis points. (D) Reamortization (i) In general The Secretary may modify the amortization of a recapture payment referred to in subparagraph (A) of this paragraph on which a payment has become delinquent if— (I) the default is due to circumstances beyond the control of the borrower; and (II) the borrower acted in good faith (as determined by the Secretary) in attempting to repay the recapture amount. (ii) Limitations (I) Term of reamortization The term of a reamortization under this subparagraph may not exceed 25 years from the date of the original amortization agreement. (II) No reduction or principal or unpaid interest due A reamortization of a recapture payment under this subparagraph may not provide for reducing the outstanding principal or unpaid interest due on the recapture payment. (f) Interest rates Any loan for farm ownership purposes, farm operating purposes, or disaster emergency purposes, that is deferred, consolidated, rescheduled, or reamortized shall, notwithstanding any other provision of this subtitle, bear interest on the balance of the original loan and for the term of the original loan at a rate that is the lowest of— (1) the rate of interest on the original loan; (2) the rate being charged by the Secretary for loans, other than guaranteed loans, of the same type at the time at which the borrower applies for a deferral, consolidation, rescheduling, or reamortization; or (3) the rate being charged by the Secretary for loans, other than guaranteed loans, of the same type at the time of the deferral, consolidation, rescheduling, or reamortization. (g) Period and effect (1) Period The Secretary may consolidate or reschedule outstanding loans for payment over a period not to exceed 7 years (or, in the case of loans for farm operating purposes, 15 years) from the date of the consolidation or rescheduling. (2) Effect The amount of unpaid principal and interest of the prior loans so consolidated or rescheduled shall not create a new charge against any loan levels authorized by law. (h) Prerequisites to foreclosure or liquidation No foreclosure or other similar action shall be taken to liquidate any loan determined to be ineligible for restructuring by the Secretary under this section— (1) until the borrower has been given the opportunity to appeal the decision; and (2) if the borrower appeals, the appeals process has been completed, and a determination has been made that the loan is ineligible for restructuring. (i) Notice of ineligibility for restructuring (1) In general A notice of ineligibility for restructuring shall be sent to the borrower by registered or certified mail not later than 15 days after a determination of ineligibility. (2) Contents The notice required under paragraph (1) shall contain— (A) the determination and the reasons for the determination; (B) the computations used to make the determination, including the calculation of the recovery value of the collateral securing the loan; and (C) a statement of the right of the borrower to appeal the decision to the appeals division, and to appear before a hearing officer. (j) Independent appraisals (1) In general An appeal may include a request by the borrower for an independent appraisal of any property securing the loan. (2) Process for appraisal On a request under paragraph (1), the Secretary shall present the borrower with a list of 3 appraisers approved by the county supervisor, from which the borrower shall select an appraiser to conduct the appraisal. (3) Cost The cost of an appraisal under this subsection shall be paid by the borrower. (4) Result The result of an appraisal under this subsection shall be considered in any final determination concerning the loan. (5) Copy A copy of any appraisal under this subsection shall be provided to the borrower. (k) Only 1 write-Down or net recovery buy-Out per borrower for a loan made after January 6, 1988 (1) In general The Secretary may provide for each borrower not more than 1 write-down or net recovery buy-out under this section with respect to all loans made to the borrower after January 6, 1988. (2) Special rule For purposes of paragraph (1), the Secretary shall treat any loan made on or before January 6, 1988, with respect to which a restructuring, write-down, or net recovery buy-out is provided under this section after January 6, 1988, as a loan made after January 6, 1988. (l) Liquidation of assets The Secretary may not use the authority provided by this section to reduce or terminate any portion of the debt of the borrower that the borrower could pay through the liquidation of assets (or through the payment of the loan value of the assets, if the loan value is greater than the liquidation value) described in subsection (c)(2)(A)(ii). (m) Lifetime limitation on debt forgiveness per borrower The Secretary may provide each borrower not more than $300,000 in debt forgiveness under this section. 3412. Relief for mobilized military reservists from certain agricultural loan obligations (a) Definition of mobilized military reservist In this section, the term mobilized military reservist means an individual who— (1) is on active duty under section 688, 12301(a), 12301(g), 12302, 12304, 12306, or 12406, or chapter 15 of title 10, United States Code, or any other provision of law during a war or during a national emergency declared by the President or Congress, regardless of the location at which the active duty service is performed; or (2) in the case of a member of the National Guard, is on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, for purposes of responding to a national emergency declared by the President and supported by Federal funds. (b) Forgiveness of interest payments due while borrower is a mobilized military reservist Any requirement that a borrower of a direct loan made under this subtitle make any interest payment on the loan that would otherwise be required to be made while the borrower is a mobilized military reservist is rescinded. (c) Deferral of principal payments due while or after borrower is a mobilized military reservist The due date of any payment of principal on a direct loan made to a borrower under this subtitle that would otherwise be required to be made while or after the borrower is a mobilized military reservist is deferred for a period equal in length to the period for which the borrower is a mobilized military reservist. (d) Nonaccrual of interest Interest on a direct loan made to a borrower described in this section shall not accrue during the period the borrower is a mobilized military reservist. (e) Borrower not considered To be delinquent or receiving debt forgiveness Notwithstanding section 3425 or any other provision of this title, a borrower who receives assistance under this section shall not, as a result of the assistance, be considered to be delinquent or receiving debt forgiveness for purposes of receiving a direct or guaranteed loan under this subtitle. 3413. Interest rate reduction program (a) Establishment of program The Secretary shall establish and carry out in accordance with this section an interest rate reduction program for any loan guaranteed under this subtitle. (b) Entering into contracts The Secretary shall enter into a contract with, and make payments to, an institution to reduce, during the term of the contract, the interest rate paid by the borrower on the guaranteed loan if— (1) the borrower— (A) is unable to obtain credit elsewhere; (B) is unable to make payments on the loan in a timely manner; and (C) during the 24-month period beginning on the date on which the contract is entered into, has a total estimated cash income, including all farm and nonfarm income, that will equal or exceed the total estimated cash expenses, including all farm and nonfarm expenses, to be incurred by the borrower during the period; and (2) during the term of the contract, the lender reduces the annual rate of interest payable on the loan by a minimum percentage specified in the contract. (c) Payments (1) In general Subject to paragraph (2), in return for a contract entered into by a lender under subsection (b) for the reduction of the interest rate paid on a loan, the Secretary shall make payments to the lender in an amount equal to not more than 100 percent of the cost of reducing the annual rate of interest payable on the loan. (2) Limitation Payments under paragraph (1) may not exceed the cost of reducing the rate by more than 400 basis points. (d) Term The term of a contract entered into under this section to reduce the interest rate on a guaranteed loan may not exceed the outstanding term of the loan. (e) Condition on foreclosure Notwithstanding any other law, any contract of guarantee on a farm loan entered into under this subtitle shall contain a condition that the lender of the loan may not initiate a foreclosure action on the loan until 60 days after a determination is made with respect to the eligibility of the borrower to participate in the program established under this section. 3414. Homestead property (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Borrower-owner The term borrower-owner means— (A) a borrower-owner of a loan made or guaranteed by the Secretary or the Administrator who meets the eligibility requirements of subsection (c)(1); or (B) in a case in which an owner of homestead property pledged the property to secure the loan and the owner is different than the borrower, the owner. (3) Farm program loan The term farm program loan means a loan made by the Administrator under the Small Business Act ( 15 U.S.C. 631 et seq. ) for any of the purposes authorized for loans under chapter 1 or 2. (4) Homestead property The term homestead property means— (A) the principal residence and adjoining property possessed and occupied by a borrower-owner, including a reasonable number of farm outbuildings located on the adjoining land that are useful to any occupant of the homestead; and (B) not more than 10 acres of adjoining land that is used to maintain the family of the borrower-owner. (b) Retention of homestead property (1) In general The Secretary or the Administrator shall, on application by a borrower-owner who meets the eligibility requirements of subsection (c)(1), permit the borrower-owner to retain possession and occupancy of homestead property under the terms set forth, and until the action described in this section has been completed, if— (A) the Secretary forecloses or takes into inventory property securing a loan made under this subtitle; (B) the Administrator forecloses or takes into inventory property securing a farm program loan made under the Small Business Act (15 U.S.C. 631 et seq.); or (C) the borrower-owner of a loan made by the Secretary or the Administrator files a petition in bankruptcy that results in the conveyance of the homestead property to the Secretary or the Administrator, or agrees to voluntarily liquidate or convey the property in whole or in part. (2) Period of occupancy Subject to subsection (c), the Secretary or the Administrator shall not grant a period of occupancy of less than 3 nor more than 5 years. (c) Eligibility (1) In general To be eligible to occupy homestead property, a borrower-owner of a loan made by the Secretary or the Administrator shall— (A) apply for the occupancy not later than 30 days after the property is acquired by the Secretary or Administrator; (B) have received from farming operations gross farm income that is reasonably commensurate with— (i) the size and location of the farming unit of the borrower-owner; and (ii) local agricultural conditions (including natural and economic conditions), during at least 2 calendar years of the 6-year period preceding the calendar year in which the application is made; (C) have received from farming operations at least 60 percent of the gross annual income of the borrower-owner and any spouse of the borrower-owner during at least 2 calendar years of the 6-year period described in subparagraph (B); (D) have continuously occupied the homestead property during the 6-year period described in subparagraph (B), except that the requirement of this subparagraph may be waived if a borrower-owner, due to circumstances beyond the control of the borrower-owner, had to leave the homestead property for a period of time not to exceed 12 months during the 6-year period; (E) during the period of occupancy of the homestead property, pay a reasonable sum as rent for the property to the Secretary or the Administrator in an amount substantially equivalent to rents charged for similar residential properties in the area in which the homestead property is located; (F) during the period of the occupancy of the homestead property, maintain the property in good condition; and (G) meet such other reasonable and necessary terms and conditions as the Secretary may require. (2) Definition of farming operations In subparagraphs (B) and (C) of paragraph (1), the term farming operations includes rent paid by a lessee of agricultural land during a period in which the borrower-owner, due to circumstances beyond the control of the borrower-owner, is unable to actively farm the land. (3) Termination of rights (A) In general For purposes of paragraph (1)(E), the failure of the borrower-owner to make a timely rental payment shall constitute cause for the termination of all rights of the borrower-owner to possession and occupancy of the homestead property under this section. (B) Procedure for termination In effecting a termination under subparagraph (A), the Secretary shall— (i) afford the borrower-owner or lessee the notice and hearing procedural rights described in subtitle H of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6991 et seq. ); and (ii) comply with any applicable State and local law governing eviction of a person from residential property. (4) Rights of borrower-owner (A) Period of occupancy Subject to subsection (b)(2), the period of occupancy allowed the borrower-owner of homestead property under this section shall be the period requested in writing by the borrower-owner. (B) Right to reacquire (i) In general During the period the borrower-owner occupies the homestead property, the borrower-owner shall have a right to reacquire the homestead property on such terms and conditions as the Secretary shall determine. (ii) Socially disadvantaged borrower-owner During the period of occupancy of a borrower-owner who is a socially disadvantaged farmer, the borrower-owner or a member of the immediate family of the borrower-owner shall have a right of first refusal to reacquire the homestead property on such terms and conditions as the Secretary shall determine. (iii) Independent appraisal The Secretary may not demand a payment for the homestead property that is in excess of the current market value of the homestead property as established by an independent appraisal. (iv) Conduct of appraisal An independent appraisal under clause (iii) shall be conducted by an appraiser selected by the borrower-owner, or, in the case of a borrower-owner who is a socially disadvantaged farmer, the immediate family member of the borrower-owner, from a list of 3 appraisers approved by the county supervisor. (5) Transfer of rights (A) In general Except as provided in subparagraph (B), no right of a borrower-owner under this section, and no agreement entered into between the borrower-owner and the Secretary for occupancy of the homestead property, shall be transferable or assignable by the borrower-owner or by operation of law. (B) Death or incompetency In the case of death or incompetency of the borrower-owner, the right and agreement shall be transferable to a spouse of the borrower-owner if the spouse agrees to comply with any terms and conditions of the right or agreement. (6) Notification Not later than the date of acquisition of the property securing a loan made under this subtitle, the Secretary shall notify the borrower-owner of the property of the availability of homestead protection rights under this section. (d) End of period of occupancy (1) In general At the end of the period of occupancy allowed a borrower-owner under subsection (c), the Secretary or the Administrator shall grant to the borrower-owner a right of first refusal to reacquire the homestead property on such terms and conditions (which may include payment of principal in installments) as the Secretary or the Administrator shall determine. (2) Terms and conditions The terms and conditions granted under paragraph (1) may not be less favorable than those offered by the Secretary or Administrator or intended by the Secretary or Administrator to be offered to any other buyer. (e) Maximum payment of principal (1) In general At the time a reacquisition agreement is entered into, the Secretary or the Administrator may not demand a total payment of principal that is in excess of the value of the homestead property. (2) Determination of value To the maximum extent practicable, the value of the homestead property shall be determined by an independent appraisal made during the 180-day period beginning on the date of receipt of the application of the borrower-owner to retain possession and occupancy of the homestead property. (f) Title not needed To enter into contracts The Secretary may enter into a contract authorized by this section before the Secretary acquires title to the homestead property that is the subject of the contract. (g) State law prevails In the event of a conflict between this section and a provision of State law relating to the right of a borrower-owner to designate for separate sale or redeem part or all of the real property securing a loan foreclosed on by a lender to the borrower-owner, the provision of State law shall prevail. 3415. Transfer of inventory land (a) In general Subject to subsection (b), the Secretary may transfer to a Federal or State agency, for conservation purposes, any real property, or interest in real property, administered by the Secretary under this subtitle— (1) with respect to which the rights of all prior owners and operators have expired; (2) that is eligible to be disposed of in accordance with section 3409; and (3) that— (A) has marginal value for agricultural production; (B) is environmentally sensitive; or (C) has special management importance. (b) Conditions The Secretary may not transfer any property or interest in property under subsection (a) unless— (1) at least 2 public notices are given of the transfer; (2) if requested, at least 1 public meeting is held prior to the transfer; and (3) the Governor and at least 1 elected county official of the State and county in which the property is located are consulted prior to the transfer. 3416. Target participation rates (a) Establishment (1) In general The Secretary shall establish annual target participation rates, on a county-wide basis, that shall ensure that members of socially disadvantaged groups shall— (A) receive loans made or guaranteed under chapter 1; and (B) have the opportunity to purchase or lease farmland acquired by the Secretary under this subtitle. (2) Group population Except as provided in paragraph (3), in establishing the target rates, the Secretary shall take into consideration— (A) the portion of the population of the county made up of the socially disadvantaged groups; and (B) the availability of inventory farmland in the county. (3) Gender In the case of gender, target participation rates shall take into consideration the number of current and potential socially disadvantaged farmers in a State in proportion to the total number of farmers in the State. (b) Reservation and allocation (1) Reservation To the maximum extent practicable, the Secretary shall reserve sufficient loan funds made available under chapter 1 for use by members of socially disadvantaged groups identified under target participation rates established under subsection (a). (2) Allocation The Secretary shall allocate the loans on the basis of the proportion of members of socially disadvantaged groups in a county and the availability of inventory farmland, with the greatest amount of loan funds being distributed in the county with the greatest proportion of socially disadvantaged group members and the greatest quantity of available inventory farmland. (3) Indian reservations In distributing loan funds in counties within the boundaries of an Indian reservation, the Secretary shall allocate the funds on a reservation-wide basis. (c) Operating loans (1) Establishment (A) In general The Secretary shall establish annual target participation rates that shall ensure that socially disadvantaged farmers receive loans made or guaranteed under chapter 2. (B) Considerations In establishing the target rates, the Secretary shall consider the number of socially disadvantaged farmers in a State in proportion to the total number of farmers in the State. (2) Reservation and allocation (A) In general To the maximum extent practicable, the Secretary shall reserve and allocate the proportion of the loan funds of each State made available under chapter 2 that is equal to the target participation rate of the State for use by the socially disadvantaged farmers in the State. (B) Distribution To the maximum extent practicable, the Secretary shall distribute the total loan funds reserved under subparagraph (A) on a county-by-county basis according to the number of socially disadvantaged farmers in the county. (C) Reallocation of unused funds Any funds reserved and allocated under this paragraph but not used within a State shall, to the extent necessary to satisfy pending applications under this subtitle, be available for use by socially disadvantaged farmers in other States, as determined by the Secretary, and any remaining funds shall be reallocated within the State. (d) Report The Secretary shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the annual target participation rates and the success in meeting the rates. (e) Implementation consistent with supreme court holding Not later than 180 days after April 4, 1996, the Secretary shall ensure that the implementation of this section is consistent with the holding of the Supreme Court in Adarand Constructors, Inc. v. Federico Pena, Secretary of Transportation, 115 S. Ct. 2097 (1995). 3417. Compromise or adjustment of debts or claims by guaranteed lender (a) Loss by lender If the lender of a guaranteed farmer program loan takes any action described in section 3903(a)(4) with respect to the loan and the Secretary approves the action, for purposes of the guarantee, the lender shall be treated as having sustained a loss equal to the amount by which— (1) the outstanding balance of the loan immediately before the action; exceeds (2) the outstanding balance of the loan immediately after the action. (b) Net present value of loan The Secretary shall approve the taking of an action described in section 3903(a)(4) by the lender of a guaranteed farmer program loan with respect to the loan if the action reduces the net present value of the loan to an amount equal to not less than the greater of— (1) the greatest net present value of a loan the borrower could reasonably be expected to repay; and (2) the difference between— (A) the greatest amount that the lender of the loan could reasonably expect to recover from the borrower through bankruptcy, or liquidation of the property securing the loan; and (B) all reasonable and necessary costs and expenses that the lender of the loan could reasonably expect to incur to preserve or dispose of the property (including all associated legal and property management costs) in the course of such a bankruptcy or liquidation. (c) No limitation on authority This section shall not limit the authority of the Secretary to enter into a shared appreciation arrangement with a borrower under section 3411(e). 3418. Waiver of mediation rights by borrowers The Secretary may not make or guarantee any farmer program loan to a farm borrower on the condition that the borrower waive any right under the mediation program of any State. 3419. Borrower training (a) In general The Secretary shall contract to provide educational training to all borrowers of direct loans made under this subtitle in financial and farm management concepts associated with commercial farming. (b) Contract (1) In general The Secretary may contract with a State or private provider of farm management and credit counseling services (including a community college, the extension service of a State, a State department of agriculture, or a nonprofit organization) to carry out this section. (2) Consultation The Secretary may consult with the chief executive officer of a State concerning the identity of the contracting organization and the process for contracting. (c) Eligibility for loans (1) In general Subject to paragraph (2), to be eligible to obtain a direct loan under this subtitle, a borrower shall be required to obtain management assistance under this section, appropriate to the management ability of the borrower during the determination of eligibility for the loan. (2) Loan conditions The need of a borrower who satisfies the criteria set out in section 3101(b)(1)(B) or 3201(b)(1)(B) for management assistance under this section shall not be cause for denial of eligibility of the borrower for a direct loan under this subtitle. (d) Guidelines and curriculum The Secretary shall issue regulations establishing guidelines and curriculum for the borrower training program established under this section. (e) Payment A borrower— (1) shall pay for training received under this section; and (2) may use funds from operating loans made under chapter 2 to pay for the training. (f) Waivers (1) In general The Secretary may waive the requirements of this section for an individual borrower on a determination that the borrower demonstrates adequate knowledge in areas described in this section. (2) Criteria The Secretary shall establish criteria providing for the application of paragraph (1) consistently in all counties nationwide. 3420. Loan assessments (a) In general After an applicant is determined to be eligible for assistance under this subtitle, the Secretary shall evaluate, in accordance with regulations issued by the Secretary, the farming plan and financial situation of each qualified farmer applicant. (b) Determinations In evaluating the farming plan and financial situation of an applicant under this section, the Secretary shall determine— (1) the amount that the applicant needs to borrow to carry out the proposed farming plan; (2) the rate of interest that the applicant would need to be able to cover expenses and build an adequate equity base; (3) the goals of the proposed farming plan of the applicant; (4) the financial viability of the plan and any changes that are necessary to make the plan viable; and (5) whether assistance is necessary under this subtitle and, if so, the amount of the assistance. (c) Contract The Secretary may contract with a third party (including an entity that is eligible to provide borrower training under section 3419(b)) to conduct a loan assessment under this section. (d) Review of loans (1) In general Loan assessments conducted under this section shall include annual review of direct loans, and periodic review (as determined necessary by the Secretary) of guaranteed loans, made under this subtitle to assess the progress of a borrower in meeting the goals for the farm operation. (2) Contracts The Secretary may contract with an entity that is eligible to provide borrower training under section 3419(b) to conduct a loan review under paragraph (1). (3) Problem assessments If a borrower is delinquent in payments on a direct or guaranteed loan made under this subtitle, the Secretary or the contracting entity shall determine the cause of, and action necessary to correct, the delinquency. (e) Guidelines The Secretary shall issue regulations providing guidelines for loan assessments conducted under this section. 3421. Supervised credit The Secretary shall provide adequate training to employees of the Farm Service Agency on credit analysis and financial and farm management— (1) to better acquaint the employees with what constitutes adequate financial data on which to base a direct or guaranteed loan approval decision; and (2) to ensure proper supervision of farmer program loans. 3422. Market placement The Secretary shall establish a market placement program for a qualified beginning farmer and any other borrower of farmer program loans that the Secretary believes has a reasonable chance of qualifying for commercial credit with a guarantee provided under this subtitle. 3423. Recordkeeping of loans by gender of borrower The Secretary shall classify, by gender, records of applicants for loans and loan guarantees under this subtitle. 3424. Crop insurance requirement (a) In general As a condition of obtaining any benefit (including a direct loan, loan guarantee, or payment) described in subsection (b), a borrower shall be required to obtain at least catastrophic risk protection insurance coverage under section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) for the crop and crop year for which the benefit is sought, if the coverage is offered by the Federal Crop Insurance Corporation. (b) Applicable benefits Subsection (a) shall apply to— (1) a farm ownership loan under section 3102; (2) an operating loan under section 3202; and (3) an emergency loan under section 3301. 3425. Loan and loan servicing limitations (a) Delinquent borrowers prohibited from obtaining direct operating loans The Secretary may not make a direct operating loan under chapter 2 to a borrower who is delinquent on any loan made or guaranteed under this subtitle. (b) Loans prohibited for borrowers that have received debt forgiveness (1) Prohibitions Except as provided in paragraph (2)— (A) the Secretary may not make a loan under this subtitle to a borrower that has received debt forgiveness on a loan made or guaranteed under this subtitle; and (B) the Secretary may not guarantee a loan under this subtitle to a borrower that has received— (i) debt forgiveness after April 4, 1996, on a loan made or guaranteed under this subtitle; or (ii) received debt forgiveness on more than 3 occasions on or before April 4, 1996. (2) Exceptions (A) In general The Secretary may make a direct or guaranteed farm operating loan for paying annual farm operating expenses of a borrower who— (i) was restructured with a write-down under section 3411; (ii) is current on payments under a confirmed reorganization plan under chapters 11, 12, or 13 of title 11 of the United States Code; or (iii) received debt forgiveness on not more than 1 occasion resulting directly and primarily from a major disaster or emergency designated by the President on or after April 4, 1996, under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (B) Emergency loans The Secretary may make an emergency loan under section 3301 to a borrower that— (i) on or before April 4, 1996, received not more than 1 debt forgiveness on a loan made or guaranteed under this subtitle; and (ii) after April 4, 1996, has not received debt forgiveness on a loan made or guaranteed under this subtitle. (c) No more than 1 debt forgiveness for a borrower on a direct loan The Secretary may not provide to a borrower debt forgiveness on a direct loan made under this subtitle if the borrower has received debt forgiveness on another direct loan made under this subtitle. 3426. Short form certification of farm program borrower compliance The Secretary shall develop and use a consolidated short form for farmer program loan borrowers to use in certifying compliance with any applicable provision of law (including a regulation) that serves as an eligibility prerequisite for a loan made under this subtitle. 3427. Underwriting forms and standards In the administration of this subtitle, the Secretary shall, to the extent practicable, use underwriting forms, standards, practices, and terminology similar to the forms, standards, practices, and terminology used by lenders in the private sector. 3428. Beginning farmer individual development accounts pilot program (a) Definitions In this section: (1) Demonstration program The term demonstration program means a demonstration program carried out by a qualified entity under the pilot program established in subsection (b)(1). (2) Eligible participant The term eligible participant means a qualified beginning farmer that— (A) lacks significant financial resources or assets; and (B) has an income that is less than— (i) 80 percent of the median income of the State in which the farmer resides; or (ii) 200 percent of the most recent annual Federal Poverty Income Guidelines published by the Department of Health and Human Services for the State. (3) Individual development account The term individual development account means a savings account described in subsection (b)(4)(A). (4) Qualified entity (A) In general The term qualified entity means— (i) 1 or more organizations— (I) described in section 501(c)(3) of the Internal Revenue Code of 1986; and (II) exempt from taxation under section 501(a) of such Code; or (ii) a State, local, or tribal government submitting an application jointly with an organization described in clause (i). (B) No prohibition on collaboration An organization described in subparagraph (A)(i) may collaborate with a financial institution or for-profit community development corporation to carry out the purposes of this section. (b) Pilot program (1) In general The Secretary shall establish a pilot program to be known as the New Farmer Individual Development Accounts Pilot Program under which the Secretary shall work through qualified entities to establish demonstration programs— (A) of at least 5 years in duration; and (B) in at least 15 States. (2) Coordination The Secretary shall operate the pilot program through and in coordination with the farmer program loans of the Farm Service Agency. (3) Reserve funds (A) In general A qualified entity carrying out a demonstration program under this section shall establish a reserve fund consisting of a non-Federal match of 50 percent of the total amount of the grant awarded to the demonstration program under this section. (B) Federal funds After the qualified entity has deposited the non-Federal matching funds described in subparagraph (A) in the reserve fund, the Secretary shall provide the total amount of the grant awarded under this section to the demonstration program for deposit in the reserve fund. (C) Use of funds Of the funds deposited under subparagraph (B) in the reserve fund established for a demonstration program, the qualified entity carrying out the demonstration program— (i) may use up to 10 percent for administrative expenses; and (ii) shall use the remainder in making matching awards described in paragraph (4)(B)(ii)(I). (D) Interest Any interest earned on amounts in a reserve fund established under subparagraph (A) may be used by the qualified entity as additional matching funds for, or to administer, the demonstration program. (E) Guidance The Secretary shall issue guidance regarding the investment requirements of reserve funds established under this paragraph. (F) Reversion On the date on which all funds remaining in any individual development account established by a qualified entity have reverted under paragraph (5)(B)(ii) to the reserve fund established by the qualified entity, there shall revert to the Treasury of the United States a percentage of the amount (if any) in the reserve fund equal to— (i) the amount of Federal funds deposited in the reserve fund under subparagraph (B) that were not used for administrative expenses; divided by (ii) the total amount of funds deposited in the reserve fund. (4) Individual development accounts (A) In general A qualified entity receiving a grant under this section shall establish and administer individual development accounts for eligible participants. (B) Contract requirements To be eligible to receive funds under this section from a qualified entity, an eligible participant shall enter into a contract with only 1 qualified entity under which— (i) the eligible participant agrees— (I) to deposit a certain amount of funds of the eligible participant in a personal savings account, as prescribed by the contractual agreement between the eligible participant and the qualified entity; (II) to use the funds described in subclause (I) only for 1 or more eligible expenditures described in paragraph (5)(A); and (III) to complete financial training; and (ii) the qualified entity agrees— (I) to deposit, not later than 1 month after an amount is deposited pursuant to clause (i)(I), at least a 100-percent, and up to a 200-percent, match of that amount into the individual development account established for the eligible participant; and (II) with uses of funds proposed by the eligible participant. (C) Limitation (i) In general A qualified entity administering a demonstration program under this section may provide not more than $6,000 for each fiscal year in matching funds to the individual development account established by the qualified entity for an eligible participant. (ii) Treatment of amount An amount provided under clause (i) shall not be considered to be a gift or loan for mortgage purposes. (5) Eligible expenditures (A) In general An eligible expenditure described in this subparagraph is an expenditure— (i) to purchase farmland or make a down payment on an accepted purchase offer for farmland; (ii) to make mortgage payments on farmland purchased pursuant to clause (i), for up to 180 days after the date of the purchase; (iii) to purchase breeding stock, fruit or nut trees, or trees to harvest for timber; and (iv) for other similar expenditures, as determined by the Secretary. (B) Timing (i) In general An eligible participant may make an eligible expenditure at any time during the 2-year period beginning on the date on which the last matching funds are provided under paragraph (4)(B)(ii)(I) to the individual development account established for the eligible participant. (ii) Unexpended funds At the end of the period described in clause (i), any funds remaining in an individual development account established for an eligible participant shall revert to the reserve fund of the demonstration program under which the account was established. (c) Applications (1) In general A qualified entity that seeks to carry out a demonstration program under this section may submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may prescribe. (2) Criteria In considering whether to approve an application to carry out a demonstration program under this section, the Secretary shall assess— (A) the degree to which the demonstration program described in the application is likely to aid eligible participants in successfully pursuing new farming opportunities; (B) the experience and ability of the qualified entity to responsibly administer the demonstration program; (C) the experience and ability of the qualified entity in recruiting, educating, and assisting eligible participants to increase economic independence and pursue or advance farming opportunities; (D) the aggregate amount of direct funds from non-Federal public sector and private sources that are formally committed to the demonstration program as matching contributions; (E) the adequacy of the plan of the qualified entity to provide information relevant to an evaluation of the demonstration program; and (F) such other factors as the Secretary considers to be appropriate. (3) Preferences In considering an application to conduct a demonstration program under this section, the Secretary shall give preference to an application from a qualified entity that demonstrates— (A) a track record of serving clients targeted by the program, including, as appropriate, socially disadvantaged farmers; and (B) expertise in dealing with financial management aspects of farming. (4) Approval Not later than 1 year after the date of enactment of this section, in accordance with this section, the Secretary shall, on a competitive basis, approve such applications to conduct demonstration programs as the Secretary considers appropriate. (5) Term of authority If the Secretary approves an application to carry out a demonstration program, the Secretary shall authorize the applicant to carry out the project for a period of 5 years, plus an additional 2 years to make eligible expenditures in accordance with subsection (b)(5)(B). (d) Grant authority (1) In general The Secretary shall make a grant to a qualified entity authorized to carry out a demonstration program under this section. (2) Maximum amount of grants The aggregate amount of grant funds provided to a demonstration program carried out under this section shall not exceed $250,000. (3) Timing of grant payments The Secretary shall pay the amounts awarded under a grant made under this section— (A) on the awarding of the grant; or (B) pursuant to such payment plan as the qualified entity may specify. (e) Reports (1) Annual progress reports (A) In general Not later than 60 days after the end of the calendar year in which the Secretary authorizes a qualified entity to carry out a demonstration program under this section, and annually thereafter until the conclusion of the demonstration program, the qualified entity shall prepare an annual report that includes, for the period covered by the report— (i) an evaluation of the progress of the demonstration program; (ii) information about the demonstration program, including the eligible participants and the individual development accounts that have been established; and (iii) such other information as the Secretary may require. (B) Submission of reports A qualified entity shall submit each report required under subparagraph (A) to the Secretary. (2) Reports by the Secretary Not later than 1 year after the date on which all demonstration programs under this section are concluded, the Secretary shall submit to Congress a final report that describes the results and findings of all reports and evaluations carried out under this section. (f) Annual review The Secretary may conduct an annual review of the financial records of a qualified entity— (1) to assess the financial soundness of the qualified entity; and (2) to determine the use of grant funds made available to the qualified entity under this section. (g) Regulations In carrying out this section, the Secretary may promulgate regulations to ensure that the program includes provisions for— (1) the termination of demonstration programs; (2) control of the reserve funds in the case of such a termination; (3) transfer of demonstration programs to other qualified entities; and (4) remissions from a reserve fund to the Secretary in a case in which a demonstration program is terminated without transfer to a new qualified entity. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2013 through 2018. 3429. Farmer loan pilot projects (a) In general The Secretary may conduct pilot projects of limited scope and duration that are consistent with this subtitle to evaluate processes and techniques that may improve the efficiency and effectiveness of the programs carried out under this subtitle. (b) Notification The Secretary shall— (1) not less than 60 days before the date on which the Secretary initiates a pilot project under subsection (a), submit notice of the proposed pilot project to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and (2) consider any recommendations or feedback provided to the Secretary in response to the notice provided under paragraph (1). 3430. Prohibition on use of loans for certain purposes (a) In general Except as provided in subsections (b) and (c), the Secretary may not approve a loan under this subtitle to drain, dredge, fill, level, or otherwise manipulate a wetland (as defined in section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) )), or to engage in any activity that results in impairing or reducing the flow, circulation, or reach of water. (b) Prior activity Subsection (a) does not apply in the case of— (1) an activity related to the maintenance of a previously converted wetland; or (2) an activity that had already commenced before November 28, 1990. (c) Exception This section shall not apply to a loan made or guaranteed under this subtitle for a utility line. 3431. Authorization of appropriations and allocation of funds (a) Authorization for loans (1) In general The Secretary may make or guarantee loans under chapters 1 and 2 from the Agricultural Credit Insurance Fund for not more than $4,226,000,000 for each of fiscal years 2013 through 2018, of which, for each fiscal year— (A) $1,200,000,000 shall be for direct loans, of which— (i) $350,000,000 shall be for farm ownership loans; and (ii) $850,000,000 shall be for operating loans; and (B) $3,026,000,000 shall be for guaranteed loans, of which— (i) $1,000,000,000 shall be for guarantees of farm ownership loans; and (ii) $2,026,000,000 shall be for guarantees of operating loans. (2) Beginning farmers (A) Direct loans (i) Farm ownership loans (I) In general Of the amounts made available under paragraph (1) for direct farm ownership loans, the Secretary shall reserve an amount that is not less than 75 percent of the total amount for qualified beginning farmers. (II) Down payment loans; joint financing arrangements Of the amounts reserved for a fiscal year under subclause (I), the Secretary shall reserve an amount not less than 2/3 of the amount for the down payment loan program under section 3107 and joint financing arrangements under section 3105 until April 1 of the fiscal year. (ii) Operating loans Of the amounts made available under paragraph (1) for direct operating loans, the Secretary shall reserve for qualified beginning farmers for each of fiscal years 2013 through 2018, an amount that is not less than 50 percent of the total amount. (iii) Funds reserved until September 1 Except as provided in clause (i)(II), funds reserved for qualified beginning farmers under this subparagraph for a fiscal year shall be reserved only until September 1 of the fiscal year. (B) Guaranteed loans (i) Farm ownership loans Of the amounts made available under paragraph (1) for guarantees of farm ownership loans, the Secretary shall reserve an amount that is not less than 40 percent of the total amount for qualified beginning farmers. (ii) Operating loans Of the amounts made available under paragraph (1) for guarantees of operating loans, the Secretary shall reserve 40 percent for qualified beginning farmers. (iii) Funds reserved until April 1 Funds reserved for qualified beginning farmers under this subparagraph for a fiscal year shall be reserved only until April 1 of the fiscal year. (C) Reserved funds for all qualified beginning farmers If a qualified beginning farmer meets the eligibility criteria for receiving a direct or guaranteed loan under section 3101, 3107, or 3201, the Secretary shall make or guarantee the loan if sufficient funds reserved under this paragraph are available to make or guarantee the loan. (3) Transfer for down payment loans (A) In general Subject to subparagraph (B)— (i) beginning on August 1 of each fiscal year, the Secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the Secretary to qualified beginning farmers under the down payment loan program established under section 3107, if sufficient direct farm ownership loan funds are not otherwise available; and (ii) beginning on September 1 of each fiscal year, the Secretary shall use available unsubsidized guaranteed farm operating loan funds to provide direct farm ownership loans approved by the Secretary to qualified beginning farmers, if sufficient direct farm ownership loan funds are not otherwise available. (B) Limitation The Secretary shall limit the transfer of funds under subparagraph (A) so that all guaranteed farm operating loans that have been approved, or will be approved, by the Secretary during the fiscal year will be made to the extent of available amounts. (4) Transfer for credit sales of farm inventory property (A) In general Subject to subparagraphs (B) and (C), beginning on September 1 of each fiscal year, the Secretary may use available funds made available under chapter 3 for the fiscal year to fund the credit sale of farm real estate in the inventory of the Secretary. (B) Supplemental appropriations The transfer authority provided under subparagraph (A) shall not apply to any funds made available to the Secretary for any fiscal year under an Act making supplemental appropriations. (C) Limitation The Secretary shall limit the transfer of funds under subparagraph (A) so that all emergency disaster loans that have been approved, or will be approved, by the Secretary during the fiscal year will be made to the extent of available amounts. (5) Availability of funds Funds made available to carry out this subtitle shall remain available until expended. (b) Cost projections (1) In general The Secretary shall develop long-term cost projections for loan program authorizations required under subsection (a). (2) Analysis Each projection under paragraph (1) shall include analyses of— (A) the long-term costs of the lending levels that the Secretary requests to be authorized under subsection (a); and (B) the long-term costs for increases in lending levels beyond those requested to be authorized, based on increments of $10,000,000 or such other levels as the Secretary considers appropriate. (3) Submission to congress The Secretary shall submit to the Committees on Agriculture and Appropriations of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and Appropriations of the Senate reports containing the long-term cost projections for the 3-year period beginning with fiscal year 1983 and each 3-year period thereafter at the time the requests for authorizations for those periods are submitted to Congress. (c) Low-Income, limited-Resource borrowers (1) Reserve Notwithstanding any other provision of law, not less than 25 percent of the loans for farm ownership purposes for each fiscal year under this subtitle shall be for low-income, limited-resource borrowers. (2) Notification The Secretary shall provide notification to farm borrowers under this subtitle in the normal course of loan making and loan servicing operations, of the provisions of this subtitle relating to low-income, limited-resource borrowers and the procedures by which persons may apply for loans under the low-income, limited-resource borrower program. . B Miscellaneous 5101. State agricultural mediation programs Section 506 of the Agricultural Credit Act of 1987 ( 7 U.S.C. 5106 ) is amended by striking 2015 and inserting 2018 . 5102. Loans to purchasers of highly fractionated land (a) In general The first sentence of Public Law 91–229 (25 U.S.C. 488) is amended— (1) in subsection (a), in the first sentence, by striking loans from and all that follows through 1929) and inserting direct loans in a manner consistent with direct loans pursuant to chapter 4 of subtitle A of the Consolidated Farm and Rural Development Act ; (2) in subsection (b)(1)— (A) by striking pursuant to section 205(c) of the Indian Land Consolidation Act ( 25 U.S.C. 2204(c) ) ; and (B) by inserting or to intermediaries in order to establish revolving loan funds for the purchase of highly fractionated land under that section before the period at the end; and (3) by adding at the end the following: (c) Consultation required In determining regulations and procedures to define eligible purchasers of highly fractionated land under this section, the Secretary of Agriculture shall consult with the Secretary of the Interior. . 5103. Removal of duplicative appraisals Notwithstanding any other law (including regulations), in making loans under the first section of Public Law 91–229 ( 25 U.S.C. 488 ), borrowers who are Indian tribes, members of Indian tribes, or tribal corporations shall only be required to obtain 1 appraisal under an appraisal standard recognized as of the date of enactment of this Act by the Secretary or the Secretary of the Interior. 5104. Compensation disclosure by Farm Credit System institutions (a) Findings Congress finds that— (1) the reasonable disclosure to stockholders by Farm Credit System institutions regarding the compensation of Farm Credit System institution senior officers is beneficial to stockholders’ understanding of the operation of their institutions; (2) transparency regarding compensation practices reinforces the cooperative nature of Farm Credit System institutions; (3) the unique cooperative structure of the Farm Credit System should be considered when promulgating rules; (4) the participation of stockholders in the election of the boards of directors of Farm Credit System institutions provides stockholders the opportunity to participate in the management of their institutions; (5) as representatives of stockholders, the boards of directors of Farm Credit System institutions importantly establish and oversee the compensation practices of Farm Credit System institutions to ensure the safe and sound operation of those institutions; and (6) any regulation should strengthen and not hinder the ability of Farm Credit System boards of directors to oversee compensation practices. (b) Implementation Not later than 60 days after the date of enactment of this Act, the Farm Credit Administration shall review its rules to reflect Congressional intent that a primary responsibility of the boards of directors of Farm Credit System institutions, as elected representatives of their stockholders, is to oversee compensation practices. VI Rural Development A Reorganization of the Consolidated Farm and Rural Development Act 6001. Reorganization of the Consolidated Farm and Rural Development Act Title III of the Agricultural Act of 1961 ( 7 U.S.C. 1921 et seq. ) is amended to read as follows: III Agricultural credit 3001. Short title; table of contents (a) Short title This title may be cited as the Consolidated Farm and Rural Development Act . (b) Table of contents The table of contents of this title is as follows: TITLE III—Agricultural credit Sec. 3001. Short title; table of contents. Sec. 3002. Definitions. Subtitle A—Farmer loans, servicing, and other assistance Chapter 1—Farm ownership loans Sec. 3101. Farm ownership loans. Sec. 3102. Purposes of loans. Sec. 3103. Conservation loan and loan guarantee program. Sec. 3104. Loan maximums. Sec. 3105. Repayment requirements for farm ownership loans. Sec. 3106. Limited-resource loans. Sec. 3107. Downpayment loan program. Sec. 3108. Beginning farmer and socially disadvantaged farmer contract land sales program. Chapter 2—Operating loans Sec. 3201. Operating loans. Sec. 3202. Purposes of loans. Sec. 3203. Restrictions on loans. Sec. 3204. Terms of loans. Chapter 3—Emergency loans Sec. 3301. Emergency loans. Sec. 3302. Purposes of loans. Sec. 3303. Terms of loans. Sec. 3304. Production losses. Chapter 4—General farmer loan provisions Sec. 3401. Agricultural Credit Insurance Fund. Sec. 3402. Guaranteed farmer loans. Sec. 3403. Provision of information to borrowers. Sec. 3404. Notice of loan service programs. Sec. 3405. Planting and production history guidelines. Sec. 3406. Special conditions and limitations on loans. Sec. 3407. Graduation of borrowers. Sec. 3408. Debt adjustment and credit counseling. Sec. 3409. Security servicing. Sec. 3410. Contracts on loan security properties. Sec. 3411. Debt restructuring and loan servicing. Sec. 3412. Relief for mobilized military reservists from certain agricultural loan obligations. Sec. 3413. Interest rate reduction program. Sec. 3414. Homestead property. Sec. 3415. Transfer of inventory land. Sec. 3416. Target participation rates. Sec. 3417. Compromise or adjustment of debts or claims by guaranteed lender. Sec. 3418. Waiver of mediation rights by borrowers. Sec. 3419. Borrower training. Sec. 3420. Loan assessments. Sec. 3421. Supervised credit. Sec. 3422. Market placement. Sec. 3423. Recordkeeping of loans by gender of borrower. Sec. 3424. Crop insurance requirement. Sec. 3425. Loan and loan servicing limitations. Sec. 3426. Short form certification of farm program borrower compliance. Sec. 3427. Underwriting forms and standards. Sec. 3428. Beginning farmer individual development accounts pilot program. Sec. 3429. Farmer loan pilot projects. Sec. 3430. Prohibition on use of loans for certain purposes. Sec. 3431. Authorization of appropriations and allocation of funds. Subtitle B—Rural development Chapter 1—Rural community programs Sec. 3501. Water and waste disposal loans, loan guarantees, and grants. Sec. 3502. Community facilities loans, loan guarantees, and grants. Sec. 3503. Health care services. Chapter 2—Rural business and cooperative development Sec. 3601. Business programs. Sec. 3602. Rural Business Investment Program. Chapter 3—General rural development provisions Sec. 3701. General provisions for loans and grants. Sec. 3702. Strategic economic and community development. Sec. 3703. Guaranteed rural development loans. Sec. 3704. Rural Development Insurance Fund. Sec. 3705. Rural economic area partnership zones. Sec. 3706. Streamlining applications and improving accessibility of rural development programs. Sec. 3707. State Rural Development Partnership. Chapter 4—Delta Regional Authority Sec. 3801. Definitions. Sec. 3802. Delta Regional Authority. Sec. 3803. Economic and community development grants. Sec. 3804. Supplements to Federal grant programs. Sec. 3805. Local development districts; certification and administrative expenses. Sec. 3806. Distressed counties and areas and nondistressed counties. Sec. 3807. Development planning process. Sec. 3808. Program development criteria. Sec. 3809. Approval of development plans and projects. Sec. 3810. Consent of States. Sec. 3811. Records. Sec. 3812. Annual report. Sec. 3813. Authorization of appropriations. Sec. 3814. Termination of authority. Chapter 5—Northern Great Plains Regional Authority Sec. 3821. Definitions. Sec. 3822. Northern Great Plains Regional Authority. Sec. 3823. Interstate cooperation for economic opportunity and efficiency. Sec. 3824. Economic and community development grants. Sec. 3825. Supplements to Federal grant programs. Sec. 3826. Multistate and local development districts and organizations and Northern Great Plains Inc. Sec. 3827. Distressed counties and areas and nondistressed counties. Sec. 3828. Development planning process. Sec. 3829. Program development criteria. Sec. 3830. Approval of development plans and projects. Sec. 3831. Consent of States. Sec. 3832. Records. Sec. 3833. Annual report. Sec. 3834. Authorization of appropriations. Sec. 3835. Termination of authority. Subtitle C—General provisions Sec. 3901. Full faith and credit. Sec. 3902. Purchase and sale of guaranteed portions of loans. Sec. 3903. Administration. Sec. 3904. Loan moratorium and policy on foreclosures. Sec. 3905. Oil and gas royalty payments on loans. Sec. 3906. Taxation. Sec. 3907. Conflicts of interest. Sec. 3908. Loan summary statements. Sec. 3909. Certified lenders program. Sec. 3910. Loans to resident aliens. Sec. 3911. Expedited clearing of title to inventory property. Sec. 3912. Transfer of land to Secretary. Sec. 3913. Competitive sourcing limitations. Sec. 3914. Regulations. 3002. Definitions In this title (unless the context otherwise requires): (1) Able to obtain credit elsewhere The term able to obtain credit elsewhere means able to obtain a loan from a production credit association, a Federal land bank, or other responsible cooperative or private credit source (or, in the case of a borrower under section 3106, the borrower may be able to obtain a loan under section 3101) at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time. (2) Agricultural credit insurance fund The term Agricultural Credit Insurance Fund means the fund established under section 3401. (3) Approved lender The term approved lender means— (A) a lender approved prior to October 28, 1992, by the Secretary under the approved lender program established by exhibit A to subpart B of part 1980 of title 7, Code of Federal Regulations (as in effect on January 1, 1991); or (B) a lender certified under section 3909. (4) Aquaculture The term aquaculture means the culture or husbandry of aquatic animals or plants by private industry for commercial purposes, including the culture and growing of fish by private industry for the purpose of creating or augmenting publicly owned and regulated stocks of fish. (5) Beginning farmer The term beginning farmer has the meaning given the term by the Secretary. (6) Borrower (A) In general Except as provided in subparagraph (B), the term borrower means an individual or entity who has an outstanding obligation to the Secretary under any loan made or guaranteed under this title, without regard to whether the loan has been accelerated. (B) Exclusions The term borrower does not include an individual or entity all of whose loans and accounts have been foreclosed on or liquidated, voluntarily or otherwise. (7) County committee The term county committee means the appropriate county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ( 16 U.S.C. 590h(b)(5) ). (8) Debt forgiveness (A) In general Except as provided in subparagraph (B), the term debt forgiveness means reducing or terminating a loan made or guaranteed under this title, in a manner that results in a loss to the Secretary, through— (i) writing down or writing off a loan under section 3411; (ii) compromising, adjusting, reducing, or charging-off a debt or claim under section 3903; (iii) paying a loss on a guaranteed loan under this title; or (iv) discharging a debt as a result of bankruptcy. (B) Loan restructuring The term debt forgiveness does not include consolidation, rescheduling, reamortization, or deferral. (9) Department The term Department means the Department of Agriculture. (10) Direct loan The term direct loan means a loan made by the Secretary from appropriated funds. (11) Entity The term entity means a corporation, farm cooperative, partnership, joint operation, governmental entity, or other legal organization, as determined by the Secretary. (12) Farm The term farm means an operation involved in— (A) the production of an agricultural commodity; (B) ranching; or (C) aquaculture, in a controlled environment. (13) Farmer The term farmer means an individual or entity engaged primarily and directly in— (A) the production of an agricultural commodity; (B) ranching; or (C) aquaculture, in a controlled environment. (14) Farmer program loan The term farmer program loan means— (A) a farm ownership loan under section 3101; (B) a conservation loan under section 3103; (C) an operating loan under section 3201; (D) an emergency loan under section 3301; (E) an economic emergency loan under section 202 of the Emergency Agricultural Credit Adjustment Act of 1978 (7 U.S.C. prec. 1961 note; Public Law 95–334 ); (F) a loan for a farm service building under section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 ); (G) an economic opportunity loan under section 602 of the Economic Opportunity Act of 1964 ( Public Law 88–452 ; 42 U.S.C. 2942 note) (as it existed before the amendment made by section 683(a) of the Omnibus Budget Reconciliation Act of 1981 ( Public Law 97–35 ; 95 Stat. 519)); (H) a softwood timber loan under section 608 of the Agricultural Programs Adjustment Act of 1984 ( 7 U.S.C. 1981 note; Public Law 98–258); or (I) any other loan described in section 343(a)(10) of this title (as it existed before the amendment made by section 2 of the Agriculture Reform, Food, and Jobs Act of 2013 ) that is outstanding on the date of enactment of that Act. (15) Farm service agency The term Farm Service Agency means the offices of the Farm Service Agency to which the Secretary delegates responsibility to carry out this title. (16) Governmental entity The term governmental entity means any agency of a State or a unit of local government of a State, or subdivision thereof. (17) Guarantee The term guarantee means guaranteeing the payment of a loan originated, held, and serviced by a private financial agency, or lender, approved by the Secretary. (18) Highly erodible land The term highly erodible land has the meaning given the term in section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ). (19) Homestead retention The term homestead retention means homestead retention as authorized under section 3414. (20) Indian tribe The term Indian tribe means a Federal or State-recognized Indian tribe or other federally recognized Indian tribal group (including a Tribal College or University, as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ). (21) Loan service program The term loan service program means, with respect to a farmer program loan borrower, a primary loan service program or a homestead retention program. (22) Natural or major disaster or emergency The term natural or major disaster or emergency means— (A) a disaster due to nonmanmade causes declared by the Secretary; or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). (23) Primary loan service program The term primary loan service program means, with respect to a farmer program loan— (A) loan consolidation, rescheduling, or reamortization; (B) interest rate reduction, including the use of the limited resource program; (C) loan restructuring, including deferral, set aside, or writing down of the principal or accumulated interest charges, or both, of the loan; or (D) any combination of actions described in subparagraphs (A), (B), and (C). (24) Prime farmland The term prime farmland means prime farmland and unique farmland (as defined in subsections (a) and (b) of section 657.5 of title 7, Code of Federal Regulations (1980)). (25) Project For purposes of section 3501, the term project includes a facility providing central service or a facility serving an individual property, or both. (26) Qualified beginning farmer The term qualified beginning farmer means an applicant, regardless of whether the applicant is participating in a program under section 3107, who— (A) is eligible for assistance under subtitle A; (B) has not operated a farm, or has operated a farm for not more than 10 years; (C) in the case of a cooperative, corporation, partnership, or joint operation, has members, stockholders, partners, or joint operators who are all related to each other by blood or marriage; (D) in the case of a farmer who is the owner and operator of a farm— (i) in the case of a loan made to an individual, individually or with the immediate family of the applicant— (I) materially and substantially participates in the operation of the farm; and (II) provides substantial day-to-day labor and management of the farm, consistent with the practices in the State or county in which the farm is located; or (ii) (I) in the case of a loan made to a cooperative, corporation, partnership, or joint operation, has members, stockholders, partners, or joint operators who materially and substantially participate in the operation of the farm; and (II) in the case of a loan made to a corporation, has stockholders who all qualify individually as beginning farmers; (E) in the case of an applicant seeking to become an owner and operator of a farm— (i) in the case of a loan made to an individual, individually or with the immediate family of the applicant, will— (I) materially and substantially participate in the operation of the farm; and (II) provide substantial day-to-day labor and management of the farm, consistent with the practices in the State or county in which the farm is located; or (ii) (I) in the case of a loan made to a cooperative, corporation, partnership, or joint operation, will have members, stockholders, partners, or joint operators who will materially and substantially participate in the operation of the farm; and (II) in the case of a loan made to a corporation, has stockholders who will all qualify individually as beginning farmers; (F) agrees to participate in such loan assessment, borrower training, and financial management programs as the Secretary may require; (G) (i) does not own farm land; or (ii) directly or through interests in family farm corporations, owns farm land, the aggregate acreage of which does not exceed 30 percent of the average acreage of the farms, as the case may be, in the county in which the farm operations of the applicant are located, as reported in the most recent census of agriculture taken in accordance with the Census of Agriculture Act of 1997 ( 7 U.S.C. 2204g et seq. ), except that this subparagraph shall not apply to a loan made or guaranteed under chapter 2 of subtitle A; and (H) demonstrates that the available resources of the applicant and any spouse of the applicant are not sufficient to enable the applicant to farm on a viable scale. (27) Recreational purpose For purposes of section 3410, the term recreational purpose has the meaning provided by the Secretary, but shall include hunting. (28) Rural and rural area (A) In general Subject to any determination made under subparagraph (B), the terms rural’ and ‘rural area mean any area other than— (i) a city or town that has a population of greater than 50,000 inhabitants; and (ii) any urbanized area contiguous and adjacent to a city or town described in clause (i). (B) Determination of areas rural in character (i) In general If part of an area described in subparagraph (A)(ii) was eligible under the definitions of the terms rural and rural area in section 343 (as in effect on the day before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ) for community facility, water and waste disposal, and broadband programs, that area shall remain eligible unless the Secretary, acting through the Under Secretary for Rural Development (referred to in this subparagraph as the Under Secretary ), determines the area is no longer rural, based on the criteria described in clause (iii). (ii) Other areas On petition of a unit of local government in an urbanized area described in subparagraph (A)(ii), or on the initiative of the Under Secretary, the Under Secretary may determine that part of an area is rural, based on the criteria described in clause (iii). (iii) Criteria In making a determination under clause (i), the Under Secretary shall consider— (I) population density; (II) economic conditions, favoring a rural determination for areas facing— (aa) chronic unemployment in excess of statewide averages; (bb) sudden loss of employment from natural disaster or the loss of a significant employer in the area; or (cc) chronic poverty demonstrated at the census block or county level compared to statewide median household income; and (III) commuting patterns, favoring a rural determination for areas that can demonstrate higher proportions of the population living and working in the area. (iv) Administration In carrying out this subparagraph, the Under Secretary shall— (I) not delegate the authority to carry out this subparagraph; (II) not make a determination under clause (i) until the date that is 3 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ; (III) consult with the applicable rural development State or regional director of the Department and the Governor of the respective State; (IV) provide an opportunity to appeal to the Under Secretary a determination made under this subparagraph; (V) release to the public notice of a petition filed or initiative of the Under Secretary under this subparagraph not later than 30 days after receipt of the petition or the commencement of the initiative, as appropriate; (VI) make a determination under this subparagraph not less than 15 days, and not more than 60 days, after the release of the notice under subclause (V); and (VII) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on actions taken to carry out this subparagraph. (v) Hawaii and Puerto Rico Notwithstanding any other provision of this subsection, within the areas of the County of Honolulu, Hawaii, and the Commonwealth of Puerto Rico, the Under Secretary may designate any part of the areas as a rural area if the Under Secretary determines that the part is not urban in character, other than any area included in the Honolulu Census Designated Place or the San Juan Census Designated Place. (C) Exclusions Notwithstanding any other provision of this paragraph, in determining which census blocks in an urbanized area are not in a rural area (as defined in this paragraph), the Secretary shall exclude any cluster of census blocks that would otherwise be considered not in a rural area only because the cluster is adjacent to not more than 2 census blocks that are otherwise considered not in a rural area under this paragraph. (29) Seasoned direct loan borrower The term seasoned direct loan borrower means a borrower who could reasonably be expected to qualify for commercial credit using criteria determined by the Secretary. (30) Secretary The term Secretary means the Secretary of Agriculture. (31) Socially disadvantaged farmer The term socially disadvantaged farmer means a farmer who is a member of a socially disadvantaged group. (32) Socially disadvantaged group The term socially disadvantaged group means a group whose members have been subjected to racial, ethnic, or gender prejudice because of the identity of the members as members of a group without regard to the individual qualities of the members. (33) Solar energy The term solar energy means energy derived from sources (other than fossil fuels) and technologies included in the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5901 et seq.). (34) State The term State means— (A) in this title (other than subtitle A), each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and (B) in subtitle A, each of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and, to the extent the Secretary determines it to be feasible and appropriate, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. (35) State beginning farmer program The term State beginning farmer program means any program that is— (A) carried out by, or under contract with, a State; and (B) designed to assist qualified beginning farmers in obtaining the financial assistance necessary to enter agriculture and establish viable farming operations. (36) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (37) Wetland The term wetland has the meaning given the term in section 1201(a) of the Food Security Act of 1985 (16 U.S.C. 3801(a)). (38) Wildlife The term wildlife means fish or wildlife (as defined in section 2(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3371(a))). B Rural development 1 Rural community programs 3501. Water and waste disposal loans, loan guarantees, and grants (a) In general The Secretary may make grants and loans and issue loan guarantees (including a guarantee of a loan financed by the net proceeds of a bond described in section 142(a) of the Internal Revenue Code of 1986) to eligible entities described in subsection (b) for projects in rural areas that primarily serve rural residents to provide for— (1) the development, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste; and (2) financial assistance and other aid in the planning of projects for purposes described in paragraph (1). (b) Eligible entities Entities eligible for assistance described in subsection (a) are— (1) associations (including corporations not operated for profit); (2) Indian tribes; (3) public and quasi-public agencies; and (4) in the case of a project to attach an individual property in a rural area to a water system to alleviate a health risk, an individual. (c) Loan and loan guarantee requirements In connection with loans made or guaranteed under this section, the Secretary shall require the applicant— (1) to certify in writing, and the Secretary shall determine, that the applicant is unable to obtain credit elsewhere to finance the actual needs of the applicant at reasonable rates and terms, taking into consideration prevailing private and cooperative rates and terms in the community in or near which the applicant resides for loans for similar purposes and periods of time; and (2) to furnish an appropriate written financial statement. (d) Grant amounts (1) Maximum Except as otherwise provided in this subsection, the amount of any grant made under this section shall not exceed 75 percent of the development cost of the project for which the grant is provided. (2) Grant rate The Secretary shall establish the grant rate for each project in conformity with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— (A) lower community population; (B) higher rates of outmigration; and (C) lower income levels. (3) Local share requirements Grants made under this section may be used to pay the local share requirements of another Federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program. (e) Special grants (1) Revolving funds for financing water and wastewater projects (A) In general The Secretary may make grants to qualified, nonprofit entities in rural areas to capitalize revolving funds for the purpose of providing financing to eligible entities for— (i) predevelopment costs associated with proposed water and wastewater projects or with existing water and wastewater systems; and (ii) short-term costs incurred for replacement equipment, small-scale extension services, or other small capital projects that are not part of the regular operations and maintenance activities of existing water and wastewater systems. (B) Maximum amount of financing The amount of financing made to an eligible entity under this paragraph shall not exceed— (i) $100,000 for costs described in subparagraph (A)(i); and (ii) $100,000 for costs described in subparagraph (A)(ii). (C) Term The term of financing provided to an eligible entity under this paragraph shall not exceed 10 years. (D) Administration The Secretary shall limit the amount of grant funds that may be used by a grant recipient for administrative costs incurred under this paragraph. (E) Annual report A nonprofit entity receiving a grant under this paragraph shall submit to the Secretary an annual report that describes the number and size of communities served and the type of financing provided. (F) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $30,000,000 for each of fiscal years 2014 through 2018. (2) Emergency and imminent community water assistance program (A) In general The Secretary shall provide grants in accordance with this paragraph to assist the residents of rural areas and small communities to secure adequate quantities of safe water— (i) after a significant decline in the quantity or quality of water available from the water supplies of the rural areas and small communities, or when such a decline is imminent; or (ii) when repairs, partial replacement, or significant maintenance efforts on established water systems would remedy— (I) an acute or imminent shortage of quality water; or (II) a significant or imminent decline in the quantity or quality of water that is available. (B) Priority In carrying out subparagraph (A), the Secretary shall— (i) give priority to projects described in subparagraph (A)(i); and (ii) provide at least 70 percent of all grants under this paragraph to those projects. (C) Eligibility To be eligible to obtain a grant under this paragraph, an applicant shall— (i) be a public or private nonprofit entity; and (ii) in the case of a grant made under subparagraph (A)(i), demonstrate to the Secretary that the decline referred to in that subparagraph occurred, or will occur, not later than 2 years after the date on which the application was filed for the grant. (D) Uses (i) In general Grants made under this paragraph may be used— (I) for waterline extensions from existing systems, laying of new waterlines, repairs, significant maintenance, digging of new wells, equipment replacement, and hook and tap fees; (II) for any other appropriate purpose associated with developing sources of, treating, storing, or distributing water; (III) to assist communities in complying with the requirements of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and (IV) to provide potable water to communities through other means. (ii) Joint proposals (I) In general Subject to the restrictions in subparagraph (E), nothing in this paragraph precludes rural communities from submitting joint proposals for emergency water assistance. (II) Consideration of restrictions The restrictions in subparagraph (E) shall be considered in the aggregate, depending on the number of communities involved. (E) Restrictions (i) Maximum income No grant provided under this paragraph shall be used to assist any rural area or community that has a median household income in excess of the State nonmetropolitan median household income according to the most recent decennial census of the United States. (ii) Set-aside for smaller communities Not less than 50 percent of the funds allocated under this paragraph shall be allocated to rural communities with populations that do not exceed 3,000 inhabitants. (F) Maximum grants Grants made under this paragraph may not exceed— (i) in the case of each grant made under subparagraph (A)(i), $500,000; and (ii) in the case of each grant made under subparagraph (A)(ii), $150,000. (G) Full funding Subject to subparagraph (F), grants under this paragraph shall be made in an amount equal to 100 percent of the costs of the projects conducted under this paragraph. (H) Application (i) Nationally competitive application process (I) In general The Secretary shall develop a nationally competitive application process to award grants under this paragraph. (II) Requirements The process shall include criteria for evaluating applications, including population, median household income, and the severity of the decline, or imminent decline, in the quantity or quality of water. (ii) Timing of review of applications (I) Simplified application The application process developed by the Secretary under clause (i) shall include a simplified application form that will permit expedited consideration of an application for a grant filed under this paragraph. (II) Priority review In processing applications for any water or waste grant or loan authorized under this section, the Secretary shall afford priority processing to an application for a grant under this paragraph to the extent funds will be available for an award on the application at the conclusion of priority processing. (III) Timing The Secretary shall, to the maximum extent practicable, review and act on an application under this paragraph not later than 60 days after the date on which the application is submitted to the Secretary. (I) Funding (i) Reservation (I) In general For each fiscal year, not less than 3 nor more than 5 percent of the total amount made available to carry out this section for the fiscal year shall be reserved for grants under this paragraph. (II) Release Funds reserved under subclause (I) for a fiscal year shall be reserved only until July 1 of the fiscal year. (ii) Authorization of appropriations In addition to funds made available under clause (i), there is authorized to be appropriated to carry out this paragraph $35,000,000 for each of fiscal years 2014 through 2018. (3) Water and waste facility loans and grants to alleviate health risks (A) Definition of cooperative In this paragraph, the term cooperative means a cooperative formed specifically for the purpose of the installation, expansion, improvement, or operation of water supply or waste disposal facilities or systems. (B) Loans and grants to persons other than individuals (i) In general The Secretary shall make or guarantee loans and make grants to provide for the conservation, development, use, and control of water (including the extension or improvement of existing water supply systems) and the installation or improvement of drainage or waste disposal facilities and essential community facilities, including necessary related equipment, training, and technical assistance to— (I) rural water supply corporations, cooperatives, or similar entities; (II) Indian tribes on Federal or State reservations and other federally recognized Indian tribes; (III) rural or native villages in the State of Alaska; (IV) native tribal health consortiums; (V) public agencies; and (VI) Native Hawaiian Home Lands. (ii) Eligible projects Loans and grants described in clause (i) shall be available only to provide the described water and waste facilities and services to communities whose residents face significant health risks, as determined by the Secretary, due to the fact that a significant proportion of the residents of the community do not have access to, or are not served by, adequate affordable— (I) water supply systems; or (II) waste disposal facilities. (iii) Matching requirements For entities described under subclauses (III), (IV), or (V) of clause (i) to be eligible to receive a grant for water supply systems or waste disposal facilities, the State in which the project will occur shall provide 25 percent in matching funds from non-Federal sources. (iv) Certain areas targeted (I) In general Loans and grants under clause (i) shall be made only if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of a county or census area— (aa) the per capita income of the residents of which is not more than 70 percent of the national average per capita income, as determined by the Department of Commerce; and (bb) the unemployment rate of the residents of which is not less than 125 percent of the national average unemployment rate, as determined by the Bureau of Labor Statistics. (II) Exceptions Notwithstanding subclause (I), loans and grants under clause (i) may also be made if the loan or grant funds will be used primarily to provide water or waste services, or both, to residents of— (aa) a rural area that was recognized as a colonia as of October 1, 1989; or (bb) an area described under subclause (II), (III), or (VI) of clause (i). (C) Loans and grants to individuals (i) In general The Secretary shall make or guarantee loans and make grants to individuals who reside in a community described in subparagraph (B)(i) for the purpose of extending water supply and waste disposal systems, connecting the systems to the residences of the individuals, or installing plumbing and fixtures within the residences of the individuals to facilitate the use of the water supply and waste disposal systems. (ii) Interest Loans described in clause (i) shall be at a rate of interest no greater than the Federal Financing Bank rate on loans of a similar term at the time the loans are made. (iii) Amortization The repayment of loans described in clause (i) shall be amortized over the expected life of the water supply or waste disposal system to which the residence of the borrower will be connected. (iv) Manner in which loans and grants are to be made Loans and grants to individuals under clause (i) shall be made— (I) directly to the individuals by the Secretary; or (II) to the individuals through the rural water supply corporation, cooperative, or similar entity, or public agency, providing the water supply or waste disposal services, pursuant to regulations issued by the Secretary. (D) Preference The Secretary shall give preference in the awarding of loans and grants under subparagraphs (B) and (C) to entities described in clause (i) of subparagraph (B) that propose to provide water supply or waste disposal services to the residents of Indian reservations, rural or native villages in the State of Alaska, Native Hawaiian Home Lands, and those rural subdivisions commonly referred to as colonias, that are characterized by substandard housing, inadequate roads and drainage, and a lack of adequate water or waste facilities. (E) Relationship to other authority Notwithstanding any other provision of law, the head of any Federal agency may enter into interagency agreements with Federal, State, tribal, and other entities to share resources, including transferring and accepting funds, equipment, or other supplies, to carry out the activities described in this paragraph. (F) Authorization of appropriations There are authorized to be appropriated— (i) for grants under this paragraph, $60,000,000 for each fiscal year; (ii) for loans under this paragraph, $60,000,000 for each fiscal year; and (iii) in addition to grants provided under clause (i), for grants under this section to benefit Indian tribes, $20,000,000 for each fiscal year. (4) Solid waste management grants (A) In general The Secretary may make grants to nonprofit organizations for the provision of regional technical assistance to local and regional governments and related agencies for the purpose of reducing or eliminating pollution of water resources and improving the planning and management of solid waste disposal facilities in rural areas. (B) Technical assistance grant amounts Grants made under this paragraph for the provision of technical assistance shall be made for 100 percent of the cost of the technical assistance. (C) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2014 through 2018. (5) Rural water and wastewater technical assistance and training programs (A) Grants to nonprofits (i) In general The Secretary may make grants to nonprofit organizations to enable the organizations to provide to associations that provide water and wastewater services in rural areas technical assistance and training— (I) to identify, and evaluate alternative solutions to, problems relating to the obtaining, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas; (II) to prepare applications to receive financial assistance for any purpose specified in subsection (a)(1) from any public or private source; and (III) to improve the operation and maintenance practices at any existing works for the storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas. (ii) Selection priority In selecting recipients of grants to be made under clause (i), the Secretary shall give priority to nonprofit organizations that have experience in providing the technical assistance and training described in clause (i) to associations serving rural areas in which— (I) residents have low income; and (II) water supply systems or waste facilities are unhealthful. (iii) Funding (I) In general Except as provided in subclause (II), not less than 1 nor more than 3 percent of any funds made available to carry out water and waste disposal projects described in subsection (a) for any fiscal year shall be reserved for grants under this paragraph. (II) Exception The minimum amount specified in subclause (I) shall not apply if the aggregate amount of grant funds requested by applications that qualify for grants received by the Secretary from eligible nonprofit organizations for the fiscal year totals less than 1 percent of those funds. (B) Rural water and wastewater circuit rider program (i) In general The Secretary shall continue a national rural water and wastewater circuit rider program that— (I) is consistent with the activities and results of the program conducted before January 1, 2012, as determined by the Secretary; and (II) received funding from the Secretary, acting through the Administrator of the Rural Utilities Service. (ii) Authorization of appropriations There is authorized to be appropriated to carry out this subparagraph $25,000,000 for fiscal year 2014 and each fiscal year thereafter. (6) SEARCH Program (A) In general The Secretary may establish a Special Evaluation Assistance for Rural Communities and Households (SEARCH) program to make predevelopment planning grants for feasibility studies, design assistance, and technical assistance, to financially distressed communities in rural areas with populations of 2,500 or fewer inhabitants for water and waste disposal projects described in this section. (B) Terms (i) Documentation With respect to grants made under this paragraph, the Secretary shall require the lowest quantity of documentation practicable. (ii) Matching Notwithstanding any other provision of this section, the Secretary may fund up to 100 percent of the eligible costs of grants provided under this paragraph, as determined by the Secretary. (iii) Funding The Secretary may use not more than 4 percent of the total amount of funds made available for a fiscal year for water, waste disposal, and essential community facility activities under this chapter to carry out this paragraph. (C) Relationship to other authority (i) In general The funds and authorities provided under this paragraph are in addition to any other funds or authorities the Secretary may have to carry out activities described in this section. (ii) Authorized activities The Secretary may furnish financial assistance or other aid in planning projects for the purposes described in subparagraph (A). (f) Priority In making grants and loans, and guaranteeing loans, for water, wastewater, and waste disposal projects under this section, the Secretary shall give priority consideration to projects that serve rural communities that, as determined by the Secretary— (1) have a population of less than 5,500 permanent residents; (2) have a community water, wastewater, or waste disposal system that— (A) is experiencing— (i) an unanticipated reduction in the quality of water, the quantity of water, or the ability to deliver water; or (ii) some other deterioration in the supply of water to the community; (B) is not adequate to meet the needs of the community; and (C) requires immediate corrective action; (3) are experiencing outmigration; (4) have a high percentage of low-income residents; or (5) are isolated from other significant population centers. (g) Curtailment or limitation of service prohibited The service provided or made available through any such association shall not be curtailed or limited by inclusion of the area served by such association within the boundaries of any municipal corporation or other public body, or by the granting of any private franchise for similar service within such area during the term of such loan; nor shall the happening of any such event be the basis of requiring such association to secure any franchise, license, or permit as a condition to continuing to serve the area served by the association at the time of the occurrence of such event. (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. 3502. Community facilities loans, loan guarantees, and grants (a) In general The Secretary may make grants and loans and issue loan guarantees (including a guarantee of a loan financed by the net proceeds of a bond described in section 142(a) of the Internal Revenue Code of 1986) to eligible entities described in subsection (b) for projects in rural areas that primarily serve rural residents to provide for— (1) essential community facilities, including— (A) necessary equipment; (B) recreational developments; and (2) financial assistance and other assistance in the planning of projects for purposes described in this section. (b) Eligible entities Entities eligible for assistance described in subsection (a) are— (1) associations (including corporations not operated for profit); (2) Indian tribes (including groups of individuals described in paragraph (4) of section 815 of the Native American Programs Act of 1974 ( 42 U.S.C. 2992c )); and (3) public and quasi-public agencies. (c) Loan and loan guarantee requirements (1) In general In connection with loans made or guaranteed under this section, the Secretary shall require the applicant— (A) to certify in writing, and the Secretary shall determine, that the applicant is unable to obtain credit elsewhere to finance the actual needs of the applicant; and (B) to furnish an appropriate written financial statement. (2) Debt restructuring and loan servicing for community facility loans The Secretary shall establish and implement a program that is similar to the program established under section 3411, except that the debt restructuring and loan servicing procedures shall apply to delinquent community facility program loans to a hospital or health care facility under subsection (a). (d) Grant amounts (1) Maximum Except as otherwise provided in this subsection, the amount of any grant made under this section shall not exceed 75 percent of the development cost of the project for which the grant is provided. (2) Grant rate The Secretary shall establish the grant rate for each project in conformity with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— (A) low community population; (B) high rates of outmigration; and (C) low-income levels. (3) Local share requirements Grants made under this section may be used to pay the local share requirements of another Federal grant-in-aid program to the extent permitted under the law providing for the grant-in-aid program. (e) Priority In making grants and loans, and guaranteeing loans under this section, the Secretary shall give priority consideration to projects that serve rural communities that— (1) have a population of less than 20,000 permanent residents; (2) are experiencing outmigration; (3) have a high percentage of low-income residents; or (4) are isolated from other significant population centers. (f) Tribal colleges and universities (1) In general The Secretary may make grants to an entity that is a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) )) to provide the Federal share of the cost of developing specific Tribal College or University essential community facilities in rural areas. (2) Federal share The Secretary shall establish the maximum percentage of the cost of the project that may be covered by a grant under this subsection, except that the Secretary may not require non-Federal financial support in an amount that is greater than 5 percent of the total cost of the project. (3) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2014 through 2018. (g) Technical assistance for community facilities projects (1) In general Subject to paragraph (2), the Secretary may use funds made available for community facilities programs authorized under this section to provide technical assistance to applicants and participants for community facilities programs. (2) Funding The Secretary may use not more than 3 percent of the amount of funds made available to participants for a fiscal year for a community facilities program to provide technical assistance described in paragraph (1). (h) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary. 3503. Health care services (a) Purpose The purpose of this section is to address the continued unmet health needs in the Delta region through cooperation among health care professionals, institutions of higher education, research institutions, and other individuals and entities in the region. (b) Definition of eligible entity In this section, the term eligible entity means a consortium of regional institutions of higher education, academic health and research institutes, and economic development entities located in the Delta region that have experience in addressing the health care issues in the region. (c) Grants To carry out the purpose described in subsection (a), the Secretary may award a grant to an eligible entity for— (1) the development of— (A) health care services; (B) health education programs; and (C) health care job training programs; and (2) the development and expansion of public health-related facilities in the Delta region to address longstanding and unmet health needs of the region. (d) Use As a condition of the receipt of the grant, the eligible entity shall use the grant to fund projects and activities described in subsection (c), based on input solicited from local governments, public health care providers, and other entities in the Delta region. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $3,000,000 for each of fiscal years 2014 through 2018. 2 Rural business and cooperative development 3601. Business programs (a) Rural business development grants (1) In general The Secretary may make grants under this subsection to eligible entities described in paragraph (2) in rural areas that primarily serve rural areas for purposes described in paragraph (3). (2) Eligible entities The Secretary may make grants under this subsection to— (A) governmental entities; (B) Indian tribes; and (C) nonprofit entities. (3) Eligible purposes for grants Eligible entities that receive grants under this subsection may use the grant funds for— (A) business opportunity projects that— (i) identify and analyze business opportunities; (ii) identify, train, and provide technical assistance to existing or prospective rural entrepreneurs and managers; (iii) assist in the establishment of new rural businesses and the maintenance of existing businesses, including through business support centers; (iv) conduct regional, community, and local economic development planning and coordination, and leadership development; and (v) establish centers for training, technology, and trade that will provide training to rural businesses in the use of interactive communications technologies to develop international trade opportunities and markets; and (B) projects that support the development of business enterprises that finance or facilitate— (i) the development of small and emerging private business enterprise; (ii) the establishment, expansion, and operation of rural distance learning networks; (iii) the development of rural learning programs that provide educational instruction or job training instruction related to potential employment or job advancement to adult students; and (iv) the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities. (4) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $65,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Value-Added agricultural producer grants (1) Definitions In this subsection: (A) Mid-tier value chain The term mid-tier value chain means a local and regional supply network that links independent producers with businesses and cooperatives that market value-added agricultural products in a manner that— (i) targets and strengthens the profitability and competitiveness of small- and medium-sized farms that are structured as family farms; and (ii) obtains agreement from an eligible agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture that is engaged in the value chain on a marketing strategy. (B) Producer The term producer means a farmer. (C) Value-added agricultural product The term value-added agricultural product means any agricultural commodity or product— (i) that— (I) has undergone a change in physical state; (II) was produced in a manner that enhances the value of the agricultural commodity or product, as demonstrated through a business plan that shows the enhanced value, as determined by the Secretary; (III) is physically segregated in a manner that results in the enhancement of the value of the agricultural commodity or product; (IV) is a source of farm-based renewable energy, including E–85 fuel; or (V) is aggregated and marketed as a locally produced agricultural food product; and (ii) for which, as a result of the change in physical state or the manner in which the agricultural commodity or product was produced, marketed, or segregated— (I) the customer base for the agricultural commodity or product is expanded; and (II) a greater portion of the revenue derived from the marketing, processing, or physical segregation of the agricultural commodity or product is available to the producer of the commodity or product. (2) Grants (A) In general The Secretary may make grants under this subsection to— (i) independent producers of value-added agricultural products; and (ii) an agricultural producer group, farmer cooperative, or majority-controlled producer-based business venture, as determined by the Secretary. (B) Grants to a producer A grantee under subparagraph (A)(i) shall use the grant— (i) to develop a business plan or perform a feasibility study to establish a viable marketing opportunity (including through mid-tier value chains) for value-added agricultural products; or (ii) to provide capital to establish alliances or business ventures that allow the producer to better compete in domestic or international markets. (C) Grants to an agricultural producer group, cooperative or producer-based business venture A grantee under subparagraph (A)(ii) shall use the grant— (i) to develop a business plan for viable marketing opportunities in emerging markets for a value-added agricultural product; or (ii) to develop strategies that are intended to create marketing opportunities in emerging markets for the value-added agricultural product. (D) Award selection (i) Priority In awarding grants under this subsection, the Secretary shall give priority to projects— (I) that contribute to increasing opportunities for operators of small- and medium-sized farms that are structured as family farms; or (II) at least 1/4 of the recipients of which are beginning farmers or socially disadvantaged farmers. (ii) Ranking In evaluating and ranking proposals under this subsection, the Secretary shall provide substantial weight to the priorities described in clause (i). (E) Amount of grant (i) In general The total amount provided to a grant recipient under this subsection shall not exceed $500,000. (ii) Majority-controlled, producer-based business ventures The total amount of all grants provided to majority-controlled, producer-based business ventures under this subsection for a fiscal year shall not exceed 10 percent of the amount of funds used to make all grants for the fiscal year under this subsection. (F) Term The term of a grant under this paragraph shall not exceed 3 years. (G) Simplified application The Secretary shall offer a simplified application form and process for project proposals requesting less than $50,000 under this subsection. (3) Funding (A) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $40,000,000 for each of fiscal years 2014 through 2018. (B) Reservation of funds for projects to benefit beginning farmers, socially disadvantaged farmers, and mid-tier value chains (i) In general The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this subsection to fund projects that benefit beginning farmers or socially disadvantaged farmers. (ii) Mid-tier value chains The Secretary shall reserve 10 percent of the amounts made available for each fiscal year under this subsection to fund applications of eligible entities described in paragraph (2) that propose to develop mid-tier value chains. (iii) Unobligated amounts Any amounts in the reserves for a fiscal year established under clauses (i) and (ii) that are not obligated by June 30 of the fiscal year shall be available to the Secretary to make grants under this subsection to eligible entities in any State, as determined by the Secretary. (C) Mandatory funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this subsection $12,500,000 for each of fiscal years 2014 through 2018, to remain available until expended. (c) Rural cooperative development grants (1) Definitions In this subsection: (A) Nonprofit institution The term nonprofit institution means any organization or institution, including an accredited institution of higher education, no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (B) United States The term United States means— (i) the several States; and (ii) the District of Columbia. (2) Grants The Secretary shall make grants under this subsection to nonprofit institutions for the purpose of enabling the nonprofit institutions to establish and operate centers for rural cooperative development. (3) Goals The goals of a center funded under this subsection shall be to facilitate the creation of jobs in rural areas through the development of new rural cooperatives, value-added processing, and rural businesses. (4) Application (A) In general Any nonprofit institution seeking a grant under paragraph (2) shall submit to the Secretary an application containing a plan for the establishment and operation by the institution of 1 or more centers for cooperative development. (B) Requirements The Secretary may approve an application if the plan contains the following: (i) A provision that substantiates that the center will effectively serve rural areas in the United States. (ii) A provision that the primary objective of the center will be to improve the economic condition of rural areas through cooperative development. (iii) A description of the activities that the center will carry out to accomplish the objective, which may include programs— (I) for applied research and feasibility studies that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (II) for the collection, interpretation, and dissemination of information that may be useful to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (III) providing training and instruction for individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (IV) providing loans and grants to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; (V) providing technical assistance, research services, and advisory services to individuals, cooperatives, small businesses, and other similar entities in rural areas served by the center; and (VI) providing for the coordination of services and sharing of information by the center. (iv) A description of the contributions that the activities are likely to make to the improvement of the economic conditions of the rural areas for which the center will provide services. (v) Provisions that the center, in carrying out the activities, will seek, if appropriate, the advice, participation, expertise, and assistance of representatives of business, industry, educational institutions, the Federal Government, and State and local governments. (vi) Provisions that the center will take all practicable steps to develop continuing sources of financial support for the center, particularly from sources in the private sector. (vii) Provisions for— (I) monitoring and evaluating the activities by the nonprofit institution operating the center; and (II) accounting for funds received by the institution under this section. (5) Awarding grants (A) In general Grants made under paragraph (2) shall be made on a competitive basis. (B) Preference In making grants under paragraph (2), the Secretary shall give preference to grant applications providing for the establishment of centers for rural cooperative development that— (i) demonstrate a proven track record in carrying out activities to promote and assist the development of cooperatively and mutually owned businesses; (ii) demonstrate previous expertise in providing technical assistance in rural areas to promote and assist the development of cooperatively and mutually owned businesses; (iii) demonstrate the ability to assist in the retention of businesses, facilitate the establishment of cooperatives and new cooperative approaches, and generate employment opportunities that will improve the economic conditions of rural areas; (iv) commit to providing technical assistance and other services to underserved and economically distressed areas in rural areas of the United States; (v) demonstrate a commitment to— (I) networking with and sharing the results of the efforts of the center with other cooperative development centers and other organizations involved in rural economic development efforts; and (II) developing multiorganization and multistate approaches to addressing the economic development and cooperative needs of rural areas; and (vi) commit to providing a 25 percent matching contribution with private funds and in-kind contributions, except that the Secretary shall not require non-Federal financial support in an amount that is greater than 5 percent in the case of a 1994 institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103–382 )). (6) Grant period (A) In general A grant awarded to a center that has received no prior funding under this subsection shall be made for a period of 1 year. (B) Multiyear grants If the Secretary determines it to be in the best interest of the program, the Secretary shall award grants for a period of more than 1 year, but not more than 3 years, to a center that has successfully met the requirements of paragraph (5)(B), as determined by the Secretary. (7) Authority to extend grant period The Secretary may extend for 1 additional 12-month period the period during which a grantee may use a grant made under this subsection. (8) Technical assistance to prevent excessive unemployment or underemployment (A) In general In carrying out this subsection, the Secretary may provide technical assistance to alleviate or prevent conditions of excessive unemployment, underemployment, outmigration, or low employment growth in economically distressed rural areas that the Secretary determines have a substantial need for the assistance. (B) Inclusions The assistance may include planning and feasibility studies, management and operational assistance, and studies evaluating the need for the development potential of projects that increase employment and improve economic growth in the areas. (9) Grants to defray administrative costs (A) In general The Secretary may make grants to defray not to exceed 75 percent of the costs incurred by organizations and public bodies to carry out projects for which grants or loans are made under this subsection. (B) Cost-sharing For purposes of determining the non-Federal share of the costs, the Secretary shall include contributions in cash and in kind, fairly evaluated, including premises, equipment, and services. (10) Cooperative research program The Secretary shall offer to enter into a cooperative research agreement with 1 or more qualified academic institutions in each fiscal year to conduct research on the effects of all types of cooperatives on the national economy. (11) Addressing needs of minority communities (A) In general If the total amount appropriated under paragraph (13) for a fiscal year exceeds $7,500,000, the Secretary shall reserve an amount equal to 20 percent of the total amount appropriated for grants for cooperative development centers, individual cooperatives, or groups of cooperatives— (i) that serve socially disadvantaged groups; and (ii) a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups. (B) Insufficient applications To the extent there are insufficient applications to carry out subparagraph (A), the Secretary shall use the funds as otherwise authorized by this subsection. (12) Interagency working group Not later than 90 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary shall coordinate and chair an interagency working group to foster cooperative development and ensure coordination with Federal agencies and national and local cooperative organizations that have cooperative programs and interests. (13) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. (d) Appropriate technology transfer for rural areas program (1) Definition of national nonprofit agricultural assistance institution In this subsection, the term national nonprofit agricultural assistance institution means an organization that— (A) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under 501(a) of that Code; (B) has staff and offices in multiple regions of the United States; (C) has experience and expertise in operating national agricultural technical assistance programs; (D) expands markets for the agricultural commodities produced by producers through the use of practices that enhance the environment, natural resource base, and quality of life; and (E) improves the economic viability of agricultural operations. (2) Establishment The Secretary shall establish a national appropriate technology transfer for rural areas program to assist agricultural producers that are seeking information— (A) to reduce input costs; (B) to conserve energy resources; (C) to diversify operations through new energy crops and energy generation facilities; and (D) to expand markets for agricultural commodities produced by the producers by using practices that enhance the environment, natural resource base, and quality of life. (3) Implementation (A) In general The Secretary shall carry out the program under this subsection by making a grant to, or offering to enter into a cooperative agreement with, a national nonprofit agricultural assistance institution. (B) Grant amount A grant made, or cooperative agreement entered into, under subparagraph (A) shall provide 100 percent of the cost of providing information described in paragraph (2). (4) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2014 through 2018. (e) Business and industry direct and guaranteed loans (1) Definition of business and industry loan In this section, the term business and industry loan means a direct loan that is made, or a loan that is guaranteed, by the Secretary under this subsection. (2) Loan purposes The Secretary may make business and industry loans to public, private, or cooperative organizations organized for profit or nonprofit, private investment funds that invest primarily in cooperative organizations, or to individuals— (A) to improve, develop, or finance business, industry, and employment and improve the economic and environmental climate in rural communities, including pollution abatement and control; (B) to conserve, develop, and use water for aquaculture purposes in rural areas; and (C) to reduce the reliance on nonrenewable energy resources by encouraging the development and construction of renewable energy systems (including solar energy systems, wind energy systems, and anaerobic digestors for the purpose of energy generation), including the modification of existing systems, in rural areas. (3) Loan guarantees for certain loans The Secretary may guarantee loans made under this subsection to finance the issuance of bonds for the projects described in paragraph (2). (4) Maximum amount of principal (A) In general Except as otherwise provided in this paragraph, no loan may be made or guaranteed under this subsection that exceeds $25,000,000 in principal amount. (B) Limitations on loan guarantees for cooperative organizations (i) Principal amount Subject to clause (ii), the principal amount of a business and industry loan made to a cooperative organization and guaranteed under this subsection shall not exceed $40,000,000. (ii) Use To be eligible for a guarantee under this subsection for a business and industry loan made to a cooperative organization, the principal amount of the loan in excess of $25,000,000 shall be used to carry out a project that is in a rural area and— (I) provides for the value-added processing of agricultural commodities; or (II) significantly benefits 1 or more entities eligible for assistance for the purposes described in paragraph (2), as determined by the Secretary. (iii) Applications If a cooperative organization submits an application for a guarantee under this paragraph, the Secretary shall make the determination whether to approve the application, and the Secretary may not delegate this authority. (iv) Maximum amount The total amount of business and industry loans made to cooperative organizations and guaranteed for a fiscal year under this subsection with principal amounts that are in excess of $25,000,000 may not exceed 10 percent of the total amount of business and industry loans guaranteed for the fiscal year under this subsection. (5) Fees The Secretary may assess a 1-time fee and an annual renewal 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. (6) Intangible assets In determining whether a cooperative organization is eligible for a guaranteed business and industry loan, the Secretary may consider the market value of a properly appraised brand name, patent, or trademark of the cooperative. (7) Loan appraisals The Secretary may require that any appraisal made in connection with a business and industry loan be conducted by a specialized appraiser that uses standards that are comparable to standards used for similar purposes in the private sector, as determined by the Secretary. (8) Loan guarantees for the purchase of cooperative stock (A) In general The Secretary may guarantee a business and industry loan to individual farmers to purchase capital stock of a farmer cooperative established for the purpose of processing an agricultural commodity. (B) Processing contracts during initial period A cooperative described in subparagraph (A) for which a farmer receives a guarantee to purchase stock under that subparagraph may contract for services to process agricultural commodities or otherwise process value added for the period beginning on the date of the startup of the cooperative in order to provide adequate time for the planning and construction of the processing facility of the cooperative. (C) Financial information Financial information required by the Secretary from a farmer as a condition of making a business and industry loan guarantee under this paragraph shall be provided in the manner generally required by commercial agricultural lenders in the applicable area. (9) Loans to cooperatives (A) Eligibility (i) In general The Secretary may make or guarantee a business and industry loan to a cooperative organization that is headquartered in a metropolitan area if the loan is— (I) used for a project or venture described in paragraph (2) that is located in a rural area; or (II) a loan guarantee that meets the requirements of paragraph (10). (ii) Equity The Secretary may guarantee a loan made for the purchase of preferred stock or similar equity issued by a cooperative organization or a fund that invests primarily in cooperative organizations, if the guarantee significantly benefits 1 or more entities eligible for assistance for the purposes described in paragraph (2)(A), as determined by the Secretary. (B) Refinancing A cooperative organization that is eligible for a business and industry loan shall be eligible to refinance an existing business and industry loan with a lender if— (i) the cooperative organization— (I) is current and performing with respect to the existing loan; and (II) (aa) is not, and has not been, in payment default, with respect to the existing loan; or (bb) has not converted any of the collateral with respect to the existing loan; and (ii) there is adequate security or full collateral for the refinanced loan. (10) Loan guarantees in nonrural areas The Secretary may guarantee a business and industry loan to a cooperative organization for a facility that is not located in a rural area if— (A) the primary purpose of the loan guarantee is for a facility to provide value-added processing for agricultural producers that are located within 80 miles of the facility; (B) the applicant demonstrates to the Secretary that the primary benefit of the loan guarantee will be to provide employment for residents of a rural area; and (C) the total amount of business and industry loans guaranteed for a fiscal year under this paragraph does not exceed 10 percent of the business and industry loans guaranteed for the fiscal year under this subsection. (11) Locally or regionally produced agricultural food products (A) Definitions In this paragraph: (i) Locally or regionally produced agricultural food product The term locally or regionally produced agricultural food product means any agricultural food product that is raised, produced, and distributed in— (I) the locality or region in which the final product is marketed, so that the total distance that the product is transported is less than 400 miles from the origin of the product; or (II) the State in which the product is produced. (ii) Underserved community The term underserved community means a community (including an urban or rural community and an Indian tribal community) that, as determined by the Secretary, has— (I) limited access to affordable, healthy foods, including fresh fruits and vegetables, in grocery retail stores or farmer-to-consumer direct markets; and (II) a high rate of hunger or food insecurity or a high poverty rate. (B) Loan and loan guarantee program (i) In general The Secretary shall make or guarantee loans to individuals, cooperatives, cooperative organizations, businesses, and other entities to establish and facilitate enterprises that process, distribute, aggregate, store, and market locally or regionally produced agricultural food products to support community development and farm income. (ii) Requirement The recipient of a loan or loan guarantee under this paragraph shall include in an appropriate agreement with retail and institutional facilities to which the recipient sells locally or regionally produced agricultural food products a requirement to inform consumers of the retail or institutional facilities that the consumers are purchasing or consuming locally or regionally produced agricultural food products. (iii) Priority In making or guaranteeing a loan under this paragraph, the Secretary shall give priority to projects that have components benefitting underserved communities. (iv) Reports Not later than 2 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, and publish on the Internet, a report that describes projects carried out using loans or loan guarantees made under clause (i), including— (I) summary information about all projects; (II) the characteristics of the communities served; and (III) resulting benefits. (v) Reservation of funds For each of fiscal years 2014 through 2018, the Secretary shall reserve not less than 5 percent of the total amount of funds made available to carry out this subsection to carry out this paragraph until April 1 of the fiscal year. (vi) Outreach The Secretary shall develop and implement an outreach plan to publicize the availability of loans and loan guarantees under this paragraph, working closely with rural cooperative development centers, credit unions, community development financial institutions, regional economic development authorities, and other financial and economic development entities. (12) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $75,000,000 for each of fiscal years 2014 through 2018. (f) Relending programs (1) Intermediate relending program (A) In general The Secretary may make or guarantee loans to eligible entities described in subparagraph (B) so that the eligible entities may relend the funds to individuals and entities for the purposes described in subparagraph (C). (B) Eligible entities Entities eligible for loans and loan guarantees described in subparagraph (A) are— (i) public agencies; (ii) Indian tribes; (iii) cooperatives; and (iv) nonprofit corporations. (C) Eligible purposes The proceeds from loans made or guaranteed by the Secretary pursuant to subparagraph (A) may be relent by eligible entities for projects that— (i) predominately serve communities in rural areas; and (ii) as determined by the Secretary— (I) promote community development; (II) establish new businesses; (III) establish and support microlending programs; and (IV) create or retain employment opportunities. (D) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. (2) Rural microentrepreneur assistance program (A) Definitions In this paragraph: (i) Microentrepreneur The term microentrepreneur means an owner and operator, or prospective owner and operator, of a rural microenterprise who is unable to obtain sufficient training, technical assistance, or credit other than under this subsection, as determined by the Secretary. (ii) Microenterprise development organization The term microenterprise development organization means an organization that is— (I) a nonprofit entity; (II) an Indian tribe, the tribal government of which certifies to the Secretary that— (aa) no microenterprise development organization serves the Indian tribe; and (bb) no rural microentrepreneur assistance program exists under the jurisdiction of the Indian tribe; (III) a public institution of higher education; or (IV) a collaboration of rural nonprofit entities serving a region or State, if 1 lead nonprofit entity is the sole underwriter of all loans and is responsible for associated risks. (iii) Microloan The term microloan means a business loan of not more than $50,000 that is provided to a rural microenterprise. (iv) Program The term program means the rural microentrepreneur assistance program established under subparagraph (B). (v) Rural microenterprise The term rural microenterprise means a business entity with not more than 10 full-time equivalent employees located in a rural area. (vi) Training The term training means teaching broad business principles or general business skills in a group or public setting. (vii) Technical assistance The term technical assistance means working with a business client in a 1-to-1 manner to provide business and financial management counseling, assist in the preparation of business or marketing plans, or provide other skills tailored to an individual microentrepreneur. (B) Rural microentrepreneur assistance program (i) Establishment The Secretary shall establish a rural microentrepreneur assistance program to provide loans and grants to support microentrepreneurs in the development and ongoing success of rural microenterprises. (ii) Purpose The purpose of the program is to provide microentrepreneurs with— (I) the skills necessary to establish new rural microenterprises; and (II) continuing technical and financial assistance related to the successful operation of rural microenterprises. (iii) Loans (I) In general The Secretary shall make loans to microenterprise development organizations for the purpose of providing fixed-interest rate microloans to microentrepreneurs for startup and growing rural microenterprises. (II) Loan terms A loan made by the Secretary to a microenterprise development organization under this subparagraph shall— (aa) be for a term not to exceed 20 years; and (bb) bear an annual interest rate of at least 1 percent. (III) Loan loss reserve fund The Secretary shall require each microenterprise development organization that receives a loan under this subparagraph to— (aa) establish a loan loss reserve fund; and (bb) maintain the reserve fund in an amount equal to at least 5 percent of the outstanding balance of such loans owed by the microenterprise development organization, until all obligations owed to the Secretary under this subparagraph are repaid. (IV) Deferral of interest and principal The Secretary may permit the deferral of payments on principal and interest due on a loan to a microenterprise development organization made under this paragraph for a 2-year period beginning on the date on which the loan is made. (iv) Grants to support rural microenterprise development (I) In general The Secretary shall make grants to microenterprise development organizations— (aa) to provide training and technical assistance, and other related services to rural microentrepreneurs; and (bb) to carry out such other projects and activities as the Secretary determines appropriate to further the purposes of the program. (II) Selection In making grants under subclause (I), the Secretary shall— (aa) place an emphasis on microenterprise development organizations that serve microentrepreneurs that are located in rural areas that have suffered significant outward migration, as determined by the Secretary; and (bb) ensure, to the maximum extent practicable, that grant recipients include microenterprise development organizations of varying sizes and that serve racially and ethnically diverse populations. (v) Grants to assist microentrepreneurs (I) In general The Secretary shall make annual grants to microenterprise development organizations to provide technical assistance to microentrepreneurs that— (aa) received a loan from the microenterprise development organization under subparagraph (B)(iii); or (bb) are seeking a loan from the microenterprise development organization under subparagraph (B)(iii). (II) Maximum amount of technical assistance grant The maximum amount of a grant under this clause shall be in an amount equal to not more than 25 percent of the total outstanding balance of microloans made by the microenterprise development organization under clause (iii), as of the date the grant is awarded. (vi) Administrative expenses Not more than 10 percent of a grant received by a microenterprise development organization for a fiscal year under this subparagraph may be used to pay administrative expenses. (C) Administration (i) Matching requirement As a condition of any grant made under clauses (iv) and (v) of subparagraph (B), the Secretary shall require the microenterprise development organization to match not less than 15 percent of the total amount of the grant in the form of matching funds (including community development block grants), indirect costs, or in-kind goods or services. (ii) Oversight At a minimum, not later than December 1 of each fiscal year, a microenterprise development organization that receives a loan or grant under this section shall provide to the Secretary such information as the Secretary may require to ensure that assistance provided under this section is used for the purposes for which the loan or grant was made. (D) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $40,000,000 for each of fiscal years 2014 through 2018. (E) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this paragraph $3,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. 3602. Rural Business Investment Program (a) Definitions In this section: (1) Articles The term articles means articles of incorporation for an incorporated body or the functional equivalent or other similar documents specified by the Secretary for other business entities. (2) Developmental venture capital The term developmental venture capital means capital in the form of equity capital investments in rural business investment companies with an objective of fostering economic development in rural areas. (3) Employee welfare benefit plan; pension plan (A) In general The terms employee welfare benefit plan and pension plan have the meanings given the terms in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002). (B) Inclusions The terms employee welfare benefit plan and pension plan include— (i) public and private pension or retirement plans subject to this subtitle; and (ii) similar plans not covered by this subtitle that have been established, and that are maintained, by the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State) for the benefit of employees. (4) Equity capital The term equity capital means common or preferred stock or a similar instrument, including subordinated debt with equity features. (5) Leverage The term leverage includes— (A) debentures purchased or guaranteed by the Secretary; (B) participating securities purchased or guaranteed by the Secretary; and (C) preferred securities outstanding as of the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . (6) License The term license means a license issued by the Secretary in accordance with in subsection (d)(5). (7) Limited liability company The term limited liability company means a business entity that is organized and operating in accordance with a State limited liability company law approved by the Secretary. (8) Member The term member means, with respect to a rural business investment company that is a limited liability company, a holder of an ownership interest, or a person otherwise admitted to membership in the limited liability company. (9) Operational assistance The term operational assistance means management, marketing, and other technical assistance that assists a rural business concern with business development. (10) Participation agreement The term participation agreement means an agreement, between the Secretary and a rural business investment company granted final approval under subsection (d)(5), that requires the rural business investment company to make investments in smaller enterprises in rural areas. (11) Private capital (A) In general The term private capital means the total of— (i) (I) the paid-in capital and paid-in surplus of a corporate rural business investment company; (II) the contributed capital of the partners of a partnership rural business investment company; or (III) the equity investment of the members of a limited liability company rural business investment company; and (ii) unfunded binding commitments from investors that meet criteria established by the Secretary to contribute capital to the rural business investment company, except that— (I) unfunded commitments may be counted as private capital for purposes of approval by the Secretary of any request for leverage; but (II) leverage shall not be funded based on the commitments. (B) Exclusions The term private capital does not include— (i) any funds borrowed by a rural business investment company from any source; (ii) any funds obtained through the issuance of leverage; or (iii) any funds obtained directly or indirectly from the Federal Government or any State (including by a political subdivision, agency, or instrumentality of the Federal Government or a State), except for— (I) funds obtained from the business revenues (excluding any governmental appropriation) of any Federally chartered or government-sponsored enterprise established prior to the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 ; (II) funds invested by an employee welfare benefit plan or pension plan; and (III) any qualified nonprivate funds (if the investors of the qualified nonprivate funds do not control, directly or indirectly, the management, board of directors, general partners, or members of the rural business investment company). (12) Qualified nonprivate funds The term qualified nonprivate funds means any— (A) funds directly or indirectly invested in any applicant or rural business investment company on or before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 by any Federal agency, other than the Department, under a provision of law explicitly mandating the inclusion of those funds in the definition of the term private capital ; and (B) funds invested in any applicant or rural business investment company by 1 or more entities of any State (including by a political subdivision, agency, or instrumentality of the State and including any guarantee extended by those entities) in an aggregate amount that does not exceed 33 percent of the private capital of the applicant or rural business investment company. (13) Rural business concern The term rural business concern means— (A) a public, private, or cooperative for-profit or nonprofit organization; (B) a for-profit or nonprofit business controlled by an Indian tribe; or (C) any other person or entity that primarily operates in a rural area, as determined by the Secretary. (14) Rural business investment company The term rural business investment company means a company that— (A) has been granted final approval by the Secretary under subsection (d)(5); and (B) has entered into a participation agreement with the Secretary. (15) Smaller enterprise (A) In general The term smaller enterprise means any rural business concern that, together with its affiliates— (i) has— (I) a net financial worth of not more than $6,000,000, as of the date on which assistance is provided under this section to the rural business concern; and (II) except as provided in subparagraph (B), an average net income for the 2-year period preceding the date on which assistance is provided under this section to the rural business concern, of not more than $2,000,000, after Federal income taxes (excluding any carryover losses); or (ii) satisfies the standard industrial classification size standards established by the Administrator of the Small Business Administration for the industry in which the rural business concern is primarily engaged. (B) Exception For purposes of subparagraph (A)(i)(II), if the rural business concern is not required by law to pay Federal income taxes at the enterprise level, but is required to pass income through to the shareholders, partners, beneficiaries, or other equitable owners of the business concern, the net income of the business concern shall be determined by allowing a deduction in an amount equal to the total of— (i) if the rural business concern is not required by law to pay State (and local, if any) income taxes at the enterprise level, the product obtained by multiplying— (I) the net income (determined without regard to this subparagraph); by (II) the marginal State income tax rate (or by the combined State and local income tax rates, as applicable) that would have applied if the business concern were a corporation; and (ii) the product obtained by multiplying— (I) the net income (so determined) less any deduction for State (and local) income taxes calculated under clause (i); by (II) the marginal Federal income tax rate that would have applied if the rural business concern were a corporation. (b) Purposes The purposes of the Rural Business Investment Program established under this section are— (1) to promote economic development and the creation of wealth and job opportunities in rural areas and among individuals living in those areas by encouraging developmental venture capital investments in smaller enterprises primarily located in rural areas; and (2) to establish a developmental venture capital program, with the mission of addressing the unmet equity investment needs of small enterprises located in rural areas, by authorizing the Secretary— (A) to enter into participation agreements with rural business investment companies; (B) to guarantee debentures of rural business investment companies to enable each rural business investment company to make developmental venture capital investments in smaller enterprises in rural areas; and (C) to make grants to rural business investment companies, and to other entities, for the purpose of providing operational assistance to smaller enterprises financed, or expected to be financed, by rural business investment companies. (c) Establishment In accordance with this subtitle, the Secretary shall establish a Rural Business Investment Program, under which the Secretary may— (1) enter into participation agreements with companies granted final approval under subsection (d)(5) for the purposes described in subsection (b); (2) guarantee the debentures issued by rural business investment companies as provided in subsection (e); and (3) make grants to rural business investment companies, and to other entities, under subsection (h). (d) Selection of rural business investment companies (1) Eligibility A company shall be eligible to apply to participate, as a rural business investment company, in the program established under this section if— (A) the company is a newly formed for-profit entity or a newly formed for-profit subsidiary of such an entity; (B) the company has a management team with experience in community development financing or relevant venture capital financing; and (C) the company will invest in enterprises that will create wealth and job opportunities in rural areas, with an emphasis on smaller enterprises. (2) Application To participate, as a rural business investment company, in the program established under this section, a company meeting the eligibility requirements of paragraph (1) shall submit an application to the Secretary that includes— (A) a business plan describing how the company intends to make successful developmental venture capital investments in identified rural areas; (B) information regarding the community development finance or relevant venture capital qualifications and general reputation of the management of the company; (C) a description of how the company intends to work with community-based organizations and local entities (including local economic development companies, local lenders, and local investors) and to seek to address the unmet equity capital needs of the communities served; (D) a proposal describing how the company intends to use the grant funds provided under this section to provide operational assistance to smaller enterprises financed by the company, including information regarding whether the company intends to use licensed professionals, as necessary, on the staff of the company or from an outside entity; (E) with respect to binding commitments to be made to the company under this section, an estimate of the ratio of cash to in-kind contributions; (F) a description of the criteria to be used to evaluate whether and to what extent the company meets the purposes of the program established under this section; (G) information regarding the management and financial strength of any parent firm, affiliated firm, or any other firm essential to the success of the business plan of the company; and (H) such other information as the Secretary may require. (3) Status Not later than 90 days after the initial receipt by the Secretary of an application under this subsection, the Secretary shall provide to the applicant a written report describing the status of the application and any requirements remaining for completion of the application. (4) Matters considered In reviewing and processing any application under this subsection, the Secretary shall— (A) determine whether— (i) the applicant meets the requirements of paragraph (5); and (ii) the management of the applicant is qualified and has the knowledge, experience, and capability necessary to comply with this section; (B) take into consideration— (i) the need for and availability of financing for rural business concerns in the geographic area in which the applicant is to commence business; (ii) the general business reputation of the owners and management of the applicant; and (iii) the probability of successful operations of the applicant, including adequate profitability and financial soundness; and (C) not take into consideration any projected shortage or unavailability of grant funds or leverage. (5) Approval; license (A) In general Except as provided in subparagraph (B), the Secretary may approve an applicant to operate as a rural business investment company under this subtitle and license the applicant as a rural business investment company, if— (i) the Secretary determines that the application satisfies the requirements of paragraph (2); (ii) the area in which the rural business investment company is to conduct its operations, and establishment of branch offices or agencies (if authorized by the articles), are approved by the Secretary; and (iii) the applicant enters into a participation agreement with the Secretary. (B) Capital requirements (i) In general Notwithstanding any other provision of this section, the Secretary may approve an applicant to operate as a rural business investment company under this section and designate the applicant as a rural business investment company, if the Secretary determines that the applicant— (I) has private capital as determined by the Secretary; (II) would otherwise be approved under this section, except that the applicant does not satisfy the requirements of subsection (i)(3); and (III) has a viable business plan that— (aa) reasonably projects profitable operations; and (bb) has a reasonable timetable for achieving a level of private capital that satisfies the requirements of subsection (i)(3). (ii) Leverage An applicant approved under clause (i) shall not be eligible to receive leverage under this section until the applicant satisfies the requirements of section 3602(i)(3). (iii) Grants An applicant approved under clause (i) shall be eligible for grants under subsection (h) in proportion to the private capital of the applicant, as determined by the Secretary. (e) Debentures (1) In general The Secretary may guarantee the timely payment of principal and interest, as scheduled, on debentures issued by any rural business investment company. (2) Terms and conditions The Secretary may make guarantees under this subsection on such terms and conditions as the Secretary considers appropriate, except that the term of any debenture guaranteed under this section shall not exceed 15 years. (3) Full faith and credit of the United States Section 3901 shall apply to any guarantee under this subsection. (4) Maximum guarantee Under this subsection, the Secretary may— (A) guarantee the debentures issued by a rural business investment company only to the extent that the total face amount of outstanding guaranteed debentures of the rural business investment company does not exceed the lesser of— (i) 300 percent of the private capital of the rural business investment company; or (ii) $105,000,000; and (B) provide for the use of discounted debentures. (f) Issuance and guarantee of trust certificates (1) Issuance The Secretary may issue trust certificates representing ownership of all or a fractional part of debentures issued by a rural business investment company and guaranteed by the Secretary under this section, if the certificates are based on and backed by a trust or pool approved by the Secretary and composed solely of guaranteed debentures. (2) Guarantee (A) In general The Secretary may, under such terms and conditions as the Secretary considers appropriate, guarantee the timely payment of the principal of and interest on trust certificates issued by the Secretary or agents of the Secretary for purposes of this subsection. (B) Limitation Each guarantee under this paragraph shall be limited to the extent of principal and interest on the guaranteed debentures that compose the trust or pool. (C) Prepayment or default (i) In general (I) Authority to prepay A debenture may be prepaid at any time without penalty. (II) Reduction of guarantee Subject to subclause (I), if a debenture in a trust or pool is prepaid, or in the event of default of such a debenture, the guarantee of timely payment of principal and interest on the trust certificates shall be reduced in proportion to the amount of principal and interest the prepaid debenture represents in the trust or pool. (ii) Interest Interest on prepaid or defaulted debentures shall accrue and be guaranteed by the Secretary only through the date of payment of the guarantee. (iii) Redemption At any time during the term of a trust certificate, the trust certificate may be called for redemption due to prepayment or default of all debentures. (3) Full faith and credit of the United States Section 3901 shall apply to any guarantee of a trust certificate issued by the Secretary under this section. (4) Subrogation and ownership rights (A) Subrogation If the Secretary pays a claim under a guarantee issued under this section, the claim shall be subrogated fully to the rights satisfied by the payment. (B) Ownership rights No Federal, State, or local law shall preclude or limit the exercise by the Secretary of the ownership rights of the Secretary in a debenture residing in a trust or pool against which 1 or more trust certificates are issued under this subsection. (5) Management and administration (A) Registration The Secretary shall provide for a central registration of all trust certificates issued under this subsection. (B) Creation of pools The Secretary may— (i) maintain such commercial bank accounts or investments in obligations of the United States as may be necessary to facilitate the creation of trusts or pools backed by debentures guaranteed under this subtitle; and (ii) issue trust certificates to facilitate the creation of those trusts or pools. (C) Fidelity bond or insurance requirement Any agent performing functions on behalf of the Secretary under this paragraph shall provide a fidelity bond or insurance in such amount as the Secretary considers to be necessary to fully protect the interests of the United States. (D) Regulation of brokers and dealers The Secretary may regulate brokers and dealers in trust certificates issued under this subsection. (E) Electronic registration Nothing in this paragraph prohibits the use of a book-entry or other electronic form of registration for trust certificates issued under this subsection. (g) Fees (1) In general The Secretary may charge a fee that does not exceed $500 with respect to any guarantee or grant issued under this section. (2) Trust certificate Notwithstanding paragraph (1), the Secretary shall not collect a fee for any guarantee of a trust certificate under subsection (f), except that any agent of the Secretary may collect a fee that does not exceed $500 for the functions described in subsection (f)(5)(B). (3) License (A) In general Except as provided in subparagraph (C), the Secretary may prescribe fees to be paid by each applicant for a license to operate as a rural business investment company under this section. (B) Use of amounts Fees collected under this paragraph— (i) shall be deposited in the account for salaries and expenses of the Secretary; (ii) are authorized to be appropriated solely to cover the costs of licensing examinations; and (iii) shall— (I) in the case of a license issued before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , not exceed $500 for any fee collected under this paragraph; and (II) in the case of a license issued after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , be a rate as determined by the Secretary. (C) Prohibition on collection of certain fees In the case of a license described in subparagraph (A) that was approved before July 1, 2007, the Secretary shall not collect any fees due on or after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . (h) Operational assistance grants (1) In general In accordance with this subsection, the Secretary may make grants to rural business investment companies and to other entities, as authorized by this section, to provide operational assistance to smaller enterprises financed, or expected to be financed, by the entities. (2) Terms Grants made under this subsection shall be made over a multiyear period (not to exceed 10 years) under such terms as the Secretary may require. (3) Use of funds The proceeds of a grant made under this subsection may be used by the rural business investment company receiving the grant only to provide operational assistance in connection with an equity or prospective equity investment in a business located in a rural area. (4) Submission of plans A rural business investment company shall be eligible for a grant under this subsection only if the rural business investment company submits to the Secretary, in such form and manner as the Secretary may require, a plan for use of the grant. (5) Grant amount (A) Rural business investment companies The amount of a grant made under this subsection to a rural business investment company shall be equal to the lesser of— (i) 10 percent of the private capital raised by the rural business investment company; or (ii) $1,000,000. (6) Other entities The amount of a grant made under this subsection to any entity other than a rural business investment company shall be equal to the resources (in cash or inkind) raised by the entity in accordance with the requirements applicable to rural business investment companies under this section. (i) Rural business investment companies (1) Organization For purposes of this subsection, a rural business investment company shall— (A) be an incorporated body, a limited liability company, or a limited partnership organized and chartered or otherwise existing under State law solely for the purpose of performing the functions and conducting the activities authorized by this section; and (B) (i) if incorporated, have succession for a period of not less than 30 years unless earlier dissolved by the shareholders of the rural business investment company; and (ii) if a limited partnership or a limited liability company, have succession for a period of not less than 10 years; and (iii) possess the powers reasonably necessary to perform the functions and conduct the activities. (2) Articles The articles of any rural business investment company— (A) shall specify in general terms— (i) the purposes for which the rural business investment company is formed; (ii) the name of the rural business investment company; (iii) the 1 or more areas in which the operations of the rural business investment company are to be carried out; (iv) the place where the principal office of the rural business investment company is to be located; and (v) the amount and classes of the shares of capital stock of the rural business investment company; (B) may contain any other provisions consistent with this section that the rural business investment company may determine appropriate to adopt for the regulation of the business of the rural business investment company and the conduct of the affairs of the rural business investment company; and (C) shall be subject to the approval of the Secretary. (3) Capital requirements (A) In general Each rural business investment company shall be required to meet the capital requirements as provided by the Secretary. (B) Time frame Each rural business investment company shall have a period of 2 years to meet the capital requirements of this paragraph. (C) Adequacy In addition to the requirements of subparagraph (A), the Secretary shall— (i) determine whether the private capital of each rural business investment company is adequate to ensure a reasonable prospect that the rural business investment company will be operated soundly and profitably, and managed actively and prudently in accordance with the articles of the rural business investment company; (ii) determine that the rural business investment company will be able to comply with the requirements of this section; (iii) require that at least 75 percent of the capital of each rural business investment company is invested in rural business concerns; (iv) ensure that the rural business investment company is designed primarily to meet equity capital needs of the businesses in which the rural business investment company invests and not to compete with traditional small business financing by commercial lenders; and (v) require that the rural business investment company makes short-term non-equity investments of less than 5 years only to the extent necessary to preserve an existing investment. (4) Diversification of ownership The Secretary shall ensure that the management of each rural business investment company licensed after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 is sufficiently diversified from and unaffiliated with the ownership of the rural business investment company so as to ensure independence and objectivity in the financial management and oversight of the investments and operations of the rural business investment company. (j) Financial institution investments (1) In general Except as otherwise provided in this subsection and notwithstanding any other provision of law, the following banks, associations, and institutions are eligible both to establish and invest in any rural business investment company or in any entity established to invest solely in rural business investment companies: (A) Any bank or savings association the deposits of which are insured under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), including an investment pool created entirely by such bank or savings association. (B) Any Farm Credit System institution described in subsection 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)). (2) Limitation No bank, association, or institution described in paragraph (1) may make investments described in paragraph (1) that are greater than 5 percent of the capital and surplus of the bank, association, or institution. (3) Limitation on rural business investment companies controlled by farm credit system institutions If a Farm Credit System institution described in section 1.2(a) of the Farm Credit Act of 1971 ( 12 U.S.C. 2002(a) ) holds more than 25 percent of the shares of a rural business investment company, either alone or in conjunction with other System institutions (or affiliates), the rural business investment company shall not provide equity investments in, or provide other financial assistance to, entities that are not otherwise eligible to receive financing from the Farm Credit System under that Act ( 12 U.S.C. 2001 et seq. ). (k) Examinations (1) In general Each rural business investment company that participates in the program established under this section shall be subject to examinations made at the direction of the Secretary in accordance with this subsection. (2) Assistance of private sector entities An examination under this subsection may be conducted with the assistance of a private sector entity that has the qualifications and the expertise necessary to conduct such an examination. (3) Costs (A) In general The Secretary may assess the cost of an examination under this section, including compensation of the examiners, against the rural business investment company examined. (B) Payment Any rural business investment company against which the Secretary assesses costs under this subparagraph shall pay the costs. (4) Deposit of funds Funds collected under this subsection shall— (A) be deposited in the account that incurred the costs for carrying out this subsection; (B) be made available to the Secretary to carry out this subsection, without further appropriation; and (C) remain available until expended. (l) Reporting requirements (1) Rural business investment companies Each entity that participates in a program established under this section shall provide to the Secretary such information as the Secretary may require, including— (A) information relating to the measurement criteria that the entity proposed in the program application of the rural business investment company; and (B) in each case in which the entity under this section makes an investment in, or a loan or grant to, a business that is not located in a rural area, a report on the number and percentage of employees of the business who reside in those areas. (2) Public reports (A) In general The Secretary shall prepare and make available to the public an annual report on the programs established under this section, including detailed information on— (i) the number of rural business investment companies licensed by the Secretary during the previous fiscal year; (ii) the aggregate amount of leverage that rural business investment companies have received from the Federal Government during the previous fiscal year; (iii) the aggregate number of each type of leveraged instruments used by rural business investment companies during the previous fiscal year and how each number compares to previous fiscal years; (iv) the number of rural business investment company licenses surrendered and the number of rural business investment companies placed in liquidation during the previous fiscal year, identifying the amount of leverage each rural business investment company has received from the Federal Government and the type of leverage instruments each rural business investment company has used; (v) the amount of losses sustained by the Federal Government as a result of operations under this section during the previous fiscal year and an estimate of the total losses that the Federal Government can reasonably expect to incur as a result of the operations during the current fiscal year; (vi) actions taken by the Secretary to maximize recoupment of funds of the Federal Government expended to implement and administer the Rural Business Investment Program under this section during the previous fiscal year and to ensure compliance with the requirements of this section (including regulations); (vii) the amount of Federal Government leverage that each licensee received in the previous fiscal year and the types of leverage instruments each licensee used; (viii) for each type of financing instrument, the sizes, types of geographic locations, and other characteristics of the small business investment companies using the instrument during the previous fiscal year, including the extent to which the investment companies have used the leverage from each instrument to make loans or equity investments in rural areas; and (ix) the actions of the Secretary to carry out this section (B) Prohibition In compiling the report required under subparagraph (A), the Secretary may not— (i) compile the report in a manner that permits identification of any particular type of investment by an individual rural business investment company or small business concern in which a rural business investment company invests; or (ii) release any information that is prohibited under section 1905 of title 18, United States Code. (m) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2008 through 2018. . 3 General rural development provisions 3701. General provisions for loans and grants (a) Period for repayment Unless otherwise specifically provided for in this subtitle, the period for repayment of a loan under this subtitle shall not exceed 40 years. (b) Interest rates (1) In general Except as otherwise provided in this title, the interest rate on a loan under this subtitle shall be determined by the Secretary at a rate— (A) not to exceed a sum obtained by adding— (i) the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturity of the loan; and (ii) an amount not to exceed 1 percent, as determined by the Secretary; and (B) adjusted to the nearest 1/8 of 1 percent. (2) Water and waste facility loans and community facilities loans (A) In general Notwithstanding any provision of State law limiting the rate or amount of interest that may be charged, taken, received, or reserved, except as provided in subparagraph (C) and paragraph (4), the interest rate on a loan (other than a guaranteed loan) to a public body or nonprofit association (including an Indian tribe) for a water or waste disposal facility or essential community facility shall be determined by the Secretary at a rate not to exceed— (i) the current market yield on outstanding municipal obligations with remaining periods to maturity comparable to the average maturity for the loan, and adjusted to the nearest 1/8 of 1 percent; (ii) 5 percent per year for a loan that is for the upgrading of a facility or construction of a new facility as required to meet applicable health or sanitary standards in— (I) an area in which the median family income of the persons to be served by the facility is below the poverty line (as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)); and (II) any areas the Secretary may designate in which a significant percentage of the persons to be served by the facilities are low-income persons, as determined by the Secretary; and (iii) 7 percent per year for a loan for a facility that does not qualify for the 5 percent per year interest rate prescribed in clause (ii) but that is located in an area in a State in which the median household income of the persons to be served by the facility does not exceed 100 percent of the statewide nonmetropolitan median household income for the State. (B) Health care and related facilities Notwithstanding subparagraph (A), the Secretary shall establish a rate for a loan for a health care or related facility that is— (i) based solely on the income of the area to be served; and (ii) otherwise consistent with subparagraph (A). (C) Interest rates for water and waste disposal facilities loans (i) In general Except as provided in clause (ii) and notwithstanding subparagraph (A), in the case of a direct loan for a water or waste disposal facility— (I) in the case of a loan that would be subject to the 5 percent interest rate limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 60 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest 1/8 of 1 percent; and (II) in the case of a loan that would be subject to the 7 percent limitation under subparagraph (A), the Secretary shall establish the interest rate at a rate that is equal to 80 percent of the current market yield for outstanding municipal obligations with remaining periods to maturity comparable to the average maturity of the loan, adjusted to the nearest 1/8 of 1 percent. (ii) Exception Clause (i) does not apply to a loan for a specific project that is the subject of a loan that has been approved, but not closed, as of the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 . (3) Interest rates on business and other loans (A) In general Except as provided in paragraph (4), the interest rates on loans under sections 3501(a)(1) (other than guaranteed loans and loans as described in paragraph (2)(A)) shall be as determined by the Secretary in accordance with subparagraph (B). (B) Minimum rate The interest rates described in subparagraph (A) shall be not less than the sum obtained by adding— (i) such rates as determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the average maturities of such loans, adjusted in the judgment of the Secretary of the Treasury to provide for rates comparable to the rates prevailing in the private market for similar loans and considering the insurance by the Secretary of the loans; and (ii) an additional charge, prescribed by the Secretary, to cover the losses of the Secretary and cost of administration, which shall be deposited in the Rural Development Insurance Fund, and further adjusted to the nearest 1/8 of 1 percent. (4) Interest rates adjustments (A) Adjustments Notwithstanding any other provision of this subsection, in the case of loans (other than guaranteed loans) made or guaranteed under the authorities of this title specified in subparagraph (C) for activities that involve the use of prime farmland, the interest rates shall be the interest rates otherwise applicable under this section increased by 2 percent per year. (B) Prime farmland (i) In general Wherever practicable, construction by a State, municipality, or other political subdivision of local government that is supported by loans described in subparagraph (A) shall be placed on land that is not prime farmland, in order to preserve the maximum practicable quantity of prime farmlands for production of food and fiber. (ii) Increased rate In any case in which other options exist for the siting of construction described in clause (i) and the governmental authority still desires to carry out the construction on prime farmland, the 2-percent interest rate increase provided by this paragraph shall apply, but that increased interest rate shall not apply where such other options do not exist. (C) Applicable authorities The authorities referred to in subparagraph (A) are— (i) the provisions of section 3502(a) relating to loans for recreational developments and essential community facilities; (ii) section 3601(e)(2)(A); and (iii) section 3601(c). (c) Payment of charges A borrower of a loan made or guaranteed under this subtitle shall pay such fees and other charges as the Secretary may require, and prepay to the Secretary such taxes and insurance as the Secretary may require, on such terms and conditions as the Secretary may prescribe. (d) Security (1) In general The Secretary shall take as security for an obligation entered into in connection with a loan made under this subtitle such security as the Secretary may require. (2) Liens to United States An instrument for security under paragraph (1) may constitute a lien running to the United States notwithstanding the fact that the note for the security may be held by a lender other than the United States. (3) Multiple loans A borrower may use the same collateral to secure 2 or more loans made or guaranteed under this subtitle, except that the outstanding amount of the loans may not exceed the total value of the collateral. (e) Legal counsel for small loans In the case of a loan of less than $500,000 made or guaranteed under section 3501 that is evidenced by a note or mortgage (as distinguished from a bond issue), the borrower shall not be required to appoint bond counsel to review the legal validity of the loan if the Secretary has available legal counsel to perform the review. 3702. Strategic economic and community development (a) Priority In the case of any rural development program authorized by this subtitle, the Secretary may give priority to applications that are otherwise eligible and support strategic community and economic development plans on a multijurisdictional basis, as approved by the Secretary. (b) Evaluation In evaluating strategic applications, the Secretary shall give a higher priority to strategic applications for a plan described in subsection (a) that demonstrate— (1) the plan was developed through the collaboration of multiple stakeholders in the service area of the plan, including the participation of combinations of stakeholders such as State, local, and tribal governments, nonprofit institutions, institutions of higher education, and private entities; (2) an understanding of the applicable regional resources that could support the plan, including natural resources, human resources, infrastructure, and financial resources; (3) investment from other Federal agencies; (4) investment from philanthropic organizations; and (5) clear objectives for the plan and the ability to establish measurable performance measures and to track progress toward meeting the objectives. (c) Funds (1) In general Subject to paragraph (3), the Secretary may reserve for projects that support multijurisdictional strategic community and economic development plans described in subsection (a) an amount that does not exceed— (A) 20 percent of the funds made available for a fiscal year for a functional category described in paragraph (2); and (B) 15 percent of the total funds available for all functional categories. (2) Functional categories The function categories described in this subsection are the following: (A) Rural community facilities The rural community development category consists of all amounts made available for community facility grants and direct and guaranteed loans under section 3502. (B) Rural utilities The rural utilities category consists of all amounts made available for— (i) water or waste disposal grants or direct or guaranteed loans under section 3501(a); (ii) emergency community water assistance grants under section 3501(e)(2); (iii) solid waste management grants under section 3501(e)(4); or (iv) rural water or wastewater technical assistance and training grants under section 3501(e)(5). (C) Rural business and cooperative development The rural business and cooperative development category consists of all amounts made available for— (i) rural business opportunity grants, rural business enterprise grants, or rural educational network grants under section 3601(a); or (ii) business and industry direct and guaranteed loans under section 3601(e). (3) Limitation The reservation of funds described in paragraph (2) may only extend through June 30 of the fiscal year in which the funds were first made available. 3703. Guaranteed rural development loans (a) In general The Secretary may provide financial assistance to a borrower for a purpose provided in this subtitle by guaranteeing a loan made by any Federal or State chartered bank, savings and loan association, cooperative lending agency, or other legally organized lending agency. (b) Interest rate The interest rate payable by a borrower on the portion of a guaranteed loan that is sold by a lender to the secondary market under this subtitle may be lower than the interest rate charged on the portion retained by the lender. (c) Maximum guarantee of 90 percent Except as provided in subsections (d) and (e), a loan guarantee under this subtitle shall be for not more than 90 percent of the principal and interest due on the loan. (d) Refinanced loans guaranteed at 95 percent The Secretary shall guarantee 95 percent of— (1) in the case of a loan that solely refinances a direct loan made under this subtitle, the principal and interest due on the loan on the date of the refinancing; or (2) in the case of a loan that is used for multiple purposes, the portion of the loan that refinances the principal and interest due on a direct loan made under this subtitle that is outstanding on the date on which the loan is guaranteed. (e) Risk of loss (1) In general Subject to subsection (b), the Secretary may not make a loan under section 3501 or 3601 unless the Secretary determines that no other lender is willing to make the loan and assume 10 percent of the potential loss to be sustained from the loan. (2) Exception for nonprofit groups Paragraph (1) shall not apply to a public body or nonprofit association, including an Indian tribe. 3704. Rural Development Insurance Fund (a) Definition of rural development loan In this section, the term rural development loan means a loan provided for by section 3501 or 3601. (b) Establishment There is established in the Treasury of the United States a fund to be known as the Rural Development Insurance Fund that shall be used by the Secretary to discharge the obligations of the Secretary under contracts making or guaranteeing rural development loans. 3705. Rural economic area partnership zones (a) In general The Secretary may designate additional areas as rural economic area partnership zones to be assisted under this chapter— (1) through an open, competitive process; and (2) with priority given to rural areas— (A) with excessive unemployment or underemployment, a high percentage of low-income residents, or high rates of outmigration, as determined by the Secretary; and (B) that the Secretary determines have a substantial need for assistance. (b) Requirements The Secretary shall carry out those rural economic area partnership zones administratively in effect on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 in accordance with the terms and conditions contained in the memoranda of agreement entered into by the Secretary for the rural economic area partnership zones. 3706. Streamlining applications and improving accessibility of rural development programs The Secretary shall expedite the process of creating user-friendly and accessible application forms and procedures prioritizing programs and applications at the individual applicant level with an emphasis on utilizing current technology including online applications and submission processes. 3707. State Rural Development Partnership (a) Definitions In this section: (1) Agency with rural responsibilities The term agency with rural responsibilities means any executive agency (as defined in section 105 of title 5, United States Code) that implements a Federal law, or administers a program, targeted at or having a significant impact on rural areas. (2) Partnership The term Partnership means the State Rural Development Partnership continued by subsection (b). (3) State rural development council The term State rural development council means a State rural development council that meets the requirements of subsection (c). (b) Partnership (1) In general The Secretary shall support the State Rural Development Partnership comprised of State rural development councils. (2) Purposes The purposes of the Partnership are to empower and build the capacity of States, regions, and rural communities to design flexible and innovative responses to their rural development needs in a manner that maximizes collaborative public- and private-sector cooperation and minimizes regulatory redundancy. (3) Coordinating panel A panel consisting of representatives of State rural development councils shall be established— (A) to lead and coordinate the strategic operation and policies of the Partnership; and (B) to facilitate effective communication among the members of the Partnership, including the sharing of best practices. (4) Role of Federal government The role of the Federal Government in the Partnership may be that of a partner and facilitator, with Federal agencies authorized— (A) to cooperate with States to implement the Partnership; (B) to provide States with the technical and administrative support necessary to plan and implement tailored rural development strategies to meet local needs; (C) to ensure that the head of each agency with rural responsibilities directs appropriate field staff to participate fully with the State rural development council within the jurisdiction of the field staff; and (D) to enter into cooperative agreements with, and to provide grants and other assistance to, State rural development councils. (c) State rural development councils (1) Establishment Notwithstanding chapter 63 of title 31, United States Code, each State may elect to participate in the Partnership by entering into an agreement with the Secretary to recognize a State rural development council. (2) Composition A State rural development council shall— (A) be composed of representatives of Federal, State, local, and tribal governments, nonprofit organizations, regional organizations, the private sector, and other entities committed to rural advancement; and (B) have a nonpartisan and nondiscriminatory membership that— (i) is broad and representative of the economic, social, and political diversity of the State; and (ii) shall be responsible for the governance and operations of the State rural development council. (3) Duties A State rural development council shall— (A) facilitate collaboration among Federal, State, local, and tribal governments and the private and nonprofit sectors in the planning and implementation of programs and policies that have an impact on rural areas of the State; (B) monitor, report, and comment on policies and programs that address, or fail to address, the needs of the rural areas of the State; (C) as part of the Partnership, facilitate the development of strategies to reduce or eliminate conflicting or duplicative administrative or regulatory requirements of Federal, State, local, and tribal governments; and (D) (i) provide to the Secretary an annual plan with goals and performance measures; and (ii) submit to the Secretary an annual report on the progress of the State rural development council in meeting the goals and measures. (4) Federal participation in State rural development councils (A) In general A State Director for Rural Development of the Department of Agriculture, other employees of the Department, and employees of other Federal agencies with rural responsibilities shall fully participate as voting members in the governance and operations of State rural development councils (including activities related to grants, contracts, and other agreements in accordance with this section) on an equal basis with other members of the State rural development councils. (B) Conflicts Participation by a Federal employee in a State rural development council in accordance with this paragraph shall not constitute a violation of section 205 or 208 of title 18, United States Code. (d) Administrative support of the partnership (1) Detail of employees (A) In general In order to provide experience in intergovernmental collaboration, the head of an agency with rural responsibilities that elects to participate in the Partnership may, and is encouraged to, detail to the Secretary for the support of the Partnership 1 or more employees of the agency with rural responsibilities without reimbursement for a period of up to 1 year. (B) Civil service status The detail shall be without interruption or loss of civil service status or privilege. (2) Additional support The Secretary may provide for any additional support staff to the Partnership as the Secretary determines to be necessary to carry out the duties of the Partnership. (3) Intermediaries The Secretary may enter into a contract with a qualified intermediary under which the intermediary shall be responsible for providing administrative and technical assistance to a State rural development council, including administering the financial assistance available to the State rural development council. (e) Matching requirements for State rural development councils (1) In general Except as provided in paragraph (2), a State rural development council shall provide matching funds, or in-kind goods or services, to support the activities of the State rural development council in an amount that is not less than 33 percent of the amount of Federal funds received from a Federal agency under subsection (f)(2). (2) Exceptions to matching requirement for certain Federal funds Paragraph (1) shall not apply to funds, grants, funds provided under contracts or cooperative agreements, gifts, contributions, or technical assistance received by a State rural development council from a Federal agency that are used— (A) to support 1 or more specific program or project activities; or (B) to reimburse the State rural development council for services provided to the Federal agency providing the funds, grants, funds provided under contracts or cooperative agreements, gifts, contributions, or technical assistance. (3) Department's share The Secretary shall develop a plan to decrease, over time, the share of the Department of Agriculture of the cost of the core operations of State rural development councils. (f) Funding (1) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2014 through 2018. (2) Federal agencies (A) In general Notwithstanding any other provision of law limiting the ability of an agency, along with other agencies, to provide funds to a State rural development council in order to carry out the purposes of this section, a Federal agency may make grants, gifts, or contributions to, provide technical assistance to, or enter into contracts or cooperative agreements with, a State rural development council. (B) Assistance Federal agencies are encouraged to use funds made available for programs that have an impact on rural areas to provide assistance to, and enter into contracts with, a State rural development council, as described in subparagraph (A). (3) Contributions A State rural development council may accept private contributions. (g) Termination The authority provided under this section shall terminate on September 30, 2018. 4 Delta Regional Authority 3801. Definitions In this chapter: (1) Authority The term Authority means the Delta Regional Authority established by section 3802. (2) Federal grant program The term Federal grant program means a Federal grant program to provide assistance in— (A) acquiring or developing land; (B) constructing or equipping a highway, road, bridge, or facility; or (C) carrying out other economic development activities. (3) Region The term region means the Lower Mississippi (as defined in section 4 of the Delta Development Act (42 U.S.C. 3121 note; Public Law 100–460 )). 3802. Delta Regional Authority (a) Establishment (1) In general There is established the Delta Regional Authority. (2) Composition The Authority shall be composed of— (A) a Federal member, to be appointed by the President, with the advice and consent of the Senate; and (B) the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority. (3) Cochairpersons The Authority shall be headed by— (A) the Federal member, who shall serve as— (i) the Federal cochairperson; and (ii) a liaison between the Federal Government and the Authority; and (B) a State cochairperson, who shall be— (i) a Governor of a participating State in the region; and (ii) elected by the State members for a term of not less than 1 year. (4) Alabama Notwithstanding any other provision of law, the State of Alabama shall be a full member of the Authority and shall be entitled to all rights and privileges that the membership affords to all other participating States in the Authority. (b) Alternate members (1) State alternates The State member of a participating State may have a single alternate, who shall be— (A) a resident of that State; and (B) appointed by the Governor of the State. (2) Alternate Federal cochairperson The President shall appoint an alternate Federal cochairperson. (3) Quorum A State alternate shall not be counted toward the establishment of a quorum of the Authority in any instance in which a quorum of the State members is required to be present. (4) Delegation of power No power or responsibility of the Authority specified in paragraphs (2) and (3) of subsection (c), and no voting right of any Authority member, shall be delegated to any person— (A) who is not an Authority member; or (B) who is not entitled to vote in Authority meetings. (c) Voting (1) In general A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(C)) to be effective. (2) Quorum A quorum of State members shall be required to be present for the Authority to make any policy decision, including— (A) a modification or revision of an Authority policy decision; (B) approval of a State or regional development plan; and (C) any allocation of funds among the States. (3) Project and grant proposals The approval of project and grant proposals shall be— (A) a responsibility of the Authority; and (B) conducted in accordance with section 3809. (4) Voting by alternate members An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State representative for which the alternate member is an alternate. (d) Duties The Authority shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs to establish priorities and approve grants for the economic development of the region, giving due consideration to other Federal, State, and local planning and development activities in the region; (2) review, and where appropriate amend, priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups; (4) formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation; (5) work with State and local agencies in developing appropriate model legislation; (6) (A) enhance the capacity of, and provide support for, local development districts in the region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; (7) encourage private investment in industrial, commercial, and other economic development projects in the region; and (8) cooperate with and assist State governments with economic development programs of participating States. (e) Administration In carrying out subsection (d), the Authority may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Authority as the Authority considers appropriate; (2) authorize, through the Federal or State cochairperson or any other member of the Authority designated by the Authority, the administration of oaths if the Authority determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, or local department or agency such information as may be available to or procurable by the department or agency that may be of use to the Authority in carrying out duties of the Authority; (4) adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of Authority business and the performance of Authority duties; (5) request the head of any Federal department or agency to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State department or agency or local government to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Authority employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out Authority duties, including any contracts, leases, or cooperative agreements with— (A) any department, agency, or instrumentality of the United States; (B) any State (including a political subdivision, agency, or instrumentality of the State); or (C) any person, firm, association, or corporation; and (10) establish and maintain a central office and field offices at such locations as the Authority may select. (f) Federal agency cooperation A Federal agency shall— (1) cooperate with the Authority; and (2) provide, on request of the Federal cochairperson, appropriate assistance in carrying out this chapter, in accordance with applicable Federal laws (including regulations). (g) Administrative expenses (1) In general Administrative expenses of the Authority (except for the expenses of the Federal cochairperson, including expenses of the alternate and staff of the Federal cochairperson, which shall be paid solely by the Federal Government) shall be paid— (A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses; and (B) by the States in the region participating in the Authority, in an amount equal to 50 percent of the administrative expenses. (2) State share (A) In general The share of administrative expenses of the Authority to be paid by each State shall be determined by the Authority. (B) No Federal participation The Federal cochairperson shall not participate or vote in any decision under subparagraph (A). (C) Delinquent States If a State is delinquent in payment of the State’s share of administrative expenses of the Authority under this subsection— (i) no assistance under this chapter shall be furnished to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Authority from the State shall participate or vote in any action by the Authority. (h) Compensation (1) Federal cochairperson The Federal cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code. (2) Alternate Federal cochairperson The alternate Federal cochairperson— (A) shall be compensated by the Federal Government at level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate for the Federal cochairperson, shall perform such functions and duties as are delegated by the Federal cochairperson. (3) State members and alternates (A) In general A State shall compensate each member and alternate representing the State on the Authority at the rate established by law of the State. (B) No additional compensation No State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate to the Authority. (4) Detailed employees (A) In general No person detailed to serve the Authority under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Authority from— (i) any source other than the State, local, or intergovernmental department or agency from which the person was detailed; or (ii) the Authority. (B) Violation Any person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Authority under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel (A) Compensation (i) In general The Authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Exception Compensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Executive director The executive director shall be responsible for— (i) the carrying out of the administrative duties of the Authority; (ii) direction of the Authority staff; and (iii) such other duties as the Authority may assign. (C) No Federal employee status No member, alternate, officer, or employee of the Authority (except the Federal cochairperson of the Authority, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Authority under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. (i) Conflicts of interest (1) In general Except as provided under paragraph (2), no State member, alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee, there is a financial interest of— (A) the member, alternate, officer, or employee; (B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or (C) any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure Paragraph (1) shall not apply if the State member, alternate, officer, or employee— (A) immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, alternate, officer, or employee. (3) Violation Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any provision under subsection (h)(4), subsection (i), or sections 202 through 209 of title 18, United States Code. 3803. Economic and community development grants (a) In general The Authority may approve grants to States and public and nonprofit entities for projects, approved in accordance with section 3809— (1) to develop the transportation infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may only be made to a State or local government); (2) to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies; (3) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services; (4) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and (5) to otherwise achieve the purposes of this chapter. (b) Funding (1) In general Funds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another Federal or Federal grant program; or (C) from any other source. (2) Priority of funding To best build the foundations for long-term economic development and to complement other Federal and State resources in the region, Federal funds available under this chapter shall be focused on the activities in the following order or priority: (A) Basic public infrastructure in distressed counties and isolated areas of distress. (B) Transportation infrastructure for the purpose of facilitating economic development in the region. (C) Business development, with emphasis on entrepreneurship. (D) Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region. 3804. Supplements to Federal grant programs (a) Finding Congress finds that certain States and local communities of the region, including local development districts, may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because— (1) the States or communities lack the economic resources to provide the required matching share; or (2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region. (b) Federal grant program funding Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations of any Federal grant program, and in accordance with subsection (c), the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region— (1) may increase the Federal share of the costs of a project under the Federal grant program to not more than 90 percent (except as provided in section 3806(b)); and (2) shall use amounts made available to carry out this chapter to pay the increased Federal share. (c) Certifications (1) In general In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project— (A) meets (except as provided in subsection (b)) the applicable requirements of the applicable Federal grant program; and (B) could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project. (2) Certification by authority (A) In general The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 3809 shall be— (i) controlling; and (ii) accepted by the Federal agencies. (B) Acceptance by Federal cochairperson In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson. 3805. Local development districts; certification and administrative expenses (a) Definition of local development district In this section, the term local development district means an entity that— (1) is— (A) a planning district in existence on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 that is recognized by the Secretary; or (B) if an entity described in subparagraph (A) does not exist— (i) organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region; (ii) governed by a policy board with at least a simple majority of members consisting of elected officials or employees of a general purpose unit of local government who have been appointed to represent the government; (iii) certified to the Authority as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region— (I) by the Governor of each State in which the entity is located; or (II) by the State officer designated by the appropriate State law to make the certification; and (iv) (I) a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located; (II) a nonprofit agency or instrumentality of a State or local government; (III) a public organization established before December 21, 2000, under State law for creation of multi-jurisdictional, area-wide planning organizations; or (IV) a nonprofit association or combination of bodies, agencies, and instrumentalities described in subclauses (I) through (III); and (2) has not, as certified by the Federal cochairperson— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to local development districts (1) In general The Authority shall make grants for administrative expenses under this section. (2) Conditions for grants (A) Maximum amount The amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the local development district receiving the grant. (B) Maximum period No grant described in paragraph (1) shall be awarded to a State agency certified as a local development district for a period greater than 3 years. (C) Local share The contributions of a local development district for administrative expenses may be in cash or in-kind, fairly evaluated, including space, equipment, and services. (c) Duties of local development districts A local development district shall— (1) operate as a lead organization serving multicounty areas in the region at the local level; and (2) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens that— (A) are involved in multijurisdictional planning; (B) provide technical assistance to local jurisdictions and potential grantees; and (C) provide leadership and civic development assistance. 3806. Distressed counties and areas and nondistressed counties (a) Designations Each year, the Authority, in accordance with such criteria as the Authority may establish, shall designate— (1) as distressed counties, counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty or unemployment; (2) as nondistressed counties, counties in the region that are not designated as distressed counties under paragraph (1); and (3) as isolated areas of distress, areas located in nondistressed counties (as designated under paragraph (2)) that have high rates of poverty or unemployment. (b) Distressed counties (1) In general The Authority shall allocate at least 75 percent of the appropriations made available under section 3813 for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region. (2) Funding limitations The funding limitations under section 3804(b) shall not apply to a project providing transportation or basic public services to residents of 1 or more distressed counties or isolated areas of distress in the region. (c) Nondistressed counties (1) In general Except as provided in this subsection, no funds shall be provided under this chapter for a project located in a county designated as a nondistressed county under subsection (a)(2). (2) Exceptions (A) In general The funding prohibition under paragraph (1) shall not apply to grants to fund the administrative expenses of local development districts under section 3805(b). (B) Multicounty projects The Authority may waive the application of the funding prohibition under paragraph (1) to a multicounty project that includes participation by a nondistressed county; or any other type of project if the Authority determines that the project could bring significant benefits to areas of the region outside a nondistressed county. (C) Isolated areas of distress For a designation of an isolated area of distress for assistance to be effective, the designation shall be supported— (i) by the most recent Federal data available; or (ii) if no recent Federal data are available, by the most recent data available through the government of the State in which the isolated area of distress is located. (d) Transportation and basic public infrastructure The Authority shall allocate at least 50 percent of any funds made available under section 3813 for transportation and basic public infrastructure projects authorized under paragraphs (1) and (3) of section 3803(a). 3807. Development planning process (a) State development plan In accordance with policies established by the Authority, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan A State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3802(d)(2). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance), a State may— (1) consult with— (A) local development districts; and (B) local units of government; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). (d) Public participation (1) In general The Authority and applicable State and local development districts shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this chapter. (2) Regulations The Authority shall develop guidelines for providing public participation described in paragraph (1), including public hearings. 3808. Program development criteria (a) In general In considering programs and projects to be provided assistance under this chapter and in establishing a priority ranking of the requests for assistance provided by the Authority, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall regional development; (2) the per capita income and poverty and unemployment rates in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. (b) No relocation assistance (1) In general Except as provided in paragraph (2), no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from 1 area to another. (2) Outside businesses Financial assistance under this chapter may be used as otherwise authorized by this subtitle to attract businesses from outside the region to the region. (c) Reduction of funds Funds may be provided for a program or project in a State under this chapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this chapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this chapter. 3809. Approval of development plans and projects (a) In general A State or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed and approved by the Authority. (b) Evaluation by State member An application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the State member of the Authority representing the applicant. (c) Certification An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 3808; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this chapter. (d) Approval of grant applications On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 3802(c) shall be required for approval of the application. 3810. Consent of States Nothing in this chapter requires any State to engage in or accept any program under this chapter without the consent of the State. 3811. Records (a) Records of the authority (1) In general The Authority shall maintain accurate and complete records of all transactions and activities of the Authority. (2) Availability All records of the Authority shall be available for audit and examination by the Comptroller General of the United States and the Inspector General of the Department of Agriculture (including authorized representatives of the Comptroller General and the Inspector General of the Department of Agriculture). (b) Records of recipients of Federal assistance (1) In general A recipient of Federal funds under this chapter shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report on the transactions and activities to the Authority. (2) Availability All records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, the Inspector General of the Department of Agriculture, and the Authority (including authorized representatives of the Comptroller General, the Inspector General of the Department of Agriculture, and the Authority). 3812. Annual report Not later than 180 days after the end of each fiscal year, the Authority shall submit to the President and to Congress a report describing the activities carried out under this chapter. 3813. Authorization of appropriations (a) In general There is authorized to be appropriated to the Authority to carry out this chapter $30,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Administrative expenses Not more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Authority. 3814. Termination of authority This chapter and the authority provided under this chapter expire on October 1, 2018. 5 Northern Great Plains Regional Authority 3821. Definitions In this chapter: (1) Authority The term Authority means the Northern Great Plains Regional Authority established by section 3822. (2) Federal grant program The term Federal grant program means a Federal grant program to provide assistance in— (A) implementing the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act ( 7 U.S.C. 2661 note; Public Law 103–318); (B) acquiring or developing land; (C) constructing or equipping a highway, road, bridge, or facility; (D) carrying out other economic development activities; or (E) conducting research activities related to the activities described in subparagraphs (A) through (D). (3) Region The term region means the States of Iowa, Minnesota, Missouri (other than counties included in the Delta Regional Authority), Nebraska, North Dakota, and South Dakota. 3822. Northern Great Plains Regional Authority (a) Establishment (1) In general There is established the Northern Great Plains Regional Authority. (2) Composition The Authority shall be composed of— (A) a Federal member, to be appointed by the President, by and with the advice and consent of the Senate; (B) the Governor (or a designee of the Governor) of each State in the region that elects to participate in the Authority; and (C) a member of an Indian tribe, who shall be a chairperson of an Indian tribe in the region or a designee of such a chairperson, to be appointed by the President, by and with the advice and consent of the Senate. (3) Cochairpersons The Authority shall be headed by— (A) the Federal member, who shall serve as— (i) the Federal cochairperson; and (ii) a liaison between the Federal Government and the Authority; (B) a State cochairperson, who shall be— (i) a Governor of a participating State in the region; and (ii) elected by the State members for a term of not less than 1 year; and (C) the member of an Indian tribe, who shall serve as— (i) the tribal cochairperson; and (ii) a liaison between the governments of Indian tribes in the region and the Authority. (4) Failure to confirm (A) Federal member Notwithstanding any other provision of this section, if a Federal member described in paragraph (2)(A) has not been confirmed by the Senate by not later than 180 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Authority may organize and operate without the Federal member. (B) Tribal cochairperson In the case of the tribal cochairperson, if no tribal cochairperson is confirmed by the Senate, the regional authority shall consult and coordinate with the leaders of Indian tribes in the region concerning the activities of the Authority, as appropriate. (b) Alternate members (1) Alternate Federal cochairperson The President shall appoint an alternate Federal cochairperson. (2) State alternates (A) In general The State member of a participating State may have a single alternate, who shall be— (i) a resident of that State; and (ii) appointed by the Governor of the State. (B) Quorum A State alternate member shall not be counted toward the establishment of a quorum of the members of the Authority in any case in which a quorum of the State members is required to be present. (3) Alternate tribal cochairperson The President shall appoint an alternate tribal cochairperson, by and with the advice and consent of the Senate. (4) Delegation of power No power or responsibility of the Authority specified in paragraphs (2) and (3) of subsection (c), and no voting right of any member of the Authority, shall be delegated to any person who is not— (A) a member of the Authority; or (B) entitled to vote in Authority meetings. (c) Voting (1) In general A decision by the Authority shall require a majority vote of the Authority (not including any member representing a State that is delinquent under subsection (g)(2)(D)) to be effective. (2) Quorum A quorum of State members shall be required to be present for the Authority to make any policy decision, including— (A) a modification or revision of an Authority policy decision; (B) approval of a State or regional development plan; and (C) any allocation of funds among the States. (3) Project and grant proposals The approval of project and grant proposals shall be— (A) a responsibility of the Authority; and (B) conducted in accordance with section 3830. (4) Voting by alternate members An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal, State, or Indian tribe member for whom the alternate member is an alternate. (d) Duties The Authority shall— (1) develop, on a continuing basis, comprehensive and coordinated plans and programs for multistate cooperation to advance the economic and social well-being of the region and to approve grants for the economic development of the region, giving due consideration to other Federal, State, tribal, and local planning and development activities in the region; (2) review, and when appropriate amend, priorities in a development plan for the region (including 5-year regional outcome targets); (3) assess the needs and assets of the region based on available research, demonstrations, investigations, assessments, and evaluations of the region prepared by Federal, State, tribal, and local agencies, universities, regional and local development districts or organizations, and other nonprofit groups; (4) formulate and recommend to the Governors and legislatures of States that participate in the Authority forms of interstate cooperation for— (A) renewable energy development and transmission; (B) transportation planning and economic development; (C) information technology; (D) movement of freight and individuals within the region; (E) federally funded research at institutions of higher education; and (F) conservation land management; (5) work with State, tribal, and local agencies in developing appropriate model legislation; (6) enhance the capacity of, and provide support for, multistate development and research organizations, local development organizations and districts, and resource conservation districts in the region; (7) encourage private investment in industrial, commercial, renewable energy, and other economic development projects in the region; and (8) cooperate with and assist State governments with economic development programs of participating States. (e) Administration In carrying out subsection (d), the Authority may— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Authority as the Authority considers appropriate; (2) authorize, through the Federal, State, or tribal cochairperson or any other member of the Authority designated by the Authority, the administration of oaths if the Authority determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, tribal, or local agency such information as may be available to or procurable by the agency that may be of use to the Authority in carrying out the duties of the Authority; (4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties of the Authority; (5) request the head of any Federal agency to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (6) request the head of any State agency, tribal government, or local government to detail to the Authority such personnel as the Authority requires to carry out duties of the Authority, each such detail to be without loss of seniority, pay, or other employee status; (7) provide for coverage of Authority employees in a suitable retirement and employee benefit system by— (A) making arrangements or entering into contracts with any participating State government or tribal government; or (B) otherwise providing retirement and other employee benefit coverage; (8) accept, use, and dispose of gifts or donations of services or real, personal, tangible, or intangible property; (9) enter into and perform such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out Authority duties, including any contracts, leases, or cooperative agreements with— (A) any department, agency, or instrumentality of the United States; (B) any State (including a political subdivision, agency, or instrumentality of the State); (C) any Indian tribe in the region; or (D) any person, firm, association, or corporation; and (10) establish and maintain a central office and field offices at such locations as the Authority may select. (f) Federal agency cooperation A Federal agency shall— (1) cooperate with the Authority; and (2) provide, on request of a cochairperson, appropriate assistance in carrying out this chapter, in accordance with applicable Federal laws (including regulations). (g) Administrative expenses (1) Federal share The Federal share of the administrative expenses of the Authority shall be— (A) for fiscal year 2014, 100 percent; (B) for fiscal year 2015, 75 percent; and (C) for fiscal year 2016 and each fiscal year thereafter, 50 percent. (2) Non-Federal share (A) In general The non-Federal share of the administrative expenses of the Authority shall be paid by non-Federal sources in the States that participate in the Authority. (B) Share paid by each State The share of administrative expenses of the Authority to be paid by non-Federal sources in each State shall be determined by the Authority. (C) No Federal participation The Federal cochairperson shall not participate or vote in any decision under subparagraph (B). (D) Delinquent States If a State is delinquent in payment of the State’s share of administrative expenses of the Authority under this subsection— (i) no assistance under this chapter shall be provided to the State (including assistance to a political subdivision or a resident of the State); and (ii) no member of the Authority from the State shall participate or vote in any action by the Authority. (h) Compensation (1) Federal and tribal cochairpersons The Federal cochairperson and the tribal cochairperson shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level III of the Executive Schedule in subchapter II of chapter 53 of title 5, United States Code. (2) Alternate Federal and tribal cochairpersons The alternate Federal cochairperson and the alternate tribal cochairperson— (A) shall be compensated by the Federal Government at the annual rate of basic pay prescribed for level V of the Executive Schedule described in paragraph (1); and (B) when not actively serving as an alternate, shall perform such functions and duties as are delegated by the Federal cochairperson or the tribal cochairperson, respectively. (3) State members and alternates (A) In general A State shall compensate each member and alternate representing the State on the Authority at the rate established by State law. (B) No additional compensation No State member or alternate member shall receive any salary, or any contribution to or supplementation of salary from any source other than the State for services provided by the member or alternate member to the Authority. (4) Detailed employees (A) In general No person detailed to serve the Authority under subsection (e)(6) shall receive any salary or any contribution to or supplementation of salary for services provided to the Authority from— (i) any source other than the State, tribal, local, or intergovernmental agency from which the person was detailed; or (ii) the Authority. (B) Violation Any person that violates this paragraph shall be fined not more than $5,000, imprisoned not more than 1 year, or both. (C) Applicable law The Federal cochairperson, the alternate Federal cochairperson, and any Federal officer or employee detailed to duty on the Authority under subsection (e)(5) shall not be subject to subparagraph (A), but shall remain subject to sections 202 through 209 of title 18, United States Code. (5) Additional personnel (A) Compensation (i) In general The Authority may appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Exception Compensation under clause (i) shall not exceed the maximum rate for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Executive director The executive director shall be responsible for— (i) the carrying out of the administrative duties of the Authority; (ii) direction of the Authority staff; and (iii) such other duties as the Authority may assign. (C) No Federal employee status No member, alternate, officer, or employee of the Authority (except the Federal cochairperson of the Authority, the alternate and staff for the Federal cochairperson, and any Federal employee detailed to the Authority under subsection (e)(5)) shall be considered to be a Federal employee for any purpose. (i) Conflicts of interest (1) In general Except as provided under paragraph (2), no State member, Indian tribe member, State alternate, officer, or employee of the Authority shall participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other matter in which, to knowledge of the member, alternate, officer, or employee, there is a financial interest of— (A) the member, alternate, officer, or employee; (B) the spouse, minor child, partner, or organization (other than a State or political subdivision of the State or the Indian tribe) of the member, alternate, officer, or employee, in which the member, alternate, officer, or employee is serving as officer, director, trustee, partner, or employee; or (C) any person or organization with whom the member, alternate, officer, or employee is negotiating or has any arrangement concerning prospective employment. (2) Disclosure Paragraph (1) shall not apply if the State member, Indian tribe member, alternate, officer, or employee— (A) immediately advises the Authority of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter presenting a potential conflict of interest; (B) makes full disclosure of the financial interest; and (C) before the proceeding concerning the matter presenting the conflict of interest, receives a written determination by the Authority that the interest is not so substantial as to be likely to affect the integrity of the services that the Authority may expect from the State member, Indian tribe member, alternate, officer, or employee. (3) Violation Any person that violates this subsection shall be fined not more than $10,000, imprisoned not more than 2 years, or both. (j) Validity of contracts, loans, and grants The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any provision under subsection (h)(4) or subsection (i) of this chapter, or sections 202 through 209 of title 18, United States Code. 3823. Interstate cooperation for economic opportunity and efficiency (a) In general The Authority shall provide assistance to States in developing regional plans to address multistate economic issues, including plans— (1) to develop a regional transmission system for movement of renewable energy to markets outside the region; (2) to address regional transportation concerns, including the establishment of a Northern Great Plains Regional Transportation Working Group; (3) to encourage and support interstate collaboration on federally funded research that is in the national interest; and (4) to establish a Regional Working Group on Agriculture Development and Transportation. (b) Economic issues The multistate economic issues referred to in subsection (a) shall include— (1) renewable energy development and transmission; (2) transportation planning and economic development; (3) information technology; (4) movement of freight and individuals within the region; (5) federally funded research at institutions of higher education; and (6) conservation land management. 3824. Economic and community development grants (a) In general The Authority may approve grants to States, Indian tribes, local governments, and public and nonprofit organizations for projects, approved in accordance with section 3830— (1) to assist the region in obtaining the job training, employment-related education, and business development (with an emphasis on entrepreneurship) that are needed to build and maintain strong local economies; (2) to develop the transportation, renewable energy transmission, and telecommunication infrastructure of the region for the purpose of facilitating economic development in the region (except that grants for this purpose may be made only to States, Indian tribes, local governments, and nonprofit organizations); (3) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for improving basic public services; (4) to provide assistance to severely distressed and underdeveloped areas that lack financial resources for equipping industrial parks and related facilities; and (5) to otherwise achieve the purposes of this chapter. (b) Funding (1) In general Funds for grants under subsection (a) may be provided— (A) entirely from appropriations to carry out this section; (B) in combination with funds available under another Federal grant program; or (C) from any other source. (2) Priority of funding To best build the foundations for long-term economic development and to complement other Federal, State, and tribal resources in the region, Federal funds available under this chapter shall be focused on the following activities: (A) Basic public infrastructure in distressed counties and isolated areas of distress. (B) Transportation and telecommunication infrastructure for the purpose of facilitating economic development in the region. (C) Business development, with emphasis on entrepreneurship. (D) Job training or employment-related education, with emphasis on use of existing public educational institutions located in the region. 3825. Supplements to Federal grant programs (a) Finding Congress finds that certain States and local communities of the region may be unable to take maximum advantage of Federal grant programs for which the States and communities are eligible because— (1) the States and communities lack the economic resources to provide the required matching share; or (2) there are insufficient funds available under the applicable Federal law authorizing the Federal grant program to meet pressing needs of the region. (b) Federal grant program funding Notwithstanding any provision of law limiting the Federal share, the areas eligible for assistance, or the authorizations of appropriations, under any Federal grant program, and in accordance with subsection (c), the Authority, with the approval of the Federal cochairperson and with respect to a project to be carried out in the region— (1) may increase the Federal share of the costs of a project under any Federal grant program to not more than 90 percent (except as provided in section 3827(b)); and (2) shall use amounts made available to carry out this chapter to pay the increased Federal share. (c) Certifications (1) In general In the case of any project for which all or any portion of the basic Federal share of the costs of the project is proposed to be paid under this section, no Federal contribution shall be made until the Federal official administering the Federal law that authorizes the Federal grant program certifies that the project— (A) meets (except as provided in subsection (b)) the applicable requirements of the applicable Federal grant program; and (B) could be approved for Federal contribution under the Federal grant program if funds were available under the law for the project. (2) Certification by authority (A) In general The certifications and determinations required to be made by the Authority for approval of projects under this Act in accordance with section 3830 shall be— (i) controlling; and (ii) accepted by the Federal agencies. (B) Acceptance by Federal cochairperson In the case of any project described in paragraph (1), any finding, report, certification, or documentation required to be submitted with respect to the project to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of the Federal grant program under which the project is carried out shall be accepted by the Federal cochairperson. 3826. Multistate and local development districts and organizations and Northern Great Plains Inc (a) Definition of multistate and local development district or organization In this section, the term multistate and local development district or organization means an entity— (1) that— (A) is a planning district that is recognized by the Economic Development Administration of the Department of Commerce; or (B) is— (i) organized and operated in a manner that ensures broad-based community participation and an effective opportunity for other nonprofit groups to contribute to the development and implementation of programs in the region; (ii) a nonprofit incorporated body organized or chartered under the law of the State in which the entity is located; (iii) a nonprofit agency or instrumentality of a State or local government; (iv) a public organization established before the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 under State law for creation of multijurisdictional, area-wide planning organizations; (v) a nonprofit agency or instrumentality of a State that was established for the purpose of assisting with multistate cooperation; or (vi) a nonprofit association or combination of bodies, agencies, and instrumentalities described in clauses (ii) through (v); and (2) that has not, as certified by the Authority (in consultation with the Federal cochairperson or Secretary, as appropriate)— (A) inappropriately used Federal grant funds from any Federal source; or (B) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity. (b) Grants to multistate, local, or regional development districts and organizations (1) In general The Authority may make grants for administrative expenses under this section to multistate, local, and regional development districts and organizations. (2) Conditions for grants (A) Maximum amount The amount of any grant awarded under paragraph (1) shall not exceed 80 percent of the administrative expenses of the multistate, local, or regional development district or organization receiving the grant. (B) Maximum period No grant described in paragraph (1) shall be awarded for a period of greater than 3 years. (3) Local share The contributions of a multistate, local, or regional development district or organization for administrative expenses may be in cash or in-kind, fairly evaluated, including space, equipment, and services. (c) Duties (1) In general Except as provided in paragraph (2), a local development district shall operate as a lead organization serving multicounty areas in the region at the local level. (2) Designation The Federal cochairperson may designate an Indian tribe or multijurisdictional organization to serve as a lead organization in such cases as the Federal cochairperson or Secretary, as appropriate, determines appropriate. (d) Northern Great Plains Inc Northern Great Plains Inc., a nonprofit corporation incorporated in the State of Minnesota to implement the recommendations of the Northern Great Plains Rural Development Commission established by the Northern Great Plains Rural Development Act (7 U.S.C. 2661 note; Public Law 103–318 )— (1) shall serve as an independent, primary resource for the Authority on issues of concern to the region; (2) shall advise the Authority on development of international trade; (3) may provide research, education, training, and other support to the Authority; and (4) may carry out other activities on its own behalf or on behalf of other entities. 3827. Distressed counties and areas and nondistressed counties (a) Designations Each year, the Authority, in accordance with such criteria as the Authority may establish, shall designate— (1) as distressed counties, counties in the region that are the most severely and persistently distressed and underdeveloped and have high rates of poverty, unemployment, or outmigration; (2) as nondistressed counties, counties in the region that are not designated as distressed counties under paragraph (1); and (3) as isolated areas of distress, areas located in nondistressed counties (as designated under paragraph (2)) that have high rates of poverty, unemployment, or outmigration. (b) Distressed counties (1) In general The Authority shall allocate at least 50 percent of the appropriations made available under section 3834 for programs and projects designed to serve the needs of distressed counties and isolated areas of distress in the region. (2) Funding limitations The funding limitations under section 3825(b) shall not apply to a project to provide transportation or telecommunication or basic public services to residents of 1 or more distressed counties or isolated areas of distress in the region. (c) Transportation, telecommunication, renewable energy, and basic public infrastructure The Authority shall allocate at least 50 percent of any funds made available under section 3834 for transportation, telecommunication, renewable energy, and basic public infrastructure projects authorized under paragraphs (1) and (3) of section 3824(a). 3828. Development planning process (a) State development plan In accordance with policies established by the Authority, each State member shall submit a development plan for the area of the region represented by the State member. (b) Content of plan A State development plan submitted under subsection (a) shall reflect the goals, objectives, and priorities identified in the regional development plan developed under section 3823(d)(2). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance), a State may— (1) consult with— (A) multistate, regional, and local development districts and organizations; and (B) local units of government; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). (d) Public participation (1) In general The Authority and applicable multistate, regional, and local development districts and organizations shall encourage and assist, to the maximum extent practicable, public participation in the development, revision, and implementation of all plans and programs under this chapter. (2) Regulations The Authority shall develop guidelines for providing public participation described in paragraph (1), including public hearings. 3829. Program development criteria (a) In general In considering programs and projects to be provided assistance under this chapter, and in establishing a priority ranking of the requests for assistance provided to the Authority, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall multistate or regional development; (2) the per capita income and poverty and unemployment and outmigration rates in an area; (3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same funds; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment, the average level of income, or the economic development of the area to be served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated. (b) No relocation assistance (1) In general Except as provided in paragraph (2), no financial assistance authorized by this chapter shall be used to assist a person or entity in relocating from 1 area to another. (2) Outside businesses Financial assistance under this chapter may be used as otherwise authorized by this title to attract businesses from outside the region to the region. (c) Maintenance of effort Funds may be provided for a program or project in a State under this chapter only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this chapter, for the same type of program or project in the same area of the State within the region, will not be reduced as a result of funds made available by this chapter. 3830. Approval of development plans and projects (a) In general A State or regional development plan or any multistate subregional plan that is proposed for development under this chapter shall be reviewed by the Authority. (b) Evaluation by State member An application for a grant or any other assistance for a project under this chapter shall be made through and evaluated for approval by the State member of the Authority representing the applicant. (c) Certification An application for a grant or other assistance for a project shall be approved only on certification by the State member that the application for the project— (1) describes ways in which the project complies with any applicable State development plan; (2) meets applicable criteria under section 3829; (3) provides adequate assurance that the proposed project will be properly administered, operated, and maintained; and (4) otherwise meets the requirements of this chapter. (d) Votes for decisions On certification by a State member of the Authority of an application for a grant or other assistance for a specific project under this section, an affirmative vote of the Authority under section 3822(c) shall be required for approval of the application. 3831. Consent of States Nothing in this chapter requires any State to engage in or accept any program under this chapter without the consent of the State. 3832. Records (a) Records of the authority (1) In general The Authority shall maintain accurate and complete records of all transactions and activities of the Authority. (2) Availability All records of the Authority shall be available for audit and examination by the Comptroller General of the United States and the Inspector General of the Department of Agriculture (including authorized representatives of the Comptroller General and the Inspector General of the Department of Agriculture). (b) Records of recipients of Federal assistance (1) In general A recipient of Federal funds under this chapter shall, as required by the Authority, maintain accurate and complete records of transactions and activities financed with Federal funds and report to the Authority on the transactions and activities to the Authority. (2) Availability All records required under paragraph (1) shall be available for audit by the Comptroller General of the United States, the Inspector General of the Department of Agriculture, and the Authority (including authorized representatives of the Comptroller General, the Inspector General of the Department of Agriculture, and the Authority). (c) Annual audit The Inspector General of the Department of Agriculture shall audit the activities, transactions, and records of the Authority on an annual basis for any fiscal year for which funds are appropriated. 3833. Annual report Not later than 180 days after the end of each fiscal year, the Authority shall submit to the President and to Congress a report describing the activities carried out under this chapter. 3834. Authorization of appropriations (a) In general There is authorized to be appropriated to the Authority to carry out this chapter $30,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (b) Administrative expenses Not more than 5 percent of the amount appropriated under subsection (a) for a fiscal year shall be used for administrative expenses of the Authority. (c) Minimum State share of grants Notwithstanding any other provision of this chapter, for any fiscal year, the aggregate amount of grants received by a State and all persons or entities in the State under this chapter shall be not less than 1/3 of the product obtained by multiplying— (1) the aggregate amount of grants under this chapter for the fiscal year; and (2) the ratio that— (A) the population of the State (as determined by the Secretary of Commerce based on the most recent decennial census for which data are available); bears to (B) the population of the region (as so determined). 3835. Termination of authority The authority provided by this chapter terminates effective October 1, 2018. C General provisions 3901. Full faith and credit (a) In general A guarantee executed by the Secretary under this title shall be an obligation supported by the full faith and credit of the United States. (b) Contestability A guarantee executed by the Secretary under this title shall be incontestable except for fraud or misrepresentation that the lender or any holder— (1) has actual knowledge of at the time the guarantee is executed; or (2) participates in or condones. 3902. Purchase and sale of guaranteed portions of loans (a) In general Subject to subsections (b) and (c), the Secretary may purchase, on such terms and conditions as the Secretary considers appropriate, the guaranteed portion of a loan guaranteed under this title, if the Secretary determines that an adequate secondary market is not available in the private sector. (b) Maximum payment The Secretary may not pay for any guaranteed portion of a loan under subsection (a) in excess of an amount equal to the unpaid principal balance and accrued interest on the guaranteed portion of the loan. (c) Sources of funding The Secretary may use for the purchases— (1) funds from the Rural Development Insurance Fund with respect to rural development loans (as defined in section 3704(a)); and (2) funds from the Agricultural Credit Insurance Fund with respect to all other loans under this title. (d) Sale of guaranteed loans (1) Sales (A) Regulation (i) In general The guaranteed portion of any loan made under this title may be sold by the lender, and by any subsequent holder, in accordance with such regulations governing the sales as the Secretary shall establish, subject to clauses (ii) and (iii). (ii) Fees to be paid in full All fees due the Secretary with respect to a guaranteed loan shall be paid in full before any sale. (iii) Loan to be fully disbursed The loan shall be fully disbursed to the borrower before the sale. (B) Post-sale After a loan is sold in the secondary market, the lender shall— (i) remain obligated under the guarantee agreement of the lender with the Secretary; and (ii) continue to service the loan in accordance with the terms and conditions of that agreement. (C) Procedures The Secretary shall develop such procedures as are necessary for— (i) the facilitation, administration, and promotion of secondary market operations; and (ii) determining the increase of access of farmers to capital at reasonable rates and terms as a result of secondary market operations. (D) Rights to prepay This subsection does not impede or extinguish— (i) the right of the borrower or the successor in interest to the borrower to prepay (in whole or in part) any loan made under this title; or (ii) the rights of any party under any provision of this title. (2) Issue pool certificates (A) In general The Secretary may, directly or through a market maker approved by the Secretary, issue pool certificates representing ownership of part or all of the guaranteed portion of any loan guaranteed by the Secretary under this title. (B) Approval Certificates under subparagraph (A) shall be based on and backed by a pool established or approved by the Secretary and composed solely of the entire guaranteed portion of the loans. (C) Guarantee of pool On such terms and conditions as the Secretary considers appropriate, the Secretary may guarantee the timely payment of the principal and interest on pool certificates issued on behalf of the Secretary by approved market makers for purposes of this subsection. (D) Limitations A guarantee under subparagraph (C) shall be limited to the extent of principal and interest on the guaranteed portions of loans that compose the pool. (E) Prepayment If a loan in a pool is prepaid, either voluntarily or by reason of default, the guarantee of timely payment of principal and interest on the pool certificates shall be reduced in proportion to the amount of principal and interest that the prepaid loan represents in the pool. (F) Interest accrual Interest on prepaid or defaulted loans shall accrue and be guaranteed by the Secretary only through the date of payment on the guarantee. (G) Redemption During the term of the pool certificate, the certificate may be called for redemption due to prepayment or default of all loans constituting the pool. (H) Full faith and credit The full faith and credit of the United States is pledged to the payment of all amounts that may be required to be paid under any guarantee of the pool certificates issued by approved market makers under this subsection. (I) Fees (i) In general The Secretary shall not collect any fee for any guarantee under this subsection. (ii) Secretarial functions Clause (i) does not preclude the Secretary from collecting a fee for the functions described in paragraph (3). (J) Default Not later than 30 days after a borrower of a guaranteed loan is in default of any principal or interest payment due for 60 days or more, the Secretary shall— (i) purchase the pool certificates representing ownership of the guaranteed portion of the loan; and (ii) pay the registered holder of the certificates an amount equal to the guaranteed portion of the loan represented by the certificate. (K) Payment of claims If the Secretary pays a claim under a guarantee issued under this subsection, the claim shall be subrogated fully to the rights satisfied by the payment, as may be provided by the Secretary. (L) Application of laws No State or local law, and no Federal law, shall preclude or limit the exercise by the Secretary of the ownership rights of the Secretary in the portions of loans constituting the pool against which the certificates are issued. (3) Duties of the Secretary (A) In general On the adoption of final rules and regulations, the Secretary shall— (i) provide for the central collection of registration information from all participating market makers for all loans and pool certificates sold under paragraphs (1) and (2), including, with respect to each original sale and any subsequent sale— (I) identification of the interest rate paid by the borrower to the lender; (II) the servicing fee of the lender; (III) disclosure of whether interest on the loan is at a fixed or variable rate; (IV) identification of each purchaser of a pool certificate; (V) the interest rate paid on the certificate; and (VI) such other information as the Secretary considers appropriate. (ii) before any sale, require the seller (as defined in subparagraph (B)) to disclose to each prospective purchaser of the portion of a loan guaranteed under this title and to each prospective purchaser of a pool certificate issued under paragraph (2) information on the terms, conditions, and yield of such instrument; (iii) provide for adequate custody of any pooled guaranteed loans; (iv) take such actions as are necessary, in restructuring pools of the guaranteed portion of loans, to minimize the estimated costs of paying claims under guarantees issued under this subsection; (v) require each market maker— (I) to service all pools formed, and participations sold, by the market maker; and (II) to provide the Secretary with information relating to the collection and disbursement of all periodic payments, prepayments, and default funds from lenders, to or from the reserve fund that the Secretary shall establish to enable the timely payment guarantee to be self-funding, and from all beneficial holders; and (vi) regulate market makers in pool certificates sold under this subsection. (B) Definition of seller For purposes of subparagraph (A)(ii), if the instrument being sold is a loan, the term seller does not include— (i) the person who made the loan; or (ii) any person who sells 3 or fewer guaranteed loans per year. (4) Contract for services The Secretary may contract for goods and services to be used for the purposes of this subsection without regard to titles 5, 40, and 41, United States Code (including any regulations issued under those titles). 3903. Administration (a) Powers of secretary The Secretary may— (1) (A) administer the powers and duties of the Secretary through such national, area, State, or local offices and employees in the United States as the Secretary determines to be necessary; and (B) authorize an office to serve an area composed of 2 or more States if the Secretary determines that the volume of business in the area is not sufficient to justify separate State offices; (2) (A) accept and use voluntary and uncompensated services; and (B) with the consent of the agency concerned, use the officers, employees, equipment, and information of any agency of the Federal Government, or of any State, territory, or political subdivision; (3) subject to appropriations, make necessary expenditures for the purchase or hire of passenger vehicles, and such other facilities and services as the Secretary may from time to time find necessary for the proper administration of this title; (4) subject to subsection (b), compromise, adjust, reduce, or charge-off debts or claims (including debts and claims arising from loan guarantees), and adjust, modify, subordinate, or release the terms of security instruments, leases, contracts, and agreements entered into or administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, the Rural Business-Cooperative Service, or successor agencies under this title, except for activities conducted under the Housing Act of 1949 (42 U.S.C. 1441 et seq.); (5) (A) except for activities conducted under the Housing Act of 1949 ( 42 U.S.C. 1441 et seq. ), collect all claims and obligations administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service, or under any mortgage, lease, contract, or agreement entered into or administered by the Agency or Service; and (B) if the Secretary determines the action is necessary and advisable, pursue the collection to final collection in any court having jurisdiction; (6) release mortgage and other contract liens if it appears that the mortgage and liens have no present or prospective value or that the enforcement of the mortgage and liens likely would be ineffectual or uneconomical; (7) obtain fidelity bonds protecting the Federal Government against fraud and dishonesty of officers and employees of the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service in lieu of faithful performance of duties bonds under section 14 of title 6, United States Code, but otherwise in accordance with the section; (8) consent to— (A) long-term leases of facilities financed under this title notwithstanding the failure of the lessee to meet any of the requirements of this title if the long-term leases are necessary to ensure the continuation of services for which financing was extended to the lessor; and (B) the transfer of property securing any loan or financed by any loan or grant made or guaranteed by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service under this title, or any other law administered by the Secretary, on such terms as the Secretary considers necessary to carry out the purpose of the loan or grant or to protect the financial interest of the Federal Government, provided that the Secretary shall document the consent of the Secretary for the transfer of the property of a borrower in the file of the borrower; and (9) notwithstanding that an area ceases, or has ceased, to be rural, in a rural area, or an eligible area, make loans and grants, and approve transfers and assumptions, under this title on the same basis as though the area still was rural in connection with property securing any loan made or guaranteed by the Secretary under this title or in connection with any property held by the Secretary under this title. (b) Loan adjustments (1) No liquidation of property The Secretary may not require liquidation of property securing any farmer program loan or acceleration of any payment required under any farmer program loan as a prerequisite to initiating an action authorized under subsection (a). (2) Release of personal liability (A) In general Except as provided in subparagraph (B), the Secretary may release a borrower or other person obligated on a debt (other than debt incurred under the Housing Act of 1949 ( 42 U.S.C. 1441 et seq. )) from personal liability with or without payment of any consideration at the time of the compromise, adjustment, reduction, or charge-off of any claim. (B) Exception No compromise, adjustment, reduction, or charge-off of any claim may be made or carried out after the claim has been referred to the Attorney General, unless the Attorney General approves. (3) Rural electrification security instruments In the case of a security instrument entered into under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.), the Secretary shall notify the Attorney General of the intent of the Secretary to exercise the authority of the Secretary under paragraph (2). (c) Simplified application forms for loan guarantees (1) In general The Secretary shall provide to lenders a short, simplified application form for guarantees under this title of— (A) farmer program loans the principal amount of which is $125,000 or less; and (B) business and industry guaranteed loans under section 3601(a)(2)(A) the principal amount of which is— (i) $400,000 or less; or (ii) if the Secretary determines that there is not a significant increased risk of a default on the loan, $600,000 or less. (2) Water and waste disposal grants and loans The Secretary shall develop an application process that accelerates, to the maximum extent practicable, the processing of applications for water and waste disposal grants or direct or guaranteed loans under section 3501(a)(1) the grant award amount or principal loan amount, respectively, of which is $300,000 or less. (3) Administration In developing an application under this subsection, the Secretary shall— (A) consult with commercial and cooperative lenders; and (B) ensure that— (i) the form can be completed manually or electronically, at the option of the lender; (ii) the form minimizes the documentation required to accompany the form; (iii) the cost of completing and processing the form is minimal; and (iv) the form can be completed and processed in an expeditious manner. (d) Use of attorneys for prosecution or defense of claims The Secretary may use for the prosecution or defense of any claim or obligation described in subsection (a)(5) the Attorney General, the General Counsel of the Department, or a private attorney who has entered into a contract with the Secretary. (e) Private collection agency The Secretary may use a private collection agency to collect a claim or obligation described in subsection (a)(5). (f) Security servicing (1) In general The Secretary may— (A) make advances, without regard to any loan or total indebtedness limitation, to preserve and protect the security for, or the lien or priority of the lien securing any loan or other indebtedness owing to or acquired by the Secretary under this title or under any other program administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service applicable program, as determined by the Secretary; and (B) (i) bid for and purchase at any execution, foreclosure, or other sale or otherwise acquire property on which the United States has a lien by reason of a judgment or execution arising from, or that is pledged, mortgaged, conveyed, attached, or levied on to secure the payment of, the indebtedness regardless of whether the property is subject to other liens; (ii) accept title to any property so purchased or acquired; and (iii) sell, manage, or otherwise dispose of the property in accordance with this subsection. (2) Operation or lease of realty Except as provided in subsections (c) and (e), real property administered under this title may be operated or leased by the Secretary for such period as the Secretary may consider necessary to protect the investment of the Federal Government in the property. (g) Payments to lenders (1) Requirement Not later than 90 days after a court of competent jurisdiction confirms a plan of reorganization under chapter 12 of title 11, United States Code, for any borrower to whom a lender has made a loan guaranteed under this title, the Secretary shall pay the lender an amount estimated by the Secretary to be equal to the loss incurred by the lender for purposes of the guarantee. (2) Payment toward loan guarantee Any amount paid to a lender under this subsection with respect to a loan guaranteed under this title shall be treated as payment towards satisfaction of the loan guarantee. 3904. Loan moratorium and policy on foreclosures (a) In general In addition to any other authority that the Secretary may have to defer principal and interest and forgo foreclosure, the Secretary may permit, at the request of the borrower, the deferral of principal and interest on any outstanding loan made or guaranteed by the Secretary under this title, or under any other law administered by the Farm Service Agency, the Rural Utilities Service, the Rural Housing Service, or the Rural Business-Cooperative Service, and may forgo foreclosure of the loan, for such period as the Secretary considers necessary on a showing by the borrower that, due to circumstances beyond the control of the borrower, the borrower is temporarily unable to continue making payments of the principal and interest when due without unduly impairing the standard of living of the borrower. (b) Interest (1) In general Except as provided in paragraph (2), the Secretary may permit any loan deferred under this section to bear no interest during or after the deferral period. (2) Exception If the security instrument securing the loan is foreclosed, such interest as is included in the purchase price at the foreclosure shall become part of the principal and draw interest from the date of foreclosure at the rate prescribed by law. (c) Moratorium regarding civil rights claims (1) In general Except as otherwise provided in this subsection, effective beginning on May 22, 2008, there shall be in effect a moratorium, with respect to farmer program loans made under subtitle A, on all acceleration and foreclosure proceedings instituted by the Department against any farmer who— (A) has pending against the Department a claim of program discrimination that is accepted by the Department as valid; or (B) files a claim of program discrimination that is accepted by the Department as valid. (2) Waiver of interest and offsets During the period of the moratorium, the Secretary shall waive the accrual of interest and offsets on all farmer program loans made under subtitle A for which loan acceleration or foreclosure proceedings have been suspended under paragraph (1). (3) Termination of moratorium The moratorium shall terminate with respect to a claim of discrimination by a farmer on the earlier of— (A) the date the Secretary resolves the claim; or (B) if the farmer appeals the decision of the Secretary on the claim to a court of competent jurisdiction, the date that the court renders a final decision on the claim. (4) Failure to prevail If a farmer does not prevail on a claim of discrimination described in paragraph (1), the farmer shall be liable for any interest and offsets that accrued during the period that loan acceleration or foreclosure proceedings have been suspended under paragraph (1). 3905. Oil and gas royalty payments on loans (a) In general The Secretary shall permit a borrower of a loan made or guaranteed under this title to make a prospective payment on the loan with proceeds from— (1) the leasing of oil, gas, or other mineral rights to real property used to secure the loan; or (2) the sale of oil, gas, or other minerals removed from real property used to secure the loan, if the value of the rights to the oil, gas, or other minerals has not been used to secure the loan. (b) Applicability Subsection (a) shall not apply to a borrower of a loan made or guaranteed under this title with respect to which a liquidation or foreclosure proceeding was pending on December 23, 1985. 3906. Taxation (a) In general Except as provided in subsection (b), all property subject to a lien held by the United States or the title to which is acquired or held by the Secretary under this title (other than property used for administrative purposes) shall be subject to taxation by State, territory, district, and local political subdivisions in the same manner and to the same extent as other property is taxed. (b) Exceptions No tax shall be imposed or collected as described in subsection (a) if the tax (whether as a tax on the instrument or in connection with conveying, transferring, or recording the instrument) is based on— (1) the value of any notes or mortgages or other lien instruments held by or transferred to the Secretary; (2) any notes or lien instruments administered under this title that are made, assigned, or held by a person otherwise liable for the tax; or (3) the value of any property conveyed or transferred to the Secretary. (c) Failure To pay or collect tax The failure to pay or collect a tax under subsection (a) shall not— (1) be a ground for— (A) refusal to record or file an instrument; or (B) failure to provide notice; or (2) prevent the enforcement of the instrument in any Federal or State court. 3907. Conflicts of interest (a) Acceptance of consideration prohibited No officer, attorney, or other employee of the Department shall, directly or indirectly, be the beneficiary of or receive any fee, commission, gift, or other consideration for or in connection with any transaction or business under this title other than such salary, fee, or other compensation as the officer, attorney, or employee may receive as the officer, attorney, or employee. (b) Acquisition of interest in land prohibited (1) In general Except as provided in paragraph (2), no officer or employee of the Department who acts on or reviews an application made by any person under this title for a loan to purchase land may acquire, directly or indirectly, any interest in the land for a period of 3 years after the date on which the action is taken or the review is made. (2) Former county committee members Paragraph (1) shall not apply to a former member of a county committee on a determination by the Secretary, prior to the acquisition of the interest, that the former member acted in good faith when acting on or reviewing the application. (c) Penalties Any person violating this section shall, on conviction of the violation, be punished by a fine of not more than $2,000 or imprisonment for not more than 2 years, or both. 3908. Loan summary statements (a) Definition of summary period In this section, the term summary period means the period beginning on the date of issuance of the preceding loan summary statement and ending on the date of issuance of the current loan summary statement. (b) Issuance of statements On the request of a borrower of a loan made (but not guaranteed) under this title, the Secretary shall issue to the borrower a loan summary statement that reflects the account activity during the summary period for each loan made under this title to the borrower, including— (1) the outstanding amount of principal due on each loan at the beginning of the summary period; (2) the interest rate charged on each loan; (3) the amount of payments made on, and the application of the payments to, each loan during the summary period and an explanation of the basis for the application of the payments; (4) the amount of principal and interest due on each loan at the end of the summary period; (5) the total amount of unpaid principal and interest on all loans at the end of the summary period; (6) any delinquency in the repayment of any loan; (7) a schedule of the amount and date of payments due on each loan; and (8) the procedure the borrower may use to obtain more information concerning the status of the loans. 3909. Certified lenders program (a) Certified lenders program (1) In general The Secretary shall establish a program under which the Secretary shall guarantee loans under this title that are made by lending institutions certified by the Secretary. (2) Certification requirements The Secretary shall certify a lending institution that meets such criteria as the Secretary may prescribe in regulations, including the ability of the institution to properly make, service, and liquidate the loans of the institution. (3) Condition of certification (A) In general As a condition of the certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this section, using standards that are not less stringent than generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. (B) Monitoring The Secretary shall, at least annually, monitor the performance of each certified lender to ensure that the conditions of the certification are being met. (4) Effect of certification Notwithstanding any other provision of law: (A) Amount of loan guarantee In the case of a loan made or guaranteed under subtitle A, the Secretary shall guarantee not more than 80 percent of a loan made under this section by a certified lending institution as described in paragraph (1), subject to a determination that the borrower of the loan meets the eligibility requirements and such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this title. (B) Certifications by lending institutions In the case of loans to be guaranteed by the Secretary under this section, the Secretary shall permit certified lending institutions to make appropriate certifications (as provided by regulations issued by the Secretary)— (i) relating to issues such as creditworthiness, repayment ability, adequacy of collateral, and feasibility of farm operation; and (ii) that the borrower is in compliance with all requirements of law, including regulations issued by the Secretary. (C) Approval process (i) In general The Secretary shall approve or disapprove a guarantee not later than 14 days after the date that the lending institution applies to the Secretary for the guarantee. (ii) Disapproval If the Secretary disapproves the loan application during the 14-day period, the Secretary shall state, in writing, all of the reasons the application was disapproved. (5) Relationship to other requirements Nothing in this section affects the responsibility of the Secretary to certify eligibility, review financial information, and otherwise assess an application. (b) Preferred certified lenders program (1) In general The Secretary shall establish a Preferred Certified Lenders Program for lenders under this title who establish— (A) knowledge of, and experience under, the program established under subsection (a); (B) knowledge of the regulations concerning the guaranteed loan program; and (C) proficiency related to the certified lender program requirements. (2) Revocation of designation (A) In general Subject to subparagraph (B), the designation of a lender as a Preferred Certified Lender shall be revoked at any time— (i) that the Secretary determines that the lender is not adhering to the rules and regulations applicable to the program; or (ii) if the loss experiences of a Preferred Certified Lender are excessive as compared to other Preferred Certified Lenders. (B) Effect A suspension or revocation under subparagraph (A) shall not affect any outstanding guarantee. (3) Condition of certification As a condition of preferred certification, the Secretary shall require the institution to undertake to service the loans guaranteed by the Secretary under this subsection using generally accepted banking standards concerning loan servicing employed by prudent commercial or cooperative lenders. (4) Monitoring The Secretary shall, at least annually, monitor the performance of each Preferred Certified Lender to ensure that the conditions of certification are being met. (5) Effect of preferred lender certification (A) In general Notwithstanding any other provision of law, the Secretary shall— (i) guarantee not more than 80 percent of an approved loan made by a certified lending institution as described in this subsection, subject to a determination that the borrower meets the eligibility requirements or such other criteria as may be applicable to loans guaranteed by the Secretary under other provisions of this title; (ii) permit certified lending institutions— (I) to make all decisions, with respect to loans to be guaranteed by the Secretary under this subsection relating to credit worthiness, the closing, monitoring, collection and liquidation of loans; and (II) to accept appropriate certifications, as provided by regulations issued by the Secretary, that the borrower is in compliance with all requirements of law or regulations promulgated by the Secretary; and (iii) be considered to have guaranteed 80 percent of a loan made by a preferred certified lending institution as described in paragraph (1), if the Secretary fails to approve or reject the application of such institution within 14 calendar days after the date that the lending institution presented the application to the Secretary. (B) Requirement If the Secretary rejects an application under subparagraph (A)(iii) during the 14-day period, the Secretary shall state, in writing, the reasons the application was rejected. (c) Administration of certified lenders and preferred certified lenders programs The Secretary may administer the loan guarantee programs under subsections (a) and (b) through central offices established in States or in multi-State areas. 3910. Loans to resident aliens (a) In general Notwithstanding the provisions of this title limiting the making of a loan to a citizen of the United States, the Secretary may make a loan under this title to an alien lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (b) Regulations (1) In general No loan may be made under this title to an alien referred to in subsection (a) until the Secretary issues regulations establishing the terms and conditions under which the alien may receive the loan. (2) Requirement The Secretary shall submit the regulations to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate at least 30 days prior to the date on which the regulations are published in the Federal Register. 3911. Expedited clearing of title to inventory property (a) In general The Secretary may employ local attorneys, on a case-by-case basis, to process all legal procedures necessary to clear the title to foreclosed properties in the inventory of the Department. (b) Compensation Attorneys shall be compensated at not more than the usual and customary charges of the attorneys for the work. 3912. Transfer of land to Secretary The President may at any time, in the discretion of the President, transfer to the Secretary any right, interest, or title held by the United States in any land acquired in the program of national defense and no longer needed for that purpose that the President finds suitable for the purposes of this title, and the Secretary shall dispose of the transferred land in the manner and subject to the terms and conditions of this title. 3913. Competitive sourcing limitations The Secretary may not complete a study of, or enter into a contract with a private party to carry out, without specific authorization in a subsequent Act of Congress, a competitive sourcing activity of the Secretary, including support personnel of the Department, relating to rural development or farmer program loans. 3914. Regulations The Secretary may issue such regulations, prescribe such terms and conditions for making or guaranteeing loans, security instruments, and agreements, except as otherwise specified in this title, and make such delegations of authority as the Secretary considers necessary to carry out this title. . 6002. Conforming amendments (a) Section 17(c) of the Rural Electrification Act of 1936 ( 7 U.S.C. 917(c) ) is amended by striking paragraph (1) and inserting the following: (1) Subtitle B of the Consolidated Farm and Rural Development Act. . (b) Section 305(c)(2)(B)(i)(I) of the Rural Electrification Act of 1936 ( 7 U.S.C. 935(c)(2)(B)(i)(I) ) is amended by striking section 307(a)(3)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1927(a)(3)(A) ) and inserting section 3701(b)(2) of the Consolidated Farm and Rural Development Act . (c) Section 306F(a)(1) of the Rural Electrification Act of 1936 ( 7 U.S.C. 936f(a)(1) ) is amended by striking subparagraph (B) and inserting the following: (B) chapter 1 of subtitle B of the Consolidated Farm and Rural Development Act. . (d) Section 2333(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 950aaa–2(d) ) is amended— (1) in paragraph (11), by adding and at the end; (2) by striking paragraph (12); and (3) by redesignating paragraph (13) as paragraph (12). (e) Section 601(b) of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb(b) ) is amended by striking paragraph (3). (f) Section 602(5) of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471(5) ) is amended by striking section 355(e)(1)(D)(ii) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1985(e)(1)(D)(ii) ) and inserting section 3409(c)(1)(A) of the Consolidated Farm and Rural Development Act) . (g) Section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) is amended— (1) in subsection (b)(7)(A), by striking section 371 of the Consolidated Farm and Rural Development Act (7 U.S.C. 2008f) and inserting section 3424 of the Consolidated Farm and Rural Development Act ; and (2) in subsection (n)(2), by striking subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et seq.) and inserting chapter 3 of subtitle A of the Consolidated Farm and Rural Development Act . (h) Section 231(a) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(a) ) is amended— (1) in paragraph (1), by striking section 343(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)) and inserting section 3002 of the Consolidated Farm and Rural Development Act ; and (2) in paragraph (4), by striking section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)) and inserting section 3002 of the Consolidated Farm and Rural Development Act . (i) Section 14204(a) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2008q–1(a) ) is amended by striking an entity described in section 379C(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008q(a) ) and inserting an entity determined by the Secretary . (j) Section 607(c)(6) of the Rural Development Policy Act of 1972 ( 7 U.S.C. 2204b(c)(6) ) is amended in the last sentence— (1) by striking , and and inserting and any ; and (2) by striking required under section 306(a)(12) of the Consolidated Farm and Rural Development Act . (k) Section 901(b) of the Agricultural Act of 1970 ( 7 U.S.C. 2204b–1(b) ) is amended by striking rural areas as defined in the private business enterprise exception in section 306(a)(7) of the Consolidated Farmers Home Administration Act of 1961, as amended (7 U.S.C. 1926) and inserting rural areas, as defined in section 3002 of the Consolidated Farm and Rural Development Act . (l) Section 14220 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2206b ) is amended by striking section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act) and inserting section 3002 of the Consolidated Farm and Rural Development Act) . (m) Section 2501(c)(2)(D) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(c)(2)(D) ) is amended by striking sections 355(a)(1) and 355(c) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(a)(1) ) and inserting paragraphs (1) and (3) of section 3416(a) of the Consolidated Farm and Rural Development Act . (n) Section 2501A(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279–1(b) ) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)) and inserting section 3002 of the Consolidated Farm and Rural Development Act . (o) Section 7405(c)(8)(B) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f(c)(8)(B) ) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) ) and inserting section 3002 of the Consolidated Farm and Rural Development Act) . (p) Section 1101(d)(2)(A) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8711(d)(2)(A) ) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) ) and inserting section 3002 of the Consolidated Farm and Rural Development Act) . (q) Section 1302(d)(2)(A) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8752(d)(2)(A) ) is amended by striking section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) ) and inserting section 3002 of the Consolidated Farm and Rural Development Act) . (r) Section 2375(g) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 6613(g) ) is amended by striking section 304(b), 306(a), or 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924(b) , 1926(a), and 1932(e)) and inserting subtitle B of the Consolidated Farm and Rural Development Act . (s) Section 226B(a)(1) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(a)(1) ) is amended by striking section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ) and inserting section 3002 of the Consolidated Farm and Rural Development Act . (t) Section 196(i)(3)(B) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(i)(3)(B) ) is amended by striking subtitle C of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 et seq. ) and inserting chapter 3 of subtitle A of the Consolidated Farm and Rural Development Act . (u) Section 9009(a)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8109(a)(1) ) is amended by striking section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) )) and inserting section 3002 of the Consolidated Farm and Rural Development Act . (v) Section 9011(c)(2)(B)(v) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111(c)(2)(B)(v) ) is amended by striking subclause (I) and inserting the following: (I) beginning farmers (as defined in accordance with section 3002 of the Consolidated Farm and Rural Development Act); or . (w) Section 7(b)(2)(B) of the Small Business Act ( 15 U.S.C. 636(b)(2)(B) ) is amended by striking section 321 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961 ) and inserting section 3301 of the Consolidated Farm and Rural Development Act . (x) Section 8(b)(5)(B)(iii)(III)(bb) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)(B)(iii)(III)(bb)) is amended by striking section 355(e)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e)(1) ) and inserting section 3002 of the Consolidated Farm and Rural Development Act) . (y) Section 10(b)(3) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2106(b)(3) ) is amended in the last sentence by striking set out in the first clause of section 306(a)(7) of the Consolidated Farm and Rural Development Act and inserting given the term in section 3002 of the Consolidated Farm and Rural Development Act . (z) Section 1201(a)(2) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(2) ) is amended by striking section 343(a)(8) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1991(a)(8)) and inserting section 3002 of the Consolidated Farm and Rural Development Act . (aa) Section 1238(2) of the Food Security Act of 1985 ( 16 U.S.C. 3838(2) ) is amended by striking section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ) and inserting section 3002 of the Consolidated Farm and Rural Development Act . (bb) Section 5 of Public Law 91–229 (25 U.S.C. 492) is amended by striking section 307(a)(3)(B) of the Consolidated Farmers Home Administration Act of 1961, as amended, and to the provisions of subtitle D of that Act except sections 340, 341, 342, and 343 and inserting 3105(b)(2) of the Consolidated Farm and Rural Development Act . (cc) Section 6(c) of Public Law 91–229 (25 U.S.C. 493(c)) is amended by striking section 333B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1983b ) and inserting subtitle H of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6991 et seq. ) . (dd) Section 181(a)(2)(B)(ii) of the Internal Revenue Code of 1986 is amended by striking section 2009aa–1 of title 7, United States Code and inserting section 3801 of the Consolidated Farm and Rural Development Act . (ee) Section 515(b)(3) of the Housing Act of 1949 ( 42 U.S.C. 1485(b)(3) ) is amended by striking all the provisions of section 309 and the second and third sentences of section 308 of the Consolidated Farmers Home Administration Act of 1961, including the authority in section 309(f)(1) of that Act and inserting section 3401 of the Consolidated Farm and Rural Development Act . (ff) Section 517(b) of the Housing Act of 1949 ( 42 U.S.C. 1487(b) ) is amended in the third sentence by striking (7 U.S.C. 1929) and inserting under section 3401 of the Consolidated Farm and Rural Development Act . (gg) Section 3(8) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122(8) ) is amended— (1) by striking subparagraph (B) and inserting the following: (B) the Delta Regional Authority established under chapter 4 of subtitle B of the Consolidated Farm and Rural Development Act; ; and (2) by striking subparagraph (D) and inserting the following: (D) the Northern Great Plains Regional Authority established under chapter 5 of subtitle B of the Consolidated Farm and Rural Development Act. . (hh) Section 310(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5153(a) ) is amended by striking paragraph (4) and inserting the following: (4) Chapter 1 of subtitle B of the Consolidated Farm and Rural Development Act. . (ii) Section 582(d)(1) of the National Flood Insurance Reform Act of 1994 ( 42 U.S.C. 5154a(d)(1) ) is amended by striking section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) and inserting section 3301(b) of the Consolidated Farm and Rural Development Act . (jj) Section 213(c)(1) of the Biomass Energy and Alcohol Fuels Act of 1980 ( 42 U.S.C. 8813(c)(1) ) is amended in the first sentence by striking section 309 of the Consolidated Farm and Rural Development Act or the Rural Development Insurance Fund in section 309A of such Act and inserting under section 3401 of the Consolidated Farm and Rural Development Act or the Rural Development Insurance Fund under section 3704 of that Act . (kk) Section 1323(b)(2) of the Food Security Act of 1985 ( Public Law 99–198 ; 7 U.S.C. 1932 note) is amended— (1) in subparagraph (A), by inserting and at the end; (2) in subparagraph (B), by striking ; and at the end and inserting a period; and (3) by striking subparagraph (C). B Rural electrification 6101. Definition of rural area Section 13(3) of the Rural Electrification Act of 1936 (7 U.S.C. 913(A)) is amended by striking subparagraph (A) and inserting the following: (A) any area described in section 3002(28)(A)(i) of the Consolidated Farm and Rural Development Act; and . 6102. Guarantees for bonds and notes issued for electrification or telephone purposes Section 313A(f) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940c–1(f) ) is amended by striking 2012 and inserting 2018 . 6103. Expansion of 911 access Section 315(d) of the Rural Electrification Act of 1936 ( 7 U.S.C. 940e(d) ) is amended by striking 2012 and inserting 2018 . 6104. Access to broadband telecommunications services in rural areas Section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb ) is amended— (1) in subsection (a), by striking loans and and inserting grants, loans, and ; (2) in subsection (b), by striking paragraph (3) and inserting the following: (3) Rural area The term rural area means any area described in section 3002 of the Consolidated Farm and Rural Development Act. (4) Ultra-high speed service The term ultra-high speed service means broadband service operating at a 1 gigabit per second downstream transmission capacity. ; (3) in subsection (c)— (A) in the subsection heading, by striking Loans and and inserting Grants, loans, and ; (B) in paragraph (1), by inserting make grants and after Secretary shall ; (C) by striking paragraph (2) and inserting the following: (2) Priority (A) In general In making grants, loans, or loan guarantees under paragraph (1), the Secretary shall— (i) establish not less than 2, and not more than 4, evaluation periods for each fiscal year to compare grant, loan, and loan guarantee applications and to prioritize grants, loans, and loan guarantees to all or part of rural communities that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e); (ii) give the highest priority to applicants that offer to provide broadband service to the greatest proportion of unserved rural households or rural households that do not have residential broadband service that meets the minimum acceptable level of broadband service established under subsection (e), as— (I) certified by the affected community, city, county, or designee; or (II) demonstrated on— (aa) the broadband map of the affected State if the map contains address-level data; or (bb) the National Broad­band Map if address-level data is unavailable; and (iii) provide equal consideration to all qualified applicants, including those that have not previously received grants, loans, or loan guarantees under paragraph (1). (B) Other After giving priority to the applicants described in subparagraph (A), the Secretary shall then give priority to projects that serve rural communities— (i) with a population of less than 20,000 permanent residents; (ii) experiencing outmigration; (iii) with a high percentage of low-income residents; and (iv) that are isolated from other significant population centers. ; and (D) by adding at the end the following: (3) Grant amounts (A) Eligibility To be eligible for a grant under this section, the project that is the subject of the grant shall be carried out in a rural area. (B) Maximum Except as provided in subparagraph (D), the amount of any grant made under this section shall not exceed 50 percent of the development costs of the project for which the grant is provided. (C) Grant rate The Secretary shall establish the grant rate for each project in accordance with regulations issued by the Secretary that shall provide for a graduated scale of grant rates that establish higher rates for projects in communities that have— (i) remote locations; (ii) low community populations; (iii) low-income levels; (iv) developed the applications of the communities with the participation of combinations of stakeholders, including— (I) State, local, and tribal governments; (II) nonprofit institutions; (III) institutions of higher education; (IV) private entities; and (V) philanthropic organizations; and (v) targeted funding to provide the minimum acceptable level of broadband service established under subsection (e) in all or part of an unserved community that is below that minimum acceptable level of broadband service. (D) Secretarial authority to adjust The Secretary may make grants of up to 75 percent of the development costs of the project for which the grant is provided to an eligible entity if the Secretary determines that the project serves a remote or low-income area that does not have access to broadband service from any provider of broadband service (including the applicant). ; (4) in subsection (d)— (A) in paragraph (1)(A)— (i) in the matter preceding clause (i), by striking loan or and inserting grant, loan, or ; (ii) by striking clause (i) and inserting the following: (i) demonstrate the ability— (I) to furnish, improve in order to meet the minimum acceptable level of broad­band service established under subsection (e), or extend broad­band service to all or part of an unserved rural area or an area below the minimum acceptable level of broad­band service established under subsection (e); or (II) to carry out a project under paragraph (4)(B)(ii); ; (iii) in clause (ii), by striking a loan application and inserting an application ; and (iv) in clause (iii)— (I) by striking the loan application and inserting the application ; and (II) by striking proceeds from the loan made or guaranteed under this section are and inserting assistance under this section is ; (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter preceding clause (i)— (aa) by striking the proceeds of a loan made or guaranteed and inserting assistance ; and (bb) by striking for the loan or loan guarantee and inserting of the eligible entity ; (II) in clause (i), by striking is offered broadband service by not more than 1 incumbent service provider and inserting are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e) ; and (III) in clause (ii), by striking 3 and inserting 2 ; (ii) by striking subparagraph (B) and inserting the following: (B) Adjustments (i) Increase The Secretary may increase the household percentage requirement under subparagraph (A)(i) if— (I) more than 25 percent of the costs of the project are funded by grants made under this section; or (II) the proposed service territory includes 1 or more communities with a population in excess of 20,000. (ii) Reduction The Secretary may reduce the household percentage requirement under subparagraph (A)(i)— (I) to not less than 15 percent, if the proposed service territory does not have a population in excess of 5,000 people; or (II) to not less than 18 percent, if the proposed service territory does not have a population in excess of 7,500 people. ; and (iii) in subparagraph (C)— (I) in the subparagraph heading, by striking 3 and inserting 2 ; (II) in clause (i), by inserting the minimum acceptable level of broadband service established under subsection (e) in after service to ; and (III) by striking clause (ii) and inserting the following: (ii) Exceptions Clause (i) shall not apply if— (I) the applicant is eligible for funding under another title of this Act; or (II) the project is being carried out under paragraph (4)(B)(ii), unless an incumbent service provider is providing ultra-high speed service as of the date of an application for assistance submitted to the Secretary under this section. ; (C) in paragraph (3)— (i) in subparagraph (A), by striking loan or and inserting grant, loan, or ; and (ii) in subparagraph (B), by adding at the end the following: (iii) Information Information submitted under this subparagraph shall be— (I) certified by the affected community, city, county, or designee; and (II) demonstrated on— (aa) the broadband map of the affected State if the map contains address-level data; or (bb) the National Broadband Map if address-level data is unavailable. ; (D) in paragraph (4)— (i) by striking Subject to paragraph (1), and inserting the following: (A) In general Subject to paragraph (1) and subparagraph (B), ; (ii) by striking loan or and inserting grant, loan, or ; and (iii) by adding at the end the following: (B) Pilot programs The Secretary shall establish pilot programs under which the Secretary may, at the discretion of the Secretary, provide grants, loans, or loan guarantees under this section to eligible entities, including interested entities described in subparagraph (A)— (i) to address areas that are unserved or have service levels below the minimum acceptable level of broadband service established under subsection (e); or (ii) for the purposes of providing a proposed service territory with ultra-high speed service, subject to the conditions that— (I) not more than 5 projects, and not more than 1 project in any State, shall be carried out under this clause during the period beginning on the date of enactment of this Act and ending on September 30, 2018; (II) for each fiscal year, not more than 10 percent of the funds made available under subsection (l) shall be used to carry out this clause; (III) for each fiscal year, not more than 20 percent of the funds made available under subclause (II) shall be used for any 1 project; and (IV) paragraph (2)(A)(i) shall apply to the project, unless— (aa) the Secretary determines that no other project in the State is funded under this section; and (bb) no application for any other project that could be funded under this section, other than under this clause, is pending in the State. ; (E) in paragraph (5)— (i) in the matter preceding subparagraph (A), by striking loan or and inserting grant, loan, or ; and (ii) in subparagraph (C), by inserting , and proportion relative to the service territory, after estimated number ; (F) in paragraph (6), by striking loan or and inserting grant, loan, or ; (G) in paragraph (7), by striking a loan application and inserting an application ; and (H) by adding at the end the following: (8) Transparency and reporting The Secretary— (A) shall require any entity receiving assistance under this section to submit quarterly, in a format specified by the Secretary, a report that describes— (i) the use by the entity of the assistance, including new equipment and capacity enhancements that support high-speed broadband access for educational institutions, health care providers, and public safety service providers (including the estimated number of end users who are currently using or forecasted to use the new or upgraded infrastructure); and (ii) the progress towards fulfilling the objectives for which the assistance was granted, including— (I) the number and location of residences and businesses that will receive new broadband service, existing network service improvements, and facility upgrades resulting from the Federal assistance; (II) the speed of broadband service; (III) the price of broadband service; (IV) any changes in broadband service adoption rates, including new subscribers generated from demand-side projects; and (V) any other metrics the Secretary determines to be appropriate; (B) shall maintain a fully searchable database, accessible on the Internet at no cost to the public, that contains, at a minimum— (i) a list of each entity that has applied for assistance under this section; (ii) a description of each application, including the status of each application; (iii) for each entity receiving assistance under this section— (I) the name of the entity; (II) the type of assistance being received; (III) the purpose for which the entity is receiving the assistance; and (IV) each quarterly report submitted under subparagraph (A); and (iv) such other information as is sufficient to allow the public to understand and monitor assistance provided under this section; (C) shall, in addition to other authority under applicable law, establish written procedures for all broadband programs administered by the Secretary that, to the maximum extent practicable— (i) recover funds from loan defaults; (ii) (I) deobligate awards to grantees that demonstrate an insufficient level of performance (including failure to meet build-out requirements, service quality issues, or other metrics determined by the Secretary) or wasteful or fraudulent spending; and (II) award those funds, on a competitive basis, to new or existing applicants consistent with this section; and (iii) consolidate and minimize overlap among the programs; (D) with respect to an application for assistance under this section, shall— (i) promptly post on the website of the Rural Utility Service— (I) an announcement that identifies— (aa) each applicant; (bb) the amount and type of support requested by each applicant; and (II) a list of the census block groups or proposed service territory, in a manner specified by the Secretary, that the applicant proposes to service; (ii) provide not less than 15 days for broadband service providers to voluntarily submit information about the broadband services that the providers offer in the groups or tracts listed under clause (i)(II) so that the Secretary may assess whether the applications submitted meet the eligibility requirements under this section; and (iii) if no broadband service provider submits information under clause (ii), consider the number of providers in the group or tract to be established by reference to— (I) the most current National Broadband Map of the National Telecommunications and Information Administration; or (II) any other data regarding the availability of broadband service that the Secretary may collect or obtain through reasonable efforts; and (E) may establish additional reporting and information requirements for any recipient of any assistance under this section so as to ensure compliance with this section. ; (5) in subsection (e)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by striking paragraph (1) and inserting the following: (1) In general Subject to paragraph (2), for purposes of this section, the minimum acceptable level of broadband service for a rural area shall be at least— (A) a 4-Mbps downstream transmission capacity; and (B) a 1-Mbps upstream transmission capacity. (2) Adjustments (A) In general At least once every 2 years, the Secretary shall review, and may adjust, the minimum acceptable level of broad­band service established under paragraph (1) to ensure that high-quality, cost-effective broad­band service is provided to rural areas over time. (B) Considerations In making an adjustment to the minimum acceptable level of broadband service under subparagraph (A), the Secretary may consider establishing different transmission rates for fixed broadband service and mobile broadband service. ; (6) in subsection (f), by striking make a loan or loan guarantee and inserting provide assistance ; (7) in subsection (g), by striking paragraph (2) and inserting the following: (2) Terms In determining the term and conditions of a loan or loan guarantee, the Secretary may— (A) consider whether the recipient would be serving an area that is unserved; and (B) if the Secretary makes a determination in the affirmative under subparagraph (A), establish a limited initial deferral period or comparable terms necessary to achieve the financial feasibility and long-term sustainability of the project. ; (8) in subsection (j)— (A) in the matter preceding paragraph (1), by striking loan and loan guarantee ; (B) in paragraph (1)— (i) by inserting grants and after number of ; and (ii) by inserting , including any loan terms or conditions for which the Secretary provided additional assistance to unserved areas before the semicolon at the end; (C) in paragraph (2)— (i) in subparagraph (A), by striking loan ; and (ii) in subparagraph (B), by striking loans and and inserting grants, loans, and ; (D) in paragraph (3), by striking loan ; (E) in paragraph (5), by striking and at the end; (F) in paragraph (6), by striking the period at the end and inserting ; and ; and (G) by adding at the end the following: (7) the overall progress towards fulfilling the goal of improving the quality of rural life by expanding rural broadband access, as demonstrated by metrics, including— (A) the number of residences and businesses receiving new broadband services; (B) network improvements, including facility upgrades and equipment purchases; (C) average broadband speeds and prices on a local and statewide basis; (D) any changes in broadband adoption rates; and (E) any specific activities that increased high speed broadband access for educational institutions, health care providers. and public safety service providers. ; and (9) by redesignating subsections (k) and (l) as subsections (l) and (m), respectively; (10) by inserting after subsection (j) the following: (k) Broadband buildout data (1) In general As a condition of receiving a grant, loan, or loan guarantee under this section, a recipient of assistance shall provide to the Secretary address-level broadband buildout data that indicates the location of new broadband service that is being provided or upgraded within the service territory supported by the grant, loan, or loan guarantee— (A) for purposes of inclusion in the semiannual updates to the National Broadband Map that is managed by the National Telecommunications and Information Administration (referred to in this subsection as the Administration ); and (B) not later than 30 days after the earlier of— (i) the date of completion of any project milestone established by the Secretary; or (ii) the date of completion of the project. (2) Address-level data Effective beginning on the date the Administration receives data described in paragraph (1), the Administration shall use only address-level broadband buildout data for the National Broadband Map. (3) Corrections (A) In general The Secretary shall submit to the Administration any correction to the National Broadband Map that is based on the actual level of broadband coverage within the rural area, including any requests for a correction from an elected or economic development official. (B) Incorporation Not later than 30 days after the date on which the Administration receives a correction submitted under subparagraph (A), the Administration shall incorporate the correction into the National Broadband Map. (C) Use If the Secretary has submitted a correction to the Administration under subparagraph (A), but the National Broadband Map has not been updated to reflect the correct by the date on which the Secretary is making a grant or loan award decision under this section, the Secretary may use the correction submitted under that subparagraph for purposes of make the grant or loan award decision. ; (11) subsection (l) (as redesignated by paragraph (9))— (A) in paragraph (1)— (i) by striking $25,000,000 and inserting $50,000,000 ; and (ii) by striking 2012 and inserting 2018 ; and (B) in paragraph (2)(A)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (iii) set aside at least 1 percent to be used for— (I) conducting oversight under this section; and (II) implementing accountability measures and related activities authorized under this section. ; and (12) in subsection (m) (as redesignated by paragraph (9))— (A) by striking loan or and inserting grant, loan, or ; and (B) by striking 2012 and inserting 2018 . C Miscellaneous 6201. Distance learning and telemedicine (a) Authorization of appropriations Section 2335A of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa–5) is amended by striking 2012 and inserting 2018 . (b) Conforming amendment Section 1(b) of Public Law 102–551 (7 U.S.C. 950aaa note) is amended by striking 2012 and inserting 2018 . 6202. Definition of rural area for purposes of the Housing Act of 1949 The second sentence of section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 ) is amended— (1) by striking 1990 or 2000 decennial census shall continue to be so classified until the receipt of data from the decennial census in the year 2010 and inserting 1990, 2000, or 2010 decennial census, and any area deemed to be a rural area for purposes of this title under any other provision of law at any time during the period beginning January 1, 2000, and ending December 31, 2010, shall continue to be so classified until the receipt of data from the decennial census in the year 2020 ; and (2) by striking 25,000 and inserting 35,000 . 6203. Rural energy savings program Subtitle E of title VI of the Farm Security and Rural Investment Act of 2002 ( Public Law 107–171 ; 116 Stat. 424) is amended by adding at the end the following: 6407. Rural energy savings program (a) Purpose The purpose of this section is to create jobs, promote rural development, and help rural families and small businesses achieve cost savings by providing loans to qualified consumers to implement durable cost-effective energy efficiency measures. (b) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) any public power district, public utility district, or similar entity, or any electric cooperative described in section 501(c)(12) or 1381(a)(2) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency); (B) any entity primarily owned or controlled by 1 or more entities described in subparagraph (A); or (C) any other entity that is an eligible borrower of the Rural Utility Service, as determined under section 1710.101 of title 7, Code of Federal Regulations (or a successor regulation). (2) Energy efficiency measures The term energy efficiency measures means, for or at property served by an eligible entity, structural improvements and investments in cost-effective, commercial technologies to increase energy efficiency. (3) Qualified consumer The term qualified consumer means a consumer served by an eligible entity that has the ability to repay a loan made under subsection (d), as determined by the eligible entity. (4) Secretary The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Rural Utilities Service. (c) Loans to Eligible Entities (1) In general Subject to paragraph (2), the Secretary shall make loans to eligible entities that agree to use the loan funds to make loans to qualified consumers for the purpose of implementing energy efficiency measures. (2) Requirements (A) In general As a condition of receiving a loan under this subsection, an eligible entity shall— (i) establish a list of energy efficiency measures that is expected to decrease energy use or costs of qualified consumers; (ii) prepare an implementation plan for use of the loan funds, including use of any interest to be received pursuant to subsection (d)(1)(A); (iii) provide for appropriate measurement and verification to ensure— (I) the effectiveness of the energy efficiency loans made by the eligible entity; and (II) that there is no conflict of interest in carrying out this section; and (iv) demonstrate expertise in effective use of energy efficiency measures at an appropriate scale. (B) Revision of list of energy efficiency measures Subject to the approval of the Secretary, an eligible entity may update the list required under subparagraph (A)(i) to account for newly available efficiency technologies. (C) Existing energy efficiency programs An eligible entity that, at any time before the date that is 60 days after the date of enactment of this section, has established an energy efficiency program for qualified consumers may use an existing list of energy efficiency measures, implementation plan, or measurement and verification system of that program to satisfy the requirements of subparagraph (A) if the Secretary determines the list, plan, or systems are consistent with the purposes of this section. (3) No interest A loan under this subsection shall bear no interest. (4) Repayment With respect to a loan under paragraph (1)— (A) the term shall not exceed 20 years from the date on which the loan is closed; and (B) except as provided in paragraph (6), the repayment of each advance shall be amortized for a period not to exceed 10 years. (5) Amount of advances Any advance of loan funds to an eligible entity in any single year shall not exceed 50 percent of the approved loan amount. (6) Special advance for start-up activities (A) In general In order to assist an eligible entity in defraying the appropriate start-up costs (as determined by the Secretary) of establishing new programs or modifying existing programs to carry out subsection (d), the Secretary shall allow an eligible entity to request a special advance. (B) Amount No eligible entity may receive a special advance under this paragraph for an amount that is greater than 4 percent of the loan amount received by the eligible entity under paragraph (1). (C) Repayment Repayment of the special advance— (i) shall be required during the 10-year period beginning on the date on which the special advance is made; and (ii) at the election of the eligible entity, may be deferred to the end of the 10-year period. (7) Limitation All special advances shall be made under a loan described in paragraph (1) during the first 10 years of the term of the loan. (d) Loans to qualified consumers (1) Terms of loans Loans made by an eligible entity to qualified consumers using loan funds provided by the Secretary under subsection (c)— (A) may bear interest, not to exceed 3 percent, to be used for purposes that include— (i) to establish a loan loss reserve; and (ii) to offset personnel and program costs of eligible entities to provide the loans; (B) shall finance energy efficiency measures for the purpose of decreasing energy usage or costs of the qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the qualified consumer, as determined by the eligible entity; (C) shall not be used to fund purchases of, or modifications to, personal property unless the personal property is or becomes attached to real property (including a manufactured home) as a fixture; (D) shall be repaid through charges added to the electric bill for the property for, or at which, energy efficiency measures are or will be implemented, on the condition that this requirement does not prohibit— (i) the voluntary prepayment of a loan by the owner of the property; or (ii) the use of any additional repayment mechanisms that are— (I) demonstrated to have appropriate risk mitigation features, as determined by the eligible entity; or (II) required if the qualified consumer is no longer a customer of the eligible entity; and (E) shall require an energy audit by an eligible entity to determine the impact of proposed energy efficiency measures on the energy costs and consumption of the qualified consumer. (2) Contractors In addition to any other qualified general contractor, eligible entities may serve as general contractors. (e) Contract for measurement and verification, training, and technical assistance (1) In general Not later than 90 days after the date of enactment of this section, the Secretary— (A) shall establish a plan for measurement and verification, training, and technical assistance of the program; and (B) may enter into 1 or more contracts with a qualified entity for the purposes of— (i) providing measurement and verification activities; and (ii) developing a program to provide technical assistance and training to the employees of eligible entities to carry out this section. (2) Use of subcontractors authorized A qualified entity that enters into a contract under paragraph (1) may use subcontractors to assist the qualified entity in carrying out the contract. (f) Fast Start demonstration projects (1) In general The Secretary shall offer to enter into agreements with eligible entities (or groups of eligible entities) that have energy efficiency programs described in subsection (c)(2)(C) to establish an energy efficiency loan demonstration projects consistent with the purposes of this section. (2) Evaluation criteria In determining which eligible entities to award loans under this section, the Secretary shall take into consideration eligible entities that— (A) implement approaches to energy audits and investments in energy efficiency measures that yield measurable and predictable savings; (B) use measurement and verification processes to determine the effectiveness of energy efficiency loans made by eligible entities; (C) include training for employees of eligible entities, including any contractors of such entities, to implement or oversee the activities described in subparagraphs (A) and (B); (D) provide for the participation of a majority of eligible entities in a State; (E) reduce the need for generating capacity; (F) provide efficiency loans to— (i) in the case of a single eligible entity, not fewer than 20,000 consumers; or (ii) in the case of a group of eligible entities, not fewer than 80,000 consumers; and (G) serve areas in which, as determined by the Secretary, a large percentage of consumers reside— (i) in manufactured homes; or (ii) in housing units that are more than 50 years old. (3) Deadline for implementation To the maximum extent practicable, the Secretary shall enter into agreements described in paragraph (1) by not later than 90 days after the date of enactment of this section. (4) Effect on availability of loans nationally Nothing in this subsection shall delay the availability of loans to eligible entities on a national basis beginning not later than 180 days after the date of enactment of this section. (5) Additional demonstration project authority (A) In general The Secretary may conduct demonstration projects in addition to the project required by paragraph (1). (B) Inapplicability of certain criteria The additional demonstration projects may be carried out without regard to subparagraphs (D), (F), or (G) of paragraph (2). (g) Additional authority The authority provided in this section is in addition to any other authority of the Secretary to offer loans under any other law. (h) Effective Period Subject to the availability of funds and except as otherwise provided in this section, the loans and other expenditures required to be made under this section shall be available until expended, with the Secretary authorized to make new loans as loans are repaid. (i) Regulations (1) In general Except as otherwise provided in this subsection, not later than 180 days after the date of enactment of this section, the Secretary shall promulgate such regulations as are necessary to implement this section. (2) Procedure The promulgation of the regulations and administration of this section shall be made without regard to— (A) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (B) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (3) Congressional review of agency rulemaking In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. (4) Interim regulations Notwithstanding paragraphs (1) and (2), to the extent regulations are necessary to carry out any provision of this section, the Secretary shall implement such regulations through the promulgation of an interim rule. . 6204. Funding of pending rural development loan and grant applications (a) In general The Secretary shall use funds made available under subsection (b) to provide funds for applications that are pending on the date of enactment of this Act in accordance with the terms and conditions of section 6029 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1955). (b) Funding Notwithstanding any other provision of law, beginning in fiscal year 2014, of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $150,000,000, to remain available until expended. 6205. Study of rural transportation issues (a) In general The Secretary and the Secretary of Transportation shall jointly conduct a study of transportation issues regarding the movement of agricultural products, domestically produced renewable fuels, and domestically produced resources for the production of electricity for rural areas of the United States, and economic development in those areas. (b) Inclusions The study shall include an examination of— (1) the importance of freight transportation, including rail, truck, and barge, to— (A) the delivery of equipment, seed, fertilizer, and other products important to the development of agricultural commodities and products; (B) the movement of agricultural commodities and products to market; (C) the delivery of ethanol and other renewable fuels; (D) the delivery of domestically produced resources for use in the generation of electricity for rural areas; (E) the location of grain elevators, ethanol plants, and other facilities; (F) the development of manufacturing facilities in rural areas; and (G) the vitality and economic development of rural communities; (2) the sufficiency in rural areas of transportation capacity, the sufficiency of competition in the transportation system, the reliability of transportation services, and the reasonableness of transportation rates; (3) the sufficiency of facility investment in rural areas necessary for efficient and cost-effective transportation; and (4) the accessibility to shippers in rural areas of Federal processes for the resolution of grievances arising within various transportation modes. (c) Report to congress Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of Transportation shall submit a report to Congress that contains the results of the study required under subsection (a). (d) Periodic updates The Secretary and the Secretary of Transportation shall publish triennially an updated version of the study described in subsection (a). 6206. Agricultural transportation policy Section 203 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1622 ) is amended by striking subsection (j) and inserting the following: (j) Policy development proceedings The Secretary shall participate on behalf of the interests of agriculture and rural America in all policy development proceedings or other proceedings of the Surface Transportation Board that may establish freight rail transportation policy affecting agriculture and rural America. . 6207. Value-added agricultural market development program grants Section 231(b) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(b) ) is amended— (1) in paragraph (6)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) )). ; and (2) in paragraph (7)(B), by striking 2012 and inserting 2017 . VII Research, Extension, and Related Matters A National Agricultural Research, Extension, and Teaching Policy Act of 1977 7101. National Agricultural Research, Extension, Education, and Economics Advisory Board (a) Authorization of appropriations Section 1408(h) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123(h) ) is amended by striking 2012 and inserting 2018 . (b) Duties of National Agricultural Research, Extension, Education, and Economics Advisory Board Section 1408(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123(c) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4)(C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) consult with industry groups on agricultural research, extension, education, and economics, and make recommendations to the Secretary based on that consultation. . 7102. Specialty crop committee Section 1408A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123a ) is amended— (1) in subsection (b)— (A) by striking Individuals and inserting the following: (1) Eligibility Individuals ; (B) by striking Members and inserting the following: (2) Service Members ; and (C) by adding at the end the following: (3) Diversity Membership of the specialty crops committee shall reflect diversity in the specialty crops represented. ; (2) in subsection (c), by adding at the end the following: (6) Analysis of alignment of specialty crop committee recommendations with specialty crop research initiative grants awarded under section 412(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632). ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following: (d) Consultation with specialty crop industry In studying the scope and effectiveness of programs under subsection (a), the specialty crops committee shall consult on an ongoing basis with diverse sectors of the specialty crop industry. ; and (5) in subsection (f) (as redesignated by paragraph (3)), by striking subsection (d) and inserting subsection (e) . 7103. Veterinary services grant program The National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1415A ( 7 U.S.C. 3151a ) the following: 1415B. Veterinary services grant program (a) Definitions In this section: (1) Qualified entity The term qualified entity means— (A) a for-profit or nonprofit entity located in the United States that operates a veterinary clinic providing veterinary services— (i) in a rural area, as defined in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ); and (ii) in response to a veterinarian shortage situation; (B) a State, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association; (C) a college or school of veterinary medicine accredited by the American Veterinary Medical Association; (D) a university research foundation or veterinary medical foundation; (E) a department of veterinary science or department of comparative medicine accredited by the Department of Education; (F) a State agricultural experiment station; and (G) a State, local, or tribal government agency. (2) Veterinarian shortage situation The term veterinarian shortage situation means a veterinarian shortage situation determined by the Secretary under section 1415A(b). (b) Establishment of program (1) Competitive grants The Secretary shall carry out a program to make competitive grants to qualified entities that carry out programs or activities described in paragraph (2) for the purpose of developing, implementing, and sustaining veterinary services. (2) Eligibility requirements To be eligible to receive a grant described in paragraph (1), a qualified entity shall carry out programs or activities that the Secretary determines will— (A) substantially relieve veterinarian shortage situations; (B) support or facilitate private veterinary practices engaged in public health activities; or (C) support or facilitate the practices of veterinarians who are participating in or have successfully completed a service requirement under section 1415A(a)(2). (c) Award processes and preferences (1) Application, evaluation, and input processes In administering the grant program under this section, the Secretary shall— (A) use an appropriate application and evaluation process, as determined by the Secretary; and (B) seek the input of interested persons. (2) Grant preferences In selecting recipients of grants to be used for any of the purposes described in paragraphs (2) through (6) of subsection (d), the Secretary shall give a preference to qualified entities that provide documentation of coordination with other qualified entities, with respect to any such purpose. (3) Additional preferences In awarding grants under this section, the Secretary may develop additional preferences by taking into account the amount of funds available for grants and the purposes for which the grant funds will be used. (4) Applicability of other provisions Sections 1413B, 1462(a), 1469(a)(3), 1469(c), and 1470 apply to the administration of the grant program under this section. (d) Use of grants To relieve veterinarian shortage situations and support veterinary services A qualified entity may use funds provided by grants under this section to relieve veterinarian shortage situations and support veterinary services for the following purposes: (1) To assist veterinarians with establishing or expanding practices for the purpose of— (A) equipping veterinary offices; (B) sharing in the reasonable overhead costs of the practices, as determined by the Secretary; or (C) establishing mobile veterinary facilities in which a portion of the facilities will address education or extension needs. (2) To promote recruitment (including for programs in secondary schools), placement, and retention of veterinarians, veterinary technicians, students of veterinary medicine, and students of veterinary technology. (3) To allow veterinary students, veterinary interns, externs, fellows, and residents, and veterinary technician students to cover expenses (other than the types of expenses described in 1415A(c)(5)) to attend training programs in food safety or food animal medicine. (4) To establish or expand accredited veterinary education programs (including faculty recruitment and retention), veterinary residency and fellowship programs, or veterinary internship and externship programs carried out in coordination with accredited colleges of veterinary medicine. (5) To assess veterinarian shortage situations and the preparation of applications submitted to the Secretary for designation as a veterinarian shortage situation under section 1415A(b). (6) To provide continuing education and extension, including veterinary telemedicine and other distance-based education, for veterinarians, veterinary technicians, and other health professionals needed to strengthen veterinary programs and enhance food safety. (e) Special requirements for certain grants (1) Terms of service requirements (A) In general Grants provided under this section for the purpose specified in subsection (d)(1) shall be subject to an agreement between the Secretary and the grant recipient that includes a required term of service for the recipient, as established by the Secretary. (B) Considerations In establishing a term of service under subparagraph (A), the Secretary shall consider only— (i) the amount of the grant awarded; and (ii) the specific purpose of the grant. (2) Breach remedies (A) In general An agreement under paragraph (1) shall provide remedies for any breach of the agreement by the grant recipient, including repayment or partial repayment of the grant funds, with interest. (B) Waiver The Secretary may grant a waiver of the repayment obligation for breach of contract if the Secretary determines that the grant recipient demonstrates extreme hardship or extreme need. (C) Treatment of amounts recovered Funds recovered under this paragraph shall— (i) be credited to the account available to carry out this section; and (ii) remain available until expended. (f) Cost-Sharing requirements (1) Recipient share Subject to paragraph (2), to be eligible to receive a grant under this section, a qualified entity shall provide matching non-Federal funds, either in cash or in-kind support, in an amount equal to not less than 25 percent of the Federal funds provided by the grant. (2) Waiver The Secretary may establish, by regulation, conditions under which the cost-sharing requirements of paragraph (1) may be reduced or waived. (g) Prohibition on use of grant funds for construction Funds made available for grants under this section may not be used— (1) to construct a new building or facility; or (2) to acquire, expand, remodel, or alter an existing building or facility, including site grading and improvement and architect fees. (h) Regulations Not later than 1 year after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this section. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for fiscal year 2014 and each fiscal year thereafter, to remain available until expended. . 7104. Grants and fellowships for food and agriculture sciences education Section 1417(m) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3152(m) ) is amended by striking section $60,000,000 and all that follows and inserting the following: section— (1) $60,000,000 for each of fiscal years 1990 through 2013; and (2) $40,000,000 for each of fiscal years 2014 through 2018. . 7105. Agricultural and food policy research centers Section 1419A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3155) is amended— (1) in the section heading, by inserting Agricultural and food before policy ; (2) in subsection (a), in the matter preceding paragraph (1)— (A) by striking Secretary may and inserting Secretary shall, acting through the Office of the Chief Economist, ; and (B) by inserting with a history of providing unbiased, nonpartisan economic analysis to Congress after subsection (b) ; (3) in subsection (b), by striking other research institutions and all that follows through shall be eligible and inserting other public research institutions and organizations shall be eligible ; (4) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting , with preference given to policy research centers having extensive databases, models, and demonstrated experience in providing Congress with agricultural market projections, rural development analysis, agricultural policy analysis, and baseline projections at the farm, multiregional, national, and international levels, including information, analysis, and research relating to drought mitigation, after with this section ; and (B) in paragraph (2), by inserting applied after theoretical ; and (5) by striking subsection (d) and inserting the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2013 and each fiscal year thereafter. . 7106. Education grants to Alaska Native serving institutions and Native Hawaiian serving institutions Section 1419B of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3156 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking (or grants without regard to any requirement for competition) ; and (B) in paragraph (3), by striking 2012 and inserting 2018 ; and (2) in subsection (b)(1), by striking (or grants without regard to any requirement for competition) ; and (3) in paragraph (3), by striking 2012 and inserting 2018 . 7107. Nutrition education program Section 1425(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3175(f) ) is amended by striking 2012 and inserting 2018 . 7108. Continuing animal health and disease research programs Section 1433 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3195 ) is amended by striking the section designation and heading and all that follows through subsection (a) and inserting the following: 1433. Appropriations for continuing animal health and disease research programs (a) Authorization of appropriations (1) In general There are authorized to be appropriated to support continuing animal health and disease research programs at eligible institutions such sums as are necessary, but not to exceed $25,000,000 for each of fiscal years 1991 through 2018. (2) Use of funds Funds made available under this section shall be used— (A) to meet the expenses of conducting animal health and disease research, publishing and disseminating the results of such research, and contributing to the retirement of employees subject to the Act of March 4, 1940 ( 7 U.S.C. 331 ); (B) for administrative planning and direction; and (C) to purchase equipment and supplies necessary for conducting research described in subparagraph (A). . 7109. Grants to upgrade agricultural and food sciences facilities at 1890 land-grant colleges, including Tuskegee University Section 1447(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b(b) ) is amended by striking 2012 and inserting 2018 . 7110. Grants to upgrade agricultural and food sciences facilities and equipment at insular area land-grant institutions Section 1447B(d) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3222b–2(d) ) is amended by striking 2012 and inserting 2018 . 7111. Hispanic-serving institutions Section 1455(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3241(c) ) is amended by striking 2012 and inserting 2018 . 7112. Competitive grants for international agricultural science and education programs Section 1459A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3292b ) is amended by striking subsection (c) and inserting the following: (c) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 1999 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7113. University research Section 1463 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3311 ) is amended in each of subsections (a) and (b) by striking 2012 each place it appears and inserting 2018 . 7114. Extension service Section 1464 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3312 ) is amended by striking 2012 and inserting 2018 . 7115. Supplemental and alternative crops (a) Authorization of appropriations and termination Section 1473D of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319d ) is amended— (1) in subsection (a), by striking 2012 and inserting 2018 ; and (2) by adding at the end the following: (e) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2012 and 2013; and (2) $1,000,000 for each of fiscal years 2014 through 2018. . (b) Competitive grants Section 1473D(c)(1) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3319d(c)(1)) is amended by striking use such research funding, special or competitive grants, or other means, as the Secretary determines, and inserting make competitive grants . 7116. Capacity building grants for NLGCA institutions Section 1473F(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3319i(b) ) is amended by striking 2012 and inserting 2018 . 7117. Aquaculture assistance programs (a) Competitive grants Section 1475(b) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3322(b)) is amended in the matter preceding paragraph (1) by inserting competitive before grants . (b) Authorization of appropriations Section 1477 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3324 ) is amended to read as follows: 1477. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subtitle— (1) $7,500,000 for each of fiscal years 1991 through 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. (b) Prohibition on use Funds made available under this section may not be used to acquire or construct a building. . 7118. Rangeland research programs Section 1483(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3336(a) ) is amended by striking subtitle and all that follows and inserting the following: subtitle— (1) $10,000,000 for each of fiscal years 1991 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7119. Special authorization for biosecurity planning and response Section 1484(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3351(a) ) is amended by striking response such sums as are necessary and all that follows and inserting the following: response— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $20,000,000 for each of fiscal years 2014 through 2018. . 7120. Distance education and resident instruction grants program for insular area institutions of higher education (a) Distance education grants for insular areas (1) Competitive grants Section 1490(a) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3362(a)) is amended by striking or noncompetitive . (2) Authorization of appropriations Section 1490(f) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3362(f) ) is amended by striking section and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . (b) Resident instruction grants for insular areas Section 1491(c) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3363(c)) is amended by striking such sums as are necessary and all that follows and inserting the following: to carry out this section— (1) such sums as are necessary for each of fiscal years 2002 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . B Food, Agriculture, Conservation, and Trade Act of 1990 7201. Best utilization of biological applications Section 1624 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5814 ) is amended— (1) by striking $40,000,000 for each fiscal year ; and (2) by inserting $40,000,000 for each of fiscal years 2014 through 2018 after chapter . 7202. Integrated management systems Section 1627 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5821 ) is amended by striking subsection (d) and inserting the following: (d) Authorization of appropriations There is authorized to be appropriated to carry out this section through the National Institute of Food and Agriculture $20,000,000 for each of fiscal years 2014 through 2018. . 7203. Sustainable agriculture technology development and transfer program Section 1628 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5831 ) is amended by striking subsection (f) and inserting the following: (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2014 through 2018. . 7204. National Training Program Section 1629 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5832 ) is amended by striking subsection (i) and inserting the following: (i) Authorization of appropriations There is authorized to be appropriated to carry out the National Training Program $20,000,000 for each of fiscal years 2014 through 2018. . 7205. National Genetics Resources Program Section 1635(b) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5844(b) ) is amended— (1) by striking such funds as may be necessary ; and (2) by striking subtitle and all that follows and inserting the following: subtitle— (1) such sums as are necessary for each of fiscal years 1991 through 2013; and (2) $1,000,000 for each of fiscal years 2014 through 2018. . 7206. National Agricultural Weather Information System Section 1641(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5855(c) ) is amended by inserting and $1,000,000 for each of fiscal years 2014 through 2018 before the period at the end. 7207. Agricultural Genome Initiative Section 1671(c) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5924(c) ) is amended by adding at the end the following: (3) Consortia The Secretary shall encourage awards under this section to consortia of eligible entities. . 7208. High-priority research and extension initiatives Section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925 ) is amended— (1) in the first sentence of subsection (a), by striking subsections (e) through (i) of ; (2) in subsection (b)(2)— (A) by striking the first sentence and inserting the following: (A) In general To facilitate the making of research and extension grants under subsection (d), the Secretary may appoint a task force to make recommendations to the Secretary. ; and (B) in the second sentence, by striking The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with each and inserting the following: (B) Costs The Secretary may not incur costs in excess of $1,000 for any fiscal year in connection with a ; (3) in subsection (e)— (A) by striking paragraphs (1) through (5), (7), (8), (11) through (43), (47), (48), (51), and (52); (B) by redesignating paragraphs (6), (9), (10), (44), (45), (46), (49), and (50) as paragraphs (1), (2), (3), (4), (5), (6), (7), and (8), respectively; and (C) by adding at the end the following: (9) Cervidae initiative Research and extension grants may be made under this section to support collaborative research focusing on the development of viable strategies for the prevention, diagnosis, and treatment of parasites and diseases of farmed deer and elk such as epizootic hemorrhagic disease and chronic wasting disease and the mapping of the cervid genome. (10) Corn, soybean meal, cereal grains, and grain byproducts research and extension Research and extension grants may be made under this section for the purpose of carrying out or enhancing research to improve the digestibility, nutritional value, and efficiency of use of corn, soybean meal, cereal grains, and grain byproducts for the poultry and food animal production industries. ; (4) by striking subsections (f), (g), and (i); (5) by redesignating subsections (h) and (j) as subsections (j) and (k), respectively; (6) by inserting after subsection (e) the following: (f) Pulse health initiative (1) Definitions In this subsection; (A) Initiative The term Initiative means the pulse health initiative established by paragraph (2). (B) Pulse The term pulse means dry beans, dry peas, lentils, and chickpeas or garbanzo beans. (2) Establishment Notwithstanding any other provision of law, during the period beginning on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and ending on September 30, 2018, the Secretary shall carry out a pulse crop health and extension initiative to address the critical needs of the pulse crop industry by developing and disseminating science-based tools and information, including— (A) research in health and nutrition, such as— (i) identifying global dietary patterns of pulse crops in relation to population health; (ii) researching pulse crop diets and the ability of the diets to reduce obesity and associated chronic disease (including cardiovascular disease, type 2 diabetes, and cancer); and (iii) identifying the underlying mechanisms of the health benefits of pulse crop consumption (including disease biomarkers, bioactive components, and relevant plant genetic components to enhance the health promoting value of pulse crops); (B) research in functionality, such as— (i) improving the functional properties of pulse crops and pulse fractions; (ii) developing new and innovative technologies to improve pulse crops as an ingredient in food products; and (iii) developing nutrient-dense food product solutions to ameliorate chronic disease and enhance food security worldwide; (C) research in sustainability to enhance global food security, such as— (i) plant breeding, genetics and genomics to improve productivity, nutrient density, and phytonutrient content for a growing world population; (ii) pest and disease management, including resistance to pests and diseases resulting in reduced application management strategies; and (iii) improving nitrogen fixation to reduce the carbon and energy footprint of agriculture; (D) optimizing pulse cropping systems to reduce water usage; and (E) education and technical service, such as— (i) providing technical expertise to help food companies include nutrient-dense pulse crops in innovative and healthy foods; and (ii) establishing an educational program to encourage the consumption and production of pulse crops in the United States and other countries. (3) Eligible entities The Secretary may carry out the Initiative through— (A) Federal agencies, including the Agricultural Research Service and the National Institute of Food and Agriculture; (B) National Laboratories; (C) institutions of higher education; (D) research institutions or organizations; (E) private organizations or corporations; (F) State agricultural experiment stations; (G) individuals; or (H) groups consisting of 2 or more entities or individuals described in subparagraphs (A) through (G). (4) Research project grants (A) In general In carrying out this subsection, the Secretary shall award grants on a competitive basis. (B) In general The Secretary shall— (i) seek and accept proposals for grants; (ii) determine the relevance and merit of proposals through a system of peer review, in consultation with the pulse crop industry; and (iii) award grants on the basis of merit, quality, and relevance. (C) Priorities In making grants under this subsection, the Secretary shall provide a higher priority to projects that— (i) are multistate, multiinstitutional, and multidisciplinary; and (ii) include explicit mechanisms to communicate results to the pulse crop industry and the public. (5) Authorization of Appropriations There is authorized to be appropriated to carry out this subsection $25,000,000 for each of fiscal years 2014 through 2018. (g) Forestry products advanced utilization research (1) Establishment The Secretary shall establish a forestry and forestry products research and extension initiative to develop and disseminate science-based tools that address the needs of the forestry sector and their respective regions, forest and timberland owners and managers, and forestry products engineering, manufacturing, and related interests, including— (A) research in wood quality improvement with respect to lumber strength and grade yield; (B) improvement in forestry products, lumber, and evaluation standards and valuation techniques; (C) research and development of novel engineered lumber products and renewable energy from wood; (D) efforts to improve lumber quality and value based on forest management techniques; (E) efforts to improve forestry products conversion and manufacturing efficiency, productivity, and profitability over the long term (including forestry product marketing); and (F) other research to support the longevity, sustainability, and profitability of timberland through sound management and utilization. (2) Grants (A) In general As part of the initiative described in paragraph (1), the Secretary shall make grants to eligible entities to carry out the activities described in subparagraphs (A) through (F) of paragraph (1). (B) Eligible entities Entities eligible for grants described in subparagraph (A) shall include— (i) Federal agencies; (ii) National Laboratories (iii) colleges and universities; (iv) research institutions and organizations; (v) private organizations or corporations; (vi) State agricultural experiment stations; and (vii) groups consisting of 2 or more such entities. (C) Priorities In making grants, the Secretary shall give higher priority to projects that— (i) are multistate, multiinstitutional, or multidisciplinary; (ii) include explicit mechanisms to communicate results to producers, forestry industry stakeholders, policymakers, and the public; and (iii) have— (I) extensive history and demonstrated experience in forestry and forestry products research; (II) existing capacity in forestry products research and dissemination; and (III) a demonstrated means of evaluating and responding to the needs of the related commercial sector. (D) Administration (i) Selection process In awarding grants under this subsection, the Secretary shall— (I) seek and accept proposals; (II) determine the relevance and merit of proposals through a system of peer and merit review; and (III) award grants on the basis of merit, quality, and relevance. (ii) Terms The term of a grant made under this paragraph may not exceed 10 years. (iii) Matching funds The Secretary shall require the recipient of a grant to provide funds or in-kind support from non-Federal sources in an amount that is at least equal to the amount provided by the Federal Government. (iv) Buildings and facilities Funds made available under this paragraph shall not be used for the construction of a new building or facility or the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement, and architect fees). (v) Coordination The Secretary shall ensure that any activities carried out under this paragraph are done in coordination with the Forest Products Laboratory. (3) Authorization of appropriations (A) In general There is authorized to be appropriated to carry out this subsection $7,000,000 for each of fiscal years 2014 through 2018. (B) Matching funds To the extent practicable, the Secretary shall match any funds received under subparagraph (A) with funds received for the research and development program of the Forest Service under section 3 of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642). (h) Training coordination for food and agriculture protection (1) In general The Secretary shall make grants and enter into contracts or cooperative agreements with eligible entities described in paragraph (2) for the purposes of establishing a Comprehensive Food Safety Training Network. (2) Eligibility (A) In general For purposes of this subsection, an eligible entity is a multiinstitutional consortium that includes— (i) a nonprofit institution that provides administering food protection training; and (ii) 1 or more training centers in institutions of higher education that have demonstrated expertise in developing and delivering community-based training in food and agricultural safety and defense. (B) Requirements To ensure that coordination and administration is provided across all the disciplines and provide comprehensive food protection training, the Secretary may only consider an entire consortium collectively rather than on an institution-by-institution basis. (C) Membership An eligible entity may alter the consortium membership to meet specific training expertise needs. (3) Duties of eligible entity As a condition of the receipt of assistance under this subsection, an eligible entity, in cooperation with the Secretary, shall establish and maintain the network for an internationally integrated training system to enhance protection of the United States food supply, including, at a minimum— (A) developing curricula and a training network to provide basic, technical, management, and leadership training to regulatory and public health officials, producers, processors, and other agrifood businesses; (B) serving as the hub for the administration of an open training network; (C) implementing standards to ensure the delivery of quality training through a national curricula; (D) building and overseeing a nationally recognized instructor cadre to ensure the availability of highly qualified instructors; (E) reviewing training proposed through the National Institute of Food and Agriculture and other relevant Federal agencies that report to the Secretary on the quality and content of proposed and existing courses; (F) assisting Federal agencies in the implementation of food protection training requirements including requirements contained in the Agriculture Reform, Food, and Jobs Act of 2013 , the FDA Food Safety Modernization Act ( Public Law 111–353 ; 124 Stat. 3885), and amendments made by those Acts; and (G) performing evaluation and outcome-based studies to provide to the Secretary feedback on the effectiveness and impact of training and metrics on jurisdictions and sectors within the food safety system. (4) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. (i) Farm animal agriculture integrated research initiative (1) Definition of initiative In this subsection, the term Initiative means the farm animal integrated research initiative established under paragraph (2). (2) Establishment Notwithstanding any other provision of law, during the period beginning on the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 and ending on September 30, 2018, the Secretary shall carry out a farm animal integrated research initiative to address the critical needs of animal agriculture, by developing and disseminating science-based tools and information, including— (A) research to promote food security, such as— (i) improving feed efficiency; (ii) improving energetic efficiency; (iii) connecting genomics, pro­te­o­mics, met­a­bol­o­mics, and related phenomena to animal production; (iv) improving reproductive efficiency; and (v) enhancing pre- and post-harvest food safety systems; (B) research on the interrelationship between animal and human health, such as— (i) exploring new approaches for vaccine development; (ii) understanding and controlling zoonoses, including the impact of zoonoses on food safety; (iii) improving animal health through feed; and (iv) enhancing product quality and nutritive value; and (C) research on stewardship, such as— (i) minimizing or reducing the flow of nutrients from animal production systems; (ii) improving sustainability and increasing efficiency of natural resource use; and (iii) better understanding animal production systems and the interactions between animals, plants, and human management. (3) Eligible entities The Secretary may carry out the Initiative through— (A) Federal agencies, including the Agricultural Research Service and the National Institute of Food and Agriculture; (B) National Laboratories; (C) institutions of higher education; (D) research institutions or organizations; (E) private organizations or corporations; (F) State agricultural experiment stations; (G) individuals; and (H) groups consisting of 2 or more entities or individuals described in subparagraphs (A) through (G). (4) Research project grants (A) In general In carrying out this subsection, the Secretary shall award grants on a competitive basis in accordance with subparagraphs (B) and (C). (B) Process for awarding grants The Secretary shall— (i) seek and accept proposals for grants; (ii) determine the relevance and merit of proposals through a system of peer review, in consultation with the animal agriculture industry; and (iii) award grants on the basis of merit, quality, and relevance. (C) Priorities In making grants under this subsection, the Secretary shall give priority to projects that— (i) are multistate, multiinstitutional, and multidisciplinary; and (ii) include explicit mechanisms to communicate results to the animal agriculture industry and the public. (5) Authorization of appropriations There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2014 through 2018. ; (7) in subsection (j) (as redesignated by paragraph (5)), by striking 2012 each place it appears and inserting 2018 ; and (8) in subsection (k) (as redesignated by paragraph (5)), by striking 2012 and inserting 2018 . 7209. Organic agriculture research and extension initiative Section 1672B of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by inserting , education, after support research ; (B) in paragraph (1), by inserting and improvement after development ; (C) in paragraph (2), by striking to producers and processors who use organic methods and inserting of organic agricultural production and methods to producers, processors, and rural communities ; (D) in paragraph (5), by inserting and researching solutions to after identifying ; and (E) in paragraph (6), by striking and marketing and inserting , marketing, and food safety ; (2) by striking subsection (e); (3) by redesignating subsection (f) as subsection (e); and (4) in paragraph (1) of subsection (e) (as so redesignated)— (A) in the heading, by striking for fiscal years 2008 through 2012 ; (B) in subparagraph (A), by striking and at the end; (C) in subparagraph (B), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (C) $16,000,000 for each of fiscal years 2014 through 2018. . 7210. Farm business management Section 1672D(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925f(d) ) is amended by striking such sums as are necessary to carry out this section. and inserting the following: to carry out this section— (1) such sums as are necessary for fiscal year 2013; and (2) $5,000,000 for each of fiscal years 2014 through 2018. . 7211. Regional centers of excellence Subtitle H of the Food, Agriculture, Conservation, and Trade Act of 1990 is amended by inserting after section 1672D ( 7 U.S.C. 5925 ) the following: 1673. Regional centers of excellence (a) Establishment The Secretary may prioritize regional centers of excellence established for specific agricultural commodities for the receipt of funding. (b) Composition A regional center of excellence shall be composed of 1 or more colleges and universities (including land-grant institutions, schools of forestry, schools of veterinary medicine, or NLGCA Institutions (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 ))) that provide financial support to the regional center of excellence. (c) Criteria for regional centers of excellence The criteria for consideration to be a regional center of excellence shall include efforts— (1) to ensure coordination and cost-effectiveness by reducing unnecessarily duplicative efforts regarding research, teaching, and extension; (2) to leverage available resources by using public/private partnerships among agricultural industry groups, institutions of higher education, and the Federal Government; (3) to implement teaching initiatives to increase awareness and effectively disseminate solutions to target audiences through extension activities; (4) to increase the economic returns to rural communities by identifying, attracting, and directing funds to high-priority agricultural issues; and (5) to improve teaching capacity and infrastructure at colleges and universities (including land-grant institutions, schools of forestry, and schools of veterinary medicine, and NLGCA Institutions). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2014 through 2018. . 7212. Assistive technology program for farmers with disabilities Section 1680(c)(1) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5933(c)(1)) is amended— (1) by striking is and inserting are ; and (2) by striking section and all that follows and inserting the following: section— (A) $6,000,000 for each of fiscal years 1999 through 2013; and (B) $5,000,000 for each of fiscal years 2014 through 2018. . 7213. National rural information center clearinghouse Section 2381(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 3125b(e)) is amended by striking 2012 and inserting 2018 . C Agricultural Research, Extension, and Education Reform Act of 1998 7301. Relevance and merit of agricultural research, extension, and education funded by the Department Section 103(a)(2) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7613(a)(2) ) is amended— (1) by striking the paragraph designation and heading and inserting the following: (2) Relevance and merit review of research, extension, and education grants ; (2) in subparagraph (A)— (A) by inserting relevance and before merit ; and (B) by striking extension or education and inserting, research, extension, or education ; and (3) in subparagraph (B) by inserting on a continuous basis after procedures . 7302. Integrated research, education, and extension competitive grants program Section 406(f) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626(f) ) is amended by striking 2012 and inserting 2018 . 7303. Support for research regarding diseases of wheat, triticale, and barley caused by Fusarium graminearum or by Tilletia indica Section 408(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7628(e)) is amended by striking such sums as may be necessary for each of fiscal years 1999 through 2012 and inserting $10,000,000 for each of fiscal years 2014 through 2018 . 7304. Grants for youth organizations Section 410(d) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7630(d)) is amended by striking section such sums as are necessary and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $3,000,000 for each of fiscal years 2014 through 2018. . 7305. Specialty crop research initiative Section 412 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632) is amended— (1) in subsection (b)(3), by inserting handling and processing, after production efficiency, ; (2) in subsection (e)— (A) in paragraph (1)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by inserting after subparagraph (C) the following: (D) consult with the specialty crops committee authorized under section 1408A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123a ) during the peer and merit review process. ; and (B) in paragraph (3), by striking non-Federal and all that follows through the end of the paragraph and inserting other sources in an amount that is at least equal to the amount provided by a grant received under this section. ; and (3) in subsection (h), by striking paragraph (3) and inserting the following: (3) Subsequent funding Of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this section— (A) $25,000,000 for fiscal year 2014; (B) $30,000,000 for each of fiscal years 2015 and 2016; (C) $65,000,000 for fiscal year 2017; and (D) $50,000,000 for fiscal year 2018 and each fiscal year thereafter. . 7306. Food animal residue avoidance database program Section 604(e) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7642(e)) is amended by striking 2012 and inserting 2018 . 7307. Office of pest management policy Section 614(f) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7653(f)) is amended— (1) by striking such sums as are necessary ; and (2) by striking section and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 1999 through 2013; and (2) $3,000,000 for each of fiscal years 2014 through 2018. . 7308. Authorization of regional integrated pest management centers Subtitle B of title VI of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7651 et seq. ) is amended by adding at the end the following: 621. Authorization of regional integrated pest management centers (a) In general There are established 4 regional integrated pest management centers (referred to in this section as the Centers ), which shall be located at such specific locations in the north central, northeastern, southern, and western regions of the United States as the Secretary shall specify. (b) Purposes The purposes of the Centers shall be— (1) to strengthen the connection of the Department with production agriculture, research, and extension programs, and agricultural stakeholders throughout the United States; (2) to increase the effectiveness of providing pest management solutions for the private and public sectors; (3) to quickly respond to information needs of the public and private sectors; and (4) to improve communication among the relevant stakeholders. (c) Duties In meeting the purposes described in subsection (b) and otherwise carrying out this section, the Centers shall— (1) develop regional strategies to address pest management needs; (2) assist the Department and partner institutions of the Department in identifying, prioritizing, and coordinating a national pest management research, extension, and education program implemented on a regional basis; (3) establish a national pest management communication network that includes— (A) the agencies of the Department and other government agencies; (B) scientists at institutions of higher education; and (C) stakeholders focusing on pest management issues; (4) serve as regional hubs responsible for ensuring efficient access to pest management expertise and data available through institutions of higher education; and (5) on behalf of the Department, manage grants that can be most effectively and efficiently delivered at the regional level, as determined by the Secretary. . D Other Laws 7401. Critical Agricultural Materials Act Section 16(a) of the Critical Agricultural Materials Act ( 7 U.S.C. 178n(a) ) is amended— (1) by striking such sums as are necessary ; and (2) by striking Act and all that follows and inserting the following: Act— (1) such sums as are necessary for each of fiscal years 1991 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7402. Equity in Educational Land-Grant Status Act of 1994 (a) Definition of 1994 institutions Section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended to read as follows: 532. Definition of 1994 Institutions In this part, the term 1994 Institutions means any 1 of the following: (1) Aaniiih Nakoda College. (2) Bay Mills Community College. (3) Blackfeet Community College. (4) Cankdeska Cikana Community College. (5) Chief Dull Knife Memorial College. (6) College of Menominee Nation. (7) College of the Muscogee Nation. (8) D–Q University. (9) Dine College. (10) Fond du Lac Tribal and Community College. (11) Fort Berthold Community College. (12) Fort Peck Community College. (13) Haskell Indian Nations University. (14) Ilisagvik College. (15) Institute of American Indian and Alaska Native Culture and Arts Development. (16) Keweenaw Bay Ojibwa Community College. (17) Lac Courte Oreilles Ojibwa Community College. (18) Leech Lake Tribal College. (19) Little Big Horn College. (20) Little Priest Tribal College. (21) Navajo Technical College. (22) Nebraska Indian Community College. (23) Northwest Indian College. (24) Oglala Lakota College. (25) Saginaw Chippewa Tribal College. (26) Salish Kootenai College. (27) Sinte Gleska University. (28) Sisseton Wahpeton College. (29) Sitting Bull College. (30) Southwestern Indian Polytechnic Institute. (31) Stone Child College. (32) Tohono O’odham Community College. (33) Turtle Mountain Community College. (34) United Tribes Technical College. (35) White Earth Tribal and Community College. . (b) Endowment for 1994 institutions (1) In general Section 533 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended— (A) in subsection (a)(2)(A)(ii), by striking of such Act as added by section 534(b)(1) of this part and inserting of that Act ( 7 U.S.C. 343(b)(3) ) and for programs for children, youth, and families at risk and for Federally recognized tribes implemented under section 3(d) of that Act ( 7 U.S.C. 343(d) ) ; and (B) in subsection (b), in the first sentence by striking 2012 and inserting 2018 . (2) Conforming amendment Section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)) is amended in the second sentence by inserting and, in the case of programs for children, youth, and families at risk and for Federally recognized tribes, the 1994 Institutions (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )), before may compete for . (c) Institutional Capacity Building Grants Section 535 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382) is amended by striking 2012 each place it appears in subsections (b)(1) and (c) and inserting 2018 . (d) Research grants (1) Authorization of appropriations Section 536(c) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended in the first sentence by striking 2012 and inserting 2018 . (2) Research grant requirements Section 536(b) of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 ) is amended by striking with at least 1 other land-grant college or university and all that follows and inserting the following: with— (1) the Agricultural Research Service of the Department of Agriculture; or (2) at least 1— (A) other land-grant college or university (exclusive of another 1994 Institution); (B) non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); or (C) cooperating forestry school (as defined in that section). . (e) Effective date The amendments made by subsections (a), (b), and (d)(2) take effect on October 1, 2013. 7403. Research Facilities Act Section 6(a) of the Research Facilities Act ( 7 U.S.C. 390d(a) ) is amended by striking 2012 and inserting 2018 . 7404. Competitive, Special, and Facilities Research Grant Act Section 2 of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 450i ) is amended— (1) in subsection (b)(11)(A)— (A) in the matter preceding clause (i), by striking 2012 and inserting 2018 ; and (B) in clause (i), by striking integrated research and all that follows through ; and and inserting integrated research, extension, and education activities; and ; and (2) by adding at the end the following: (l) Streamlining grant application process Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to Congress a report that includes— (1) an analysis of barriers that exist in the competitive grants process administered by the National Institute of Food and Agriculture that prevent eligible institutions and organizations with limited institutional capacity from successfully applying and competing for competitive grants; and (2) specific recommendations for future steps that the Department can take to streamline the competitive grants application process so as to remove the barriers and increase the success rates of applicants described in paragraph (1). . 7405. Enhanced use lease authority pilot program under Department of Agriculture Reorganization Act of 1994 Section 308(b)(6) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 3125a note; Public Law 103–354) is amended by striking subparagraph (A) and inserting the following: (A) on September 30, 2018; or . 7406. Renewable Resources Extension Act of 1978 (a) Authorization of appropriations Section 6 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1675 ) is amended in the first sentence by striking 2012 and inserting 2018 . (b) Termination date Section 8 of the Renewable Resources Extension Act of 1978 ( 16 U.S.C. 1671 note; Public Law 95–306 ) is amended by striking 2012 and inserting 2018 . 7407. National Aquaculture Act of 1980 Section 10 of the National Aquaculture Act of 1980 ( 16 U.S.C. 2809 ) is amended by striking 2012 each place it appears and inserting 2018 . 7408. Beginning farmer and rancher development program under Farm Security and Rural Investment Act of 2002 Section 7405 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f ) is amended— (1) in subsection (c)(8)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) beginning farmers and ranchers who are veterans (as defined in section 101 of title 38, United States Code). ; and (2) by redesignating subsection (h) as subsection (i); (3) by inserting after subsection (g) the following: (h) State grants (1) Definition of eligible entity In this subsection, the term eligible entity means— (A) an agency of a State or political subdivision of a State; (B) a national, State, or regional organization of agricultural producers; and (C) any other entity determined appropriate by the Secretary. (2) Grants The Secretary shall use such sums as are necessary of funds made available to carry out this section for each fiscal year under subsection (i) to make grants to States, on a competitive basis, which States shall use the grants to make grants to eligible entities to establish and improve farm safety programs at the local level. ; and (4) in subsection (i) (as redesignated by paragraph (2))— (A) in paragraph (1)— (i) in the heading, by striking for fiscal years 2009 through 2012 ; (ii) in subparagraph (A), by striking and at the end; (iii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (C) $17,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. ; (B) in paragraph (2)— (i) in the heading, by striking for fiscal years 2009 through 2012 ; and (ii) striking 2012 and inserting 2018 ; and (C) by striking paragraph (3). E Food, Conservation, and Energy Act of 2008 I Agricultural Security 7501. Agricultural biosecurity communication center Section 14112 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8912 ) is amended by striking subsection (c) and inserting the following: (c) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $2,000,000 for each of fiscal years 2014 through 2018. . 7502. Assistance to build local capacity in agricultural biosecurity planning, preparation, and response Section 14113 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8913 ) is amended— (1) in subsection (a)(2)— (A) by striking such sums as may be necessary ; and (B) by striking subsection and all that follows and inserting the following: subsection— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. ; and (2) in subsection (b)(2), by striking is authorized to be appropriated to carry out this subsection and all that follows and inserting the following: are authorized to be appropriated to carry out this subsection— (1) $25,000,000 for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. . 7503. Research and development of agricultural countermeasures Section 14121(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8921(b) ) is amended by striking is authorized to be appropriated to carry out this section and all that follows and inserting the following: are authorized to be appropriated to carry out this section— (1) $50,000,000 for each of fiscal years 2008 through 2013; and (2) $15,000,000 for each of fiscal years 2014 through 2018. . 7504. Agricultural biosecurity grant program Section 14122(e) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8922(e) ) is amended— (1) by striking such sums as are necessary ; and (2) by striking section and all that follows and inserting the following: section— (1) such sums as are necessary for each of fiscal years 2008 through 2013, to remain available until expended; and (2) $5,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. . II Miscellaneous 7511. Grazinglands research laboratory Section 7502 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 112 Stat. 2019) is amended by striking for the 5-year period beginning on the date of enactment of this Act and inserting until September 30, 2018 . 7512. Budget submission and funding Section 7506 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7614c ) is amended— (1) in subsection (a)— (A) by striking (a) Definition of competitive programs .—In this section, the term ; and inserting the following: (a) Definitions In this section: (1) Competitive programs The term ; and (B) by adding at the end the following: (2) Covered program The term covered program means— (A) each research program carried out by the Agricultural Research Service or the Economic Research Service for which annual appropriations are requested in the annual budget submission of the President; and (B) each competitive program (as defined in section 251(f)(1) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971(f)(1) )) carried out by the National Institute of Food and Agriculture for which annual appropriations are requested in the annual budget submission of the President. (3) Request for awards The term request for awards means a funding announcement published by the National Institute of Food and Agriculture that provides detailed information on funding opportunities at the Institute, including the purpose, eligibility, restriction, focus areas, evaluation criteria, regulatory information, and instructions on how to apply for such opportunities. ; and (2) by adding at the end the following: (e) Additional Presidential budget submission requirement (1) In general Each year, the President shall submit to Congress, together with the annual budget submission of the President, the information described in paragraph (2) for each funding request for a covered program. (2) Information described The information described in this paragraph includes— (A) baseline information, including with respect to each covered program— (i) the funding level for the program for the fiscal year preceding the year the annual budget submission of the President is submitted; (ii) the funding level requested in the annual budget submission of the President, including any increase or decrease in the funding level; and (iii) an explanation justifying any change from the funding level specified in clause (i) to the level specified in clause (ii); (B) with respect to each covered program that is carried out by the Economic Research Service or the Agricultural Research Service, the location and staff years of the program; (C) the proposed funding levels to be allocated to, and the expected publication date, scope, and allocation level for, each request for awards to be published under— (i) each priority area specified in section 2(b)(2) of the Competitive, Special, and Facilities Research Grant Act (7 U.S.C. 450i(b)(2)); (ii) each research and extension project carried out under section 1621(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5811(a) ); (iii) each grant awarded under section 1672B(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925b(a)); (iv) each grant awarded under section 412(b) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(b)); and (v) each grant awarded under 7405(c)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 3319f(c)(1) ); or (D) any other information the Secretary determines will increase congressional oversight with respect to covered programs. (f) Report of the Secretary of Agriculture Each year on a date that is not later than the date on which the President submits the annual budget submission, the Secretary shall submit to Congress a report containing a description of the agricultural research, extension, and education activities carried out by the Federal Government during the fiscal year that immediately precedes the year for which the report is submitted, including— (1) a review of the extent to which those activities— (A) are duplicative or overlap within the Department of Agriculture; or (B) are similar to activities carried out by— (i) other Federal agencies; (ii) the States (including the District of Columbia, the Commonwealth of Puerto Rico, and other territories or possessions of the United States); (iii) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); or (iv) the private sector; and (2) for each report submitted under this section on or after January 1, 2014, a 5-year projection of national priorities with respect to agricultural research, extension, and education, taking into account both domestic and international needs. . 7513. Natural products research program Section 7525 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 5937 ) is amended by striking subsection (e) and inserting the following: (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2018. . 7514. Sun grant program (a) In general Section 7526 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114 ) is amended— (1) in subsection (a)(4)(B), by striking the Department of Energy and inserting other appropriate Federal agencies (as determined by the Secretary) ; (2) in subsection (b)(1)— (A) in subparagraph (A), by striking at South Dakota State University ; (B) in subparagraph (B), by striking at the University of Tennessee at Knoxville ; (C) in subparagraph (C), by striking at Oklahoma State University ; (D) in subparagraph (D), by striking at Oregon State University ; (E) in subparagraph (E), by striking at Cornell University ; and (F) in subparagraph (F), by striking at the University of Hawaii ; (3) in subsection (c)(1)— (A) in subparagraph (B), by striking multistate and all that follows through technology implementation and inserting integrated, multistate research, extension, and education programs on technology development and technology implementation ; (B) by striking subparagraph (C); and (C) by redesignating subparagraph (D) as subparagraph (C); (4) in subsection (d)— (A) in paragraph (1)— (i) by striking gasification and inserting bioproducts ; and (ii) by striking the Department of Energy and inserting other appropriate Federal agencies ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (1), by striking in accordance with paragraph (2) ; and (5) in subsection (g), by striking 2012 and inserting 2018 . (b) Conforming amendments Section 7526(f) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8114(f) ) is amended— (1) in paragraph (1), by striking subsection (c)(1)(D)(i) and inserting subsection (c)(1)(C)(i) ; and (2) in paragraph (2), by striking subsection (d)(1) and inserting subsection (d) . F Miscellaneous 7601. Foundation for Food and Agriculture Research (a) Definitions In this section: (1) Board The term Board means the Board of Directors described in subsection (e). (2) Department The term Department means the Department of Agriculture. (3) Foundation The term Foundation means the Foundation for Food and Agriculture Research established under subsection (b). (4) Secretary The term Secretary means the Secretary of Agriculture. (b) Establishment (1) In general The Secretary shall establish a nonprofit corporation to be known as the Foundation for Food and Agriculture Research . (2) Status The Foundation shall not be an agency or instrumentality of the United States Government. (c) Purposes The purposes of the Foundation shall be— (1) to advance the research mission of the Department by supporting agricultural research activities focused on addressing key problems of national and international significance including— (A) plant health, production, and plant products; (B) animal health, production, and products; (C) food safety, nutrition, and health; (D) renewable energy, natural resources, and the environment; (E) agricultural and food security; (F) agriculture systems and technology; and (G) agriculture economics and rural communities; and (2) to foster collaboration with agricultural researchers from the Federal Government, institutions of higher education, industry, and nonprofit organizations. (d) Duties (1) In general The Foundation shall— (A) award grants to, or enter into contracts, memoranda of understanding, or cooperative agreements with, scientists and entities, which may include agricultural research agencies in the Department, university consortia, public-private partnerships, institutions of higher education, nonprofit organizations, and industry, to efficiently and effectively advance the goals and priorities of the Foundation; (B) in consultation with the Secretary— (i) identify existing and proposed Federal intramural and extramural research and development programs relating to the purposes of the Foundation described in subsection (c); and (ii) coordinate Foundation activities with those programs so as to minimize duplication of existing efforts; (C) identify unmet and emerging agricultural research needs after reviewing the Roadmap for Agricultural Research, Education and Extension as required by section 7504 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7614a ); (D) facilitate technology transfer and release of information and data gathered from the activities of the Foundation to the agricultural research community; (E) promote and encourage the development of the next generation of agricultural research scientists; and (F) carry out such other activities as the Board determines to be consistent with the purposes of the Foundation. (2) Authority Subject to paragraph (3), the Foundation shall be the sole entity responsible for carrying out the duties enumerated in this subsection. (3) Relationship to other activities The activities described in paragraph (1) shall be supplemental to any other activities at the Department and shall not preempt any authority or responsibility of the Department under another provision of law. (e) Board of directors (1) Establishment The Foundation shall be governed by a Board of Directors. (2) Composition (A) In general The Board shall be composed of appointed and ex-officio, nonvoting members. (B) Ex-officio members The ex-officio members of the Board shall be the following individuals or designees: (i) The Secretary. (ii) The Under Secretary of Agriculture for Research, Education, and Economics. (iii) The Administrator of the Agricultural Research Service. (iv) The Director of the National Institute of Food and Agriculture. (v) The Director of the National Science Foundation. (C) Appointed members (i) In general The ex-officio members of the Board under subparagraph (B) shall, by majority vote, appoint to the Board 15 individuals, of whom— (I) 8 shall be selected from a list of candidates to be provided by the National Academy of Sciences; and (II) 7 shall be selected from lists of candidates provided by industry. (ii) Requirements (I) Expertise The ex-officio members shall ensure that a majority of the members of the Board have actual experience in agricultural research and, to the extent practicable, represent diverse sectors of agriculture. (II) Limitation No employee of the Federal Government may serve as an appointed member of the Board under this subparagraph. (III) Not Federal employment Appointment to the Board under this subparagraph shall not constitute Federal employment. (iii) Authority All appointed members of the Board shall be voting members. (D) Chair The Board shall, from among the members of the Board, designate an individual to serve as Chair of the Board. (3) Initial meeting Not later than 60 days after the date of enactment of this Act, the Secretary shall convene a meeting of the ex-officio members of the Board— (A) to incorporate the Foundation; and (B) to appoint the members of the Board in accordance with paragraph (2)(C)(i). (4) Duties (A) In general The Board shall— (i) establish bylaws for the Foundation that, at a minimum, include— (I) policies for the selection of future Board members, officers, employees, agents, and contractors of the Foundation; (II) policies, including ethical standards, for— (aa) the acceptance, solicitation, and disposition of donations and grants to the Foundation; and (bb) the disposition of assets of the Foundation, including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or recipient of donated funds; (III) policies that would subject all employees, fellows, trainees, and other agents of the Foundation (including members of the Board) to the conflict of interest standards under section 208 of title 18, United States Code; (IV) policies for writing, editing, printing, publishing, and vending of books and other materials; (V) policies for the conduct of the general operations of the Foundation, including a cap on administrative expenses for recipients of a grant, contract, or cooperative agreement from the Foundation; and (VI) specific duties for the Executive Director; (ii) prioritize and provide overall direction for the activities of the Foundation; (iii) evaluate the performance of the Executive Director; and (iv) carry out any other necessary activities regarding the Foundation. (B) Establishment of bylaws In establishing bylaws under subparagraph (A)(i), the Board shall ensure that the bylaws do not— (i) reflect unfavorably on the ability of the Foundation to carry out the duties of the Foundation in a fair and objective manner; or (ii) compromise, or appear to compromise, the integrity of any governmental agency or program, or any officer or employee employed by or involved in a governmental agency or program. (5) Terms and vacancies (A) Terms (i) In general The term of each member of the Board appointed under paragraph (2)(C) shall be 5 years. (ii) Partial terms If a member of the Board does not serve the full term applicable under clause (i), the individual appointed to fill the resulting vacancy shall be appointed for the remainder of the term of the predecessor of the individual. (iii) Transition A member of the Board may continue to serve after the expiration of the term of the member until a successor is appointed. (B) Vacancies Any vacancy in the membership of the Board shall be filled in the manner in which the original position was made and shall not affect the power of the remaining members to execute the duties of the Board. (6) Compensation Members of the Board may not receive compensation for service on the Board but may be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board. (7) Meetings and quorum A majority of the members of the Board shall constitute a quorum for purposes of conducting business of the Board. (f) Administration (1) Executive Director (A) In general The Board shall hire an Executive Director who shall carry out such duties and responsibilities as the Board may prescribe. (B) Service The Executive Director shall serve at the pleasure of the Board. (2) Administrative powers (A) In general In carrying out this section, the Board, acting through the Executive Director, may— (i) adopt, alter, and use a corporate seal, which shall be judicially noticed; (ii) hire, promote, compensate, and discharge 1 or more officers, employees, and agents, as may be necessary, and define the duties of the officers, employees, and agents; (iii) solicit and accept any funds, gifts, grants, devises, or bequests of real or personal property made to the Foundation, including such support from private entities; (iv) prescribe the manner in which— (I) real or personal property of the Foundation is acquired, held, and transferred; (II) general operations of the Foundation are to be conducted; and (III) the privileges granted to the Board by law are exercised and enjoyed; (v) with the consent of the applicable executive department or independent agency, use the information, services, and facilities of the department or agency in carrying out this section; (vi) enter into contracts with public and private organizations for the writing, editing, printing, and publishing of books and other material; (vii) hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation; (viii) enter into such contracts, leases, cooperative agreements, and other transactions as the Board considers appropriate to conduct the activities of the Foundation; (ix) modify or consent to the modification of any contract or agreement to which the Foundation is a party or in which the Foundation has an interest; (x) take such action as may be necessary to obtain patents and licenses for devices and procedures developed by the Foundation and employees of the Foundation; (xi) sue and be sued in the corporate name of the Foundation, and complain and defend in courts of competent jurisdiction; (xii) appoint other groups of advisors as may be determined necessary to carry out the functions of the Foundation; and (xiii) exercise such other incidental powers as are necessary to carry out the duties and functions of the Foundation in accordance with this section. (B) Limitation No appointed member of the Board or officer or employee of the Foundation or of any program established by the Foundation (other than ex-officio members of the Board) shall exercise administrative control over any Federal employee. (3) Records (A) Audits The Foundation shall— (i) provide for annual audits of the financial condition of the Foundation; and (ii) make the audits, and all other records, documents, and other papers of the Foundation, available to the Secretary and the Comptroller General of the United States for examination or audit. (B) Reports (i) Annual report on foundation (I) In general Not later than 5 months following the end of each fiscal year, the Foundation shall publish a report for the preceding fiscal year that includes— (aa) a description of Foundation activities, including accomplishments; and (bb) a comprehensive statement of the operations and financial condition of the Foundation. (II) Financial condition Each report under subclause (I) shall include a description of all gifts or grants to the Foundation of real or personal property or money, which shall include— (aa) the source of the gifts or grants; and (bb) any restrictions on the purposes for which the gift or grant may be used. (III) Availability The Foundation shall— (aa) make copies of each report submitted under subclause (I) available for public inspection; and (bb) on request, provide a copy of the report to any individual. (IV) Public meeting The Board shall hold an annual public meeting to summarize the activities of the Foundation. (ii) Grant reporting Any recipient of a grant under subsection (d)(1)(A) shall provide the Foundation with a report at the conclusion of any research or studies conducted the describes the results of the research or studies, including any data generated. (4) Integrity (A) In general To ensure integrity in the operations of the Foundation, the Board shall develop and enforce procedures relating to standards of conduct, financial disclosure statements, conflict of interest (including recusal and waiver rules), audits, and any other matters determined appropriate by the Board. (B) Financial conflicts of interest Any individual who is an officer, employee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would directly or predictably affect any financial interest of— (i) the individual; (ii) a relative (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)) of that individual; or (iii) a business organization or other entity in which the individual has an interest, including an organization or other entity with which the individual is negotiating employment. (5) Intellectual property The Board shall adopt written standards to govern ownership of any intellectual property rights derived from the collaborative efforts of the Foundation. (6) Liability The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligations of the Foundation. (g) Funds (1) Mandatory funding (A) In general On October 1, 2013, of the funds of the Commodity Credit Corporation, the Secretary shall transfer to the Foundation to carry out this section $200,000,000, to remain available until expended under the conditions described in subparagraph (B). (B) Conditions on expenditure The Foundation may use the funds made available under subparagraph (A) to carry out the purposes of the Foundation only to the extent that the Foundation secures an equal amount of non-Federal matching funds for each expenditure. (C) Prohibition on construction None of the funds made available under subparagraph (A) may be used for construction. (2) Separation of funds The Executive Director shall ensure that any funds received under paragraph (1) are held in separate accounts from funds received from nongovernmental entities as described in subsection (f)(2)(A)(iii). 7602. Agricultural and food law research, legal tools, and information (a) Findings Congress finds that— (1) the farms, ranches, and forests of the United States are impacted by a complex and rapidly evolving web of competition and international, Federal, State, and local laws (including regulations); (2) objective, scholarly, and authoritative agricultural and food law research, legal tools, and information helps the farm, ranch, and forestry community contribute to the strength of the United States through improved conservation, environmental protection, job creation, economic development, renewable energy production, outdoor recreational opportunities, and increased and diversified local and regional supplies of food, fiber, and fuel; and (3) the vast agricultural community of the United States, including farmers, ranchers, foresters, attorneys, policymakers, and extension personnel, need access to agricultural and food law research and information provided by an objective, scholarly, and neutral source. (b) Partnerships The Secretary, acting through the National Agricultural Library, shall support the dissemination of objective, scholarly, and authoritative agricultural and food law research, legal tools, and information by entering into cooperative agreements with institutions of higher education that on the date of enactment of this Act are carrying out objective programs for research, legal tools, and information in agricultural and food law. (c) Authorization of appropriations For each fiscal year, the Secretary may use not more than $5,000,000 of the amounts made available to the National Agricultural Library to carry out this section. VIII Forestry A Repeal of certain forestry programs 8001. Forest land enhancement program (a) Repeal Section 4 of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103 ) is repealed. (b) Conforming amendment Section 8002 of the Farm Security and Rural Investment Act of 2002 ( Public Law 107–171 ; 16 U.S.C. 2103 note) is amended by striking subsection (a). (c) Effective date The amendments made by this section shall take effect on October 1, 2013. 8002. Hispanic-serving institution agricultural land national resources leadership program (a) Repeal Section 8402 of the Food, Conservation, and Energy Act of 2008 ( 16 U.S.C. 1649a ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. 8003. Tribal watershed forestry assistance program (a) Repeal Section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 ) is repealed. (b) Effective date The amendment made by this section shall take effect on October 1, 2013. B Reauthorization of Cooperative Forestry Assistance Act of 1978 programs 8101. State-wide assessment and strategies for forest resources Section 2A(f)(1) of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101a(f)(1)) is amended by striking 2012 and inserting 2018 . C Reauthorization of other forestry-Related laws 8201. Rural revitalization technologies Section 2371(d)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 6601(d)(2)) is amended by striking 2012 and inserting 2018 . 8202. Office of International Forestry Section 2405(d) of the Global Climate Change Prevention Act of 1990 ( 7 U.S.C. 6704(d) ) is amended by striking 2012 and inserting 2018 . 8203. Insect and disease infestation Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 et seq. ) is amended by adding at the end the following: 602. Designation of treatment areas (a) Definition of declining forest health In this section, the term declining forest health means a forest that is experiencing— (1) substantially increased tree mortality due to insect or disease infestation; or (2) dieback due to infestation or defoliation by insects or disease. (b) Designation of treatment areas (1) Initial areas Not later than 60 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary shall, if requested by the Governor of the State, designate as part of an insect and disease treatment program 1 or more subwatersheds (sixth-level hydrologic units, according to the System of Hydrologic Unit Codes of the United States Geological Survey) in at least 1 national forest in each State that is experiencing an insect or disease epidemic. (2) Additional areas After the end of the 60-day period described in paragraph (1), the Secretary may designate additional subwatersheds under this section as needed to address insect or disease threats. (c) Requirements To be designated a subwatershed under subsection (b), the subwatershed shall be— (1) experiencing declining forest health, based on annual forest health surveys conducted by the Secretary; (2) at risk of experiencing substantially increased tree mortality over the next 15 years due to insect or disease infestation, based on the most recent National Insect and Disease Risk Map published by the Forest Service; or (3) in an area in which the risk of hazard trees poses an imminent risk to public infrastructure, health, or safety. (d) Treatment of areas (1) In general The Secretary may carry out priority projects on Federal land in the subwatersheds designated under subsection (b) to reduce the risk or extent of, or increase the resilience to, insect or disease infestation in the subwatersheds. (2) Authority Any project under paragraph (1) for which a public notice to initiate scoping is issued on or before September 30, 2018, may be carried out in accordance with subsections (b), (c), and (d) of section 102, and sections 104, 105, and 106. (3) Effect Projects carried out under this subsection shall be considered authorized hazardous fuel reduction projects for purposes of the authorities described in paragraph (2). (4) Report Not later than September 30, 2018, the Secretary shall issue a report on actions taken to carry out this subsection, including— (A) an evaluation of the progress towards project goals; and (B) recommendations for modifications to the projects and management treatments. (e) Tree retention The Secretary shall carry out projects under subsection (d) in a manner that maximizes the retention of old-growth and large trees, as appropriate for the forest type, to the extent that the trees promote stands that are resilient to insects and disease. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2014 through 2018. . 8204. Stewardship end result contracting projects (a) In general Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 ) (as amended by section 8203) is amended by adding at the end the following: 603. Stewardship end result contracting projects (a) Definitions In this section: (1) Chief The term Chief means the Chief of the Forest Service. (2) Director The term Director means the Director of the Bureau of Land Management. (b) Projects The Chief and the Director, via agreement or contract as appropriate, may enter into stewardship contracting projects with private persons or other public or private entities to perform services to achieve land management goals for the national forests and the public lands that meet local and rural community needs. (c) Land management goals The land management goals of a project under subsection (b) may include— (1) road and trail maintenance or obliteration to restore or maintain water quality; (2) soil productivity, habitat for wildlife and fisheries, or other resource values; (3) setting of prescribed fires to improve the composition, structure, condition, and health of stands or to improve wildlife habitat; (4) removing vegetation or other activities to promote healthy forest stands, reduce fire hazards, or achieve other land management objectives; (5) watershed restoration and maintenance; (6) restoration and maintenance of wildlife and fish; or (7) control of noxious and exotic weeds and reestablishing native plant species. (d) Agreements or contracts (1) Procurement procedure A source for performance of an agreement or contract under subsection (b) shall be selected on a best-value basis, including consideration of source under other public and private agreements or contracts. (2) Contract for sale of property A contract entered into under this section may, at the discretion of the Secretary of Agriculture, be considered a contract for the sale of property under such terms as the Secretary may prescribe without regard to any other provision of law. (3) Term (A) In general Except as provided in subparagraph (B), the Chief and the Director may enter into a contract under subsection (b) in accordance with section 3903 of title 41, United States Code. (B) Maximum The period of the contract under subsection (b) may exceed 5 years but may not exceed 10 years. (4) Offsets (A) In general The Chief and the Director may apply the value of timber or other forest products removed as an offset against the cost of services received under the agreement or contract described in subsection (b). (B) Methods of appraisal The value of timber or other forest products used as an offset under subparagraph (A)— (i) shall be determined using appropriate methods of appraisal commensurate with the quantity of products to be removed; and (ii) may— (I) be determined using a unit of measure appropriate to the contracts; and (II) may include valuing products on a per-acre basis. (5) Relation to other laws Notwithstanding subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 ( 16 U.S.C. 472a ), the Chief may enter into an agreement or contract under subsection (b). (6) Contracting officer Notwithstanding any other provision of law, the Secretary or the Secretary of the Interior may determine the appropriate contracting officer to enter into and administer an agreement or contract under subsection (b). (e) Receipts (1) In general The Chief and the Director may collect monies from an agreement or contract under subsection (b) if the collection is a secondary objective of negotiating the contract that will best achieve the purposes of this section. (2) Use Monies from an agreement or contract under subsection (b)— (A) may be retained by the Chief and the Director; and (B) shall be available for expenditure without further appropriation at the project site from which the monies are collected or at another project site. (3) Relation to other laws (A) In general Notwithstanding any other provision of law, the value of services received by the Chief or the Director under a stewardship contract project conducted under this section, and any payments made or resources provided by the contractor, Chief, or Director shall not be considered monies received from the National Forest System or the public lands. (B) Knutson-Vanderberg Act The Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act ) ( 16 U.S.C. 576 et seq. ) shall not apply to any agreement or contract under subsection (b). (f) Costs of removal Notwithstanding the fact that a contractor did not harvest the timber, the Chief may collect deposits from a contractor covering the costs of removal of timber or other forest products under— (1) the Act of August 11, 1916 ( 16 U.S.C. 490 ); and (2) the Act of June 30, 1914 (16 U.S.C. 498). (g) Performance and payment guarantees (1) In general The Chief and the Director may require performance and payment bonds under sections 28.103–2 and 28.103–3 of the Federal Acquisition Regulation, in an amount that the contracting officer considers sufficient to protect the investment in receipts by the Federal Government generated by the contractor from the estimated value of the forest products to be removed under a contract under subsection (b). (2) Excess offset value If the offset value of the forest products exceeds the value of the resource improvement treatments, the Chief and the Director may— (A) collect any residual receipts under the Act of June 9, 1930 (commonly known as the Knutson-Vanderberg Act ) (16 U.S.C. 576 et seq.); and (B) apply the excess to other authorized stewardship projects. (h) Monitoring and evaluation (1) In general The Chief and the Director shall establish a multiparty monitoring and evaluation process that accesses the stewardship contracting projects conducted under this section. (2) Participants Other than the Chief and Director, participants in the process described in paragraph (1) may include— (A) any cooperating governmental agencies, including tribal governments; and (B) any other interested groups or individuals. (i) Reporting Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chief and the Director shall report to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives on— (1) the status of development, execution, and administration of agreements or contracts under subsection (b); (2) the specific accomplishments that have resulted; and (3) the role of local communities in the development of agreements or contract plans. . (b) Conforming amendment Section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 ( 16 U.S.C. 2104 note; Public Law 105–277 ) is repealed. 8205. Healthy forests reserve program (a) Definition of acreage owned by Indian tribes Section 502(e)(3) of the Healthy Forests Restoration Act ( 16 U.S.C. 6572(e)(3) ) is amended— (1) in subparagraph (C), by striking subparagraphs (A) and (B) and inserting clauses (i) and (ii) ; (2) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; and (3) by striking In the case of and inserting the following: (A) Definition of acreage owned by Indian tribes In this paragraph, the term acreage owned by Indian tribes includes— (i) land that is held in trust by the United States for Indian tribes or individual Indians; (ii) land, the title to which is held by Indian tribes or individual Indians subject to Federal restrictions against alienation or encumbrance; (iii) land that is subject to rights of use, occupancy, and benefit of certain Indian tribes; (iv) land that is held in fee title by an Indian tribe; (v) land that is owned by a native corporation formed under section 17 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ) ( 25 U.S.C. 477 ) or section 8 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1607 ); or (vi) a combination of 1 or more types of land described in clauses (i) through (v). (B) Enrollment of acreage In the case of . (b) Change in funding source for healthy forests reserve program Section 508 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6578 ) is amended— (1) in subsection (a), by striking In general and inserting Fiscal years 2009 through 2013 ; (2) by redesignating subsection (b) as subsection (d); and (3) by inserting after subsection (a) the following: (b) Fiscal years 2014 through 2018 There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $9,750,000 for each of fiscal years 2014 through 2018. (c) Additional source of funds In addition to funds appropriated pursuant to the authorization of appropriations in subsection (b) for a fiscal year, the Secretary may use such amount of the funds appropriated for that fiscal year to carry out the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590a et seq.) as the Secretary determines necessary to cover the cost of technical assistance, management, and enforcement responsibilities for land enrolled in the healthy forests reserve program pursuant to subsections (a) and (b) of section 504. . D Miscellaneous provisions 8301. McIntire-Stennis Cooperative Forestry Act (a) 1890 waivers Section 4 of Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act ) (16 U.S.C. 582a–3) is amended by inserting The matching funds requirement shall not be applicable to eligible 1890 Institutions (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)) if the allocation is below $200,000. before The Secretary is authorized in the second sentence. (b) Participation Section 8 of Public Law 87–788 (commonly known as the McIntire-Stennis Cooperative Forestry Act ) (16 U.S.C. 582a–7) is amended by inserting the Federated States of Micronesia, American Samoa, the Northern Mariana Islands, the District of Columbia, before and Guam . (c) Effective date The amendments made by this section take effect on October 1, 2013. 8302. Revision of strategic plan for forest inventory and analysis (a) Revision required Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall revise the strategic plan for forest inventory and analysis initially prepared pursuant to section 3(e) of the Forest and Rangeland Renewable Resources Research Act of 1978 (16 U.S.C. 1642(e)) to address the requirements imposed by subsection (b). (b) Elements of revised strategic plan In revising the strategic plan, the Secretary of Agriculture shall describe in detail the organization, procedures, and funding needed to achieve each of the following: (1) Complete the transition to a fully annualized forest inventory program and include inventory and analysis of interior Alaska. (2) Implement an annualized inventory of trees in urban settings, including the status and trends of trees and forests, and assessments of their ecosystem services, values, health, and risk to pests and diseases. (3) Report information on renewable biomass supplies and carbon stocks at the local, State, regional, and national level, including by ownership type. (4) Engage State foresters and other users of information from the forest inventory and analysis in reevaluating the list of core data variables collected on forest inventory and analysis plots with an emphasis on demonstrated need. (5) Improve the timeliness of the timber product output program and accessibility of the annualized information on that database. (6) Foster greater cooperation among the forest inventory and analysis program, research station leaders, and State foresters and other users of information from the forest inventory and analysis. (7) Availability of and access to non-Federal resources to improve information analysis and information management. (8) Collaborate with the Natural Resources Conservation Service, National Aeronautics and Space Administration, National Oceanic and Atmospheric Administration, and United States Geological Survey to integrate remote sensing, spatial analysis techniques, and other new technologies in the forest inventory and analysis program. (9) Understand and report on changes in land cover and use. (10) Expand existing programs to promote sustainable forest stewardship through increased understanding, in partnership with other Federal agencies, of the over 10 million family forest owners, their demographics, and the barriers to forest stewardship. (11) Implement procedures to improve the statistical precision of estimates at the sub-State level. (c) Submission of revised strategic plan The Secretary of Agriculture shall submit the revised strategic plan to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate. 8303. Reimbursement of fire funds (a) Definition of State In this section, the term State means— (1) a State; and (2) the Commonwealth of Puerto Rico. (b) In general If a State seeks reimbursement for amounts expended for resources and services provided to another State for the management and suppression of a wildfire, the Secretary of Agriculture, subject to subsections (c) and (d)— (1) may accept the reimbursement amounts from the other State; and (2) shall pay those amounts to the State seeking reimbursement. (c) Mutual assistance agreement As a condition of seeking and providing reimbursement under subsection (b), the State seeking reimbursement and the State providing reimbursement must each have a mutual assistance agreement with the Forest Service or another Federal agency for providing and receiving wildfire management and suppression resources and services. (d) Terms and conditions The Secretary of Agriculture may prescribe the terms and conditions determined to be necessary to carry out subsection (b). (e) Effect on prior reimbursements Any acceptance of funds or reimbursements made by the Secretary of Agriculture before the date of enactment of this Act that otherwise would have been authorized under this section shall be considered to have been made in accordance with this section. IX Energy 9001. Definitions Section 9001 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8101 ) is amended— (1) by redesignating paragraphs (9) through (12) and (13) and (14) as paragraphs (10) through (13) and (15) and (16) respectively; (2) by inserting after paragraph (8) the following: (9) Forest product The term forest product means a product made from materials derived from the practice of forestry or the management of growing timber, including— (A) pulp, paper, paperboard, pellets, lumber, and wood products; and (B) any recycled products derived from forest materials. ; and (3) by inserting after paragraph (13) (as redesignated by paragraph (1)) the following: (14) Renewable chemical The term renewable chemical means a monomer, polymer, plastic, formulated product, or chemical substance produced from renewable biomass. . 9002. Biobased markets program (a) In general Section 9002 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102 ) is amended— (1) in subsection (a)— (A) in paragraph (2)(A)(i)— (i) in subclause (I), by striking and at the end; (ii) in subclause (II)(bb), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (III) establish a targeted biobased-only procurement requirement under which the procuring agency shall issue a certain number of biobased-only contracts when the procuring agency is purchasing products, or purchasing services that include the use of products, that are included in a biobased product category designated by the Secretary. ; and (B) in paragraph (3)— (i) in subparagraph (B)— (I) in clause (v), by inserting as determined to be necessary by the Secretary based on the availability of data, before provide information ; (II) by redesignating clauses (v) and (vi) as clauses (vii) and (viii), respectively; and (III) by inserting after clause (iv) the following: (v) require reporting of quantities and types of biobased products purchased by procuring agencies; (vi) focus on products that meet the biobased content requirements, including forest products, that apply an innovative approach to growing, harvesting, sourcing, procuring, processing, manufacturing, or application of biobased products regardless of the date of entry of the products into the marketplace; ; and (ii) by adding at the end the following: (F) Required designations Not later than 1 year after the date of enactment of this subparagraph, the Secretary shall begin to designate intermediate ingredients or feedstocks and assembled and finished biobased products in the guidelines issued under this paragraph. ; (2) in subsection (b)— (A) in paragraph (3)— (i) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (ii) by adding at the end the following: (B) Auditing and compliance The Secretary may carry out such auditing and compliance activities as the Secretary determines to be necessary to ensure compliance with subparagraph (A). ; and (B) by adding at the end the following: (4) Assembled and finished products Not later than 1 year after the date of enactment of this paragraph, the Secretary shall begin issuing criteria for determining which assembled and finished products may qualify to receive the label under paragraph (1). ; (3) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (e), (f), (g), (i), and (j), respectively; (4) by inserting after subsection (c) the following: (d) Outreach, education, and promotion (1) In general The Secretary may engage in outreach, educational, and promotional activities intended to increase knowledge, awareness, and benefits of biobased products. (2) Authorized activities In carrying out this subsection, the Secretary may— (A) conduct consumer education and outreach (including consumer and awareness surveys); (B) conduct outreach to and support for State and local governments interested in implementing biobased purchasing programs; (C) partner with industry and nonprofit groups to produce educational and outreach materials and conduct educational and outreach events; (D) sponsor special conferences and events to bring together buyers and sellers of biobased products; and (E) support pilot and demonstration projects. ; (5) in subsection (h) (as redesignated by paragraph (3))— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A) by striking The report and inserting Each report under paragraph (1) ; (ii) in subparagraph (A), by striking and at the end; (iii) in subparagraph (B)(ii), by striking the period at the end and inserting a semicolon; and (iv) by adding at the end the following: (C) the progress made by other Federal agencies in compliance with the biobased procurement requirements, including the quantity of purchases made; and (D) the status of outreach, educational, and promotional activities carried out by the Secretary under subsection (d), including the attainment of specific milestones and overall results. ; and (B) by adding at the end the following: (3) Economic impact study and report (A) In general The Secretary shall conduct a study to assess the economic impact of the biobased products industry, including— (i) the quantity of biobased products sold; (ii) the value of the biobased products; (iii) the quantity of jobs created; (iv) the quantity of petroleum displaced; (v) other environmental benefits; and (vi) areas in which the use or manufacturing of biobased products could be more effectively used, including identifying any technical and economic obstacles and recommending how those obstacles can be overcome. (B) Report Not later than 180 days after the date of enactment of this subparagraph, the Secretary shall submit to Congress a report describing the results of the study conducted under subparagraph (A). ; (6) by inserting after subsection (g) (as redesignated by paragraph (3)) the following: (h) Forest products laboratory coordination In determining whether products are eligible for the USDA Certified Biobased Product label, the Secretary (acting through the Forest Products Laboratory) shall provide appropriate technical and other assistance to the program and applicants for forest products. ; and (7) in subsection (j) (as redesignated by paragraph (3))— (A) in the heading of paragraph (1), by inserting for fiscal years 2008 through 2012 after funding ; (B) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2013 after funding ; and (C) by adding at the end the following: (3) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018. (4) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $3,000,000 for each of fiscal years 2014 through 2018. . (b) Conforming amendment Section 944(c)(2)(A) of the Energy Policy Act of 2005 ( 42 U.S.C. 16253(c)(2)(A) ) is amended by striking section 9002(h)(1) and inserting section 9002(b) . 9003. Biorefinery, renewable chemical, and biobased product manufacturing assistance (a) Program adjustments (1) In general Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) is amended— (A) in the section heading, by inserting , renewable chemical, and biobased product manufacturing after Biorefinery ; (B) in subsection (a), in the matter preceding paragraph (1), by inserting renewable chemicals, and biobased product manufacturing after advanced biofuels, ; (C) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (ii) by inserting before paragraph (2) (as so redesignated) the following: (1) Biobased product manufacturing The term biobased product manufacturing means development, construction, and retrofitting of technologically new commercial-scale processing and manufacturing equipment and required facilities that will be used to convert renewable chemicals and other biobased outputs of biorefineries into end-user products on a commercial scale. ; and (D) in subsection (c)— (i) in paragraph (1), by striking and at the end; (ii) in paragraph (2), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (3) grants and loan guarantees to fund the development and construction of renewable chemical and biobased product manufacturing facilities. . (2) Effective date The amendments made by paragraph (1) shall take effect on October 1, 2013. (b) Funding Section 9003(h) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103(h) ) is amended— (1) by striking paragraph (1) and inserting the following: (1) Mandatory funding (A) In general Subject to subparagraph (B), of the funds of the Commodity Credit Corporation, the Secretary shall use for the cost of loan guarantees under this section, to remain available until expended— (i) $100,000,000 for fiscal year 2014; and (ii) $58,000,000 for each of fiscal years 2015 and 2016. (B) Biobased product manufacturing Of the total amount of funds made available for fiscal years 2014 and 2015 under subparagraph (A), the Secretary use for the cost of loan guarantees under this section not more than $25,000,000 to promote biobased product manufacturing. ; and (2) in paragraph (2), by striking 2013 and inserting 2018 . 9004. Bioenergy program for advanced biofuels Section 9005(g) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8105(g) ) is amended— (1) in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 after funding ; (2) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2013 after funding ; (3) by redesignating paragraph (3) as paragraph (4); and (4) by inserting after paragraph (2) the following: (3) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. . 9005. Biodiesel fuel education program Section 9006(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8106(d) ) is amended— (1) in paragraph (1)— (A) in the heading, by striking Fiscal years 2009 through 2012 and inserting Mandatory funding ; and (B) by striking 2012 and inserting 2018 ; and (2) in paragraph (2), by striking fiscal year 2013 and inserting each of fiscal years 2014 through 2018 . 9006. Rural Energy for America Program (a) Program adjustments (1) In general Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended— (A) in subsection (b)(2)— (i) in subparagraph (C), by striking and at the end; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) a council (as defined in section 1528 of the Agriculture and Food Act of 1981 ( 16 U.S.C. 3451 )); and ; and (B) in subsection (c)— (i) in paragraph (1)(A), by inserting , such as for agricultural and associated residential purposes after electricity ; (ii) by striking paragraph (3); (iii) by redesignating paragraph (4) as paragraph (3); (iv) in paragraph (3) (as so redesignated), by striking subparagraph (A) and inserting the following: (A) Grants The amount of a grant under this subsection shall not exceed the lesser of— (i) $500,000; and (ii) 25 percent of the cost of the activity carried out using funds from the grant. ; and (v) by adding at the end the following: (4) Tiered application process (A) In general In providing loan guarantees and grants under this subsection, the Secretary shall use a 3-tiered application process that reflects the size of proposed projects in accordance with this paragraph. (B) Tier 1 The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is not more than $80,000. (C) Tier 2 The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is greater than $80,000 but less than $200,000. (D) Tier 3 The Secretary shall establish a separate application process for projects for which the cost of the activity funded under this subsection is equal to or greater than $200,000. (E) Application process The Secretary shall establish an application, evaluation, and oversight process that is the most simplified for tier I projects and more comprehensive for each subsequent tier. . (2) Effective date The amendments made by paragraph (1) shall take effect on October 1, 2013. (b) Funding Section 9007(g) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107(g) ) is amended— (1) in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 after funding ; (2) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2012 after funding ; (3) in the heading of paragraph (3), by inserting for fiscal years 2009 through 2013 after funding ; and (4) by adding at the end the following: (4) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. (5) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $68,200,000 for each of fiscal years 2014 through 2018. . 9007. Biomass research and development Section 9008(h) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8108(h) ) is amended— (1) in the heading of paragraph (1), by inserting for fiscal years 2009 through 2012 after funding ; (2) in the heading of paragraph (2), by inserting for fiscal years 2009 through 2013 after funding ; and (3) by adding at the end the following: (3) Fiscal years 2014 through 2018 There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2018. (4) Mandatory funding for fiscal years 2014 through 2018 Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $26,000,000 for each of fiscal years 2014 through 2018. . 9008. Feedstock flexibility program for bioenergy producers Section 9010(b) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110(b) ) is amended— (1) in paragraph (1)(A), by striking 2013 and inserting 2018 ; and (2) in paragraph (2)(A), by striking 2013 and inserting 2018 . 9009. Biomass Crop Assistance Program Section 9011 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8111 ) is amended to read as follows: 9011. Biomass Crop Assistance Program (a) Definitions In this section: (1) BCAP The term BCAP means the Biomass Crop Assistance Program established under this section. (2) BCAP project area The term BCAP project area means an area that— (A) has specified boundaries that are submitted to the Secretary by the project sponsor and subsequently approved by the Secretary; (B) includes producers with contract acreage that will supply a portion of the renewable biomass needed by a biomass conversion facility; and (C) is physically located within an economically practicable distance from the biomass conversion facility. (3) Contract acreage The term contract acreage means eligible land that is covered by a BCAP contract entered into with the Secretary. (4) Eligible crop (A) In general The term eligible crop means a crop of renewable biomass. (B) Exclusions The term eligible crop does not include— (i) any crop that is eligible to receive payments under title I of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8702 et seq.) or an amendment made by that title; or (ii) any plant that is invasive or noxious or species or varieties of plants that credible risk assessment tools or other credible sources determine are potentially invasive, as determined by the Secretary in consultation with other appropriate Federal or State departments and agencies. (5) Eligible land (A) In general The term eligible land includes— (i) agricultural and nonindustrial private forest lands (as defined in section 5(c) of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2103a(c) )); and (ii) land enrolled in the conservation reserve program established under subchapter B of chapter I of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) or the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act under a contract that will expire at the end of the current fiscal year. (B) Exclusions The term eligible land does not include— (i) Federal- or State-owned land; (ii) land that is native sod, as of the date of enactment of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8701 et seq.); (iii) land enrolled in the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ), other than land described in subparagraph (A)(ii); or (iv) land enrolled in the Agricultural Conservation Easement Program established under subtitle H of title XII of that Act, other than land described in subparagraph (A)(ii). (6) Eligible material (A) In general The term eligible material means renewable biomass harvested directly from the land, including crop residue from any crop that is eligible to receive payments under title I of the Agriculture Reform, Food, and Jobs Act of 2013 or an amendment made by that title. (B) Inclusions The term eligible material shall only include— (i) eligible material that is collected or harvested by the eligible material owner— (I) directly from— (aa) National Forest System; (bb) Bureau of Land Management land; (cc) non-Federal land; or (dd) land owned by an individual Indian or Indian tribe that is held in trust by the United States for the benefit of the individual Indian or Indian tribe or subject to a restriction against alienation imposed by the United States; (II) in a manner that is consistent with— (aa) a conservation plan; (bb) a forest stewardship plan; or (cc) a plan that the Secretary determines is equivalent to a plan described in item (aa) or (bb) and consistent with Executive Order 13112 ( 42 U.S.C. 4321 note; relating to invasive species); (ii) if woody eligible material, woody eligible material that is produced on land other than contract acreage that— (I) is a byproduct of a preventative treatment that is removed to reduce hazardous fuel or to reduce or contain disease or insect infestation; and (II) if harvested from Federal land, is harvested in accordance with section 102(e) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512(e) ); and (iii) eligible material that is delivered to a qualified biomass conversion facility to be used for heat, power, biobased products, research, or advanced biofuels. (C) Exclusions The term eligible material does not include— (i) material that is whole grain from any crop that is eligible to receive payments under title I of the Agriculture Reform, Food, and Jobs Act of 2013 or an amendment made by that title, including— (I) barley, corn, grain sorghum, oats, rice, or wheat; (II) honey; (III) mohair; (IV) oilseeds, including canola, crambe, flaxseed, mustard seed, rapeseed, safflower seed, soybeans, sesame seed, and sunflower seed; (V) peanuts; (VI) pulse; (VII) chickpeas, lentils, and dry peas; (VIII) dairy products; (IX) sugar; and (X) wool and cotton boll fiber; (ii) animal waste and byproducts, including fat, oil, grease, and manure; (iii) food waste and yard waste; (iv) algae; (v) woody eligible material that— (I) is removed outside contract acreage; and (II) is not a byproduct of a preventative treatment to reduce hazardous fuel or to reduce or contain disease or insect infestation; (vi) any woody eligible material collected or harvested outside contract acreage that would otherwise be used for existing market products; or (vii) bagasse. (7) Producer The term producer means an owner or operator of contract acreage that is physically located within a BCAP project area. (8) Project sponsor The term project sponsor means— (A) a group of producers; or (B) a biomass conversion facility. (9) Socially disadvantaged farmer or rancher The term socially disadvantaged farmer or rancher has the meaning given the term in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) ). (b) Establishment and purpose The Secretary shall establish and administer a Biomass Crop Assistance Program to— (1) support the establishment and production of eligible crops for conversion to bioenergy in selected BCAP project areas; and (2) assist agricultural and forest land owners and operators with the collection, harvest, storage, and transportation of eligible material for use in a biomass conversion facility. (c) BCAP project area (1) In general The Secretary shall provide financial assistance to a producer of an eligible crop in a BCAP project area. (2) Selection of project areas (A) In general To be considered for selection as a BCAP project area, a project sponsor shall submit to the Secretary a proposal that, at a minimum, includes— (i) a description of the eligible land and eligible crops of each producer that will participate in the proposed BCAP project area; (ii) a letter of commitment from a biomass conversion facility that the facility will use the eligible crops intended to be produced in the proposed BCAP project area; (iii) evidence that the biomass conversion facility has sufficient equity available, as determined by the Secretary, if the biomass conversion facility is not operational at the time the proposal is submitted to the Secretary; and (iv) any other information about the biomass conversion facility or proposed biomass conversion facility that the Secretary determines necessary for the Secretary to be reasonably assured that the plant will be in operation by the date on which the eligible crops are ready for harvest. (B) BCAP project area selection criteria In selecting BCAP project areas, the Secretary shall consider— (i) the volume of the eligible crops proposed to be produced in the proposed BCAP project area and the probability that those crops will be used for the purposes of the BCAP; (ii) the volume of renewable biomass projected to be available from sources other than the eligible crops grown on contract acres; (iii) the anticipated economic impact in the proposed BCAP project area; (iv) the opportunity for producers and local investors to participate in the ownership of the biomass conversion facility in the proposed BCAP project area; (v) the participation rate by— (I) beginning farmers or ranchers (as defined in accordance with section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) )); or (II) socially disadvantaged farmers or ranchers; (vi) the impact on soil, water, and related resources; (vii) the variety in biomass production approaches within a project area, including (as appropriate)— (I) agronomic conditions; (II) harvest and postharvest practices; and (III) monoculture and poly­cul­ture crop mixes; (viii) the range of eligible crops among project areas; and (ix) any additional information that the Secretary determines to be necessary. (3) Contract (A) In general On approval of a BCAP project area by the Secretary, each producer in the BCAP project area shall enter into a contract directly with the Secretary. (B) Minimum terms At a minimum, a contract under this subsection shall include terms that cover— (i) an agreement to make available to the Secretary, or to an institution of higher education or other entity designated by the Secretary, such information as the Secretary considers to be appropriate to promote the production of eligible crops and the development of biomass conversion technology; (ii) compliance with the highly erodible land conservation requirements of subtitle B of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3811 et seq. ) and the wetland conservation requirements of subtitle C of title XII of that Act ( 16 U.S.C. 3821 et seq. ); (iii) the implementation of (as determined by the Secretary)— (I) a conservation plan; (II) a forest stewardship plan; or (III) a plan that is equivalent to a conservation or forest stewardship plan; and (iv) any additional requirements that Secretary determines to be necessary. (C) Duration A contract under this subsection shall have a term of not more than— (i) 5 years for annual and perennial crops; or (ii) 15 years for woody biomass. (4) Relationship to other programs In carrying out this subsection, the Secretary shall provide for the preservation of cropland base and yield history applicable to the land enrolled in a BCAP contract. (5) Payments (A) In general The Secretary shall make establishment and annual payments directly to producers to support the establishment and production of eligible crops on contract acreage. (B) Amount of establishment payments (i) In general Subject to clause (ii), the amount of an establishment payment under this subsection shall be not more than 50 percent of the costs of establishing an eligible perennial crop covered by the contract but not to exceed $500 per acre, including— (I) the cost of seeds and stock for perennials; (II) the cost of planting the perennial crop, as determined by the Secretary; and (III) in the case of nonindustrial private forestland, the costs of site preparation and tree planting. (ii) Socially disadvantaged farmers or ranchers In the case of socially disadvantaged farmers or ranchers, the costs of establishment may not exceed $750 per acre. (C) Amount of annual payments (i) In general Subject to clause (ii), the amount of an annual payment under this subsection shall be determined by the Secretary. (ii) Reduction The Secretary shall reduce an annual payment by an amount determined to be appropriate by the Secretary, if— (I) an eligible crop is used for purposes other than the production of energy at the biomass conversion facility; (II) an eligible crop is delivered to the biomass conversion facility; (III) the producer receives a payment under subsection (d); (IV) the producer violates a term of the contract; or (V) the Secretary determines a reduction is necessary to carry out this section. (D) Exclusion The Secretary shall not make any BCAP payments on land for which payments are received under the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 ( 16 U.S.C. 3831 et seq. ) or the agricultural conservation easement program established under subtitle H of title XII of that Act. (d) Assistance with collection, harvest, storage, and transportation (1) In general The Secretary shall make a payment for the delivery of eligible material to a biomass conversion facility to— (A) a producer of an eligible crop that is produced on BCAP contract acreage; or (B) a person with the right to collect or harvest eligible material, regardless of whether the eligible material is produced on contract acreage. (2) Payments (A) Costs covered A payment under this subsection shall be in an amount described in subparagraph (B) for— (i) collection; (ii) harvest; (iii) storage; and (iv) transportation to a biomass conversion facility. (B) Amount Subject to paragraph (3), the Secretary may provide matching payments at a rate of up to $1 for each $1 per ton provided by the biomass conversion facility, in an amount not to exceed $20 per dry ton for a period of 4 years. (3) Limitation on assistance for bcap contract acreage As a condition of the receipt of an annual payment under subsection (c), a producer receiving a payment under this subsection for collection, harvest, storage, or transportation of an eligible crop produced on BCAP acreage shall agree to a reduction in the annual payment. (e) Report Not later than 4 years after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on the dissemination by the Secretary of the best practice data and information gathered from participants receiving assistance under this section. (f) Funding (1) In general Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $38,600,000 for each of fiscal years 2014 through 2018. (2) Collection, harvest, storage, and transportation payments Of the amount made available under paragraph (1) for each fiscal year, the Secretary shall use not less than 10 percent, nor more than 50 percent, of the amount to make collection, harvest, transportation, and storage payments under subsection (d)(2). . 9010. Repeal of forest biomass for energy Section 9012 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8112 ) is repealed. 9011. Community wood energy program (a) Definition of biomass consumer cooperative Section 9013(a) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(a) ) is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following: (1) Biomass consumer cooperative The term biomass consumer cooperative means a consumer membership organization the purpose of which is to provide members with services or discounts relating to the purchase of biomass heating products or biomass heating systems. . (b) Grant program Section 9013(b)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(b)(1) ) is amended— (1) in subparagraph (A), by striking and after the semicolon at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) grants of up to $50,000 to biomass consumer cooperatives for the purpose of establishing or expanding biomass consumer cooperatives that will provide consumers with services or discounts relating to— (i) the purchase of biomass heating systems; (ii) biomass heating products, including wood chips, wood pellets, and advanced biofuels; or (iii) the delivery and storage of biomass of heating products. . (c) Matching funds Section 9013(d) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8113(d) ) is amended— (1) by striking A State or local government that receives a grant under subsection (b) and inserting the following: (1) State and local governments A State or local government that receives a grant under subparagraph (A) or (B) of subsection (b)(1) ; and (2) by adding at the end the following: (2) Biomass consumer cooperatives A biomass consumer cooperative that receives a grant under subsection (b)(1)(C) shall contribute an amount of non-Federal funds (which may include State, local, and nonprofit funds and membership dues) toward the establishment or expansion of a biomass consumer cooperative that is at least equal to 50 percent of the amount of Federal funds received for that purpose. . (d) Authorization of appropriations Section 9013(e) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8113(e)) is amended by striking 2013 and inserting 2018 . 9012. Repeal of renewable fertilizer study Section 9003 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2096) is repealed. X Horticulture 10001. Specialty crops market news allocation Section 10107(b) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622b(b) ) is amended by striking 2012 and inserting 2018 . 10002. Repeal of grant program to improve movement of specialty crops Section 10403 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1622c ) is repealed. 10003. Farmers market and local food promotion program Section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ) is amended— (1) in the section heading, by adding and local food after market ; (2) in subsection (a)— (A) by inserting and Local Food after Market ; (B) by striking farmers’ markets and to promote ; and (C) by inserting and local food capacity development before the period at the end; (3) in subsection (b), by striking paragraph (1) and inserting the following: (1) In general The purposes of the Program are to increase domestic consumption of and access to locally and regionally produced agricultural products by developing, improving, expanding, and providing outreach, training, and technical assistance to, or assisting in the development, improvement and expansion of— (A) domestic farmers’ markets, roadside stands, community-supported agriculture programs, agritourism activities, and other direct producer-to-consumer market opportunities; and (B) local and regional food enterprises that are not direct producer-to-consumer markets but process, distribute, aggregate, store, and market locally or regionally produced food products. ; (4) in subsection (c)(1)— (A) by inserting or other business entity after cooperative ; and (B) by inserting , including a community supported agriculture network or association after association ; (5) by redesignating subsection (e) as subsection (f); (6) by inserting after subsection (d) the following: (e) Priorities In providing grants under the Program, priority shall be given to applications that include projects that— (1) benefit underserved communities; (2) develop market opportunities for small and mid-sized farm and ranch operations; and (3) include a strategic plan to maximize the use of funds to build capacity for local and regional food systems in a community. ; and (7) in subsection (f) (as redesignated by paragraph (5))— (A) in paragraph (1)— (i) in the heading, by striking Fiscal years 2008 through 2012 and inserting Mandatory funding ; (ii) in subparagraph (B), by striking and after the semicolon at the end; (iii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) $20,000,000 for each of fiscal years 2014 through 2018. ; (B) by striking paragraphs (3) and (5); (C) by inserting after paragraph (2) the following: (3) Authorization of appropriations In addition to funds made available under paragraph (1), there is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. ; and (D) by adding at the end the following: (5) Use of funds (A) In general Of the funds made available to carry out the Program for each fiscal year, 50 percent shall be used for the purposes described in subsection (b)(1)(A) and 50 percent shall be used for the purposes described in subsection (b)(1)(B). (B) Cost share To be eligible to receive a grant for a project described in subsection (b)(1)(B), a recipient shall provide a match in the form of cash or in-kind contributions in an amount equal to 25 percent of the total cost of the project. (6) Administrative expenses Not more than 10 percent of the total amount made available to carry out this section for a fiscal year may be used for administrative expenses. (7) Limitations An eligible entity may not use a grant or other assistance provided under the Program for the purchase, construction, or rehabilitation of a building or structure. . 10004. Study on local food production and program evaluation (a) In general The Secretary shall— (1) collect data on the production and marketing of locally or regionally produced agricultural food products; (2) facilitate interagency collaboration and data sharing on programs related to local and regional food systems; and (3) monitor the effectiveness of programs designed to expand or facilitate local food systems. (b) Requirements In carrying out this section, the Secretary shall, at a minimum— (1) collect and distribute comprehensive reporting of prices of locally or regionally produced agricultural food products; (2) conduct surveys and analysis and publish reports relating to the production, handling, distribution, retail sales, and trend studies (including consumer purchasing patterns) of or on locally or regionally produced agricultural food products; (3) evaluate the effectiveness of existing programs in growing local and regional food systems, including— (A) the impact of local food systems on job creation and economic development; (B) the level of participation in the Farmers' Market and Local Food Promotion Program established under section 6 of the Farmer-to-Consumer Direct Marketing Act of 1976 ( 7 U.S.C. 3005 ), including the percentage of projects funded in comparison to applicants and the types of eligible entities receiving funds; (C) the ability for participants to leverage private capital and a synopsis of the places from which non-Federal funds are derived; and (D) any additional resources required to aid in the development or expansion of local and regional food systems; (4) expand the Agricultural Resource Management Survey to include questions on locally or regionally produced agricultural food products; and (5) seek to establish or expand private-public partnerships to facilitate, to the maximum extent practicable, the collection of data on locally or regionally produced agricultural food products, including the development of a nationally coordinated and regionally balanced evaluation of the redevelopment of locally or regionally produced food systems. (c) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the progress that has been made in implementing this section and identifying any additional needs related to developing local and regional food systems. 10005. Organic agriculture (a) Organic production and market data initiatives Section 7407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 5925c ) is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by inserting and annually thereafter after this subsection ; (B) in paragraph (1), by striking and at the end; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: (2) describes how data collection agencies (such as the Agricultural Marketing Service and the National Agricultural Statistics Service) are coordinating with data user agencies (such as the Risk Management Agency) to ensure that data collected under this section can be used by data user agencies, including by the Risk Management Agency to offer price elections for all organic crops; and ; and (2) in subsection (d)— (A) by striking paragraph (3); (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: (2) Mandatory funding In addition to any funds available under paragraph (1), of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $5,000,000, to remain available until expended. ; and (D) in paragraph (3) (as redesignated by subparagraph (B))— (i) in the heading, by striking for fiscal years 2008 through 2012 ; (ii) by striking paragraph (1) and inserting paragraphs (1) and (2) ; and (iii) by striking 2012 and inserting 2018 . (b) Modernization and technology upgrade for national organic program Section 2123 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6522 ) is amended— (1) in subsection (b)— (A) in paragraph (5), by striking and at the end; (B) by redesignating paragraph (6) as paragraph (7); and (C) by inserting after paragraph (5) the following: (6) $15,000,000 for each of fiscal years 2014 through 2018; and ; and (2) by adding at the end the following: (c) Modernization and technology upgrade for national organic program (1) In general The Secretary shall modernize database and technology systems of the national organic program. (2) Funding Of the funds of the Commodity Credit Corporation and in addition to any other funds made available for that purpose, the Secretary shall make available to carry out this subsection $5,000,000 for fiscal year 2014, to remain available until expended. . 10006. Food safety education initiatives Section 10105(c) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7655a(c) ) is amended by striking 2012 and inserting 2018 . 10007. Coordinated plant management program (a) In general Section 420 of the Plant Protection Act (7 U.S.C. 7721) is amended— (1) by striking the section heading and inserting Coordinated plant management program. ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) National clean plant network (1) In general The Secretary shall establish a program to be known as the National Clean Plant Network (referred to in this subsection as the Program ). (2) Requirements Under the Program, the Secretary shall establish a network of clean plant centers for diagnostic and pathogen elimination services— (A) to produce clean propagative plant material; and (B) to maintain blocks of pathogen-tested plant material in sites located throughout the United States. (3) Availability of clean plant source material Clean plant source material produced or maintained under the Program may be made available to— (A) a State for a certified plant program of the State; and (B) private nurseries and producers. (4) Consultation and collaboration In carrying out the Program, the Secretary shall— (A) consult with— (i) State departments of agriculture; and (ii) land-grant colleges and universities and NLGCA Institutions (as those terms are defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)); and (B) to the extent practicable and with input from the appropriate State officials and industry representatives, use existing Federal or State facilities to serve as clean plant centers. . (b) Funding Subsection (f) of section 420 of the Plant Protection Act ( 7 U.S.C. 7721 ) (as redesignated by subsection (a)(2)) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking and each fiscal year thereafter. and inserting a semicolon; and (3) by adding at the end the following: (5) $60,000,000 for each of fiscal years 2014 through 2017; and (6) $65,000,000 for fiscal year 2018 and each fiscal year thereafter. . (c) Repeal of existing provision Section 10202 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7761 ) is repealed. (d) Clarification of use of funds for technical assistance Section 420 of the Plant Protection Act ( 7 U.S.C. 7721 ) (as amended by subsection (a)) is amended by adding at the end the following: (g) Relationship to other law The use of Commodity Credit Corporation funds under this section to provide technical assistance shall not be considered an allotment or fund transfer from the Commodity Credit Corporation for purposes of the limit on expenditures for technical assistance imposed by section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i). . 10008. Specialty crop block grants Section 101 of the Specialty Crops Competitiveness Act of 2004 ( 7 U.S.C. 1621 note; Public Law 108–465 ) is amended— (1) in subsection (a)— (A) by striking subsection (j) and inserting subsection (l) ; and (B) by striking 2012 and inserting 2018 ; (2) by striking subsection (b) and inserting the following: (b) Grants based on value and acreage Subject to subsection (c), in the case of each State with an application for a grant for a fiscal year that is accepted by the Secretary of Agriculture under subsection (f), the amount of a grant for a fiscal year to a State under this section shall bear the same ratio to the total amount made available under subsection (l) for that fiscal year as— (1) the average of the most recent available value of specialty crop production in the State and the acreage of specialty crop production in the State, as demonstrated in the most recent Census of Agriculture data; bears to (2) the average of the most recent available value of specialty crop production in all States and the acreage of specialty crop production in all States, as demonstrated in the most recent Census of Agriculture data. ; (3) by redesignating subsection (j) as subsection (l); (4) by inserting after subsection (i) the following: (j) Multistate projects (1) In general Not later than 180 days after the date of enactment of the Agriculture Reform, Food, and Jobs Act of 2013 , the Secretary of Agriculture shall issue guidance for the purpose of making grants to multistate projects under this section for projects involving— (A) food safety; (B) plant pests and disease; (C) crop-specific projects addressing common issues; and (D) any other area that furthers the purposes of this section, as determined by the Secretary. (2) Funding Of the funds provided under subsection (l), the Secretary of Agriculture may allocate for grants under this subsection, to remain available until expended— (A) $1,000,000 for fiscal year 2014; (B) $2,000,000 for fiscal year 2015; (C) $3,000,000 for fiscal year 2016; (D) $4,000,000 for fiscal year 2017; and (E) $5,000,000 for fiscal year 2018. (k) Administration (1) Department The Secretary of Agriculture may not use more than 3 percent of the funds made available to carry out this section for a fiscal year for administrative expenses. (2) States A State receiving a grant under this section may not use more than 8 percent of the funds received under the grant for a fiscal year for administrative expenses. ; and (5) in subsection (l) (as redesignated by paragraph (3))— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) $70,000,000 for fiscal year 2014 and each fiscal year thereafter. . 10009. 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. . 10010. Report on honey (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with affected stakeholders, shall submit to the Commissioner of Food and Drugs a report describing how an appropriate Federal standard for the identity of honey would promote honesty and fair dealing and would be in the interest of consumers, the honey industry, and United States agriculture. (b) Contents In preparing the report under subsection (a), the Secretary shall take into consideration the March 2006 Standard of Identity citizens petition filed with the Food and Drug Administration, including any current industry amendments or clarifications necessary to update that 2006 petition. 10011. Removal of AMS inspection authority over apples in bulk bins (a) Definition of bulk bin In this section, the term bulk bin means a bin that contains a quantity of apples weighing more than 100 pounds. (b) Prohibition Notwithstanding any other provision of law, the Secretary of Agriculture, acting through the Agricultural Marketing Service, shall have no authority to inspect apples in bulk bins prior to export to Canada. 10012. Organic product promotion orders (a) Exemption of certified organic products from promotion order assessments Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ) is amended by striking subsection (e) and inserting the following: (e) Exemption of certified organic products from promotion order assessments (1) In general Notwithstanding any provision of a commodity promotion law, a person that produces, handles, markets, or imports organic products may be exempt from the payment of an assessment under a commodity promotion law with respect to any agricultural commodity that is certified as organic or 100 percent organic (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)). (2) Split operations The exemption described in paragraph (1) shall apply to an agricultural commodity described in that paragraph regardless of whether the agricultural commodity subject to the exemption is produced, handled, or marketed by a person that also produces, handles, or markets conventional or nonorganic agricultural products, including conventional or nonorganic agricultural products of the same agricultural commodity as that for which the exemption is claimed. (3) Approval The Secretary shall approve the exemption of a person under this subsection if the person maintains a valid organic certificate issued under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.). (4) Termination of effectiveness This subsection shall be effective until the date on which the Secretary issues an organic commodity promotion order in accordance with subsection (f). (5) Regulations The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1). . (b) Organic commodity promotion order Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ) (as amended by subsection (a)) is amended by adding at the end the following: (f) Organic commodity promotion order (1) Definitions In this subsection: (A) Certified organic farm The term certified organic farm has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 ). (B) Covered person The term covered person means a producer, handler, marketer, or importer of an organic agricultural commodity. (C) Dual-covered agricultural commodity The term dual-covered agricultural commodity means an agricultural commodity that— (i) is produced on a certified organic farm; and (ii) is covered under both— (I) an organic commodity promotion order issued under paragraph (2); and (II) any other agricultural commodity promotion order issued under this section. (2) Authorization The Secretary may issue an organic commodity promotion order under section 514 that includes any agricultural commodity that— (A) is— (i) produced or handled (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 )); and (ii) certified to be sold or labeled as organic or 100 percent organic (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)); or (B) is imported with a valid organic certificate (as defined in that part). (3) Election If the Secretary issues an organic commodity promotion order described in paragraph (2), a covered person may elect, for applicable dual-covered agricultural commodities and in the sole discretion of the covered person, whether to be assessed under the organic commodity promotion order or another applicable agricultural commodity promotion order. (4) Regulations The Secretary shall promulgate regulations concerning eligibility and compliance for an exemption under paragraph (1). . (c) Definition of agricultural commodity Section 513(1) of the Commodity Promotion, Research, and Information Act of 1996 (7 U.S.C. 7412(1)) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and (2) by inserting after subparagraph (D) the following: (E) products, as a class, that are produced on a certified organic farm (as defined in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 )) and that are certified to be sold or labeled as organic or 100 percent organic (as defined in part 205 of title 7, Code of Federal Regulations (or successor regulations)); . 10013. Effective date This title and the amendments made by this title take effect on October 1, 2013. XI Crop insurance 11001. Supplemental coverage option (a) Availability of supplemental coverage option Section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) is amended by striking paragraph (3) and inserting the following: (3) Yield and loss basis options A producer shall have the option of purchasing additional coverage based on— (A) (i) an individual yield and loss basis; or (ii) an area yield and loss basis; or (B) an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis to cover part of the deductible under the individual yield and loss policy, as authorized in paragraph (4)(C). . (b) Level of coverage Section 508(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) is amended by striking paragraph (4) and inserting the following: (4) Level of coverage (A) Dollar denomination and percentage of yield Except as provided in subparagraph (C), the level of coverage— (i) shall be dollar denominated; and (ii) may be purchased at any level not to exceed 85 percent of the individual yield or 95 percent of the area yield (as determined by the Corporation). (B) Information The Corporation shall provide producers with information on catastrophic risk and additional coverage in terms of dollar coverage (within the allowable limits of coverage provided in this paragraph). (C) Supplemental coverage option (i) In general Notwithstanding subparagraph (A), in the case of the supplemental coverage option described in paragraph (3)(B), the Corporation shall offer producers the opportunity to purchase coverage in combination with an individual buy up policy or plan of insurance offered under this subtitle that would allow indemnities to be paid to a producer equal to part of the deductible under the policy or plan of insurance, if sufficient area data is available (as determined by the Corporation). (ii) Deductible Coverage offered under this subparagraph shall be subject to a deductible in an amount equal to— (I) in the case of a producer who participates in the agriculture risk coverage program under section 1108(c) of the Agriculture Reform, Food, and Jobs Act of 2013 , 22 percent of the expected value of the crop of the producer covered by the underlying policy or plan of insurance, as determined by the Corporation; and (II) in the case of all other producers, 10 percent of the expected value of the crop of the producer covered by the underlying policy or plan of insurance, as determined by the Corporation. (iii) Coverage Subject to the deductible imposed by clause (ii), coverage offered under this subparagraph shall cover the first loss incurred by the producer, not to exceed the difference between— (I) 100 percent; and (II) the coverage level selected by the producer for the underlying policy or plan of insurance. (iv) Calculation of premium Notwithstanding subsection (d), the premium shall— (I) be sufficient to cover anticipated losses and a reasonable reserve; and (II) include an amount for operating and administrative expenses established in accordance with subsection (k)(4)(F). . (c) Payment of portion of premium by Corporation Section 508(e)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(2) ) is amended by adding at the end the following: (H) In the case of the supplemental coverage option authorized in subsection (c)(4)(C), the amount shall be equal to the sum of— (i) 65 percent of the additional premium associated with the coverage; and (ii) the amount determined under subsection (c)(4)(C)(iv)(II) for the coverage to cover operating and administrative expenses. . (d) Conforming amendment Section 508(k)(4)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4)(F) ) is amended by inserting or authorized under subsection (c)(4)(C) after of this subparagraph . (e) Effective date The Federal Crop Insurance Corporation shall begin to provide additional coverage based on an individual yield and loss basis, supplemented with coverage based on an area yield and loss basis, not later than for the 2014 crop year. 11002. Crop margin coverage option (a) Availability of crop margin coverage option Section 508(c)(3) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c) ) (as amended by section 11001(a)) is amended— (1) in subparagraph (A)(ii), by striking or at the end; (2) in subparagraph (B), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) a margin basis alone or in combination with— (i) individual yield and loss coverage; or (ii) area yield and loss coverage. . 11003. Premium amounts for catastrophic risk protection Section 508(d)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(d)(2) ) is amended by striking subparagraph (A) and inserting the following: (A) In the case of catastrophic risk protection, the amount of the premium established by the Corporation for each crop for which catastrophic risk protection is available shall be reduced by the percentage equal to the difference between the average loss ratio for the crop and 100 percent, plus a reasonable reserve, as determined by the Corporation. . 11004. Permanent enterprise unit Section 508(e)(5) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5) ) is amended by striking subparagraph (A) and inserting the following: (A) In general The Corporation may pay a portion of the premiums for plans or policies of insurance for which the insurable unit is defined on a whole farm or enterprise unit basis that is higher than would otherwise be paid in accordance with paragraph (2). . 11005. Enterprise units for irrigated and nonirrigated crops Section 508(e)(5) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e)(5) ) is amended by adding at the end the following: (D) Nonirrigated crops Beginning with the 2014 crop year, the Corporation shall make available separate enterprise units for irrigated and nonirrigated acreages of crops in counties. . 11006. Data collection Section 508(g)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(2) ) is amended by adding at the end the following: (E) Sources of yield data To determine yields under this paragraph, the Corporation— (i) shall use county data collected by the Risk Management Agency or the National Agricultural Statistics Service, or both; or (ii) if sufficient county data is not available, may use other data considered appropriate by the Secretary. . 11007. Adjustment in actual production history to establish insurable yields Section 508(g)(4)(B) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(g)(4)(B) ) is amended— (1) in the matter preceding clause (i), by inserting for the 2013 crop year or any prior crop year, or 65 percent of the applicable transitional yield for the 2014 or any subsequent crop year, after transitional yield ; and (2) in clause (ii), by striking 60 percent of the applicable transitional yield and inserting the applicable percentage of the transitional yield described in this subparagraph . 11008. Submission and review of policies Section 508(h)(1) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h)(1) ) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (2) by striking (1) In general .— and inserting the following: (1) Submission and review of policies (A) Submissions In addition ; and (3) by adding at the end the following: (B) Review The Corporation shall review any policy developed under section 522(c) or any pilot program developed under section 523 and submit the policy or program to the Board under this subsection if the Corporation, at the sole discretion of the Corporation, finds that the policy or program— (i) will likely result in a viable and marketable policy consistent with this subsection; (ii) would provide crop insurance coverage in a significantly improved form; and (iii) adequately protects the interests of producers. . 11009. Board review and approval (a) Review and approval by the board Section 508(h) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h) ) is amended by striking paragraph (3) and inserting the following: (3) Review and approval by the board (A) In general A policy, plan of insurance, or other material submitted to the Board under this subsection shall be reviewed by the Board and shall be approved by the Board for reinsurance and for sale by approved insurance providers to producers at actuarially appropriate rates and under appropriate terms and conditions if the Board, at the sole discretion of the Board, determines that— (i) the interests of producers are adequately protected; (ii) the rates of premium and price election methodology are actuarially appropriate; (iii) the terms and conditions for the proposed policy or plan of insurance are appropriate and would not unfairly discriminate among producers; (iv) the proposed policy or plan of insurance will, at the sole discretion of the Board— (I) likely result in a viable and marketable policy that can reasonably attain levels of participation similar to other like policies or plans of insurance; (II) provide crop insurance coverage in a significantly improved form or in a manner that addresses a recognized flaw or problem in an existing policy; or (III) provide a new kind of coverage for a commodity that previously had no available crop insurance, or has demonstrated a low level of participation under existing coverage; (v) the proposed policy or plan of insurance will, at the sole discretion of the Board, not have a significant adverse impact on the crop insurance delivery system; and (vi) the proposed policy or plan of insurance meets such other requirements as are determined appropriate by the Board. (B) Priorities (i) Establishment The Board, at the sole discretion of the Board, may— (I) annually establish priorities under this subsection that specify types of submissions needed to fulfill the portfolio of policies or plans of insurance to be reviewed and approved under this subsection; and (II) make the priorities available on the website of the Corporation. (ii) Process (I) In general Policies or plans of insurance that satisfy the priorities established by the Board under this subsection shall be considered by the Board for approval prior to other submissions. (II) Considerations In approving policies or plans of insurance, the Board shall— (aa) consider providing the highest priorities for policies or plans of insurance that address underserved commodities, including commodities for which there is no insurance; and (bb) consider providing the highest priorities for existing policies for which there is inadequate coverage or there exists low levels of participation. (iii) Other criteria The Board may establish such other criteria as the Board determines to meet the needs of producers and the priorities of this subsection, consistent with the purposes of this subtitle. . 11010. Consultation Section 508(h)(4) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(h) ) is amended by adding at the end the following: (E) Consultation (i) Requirement As part of the feasibility and research associated with the development of a policy or other material conducted prior to making a submission to the Board under this subsection, the submitter shall consult with groups representing producers of agricultural commodities in all major producing areas for the commodities to be served or potentially impacted, either directly or indirectly. (ii) Submission to the board Any submission made to the Board under this subsection shall contain a summary and analysis of the feasibility and research findings from the impacted groups described in clause (i), including a summary assessment of the support for or against development of the policy and an assessment on the impact of the proposed policy to the general marketing and production of the crop from both a regional and national perspective. (iii) Evaluation by the board In evaluating whether the interests of producers are adequately protected pursuant to paragraph (3) with respect to an submission made under this subsection, the Board shall review the information provided pursuant to clause (ii) to determine if the submission will create adverse market distortions with respect to the production of commodities that are the subject of the submission. . 11011. Budget limitations on renegotiation of the Standard Reinsurance Agreement Section 508(k)(8) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(8) ) is amended by adding at the end the following: (F) Budget (i) In general The Board shall ensure that any Standard Reinsurance Agreement negotiated under subparagraph (A)(ii), as compared to the previous Standard Reinsurance Agreement— (I) to the maximum extent practicable, shall be budget neutral; and (II) in no event, may significantly depart from budget neutrality. (ii) Use of savings To the extent that any budget savings is realized in the renegotiation of a Standard Reinsurance Agreement under subparagraph (A)(ii), and the savings are determined not to be a significant departure from budget neutrality under clause (i), the savings shall be used for programs administered or managed by the Risk Management Agency. . 11012. Test weight for corn Section 508(m) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(m) ) is amended by adding at the end the following: (6) Test weight for corn (A) In general The Corporation shall establish procedures to allow insured producers not more than 120 days to settle claims, in accordance with procedures established by the Secretary, involving corn that is determined to have low test weight. (B) Implementation As soon as practicable after the date of enactment of this paragraph, the Corporation shall implement subparagraph (A) on a regional basis based on market conditions and the interests of producers. (C) Termination of effectiveness The authority provided by this paragraph terminates effective on the date that is 5 years after the date on which subparagraph (A) is implemented. . 11013. Stacked Income Protection Plan for producers of upland cotton (a) Availability of stacked income protection plan The Federal Crop Insurance Act is amended by inserting after section 508A ( 7 U.S.C. 1508a ) the following: 508B. Stacked Income Protection Plan for producers of upland cotton (a) Availability Beginning not later than the 2014 crop of upland cotton, if practicable, the Corporation shall make available to producers of maximum eligible acres of upland cotton an additional policy (to be known as the Stacked Income Protection Plan ), which shall provide coverage consistent with the Group Risk Income Protection Plan (and the associated Harvest Revenue Option Endorsement) offered by the Corporation for the 2011 crop year. (b) Required terms The Corporation may modify the Stacked Income Protection Plan on a program-wide basis, except that the Stacked Income Protection Plan shall comply with the following requirements: (1) (A) Provide coverage for revenue loss of not more than 30 percent of expected county revenue, specified in increments of 5 percent. (B) The deductible is the minimum percent of revenue loss at which indemnities are triggered under the plan, not to be less than 10 percent of the expected county revenue. (C) Once the deductible is met, any losses in excess of the deductible will be paid up to the coverage selected by the producer. (2) Be offered to producers of upland cotton in all counties with upland cotton production— (A) at a county-wide level to the fullest extent practicable; or (B) in counties that lack sufficient data, on the basis of such larger geographical area as the Corporation determines to provide sufficient data for purposes of providing the coverage. (3) Be purchased in addition to any other individual or area coverage in effect on the producer’s acreage or as a stand-alone policy, except that if a producer has an individual or area coverage for the same acreage, the maximum coverage available under the Stacked Income Protection Plan shall not exceed the deductible for the individual or area coverage. (4) Establish coverage based on— (A) an expected price that is the expected price established under existing Group Risk Income Protection or area wide policy offered by the Corporation for the applicable county (or area) and crop year; and (B) an expected county yield that is the higher of— (i) the expected county yield established for the existing area-wide plans offered by the Corporation for the applicable county (or area) and crop year (or, in geographic areas where area-wide plans are not offered, an expected yield determined in a manner consistent with those of area-wide plans); or (ii) (I) the average of the applicable yield data for the county (or area) for the most recent 5 years, excluding the highest and lowest observations, from the Risk Management Agency or the National Agricultural Statistics, or both; or (II) if sufficient county data is not available, such other data considered appropriate by the Secretary. (5) Use a multiplier factor to establish maximum protection per acre (referred to as a protection factor ) of not more than 120 percent. (6) Pay an indemnity based on the amount that the expected county revenue exceeds the actual county revenue, as applied to the individual coverage of the producer. Indemnities under the Stacked Income Protection Plan shall not include or overlap the amount of the deductible selected under paragraph (1). (7) To the maximum extent practicable, in all counties for which data are available, establish separate coverage for irrigated and nonirrigated practices. (8) Notwithstanding section 508(d), include a premium that— (A) is sufficient to cover anticipated losses and a reasonable reserve; and (B) includes an amount for operating and administrative expenses established in accordance with section 508(k)(4)(F). (c) Relation to other coverages (1) In general Except as provided in paragraph (2), the Stacked Income Protection Plan is in addition to all other coverages available to producers of upland cotton. (2) Limitation Acreage of upland cotton insured under the Supplemental Coverage Option shall not be eligible for the Stacked Income Protection Plan. (d) Payment of portion of premium by Corporation Subject to section 508(e)(4), the amount of premium paid by the Corporation for all qualifying coverage levels of the Stacked Income Protection Plan shall be— (1) 80 percent of the amount of the premium established under subsection (b)(8)(A) for the coverage level selected; and (2) the amount determined under subsection (b)(8)(B) to cover administrative and operating expenses. . (b) Conforming amendment Section 508(k)(4)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(k)(4)(F) ) (as amended by section 11001(d)) is amended by inserting or under section 508B after subsection (c)(4)(C) . 11014. Peanut revenue crop insurance The Federal Crop Insurance Act is amended by inserting after section 508B (as added by section 11013(a)) the following: 508C. Peanut revenue crop insurance (a) In general Effective beginning with the 2014 crop year, the Risk Management Agency and the Corporation shall make available to producers of peanuts a revenue crop insurance program for peanuts. (b) Effective price (1) In general Subject to paragraph (2), for purposes of the policies and plans of insurance offered under subsections (a) and (b) of section 508, the effective price for peanuts shall be equal to the Rotterdam price index for peanuts, as adjusted to reflect the farmer stock price of peanuts in the United States. (2) Adjustments (A) In general The effective price for peanuts established under paragraph (1) may be adjusted by the Risk Management Agency and the Corporation to correct distortions. (B) Administration If an adjustment is made under subparagraph (A), the Risk Management Agency and the Corporation shall— (i) make the adjustment in an open and transparent manner; and (ii) submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the reasons for the adjustment. . 11015. Authority to correct errors Section 515(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1515(c) ) is amended— (1) in the first sentence, by striking The Secretary and inserting the following: (1) In general The Secretary ; (2) in the second sentence, by striking Beginning with and inserting the following: (2) Frequency Beginning with ; and (3) by adding at the end the following: (3) Corrections (A) In general The Corporation shall establish procedures that allow an agent and approved insurance provider within a reasonable amount of time following the applicable sales closing date to correct information regarding the entity name, social security number, tax identification number, or such other eligibility information as determined by the Corporation that is provided by a producer for the purpose of obtaining coverage under any policy or plan of insurance made available under this subtitle to ensure that the eligibility information is consistent with the information reported by the producer to the Farm Service Agency. (B) Limitation In accordance with the procedures of the Corporation, procedures under subparagraph (A) may include any subsequent correction to the eligibility information described in that subparagraph made by the Farm Service Agency if the corrections do not allow the producer— (i) to obtain a disproportionate benefit under the crop insurance program or any related program of the Department of Agriculture; (ii) to avoid ineligibility requirements for insurance; or (iii) to avoid an obligation or requirement under any Federal or State law. . 11016. Implementation Section 515 of the Federal Crop Insurance Act ( 7 U.S.C. 1515 ) is amended— (1) in subsection (j), by striking paragraph (1) and inserting the following: (1) Systems maintenance and upgrades (A) In general The Secretary shall maintain and upgrade the information management systems of the Corporation used in the administration and enforcement of this subtitle. (B) Requirement (i) In general In maintaining and upgrading the systems, the Secretary shall ensure that new hardware and software are compatible with the hardware and software used by other agencies of the Department to maximize data sharing and promote the purposes of this section. (ii) Acreage report streamlining initiative project As soon as practicable, the Secretary shall develop and implement an acreage report streamlining initiative project to allow producers to report acreage and other information directly to the Department. ; and (2) in subsection (k), by striking paragraph (1) and inserting the following: (1) Information technology (A) In general For purposes of subsection (j)(1), the Corporation may use, from amounts made available from the insurance fund established under section 516(c), not more than— (i) (I) for fiscal year 2014, $25,000,000; and (II) for each of fiscal years 2015 through 2018, $10,000,000; or (ii) if the Acreage Crop Reporting Streamlining Initiative (ACRSI) project is substantially completed by September 30, 2013, not more than $15,000,000 for each of fiscal years 2015 through 2018. (B) Notification Not later than July 1, 2013, the Secretary shall notify the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on the status of the substantial completion of the Acreage Crop Reporting Streamlining Initiative (ACRSI) project. . 11017. Crop insurance fraud Section 516(b)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1516(b)(2) ) is amended by adding at the end the following: (C) Reviews, compliance, and program integrity For each of the 2014 and subsequent reinsurance years, the Corporation may use the insurance fund established under subsection (c), but not to exceed $5,000,000 for each fiscal year, to pay the following: (i) Costs to reimburse expenses incurred for the review of policies, plans of insurance, and related materials and to assist the Corporation in maintaining program integrity. (ii) In addition to other available funds, costs incurred by the Risk Management Agency for compliance operations associated with activities authorized under this title. . 11018. Approval of costs for research and development Section 522(b)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(b)(2) ) is amended by striking subparagraph (E) and inserting the following: (E) Approval (i) In general The Board may approve up to 50 percent of the projected total research and development costs to be paid in advance to an applicant, in accordance with the procedures developed by the Board for the making of the payments, if, after consideration of the reviewer reports described in subparagraph (D) and such other information as the Board determines appropriate, the Board determines that— (I) the concept, in good faith, will likely result in a viable and marketable policy consistent with section 508(h); (II) at the sole discretion of the Board, the concept, if developed into a policy and approved by the Board, would provide crop insurance coverage— (aa) in a significantly improved form or that addresses a unique need of agricultural producers; (bb) to a crop or region not traditionally served by the Federal crop insurance program; or (cc) in a form that addresses a recognized flaw or problem in the program; (III) the applicant agrees to provide such reports as the Corporation determines are necessary to monitor the development effort; (IV) the proposed budget and timetable are reasonable, as determined by the Board; and (V) the concept proposal meets any other requirements that the Board determines appropriate. (ii) Waiver The Board may waive the 50-percent limitation and, upon request of the submitter after the submitter has begun research and development activities, the Board may approve an additional 25 percent advance payment to the submitter for research and development costs, if, at the sole discretion of the Board, the Board determines that— (I) the intended policy or plan of insurance developed by the submitter will provide coverage for a region or crop that is underserved by the Federal crop insurance program, including specialty crops; (II) the submitter is making satisfactory progress towards developing a viable and marketable policy or plan of insurance consistent with section 508(h); and (III) the submitter does not have sufficient financial resources to complete the development of the submission into a viable and marketable policy or plan of insurance consistent with section 508(h). . 11019. Whole farm risk management insurance Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by adding at the end the following: (18) Whole farm diversified risk management insurance plan (A) In general The Corporation shall conduct activities or enter into contracts to carry out research and development to develop a whole farm risk management insurance plan, with a liability limitation of $1,500,000, that allows a diversified crop or livestock producer the option to qualify for an indemnity if actual gross farm revenue is below 85 percent of the average gross farm revenue or the expected gross farm revenue that can reasonably be expected of the producer, as determined by the Corporation. (B) Eligible producers The Corporation shall permit producers (including direct-to-consumer marketers, and producers servicing local and regional and farm identity-preserved markets) who produce multiple agricultural commodities, including specialty crops, industrial crops, livestock, and aquaculture products, to participate in the plan in lieu of any other plan under this subtitle. (C) Diversification The Corporation may provide diversification-based additional coverage payment rates, premium discounts, or other enhanced benefits in recognition of the risk management benefits of crop and livestock diversification strategies for producers that grow multiple crops or that may have income from the production of livestock that uses a crop grown on the farm. (D) Market readiness The Corporation may include coverage for the value of any packing, packaging, or any other similar on-farm activity the Corporation determines to be the minimum required in order to remove the commodity from the field. (E) Report Not later than 2 years after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results and feasibility of the research and development conducted under this paragraph, including an analysis of potential adverse market distortions. . 11020. Study of food safety insurance Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) (as amended by section 11018) is amended by adding at the end the following: (19) Study of food safety insurance (A) In general The Corporation shall offer to enter into a contract with 1 or more qualified entities to conduct a study to determine whether offering policies that provide coverage for specialty crops from food safety and contamination issues would benefit agricultural producers. (B) Subject The study described in subparagraph (A) shall evaluate policies and plans of insurance coverage that provide protection for production or revenue impacted by food safety concerns including, at a minimum, government, retail, or national consumer group announcements of a health advisory, removal, or recall related to a contamination concern. (C) Report Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). . 11021. Crop insurance for livestock Section 522(c) of the Federal Crop Insurance Act (as amended by section 11019) is amended by adding at the end the following: (20) Study on swine catastrophic disease program (A) In general The Corporation shall contract with a qualified person to conduct a study to determine the feasibility of insuring swine producers for a catastrophic event. (B) Report Not later than 1 year after the date of the enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). . 11022. Margin coverage for catfish Section 522(c) of the Federal Crop Insurance Act (as amended by section 11020) is amended by adding at the end the following: (21) Margin coverage for catfish (A) In general The Corporation shall offer to enter into a contract with a qualified entity to conduct research and development regarding a policy to insure producers against reduction in the margin between the market value of catfish and selected costs incurred in the production of catfish. (B) Eligibility Eligibility for the policy described in subparagraph (A) shall be limited to freshwater species of catfish that are propagated and reared in controlled or selected environments. (C) Implementation The Board shall review the policy described in subparagraph (B) under subsection 508(h) and approve the policy if the Board finds that the policy— (i) will likely result in a viable and marketable policy consistent with this subsection; (ii) would provide crop insurance coverage in a significantly improved form; (iii) adequately protects the interests of producers; and (iv) the proposed policy meets other requirements of this subtitle determined appropriate by the Board. . 11023. Poultry business disruption insurance policy Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) (as amended by section 11021) is amended by adding at the end the following: (22) Poultry business disruption insurance policy and catastrophic disease program (A) Definition of poultry In this paragraph, the term poultry has the meaning given the term in section 2(a) of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 182(a) ). (B) Authority The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out— (i) a study to determine the feasibility of insuring commercial poultry production against business disruptions caused by integrator bankruptcy; and (ii) a study to determine the feasibility of insuring poultry producers for a catastrophic event. (C) Business disruption study The study described in subparagraph (B)(i) shall— (i) evaluate the market place for business disruption insurance that is available to poultry producers; (ii) assess the feasibility of a policy to allow producers to ensure against a portion of losses from loss under contract due to business disruption from integrator bankruptcy; and (iii) analyze the costs to the Federal Government of a Federal business disruption insurance program for poultry producers. (D) Reports Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of— (i) the study carried out under subparagraph (B)(i); and (ii) the study carried out under subparagraph (B)(ii). . 11024. Study of crop insurance for seafood harvesters Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) (as amended by section 11022) is amended by adding at the end the following: (23) Feasibility study to assist seafood harvesters (A) In general The Corporation shall offer to enter into a contract with a qualified entity to conduct a feasibility study to determine the best method of insuring seafood harvesters, including such data collection and analysis as is necessary to conduct the study. (B) Report Not later than 1 year after the date of enactment of this subsection, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study. . 11025. Biomass and sweet sorghum energy crop insurance policies Section 522(c) of the Federal Crop Insurance Act of 1938 ( 7 U.S.C. 1522(c) ) (as amended by section 11023) is amended by adding at the end the following: (24) Biomass and sweet sorghum energy crop insurance policies (A) Authority The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out research and development regarding— (i) a policy to insure biomass sorghum that is grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products; and (ii) a policy to insure sweet sorghum that is grown for a purpose described in clause (i). (B) Research and development Research and development with respect to each of the policies described in subparagraph (A) shall evaluate the effectiveness of risk management tools for the production of biomass sorghum or sweet sorghum, including policies and plans of insurance that— (i) are based on market prices and yields; (ii) to the extent that insufficient data exist to develop a policy based on market prices and yields, are based on the use of weather indices, including, at a minimum, excessive or inadequate rainfall, to protect the interests of crop producers; and (iii) provide protection for production or revenue losses, or both. . 11026. Alfalfa crop insurance policy Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) (as amended by section 11024) is amended by adding at the end the following: (25) Alfalfa crop insurance policy (A) In general The Corporation shall offer to enter into 1 or more contracts with qualified entities to carry out research and development regarding a policy to insure alfalfa. (B) Report Not later than 1 year after the date of enactment of this paragraph, the Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study conducted under subparagraph (A). . 11027. Crop insurance for organic crops (a) In general Section 508(c)(6) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(c)(6) ) is amended by adding at the end the following: (D) Organic crops (i) In general As soon as possible, but not later than the 2015 reinsurance year, the Corporation shall offer producers of organic crops price elections for all organic crops produced in compliance with standards issued by the Department of Agriculture under the national organic program established under the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.) that reflect the actual retail or wholesale prices, as appropriate, received by producers for organic crops, as determined by the Secretary using all relevant sources of information. (ii) Annual report The Corporation shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report on progress made in developing and improving Federal crop insurance for organic crops, including— (I) the numbers and varieties of organic crops insured; (II) the progress of implementing the price elections required under this subparagraph, including the rate at which additional price elections are adopted for organic crops; (III) the development of new insurance approaches relevant to organic producers; and (IV) any recommendations the Corporation considers appropriate to improve Federal crop insurance coverage for organic crops. . (b) Conforming amendment Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) (as amended by section 11024) is amended— (1) by striking paragraph (10); and (2) by redesignating paragraphs (11) through (24) as paragraphs (10) through (23), respectively. 11028. Research and development (a) In general Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended— (1) in the subsection heading, by striking Contracting ; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking may enter into contracts to carry out research and development to and inserting may conduct activities or enter into contracts to carry out research and development to maintain or improve existing policies or develop new policies to ; (3) in paragraph (2)— (A) in subparagraph (A), by inserting conduct research and development or after The Corporation may ; and (B) by striking subparagraph (B) and inserting the following: (B) Consultation Before conducting research and development or entering into a contract under subparagraph (A), the Corporation shall follow the consultation requirements described in section 508(h)(4)(E). ; (4) in paragraph (5), by inserting after expert review in accordance with section 505(e) and procedures of the Board after approved by the Board ; and (5) in paragraph (6), by striking a pasture, range, and forage program and inserting policies that increase participation by producers of underserved agricultural commodities, including sweet sorghum, sorghum for biomass, specialty crops, sugarcane, and dedicated energy crops . (b) Funding Section 522(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(e) ) is amended— (1) in paragraph (2)— (A) by striking (A) Authority .— and inserting (A) Conducting and contracting for research and development .— ; (B) in subparagraph (A), by inserting conduct research and development and after the Corporation may use to ; and (C) in subparagraph (B), by inserting conduct research and development and after for the fiscal year to ; (2) in paragraph (3), in the matter preceding subparagraph (A), by striking to provide either reimbursement payments or contract payments ; and (3) by striking paragraph (4). 11029. Pilot programs Section 523(a) of the Federal Crop Insurance Act ( 7 U.S.C. 1523(a) ) is amended— (1) in paragraph (1), by inserting , at the sole discretion of the Corporation, after may ; and (2) by striking paragraph (5). 11030. Index-based weather insurance pilot program Section 523(a)(2) of the Federal Crop Insurance Act ( 7 U.S.C. 1523(a)(2) ) is amended— (1) by striking Under inserting the following: (A) In general Under ; and (2) by adding at the end the following: (B) Index-based weather insurance pilot program (i) In general Notwithstanding subparagraph (A), the Corporation, at the sole discretion of the Corporation, may conduct a pilot program to provide financial assistance for producers of underserved crops and livestock (including specialty crops) to purchase an index-based weather insurance product from a private insurance company, subject to the requirements of this subparagraph. (ii) Payment of premium (I) In general Subject to subclause (II) and clause (v), the Corporation may pay a portion of the premium for producers who purchase index-based weather insurance protection from a private insurance company for a crop and policy that is not reinsured under this subtitle, as determined by the Corporation. (II) Condition The premium assistance under subclause (I) shall not exceed 60 percent of the estimated premium amount, based on expected losses, representative operating expenses, and representative profit margins, as determined by the Corporation. (iii) Eligible providers Before providing premium assistance to producers to purchase index-based weather insurance from a private insurance company pursuant to this subparagraph, the Corporation shall verify that the company has adequate experience— (I) to develop and manage the index-based weather insurance products, including adequate resources, experience, and assets or sufficient reinsurance to meet the obligations of the company under this subparagraph; and (II) to support and deliver the index-based weather insurance products. (iv) Procedures The Corporation shall develop and publish procedures to administer the pilot program under this subparagraph that— (I) require each applicable private insurance company to report claim and sales data, and any other data the Corporation determines to be appropriate, to allow the Corporation to evaluate product pricing and performance; (II) allow the private insurance companies exclusive rights over the private insurance offered under this subparagraph, including rating of policies, protection of intellectual property rights on the product or policy, and associated rating methodology, for the period during which the companies are eligible under clause (iii); and (III) contain such other requirements as the Corporation determines to be necessary to ensure that— (aa) the interests of producers are protected; and (bb) the program operates in an actuarially sound manner. (v) Funding Of the funds of the Corporation, the Corporation shall use to carry out this subparagraph $10,000,000 for each of fiscal years 2014 through 2018, to remain available until expended. . 11031. Enhancing producer self-help through farm financial benchmarking (a) Definition Section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ) is amended— (1) by redesignating paragraphs (6) through (9) as paragraphs (7) through (10), respectively; and (2) by inserting after paragraph (5) the following: (6) Farm financial benchmarking The term farm financial benchmarking means— (A) the process of comparing the performance of an agricultural enterprise against the performance of other similar enterprises, through the use of comparable and reliable data, in order to identify business management strengths, weaknesses, and steps necessary to improve management performance and business profitability; and (B) benchmarking of the type conducted by farm management and producer associations consistent with the activities described in or funded pursuant to section 1672D of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925f). . (b) Partnerships for risk management for producers of specialty crops and underserved agricultural commodities Section 522(d)(3)(F) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(d)(3)(F) ) is amended by inserting farm financial benchmarking, after management, . (c) Crop insurance education and risk management assistance Section 524(a) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(a) ) is amended— (1) in paragraph (3)(A), by inserting farm financial benchmarking, after risk reduction, ; and (2) in paragraph (4), in the matter preceding subparagraph (A), by inserting (including farm financial benchmarking) after management strategies . 11032. Beginning farmer and rancher provisions (a) Definition Section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ) (as amended by section 11029(a)) is amended— (1) by redesignating paragraphs (3) through (10) as paragraphs (4) through (11), respectively; and (2) by inserting after paragraph (2) the following: (3) Beginning farmer or rancher The term beginning farmer or rancher means a farmer or rancher who has not actively operated and managed a farm or ranch with a bona fide insurable interest in a crop or livestock as an owner-operator, landlord, tenant, or sharecropper for more than 5 crop years, as determined by the Secretary. . (b) Premium adjustments Section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) is amended— (1) in subsection (b)(5)(E), by inserting and beginning farmers or ranchers after limited resource farmers ; (2) in subsection (e), by adding at the end the following: (8) Premium for beginning farmers or ranchers Notwithstanding any other provision of this subsection regarding payment of a portion of premiums, a beginning farmer or rancher shall receive premium assistance that is 10 percentage points greater than premium assistance that would otherwise be available under paragraphs (2) (except for subparagraph (A) of that paragraph), (5), (6), and (7) for the applicable policy, plan of insurance, and coverage level selected by the beginning farmer or rancher. ; and (3) in subsection (g)— (A) in paragraph (2)(B)— (i) in clause (i), by striking or at the end; (ii) in clause (ii)(III), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (iii) if the producer is a beginning farmer or rancher who was previously involved in a farming or ranching operation, including involvement in the decisionmaking or physical involvement in the production of the crop or livestock on the farm, for any acreage obtained by the beginning farmer or rancher, a yield that is the higher of— (I) the actual production history of the previous producer of the crop or livestock on the acreage determined under subparagraph (A); or (II) a yield of the producer, as determined in clause (i). ; and (B) in paragraph (4)(B)(ii) (as amended by section 11007)— (i) by inserting (I) after (ii) ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (II) in the case of beginning farmers or ranchers, replace each excluded yield with a yield equal to 80 percent of the applicable transitional yield. . 11033. Limitation on premium subsidy based on average adjusted gross income Section 508(e) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(e) ) (as amended by section 11030(b)) is amended by adding at the end the following: (9) Limitation on premium subsidy based on average adjusted gross income (A) Definition of average adjusted gross income In this paragraph, the term average adjusted gross income has the meaning given the term in section 1001D(a) of the Food Security Act of 1985 (7 U.S.C. 1308–3a(a)). (B) Limitation Notwithstanding any other provision of this subtitle and beginning with the 2014 reinsurance year, in the case of any producer that is a person or legal entity that has an average adjusted gross income in excess of $750,000 based on the most recent data available from the Farm Service Agency as of the beginning of the reinsurance year, the total amount of premium subsidy provided with respect to additional coverage under subsection (c), section 508B, or section 508C issued on behalf of the producer for a reinsurance year shall be 15 percentage points less than the premium subsidy provided in accordance with this subsection that would otherwise be available for the applicable policy, plan of insurance, and coverage level selected by the producer. (C) Application (i) Study Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Government Accountability Office, shall carry out a study to determine the effects of the limitation described in subparagraph (B) on— (I) the overall operations of the Federal crop insurance program; (II) the number of producers participating in the Federal crop insurance program; (III) the level of coverage purchased by participating producers; (IV) the amount of premiums paid by participating producers and the Federal Government; (V) any potential liability for participating producers, approved insurance providers, and the Federal Government; (VI) different crops or growing regions; (VII) program rating structures; (VIII) creation of schemes or devices to evade the impact of the limitation; and (IX) administrative and operating expenses paid to approved insurance providers and underwriting gains and loss for the Federal government and approved insurance providers. (ii) Effectiveness The limitation described in subparagraph (B) shall not take effect unless the Secretary determines, through the study described in clause (i), that the limitation would not— (I) significantly increase the premium amount paid by producers with an average adjusted gross income of less than $750,000; (II) result in a decline in the crop insurance coverage available to producers; and (III) increase the total cost of the Federal crop insurance program. . 11034. Agricultural management assistance, risk management education, and organic certification cost share assistance Section 524 of the Federal Crop Insurance Act ( 7 U.S.C. 1524 ) is amended by striking subsection (b) and inserting the following: (b) Agricultural management assistance, risk management education, and organic certification cost share assistance (1) Authority for provision of assistance The Secretary shall provide assistance under this section as follows: (A) Provision of organic certification cost share assistance pursuant to section 10606 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 6523 ). (B) Activities to support risk management education and community outreach partnerships pursuant to section 522(d), including— (i) entering into futures or hedging; (ii) entering into agricultural trade options as a hedging transaction to reduce production, price, or revenue risk; or (iii) conducting any other activity relating to an activity described in clause (i) or (ii), including farm financial bench­mark­ing, as determined by the Secretary. (C) Provision of agricultural management assistance grants to producers in States in which there has been traditionally, and continues to be, a low level of Federal crop insurance participation and availability, and producers underserved by the Federal crop insurance program, as determined by the Secretary, for the purposes of— (i) constructing or improving— (I) watershed management structures; or (II) irrigation structures; (ii) planting trees to form windbreaks or to improve water quality; and (iii) mitigating financial risk through production or marketing diversification or resource conservation practices, including— (I) soil erosion control; (II) integrated pest management; (III) organic farming; or (IV) to develop and implement a plan to create marketing opportunities for the producer, including through value-added processing. (2) Payment limitation The total amount of payments made to a person (as defined in section 1001(a)(5) of the Food Security Act (7 U.S.C. 1308(a)(5))) (as in existence before the amendment made by section 1603(b) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1730)) under paragraph (1) for any year may not exceed $50,000. (3) Funding (A) In general The Secretary shall carry out this subsection through the Commodity Credit Corporation. (B) Funding For each of fiscal years 2014 through 2018, the Commodity Credit Corporation shall make available to carry out this subsection $23,000,000. (C) Distribution of funds Of the amount made available to carry out this subsection for a fiscal year, the Commodity Credit Corporation shall use not less than— (i) 50 percent to carry out paragraph (1)(A); (ii) 26 percent to carry out paragraph (1)(B); and (iii) 24 percent to carry out paragraph (1)(C). . 11035. Crop production on native sod (a) Federal crop insurance Section 508(o) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(o) ) is amended— (1) in paragraph (1)(B), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in paragraph (2)(A), by striking for benefits under— and all that follows through the period at the end and inserting “for— (i) a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph (3); (ii) benefits under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ); and (iii) payments described in section 1001(b) of the Food Security Act of 1985 (7 U.S.C. 1308(b)). ; and (3) by striking paragraph (3) and inserting the following: (3) Administration (A) In general During the first 4 crop years of planting on native sod acreage by a producer described in paragraph (2)— (i) paragraph (2) shall apply to 65 percent of the applicable transitional yield; and (ii) the crop insurance premium subsidy provided for the producer under this subtitle shall be 50 percentage points less than the premium subsidy that would otherwise apply. (B) Yield substitution During the period native sod acreage is covered by this subsection, a producer may not substitute yields for the native sod acreage. . (b) Noninsured crop disaster assistance Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(4)) is amended— (1) in subparagraph (A)(ii), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in subparagraph (B)(i), by striking for benefits under— and all that follows through the period at the end and inserting “for— (I) benefits under this section; (II) a portion of crop insurance premium subsidies under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) in accordance with subparagraph (C); and (III) payments described in section 1001(b) of the Food Security Act of 1985 (7 U.S.C. 1308(b)). ; and (3) by striking subparagraph (C) and inserting the following: (C) Administration (i) In general During the first 4 crop years of planting on native sod acreage by a producer described in subparagraph (B)— (I) subparagraph (B) shall apply to 65 percent of the applicable transitional yield; and (II) the crop insurance premium subsidy provided for the producer under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall be 50 percentage points less than the premium subsidy that would otherwise apply. (ii) Yield substitution During the period native sod acreage is covered by this paragraph, a producer may not substitute yields for the native sod acreage. . (c) Cropland report (1) Baseline Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the cropland acreage in each county and State, and the change in cropland acreage from the preceding year in each county and State, beginning with calendar year 2000 and including that information for the most recent year for which that information is available. (2) Annual updates Not later than January 1, 2014, and each January 1 thereafter through January 1, 2018, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (A) the cropland acreage in each county and State as of the date of submission of the report; (B) the change in cropland acreage from the preceding year in each county and State; and (C) the number of acres of native sod that have been converted to cropland or to any other use in the preceding year in each county and State. 11036. Technical amendments Section 508(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b) ) is amended— (1) by striking paragraph (7); and (2) by redesignating paragraphs (8) through (11) as paragraphs (7) through (10), respectively. 11037. Greater accessibility for crop insurance (a) Findings Congress finds that— (1) due to changes in commodity and other agricultural programs made by the Agriculture Reform, Food, and Jobs Act of 2013 , it is more important than ever that agricultural producers be able to fully understand the terms of plans and policies of crop insurance offered under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); and (2) proposed reductions by the Secretary in the number of State and local offices of the Farm Service Agency will reduce the services available to assist agricultural producers in understanding crop insurance. (b) Requirement for use of plain language (1) In general In issuing regulations and guidance relating to plans and policies of crop insurance, the Risk Management Agency and the Federal Crop Insurance Corporation shall, to the greatest extent practicable, use plain language, as required under Executive Orders 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and 12988 (28 U.S.C. 519 note; relating to civil justice reform). (2) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the efforts of the Secretary to accelerate compliance with the Executive orders described in paragraph (1). (c) Website (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the approved insurance providers (as defined in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ), shall improve the existing Internet website through which agricultural producers in any State may identify crop insurance options in that State. (2) Requirements The website described in paragraph (1) shall— (A) provide answers in an easily accessible format to frequently asked questions; and (B) include published materials of the Department of Agriculture that relate to plans and policies of crop insurance offered under that Act. (d) Administration Nothing in this section authorizes the Risk Management Agency to sell a crop insurance policy or plan of insurance. 11038. GAO crop insurance fraud report Section 515(d) of the Federal Crop Insurance Act ( 7 U.S.C. 1515(d) ) is amended by adding at the end the following: (6) GAO crop insurance fraud report As soon as practicable after the date of enactment of this paragraph, the Comptroller General of the United States shall conduct, and submit to Congress a report describing the results of, a study regarding fraudulent claims filed, and benefits provided, under this subtitle. . XII Miscellaneous A Socially disadvantaged producers and limited resource producers 12001. Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers (a) Outreach and assistance for socially disadvantaged farmers and ranchers and veteran farmers and ranchers Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279 ) is amended— (1) in the section heading, by inserting and veteran farmers and ranchers after ranchers ; (2) in subsection (a)— (A) in paragraph (2)(B)(i), by inserting and veteran farmers or ranchers after ranchers ; and (B) in paragraph (4)— (i) in subparagraph (A)— (I) in the heading, by striking Fiscal years 2009 through 2012 and inserting Mandatory funding ; (II) in clause (i), by striking and at the end; (III) in clause (ii), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following: (iii) $10,000,000 for each of fiscal years 2014 through 2018. ; and (ii) by striking subparagraph (B) and inserting the following: (B) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 through 2018. ; (3) in subsection (b)(2), by inserting or veteran farmers and ranchers after socially disadvantaged farmers and ranchers ; and (4) in subsection (c)— (A) in paragraph (1)(A), by inserting veteran farmers or ranchers and before members ; and (B) in paragraph (2)(A), by inserting veteran farmers or ranchers and before members . (b) Definition of veteran farmer or rancher Section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(e) ) is amended by adding at the end the following: (7) Veteran farmer or rancher The term veteran farmer or rancher means a farmer or rancher who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable. . 12002. Socially disadvantaged farmers and ranchers policy research center Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended by adding at the end the following: (i) Socially disadvantaged farmers and ranchers policy research center The Secretary shall award a grant, through a competitive grant program, to an eligible 1890 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7601 )) to establish a policy research center, to be known as the Socially Disadvantaged Farmers and Ranchers Policy Research Center , for the purpose of developing policy recommendations for the protection and promotion of the interests of socially disadvantaged farmers and ranchers. . 12003. Office of Advocacy and Outreach Section 226B(f)(3) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6934(f)(3) ) is amended to read as follows: (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) such sums as are necessary for each of fiscal years 2009 through 2013; and (B) $2,000,000 for each of fiscal years 2014 through 2018. . B Livestock 12101. Wildlife reservoir zoonotic disease initiative Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621 et seq.) is amended by adding at the end the following: 413. Wildlife reservoir zoonotic disease initiative (a) Definition of covered disease In this section, the term covered disease means a zoonotic disease affecting domestic livestock that is transmitted primarily from wildlife. (b) Establishment There is established within the Department a wildlife reservoir zoonotic disease initiative to provide assistance through Coordinated Agricultural Project grants for research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for covered diseases. (c) Covered disease (1) In general To be eligible for a grant under this section, an eligible entity shall conduct research and development of surveillance methods, vaccines, vaccination delivery systems, or diagnostic tests for covered diseases in— (A) a wildlife reservoir in the United States; or (B) domestic livestock or wildlife presenting a potential concern to public health. (2) Priority In making grants under this section, the Secretary shall give priority to grants that address— (A) Brucella abortus (Bovine Brucellosis); (B) Mycobacterium bovis (Bovine Tuberculosis); or (C) other zoonotic disease in livestock that is covered by a high-priority research and extension initiative conducted under section 1672 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5925). (d) Eligible entities The Secretary shall carry out the initiative established under subsection (b) through public scientific research consortia that may consist of members from— (1) Federal agencies; (2) National Laboratories; (3) institutions of higher education; (4) research institutions and organizations; or (5) State agricultural experiment stations. (e) Research projects In carrying out this section, the Secretary shall award grants on a competitive basis. (f) Administration (1) In general In the case of grants awarded under this section, the Secretary shall— (A) seek and accept proposals for grants; (B) determine the relevance and merit of proposals through a system of peer and merit review in accordance with section 103; (C) award grants on the basis of merit, quality, and relevance; and (D) manage the initiative established under subsection (b) using a Coordinated Agricultural Project format. (2) Term The term of a grant under this section may not exceed 10 years. (3) Matching funds required The Secretary shall require the recipient of a grant under this section to provide funds or in-kind support from non-Federal sources in an amount that is not less than 25 percent of the amount provided by the Federal Government. (4) Other conditions The Secretary may set such other conditions on the award of a grant under this section as the Secretary determines to be appropriate. (g) Buildings and facilities Funds made available under this section shall not be used for— (1) the construction of a new building or facility; or (2) the acquisition, expansion, remodeling, or alteration of an existing building or facility (including site grading and improvement and architect fees). (h) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $7,000,000 for each of fiscal years 2014 through 2018. (2) Allocation Of the amount made available for a fiscal year under paragraph (1), the Secretary shall use not less than 30 percent of the amount for the fiscal year to carry out activities under each of subparagraphs (A) and (B) of subsection (c)(2). . 12102. Trichinae certification program (a) Alternative certification process (1) In general The Secretary shall amend the regulation issued under section 11010(a)(2) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8304(a)(2) ) to implement the voluntary trichinae certification program established under section 11010(a)(1) of that Act, to include a requirement to establish an alternative trichinae certification process based on surveillance or other methods consistent with international standards for categorizing compartments as having negligible risk for trichinae. (2) Final regulations Not later than 1 year after the date on which the international standards described in paragraph (1) are adopted, the Secretary shall finalize the rule amended under paragraph (1). (b) Reauthorization Section 10405(d)(1) of the Animal Health Protection Act ( 7 U.S.C. 8304(d)(1) ) is amended in subparagraphs (A) and (B) by striking 2012 each place it appears and inserting 2018 . 12103. National Aquatic Animal Health Plan Section 11013(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8322(d) ) is amended by striking 2012 and inserting 2018 . 12104. Sheep production and marketing grant program (a) In general Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. ) is amended by adding at the end the following: 209. Sheep production and marketing grant program (a) Establishment The Secretary, acting through the Administrator of the Agricultural Marketing Service (referred to in this section as the Secretary ) shall establish a competitive grant program for the purposes of improving the United States sheep industry. (b) Purpose The purpose of the grant program shall be to strengthen and enhance the production and marketing of sheep and sheep products, including improvement of— (1) infrastructure; (2) business; (3) resource development; and (4) innovative approaches to solve long-term needs. (c) Eligibility The Secretary shall make grants under this section to 1 or more national entities the mission of which is consistent with the purpose of the grant program. (d) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $1,500,000 for fiscal year 2014, to remain available until expended. . (b) Conforming amendment Section 374 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008j ) (as in existence on the day before the date of enactment of this Act) is— (1) amended in subsection (e)— (A) in paragraph (3)(D), by striking 3 percent and inserting 10 percent ; and (B) by striking paragraph (6); and (2) redesignated as section 210 of the Agricultural Marketing Act of 1946; and (3) moved so as to appear at the end of subtitle A of that Act (as amended by subsection (a)). 12105. Feral swine eradication pilot program (a) In general To eradicate or control the threat feral swine pose to the domestic swine population, the entire livestock industry, and the destruction of crops and natural plant communities and native habitats, the Secretary of Agriculture may establish a feral swine eradication pilot program. (b) Pilot Subject to the availability of appropriations under this section, the Secretary may provide financial assistance for the cost of carrying out a pilot program— (1) to study and assess the nature and extent of damage to the pilot area caused by feral swine; (2) to develop methods to eradicate or control feral swine in the pilot area; and (3) to develop methods to restore damage caused by feral swine. (c) Coordination The Secretary shall ensure that the Natural Resource Conservation Service and the Animal and Plant Health Inspection Service coordinate to carry out the pilot program. (d) Cost sharing (1) Federal share The Federal share of the costs of the pilot program under this section may not exceed 75 percent of the total costs of carrying out the pilot program. (2) In-kind contributions The non-Federal share of the costs of the pilot program may be provided in the form of in-kind contributions of materials or services. (e) Limitation on administrative expenses Not more than 10 percent of financial assistance provided by the Secretary under this section may be used for administrative expenses. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018. 12106. National animal health laboratory network Subtitle E of title X of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8301 et seq. ) is amended by inserting after section 10409 the following: 10409A. National animal health laboratory network (a) Definition of eligible laboratory In this section, the term eligible laboratory means a diagnostic laboratory that meets specific criteria developed by the Secretary, in consultation with State animal health officials, State veterinary diagnostic laboratories, and veterinary diagnostic laboratories at institutions of higher education. (b) Contracts The Secretary, in consultation with State veterinarians, shall offer to enter into contracts, grants, cooperative agreements, or other legal instruments with eligible laboratories— (1) to enhance the capability of the Secretary to respond in a timely manner to emerging or existing bioterrorist threats to animal health; and (2) to provide the capacity and capability for standardized— (A) test procedures, reference materials, and equipment; (B) laboratory biosafety and biosecurity levels; (C) quality management system requirements; (D) interconnected electronic reporting and transmission of data; and (E) evaluation for emergency preparedness; and (3) to coordinate the development, implementation, and enhancement of national veterinary diagnostic laboratory capabilities, with special emphasis on surveillance planning and vulnerability analysis, technology development and validation, training, and outreach. (c) Priority To the extent practicable and to the extent capacity and specialized expertise may be necessary, the Secretary shall give priority to eligible laboratories at existing Federal facilities, State facilities, and facilities at institutions of higher education. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. . 12107. National poultry improvement plan (NPIP) (a) Surveillance program The Secretary shall ensure that the Department of Agriculture continues to administer the avian influenza surveillance program in commercial poultry through the National Poultry Improvement Program. (b) Standards The Secretary shall ensure that the program described in subsection (a) meets any relevant standards established by the World Organization for Animal Health. C Other miscellaneous provisions 12201. Military Veterans Agricultural Liaison Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 218 ( 7 U.S.C. 6918 ) the following: 219. Military Veterans Agricultural Liaison (a) Authorization The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison. (b) Duties The Military Veterans Agricultural Liaison shall— (1) provide information to returning veterans about, and connect returning veterans with, beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career; (2) provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; (3) serving as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and (4) advocating on behalf of veterans in interactions with employees of the Department. (c) Contracts and cooperative agreements For purposes of carrying out the duties under subsection (b), the Military Veterans Agricultural Liaison may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, institutions of higher education, or nonprofit organizations for— (1) the conduct of regional research on the profitability of small farms; (2) the development of educational materials; (3) the conduct of workshops, courses, and certified vocational training; (4) the conduct of mentoring activities; or (5) the provision of internship opportunities. . 12202. Information gathering Section 1619(b)(3) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8791 ) is amended by adding at the end the following: (B) Cooperation with State and local governments (i) In general Subject to clause (ii), in the case of a State agency, political subdivision, or local governmental agency that is charged with implementing an agriculture or conservation program under State law, on request of the State agency, political subdivision, or local governmental agency, the information described in paragraph (2) shall be disclosed to the State agency, political subdivision, or local governmental agency if the Secretary determines that the State agency, political subdivision, or local governmental agency demonstrates that the disclosure is required for implementing the State program. (ii) Restriction Any information disclosed to a State agency, political subdivision, or local governmental agency under clause (i) shall be— (I) used solely by the State agency, political subdivision, or local governmental agency; and (II) exempt from disclosure to the public, including under any State law that allows a citizen to petition a State agency for that information. . 12203. Grants to improve supply, stability, safety, and training of agricultural labor force Section 14204(d) of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 2008q–1(d) ) is amended to read as follows: (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as are necessary for each of fiscal years 2008 through 2013; and (2) $10,000,000 for each of fiscal years 2014 through 2018. . 12204. Noninsured crop assistance program (a) In general Section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) is amended— (1) in subsection (a)— (A) by striking paragraph (1) and inserting the following: (1) In general (A) Coverages In the case of an eligible crop described in paragraph (2), the Secretary of Agriculture shall operate a noninsured crop disaster assistance program to provide coverages based on individual yields (other than for value-loss crops) equivalent to— (i) catastrophic risk protection available under section 508(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1508(b) ); or (ii) additional coverage available under subsections (c) and (h) of section 508 of that Act ( 7 U.S.C. 1508 ) that does not exceed 65 percent. (B) Administration The Secretary shall carry out this section through the Farm Service Agency (referred to in this section as the Agency ). ; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) in the matter before clause (i), by striking (except livestock) and inserting (except livestock and crops and grasses used for grazing) ; (II) in clause (i), by striking and after the semicolon at the end; (III) by redesignating clause (ii) as clause (iii); and (IV) by inserting after clause (i) the following: (ii) for which additional coverage under subsections (c) and (h) of section 508 of that Act ( 7 U.S.C. 1508 ) is not available; and ; and (ii) in subparagraph (B)— (I) by inserting (except ferns) after floricultural ; (II) by inserting (except ferns) after ornamental nursery ; and (III) by striking (including ornamental fish) and inserting (including ornamental fish, but excluding tropical fish) ; (2) in subsection (d), by striking The Secretary and inserting Subject to subsection (l), the Secretary ; (3) in subsection (k)(1)— (A) in subparagraph (A), by striking $250 and inserting $260 ; and (B) in subparagraph (B)— (i) by striking $750 and inserting $780 ; and (ii) by striking $1,875 and inserting $1,950 ; and (4) by adding at the end the following: (l) Payment equivalent to additional coverage (1) In general The Secretary shall make available to a producer eligible for noninsured assistance under this section a payment equivalent to an indemnity for additional coverage under subsections (c) and (h) of section 508 of the Federal Crop Insurance Act ( 7 U.S.C. 1508 ) that does not exceed 65 percent, computed by multiplying— (A) the quantity that is less than 50 to 65 percent of the established yield for the crop, as determined by the Secretary, specified in increments of 5 percent; (B) 100 percent of the average market price for the crop, as determined by the Secretary; and (C) a payment rate for the type of crop, as determined by the Secretary, that reflects— (i) in the case of a crop that is produced with a significant and variable harvesting expense, the decreasing cost incurred in the production cycle for the crop that is, as applicable— (I) harvested; (II) planted but not harvested; or (III) prevented from being planted because of drought, flood, or other natural disaster, as determined by the Secretary; or (ii) in the case of a crop that is produced without a significant and variable harvesting expense, such rate as shall be determined by the Secretary. (2) Premium To be eligible to receive a payment under this subsection, a producer shall pay— (A) the service fee required by subsection (k); and (B) a premium for the applicable crop year that is equal to— (i) the product obtained by multiplying— (I) the number of acres devoted to the eligible crop; (II) the yield, as determined by the Secretary under subsection (e); (III) the coverage level elected by the producer; (IV) the average market price, as determined by the Secretary; and (ii) 5.25-percent premium fee. (3) Limited resource, beginning, and socially disadvantaged farmers The additional coverage made available under this subsection shall be available to limited resource, beginning, and socially disadvantaged producers, as determined by the Secretary, in exchange for a premium that is 50 percent of the premium determined for a producer under paragraph (2). (4) Additional availability (A) In general As soon as practicable after October 1, 2013, the Secretary shall make assistance available to producers of an otherwise eligible crop described in subsection (a)(2) that suffered losses— (i) to a 2012 annual fruit crop grown on a bush or tree; and (ii) in a county covered by a declaration by the Secretary of a natural disaster for production losses due to a freeze or frost. (B) Assistance The Secretary shall make assistance available under subparagraph (A) in an amount equivalent to assistance available under paragraph (1), less any fees not previously paid under paragraph (2). . (b) Termination date (1) In general Effective October 1, 2018, subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) are repealed. (2) Administration Effective October 1, 2018, section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) shall be applied and administered as if subsection (a) and the amendments made by subsection (a) (other than the amendments made by clauses (i)(I) and (ii) of subsection (a)(1)(B)) had not been enacted. 12205. Bioenergy coverage in noninsured crop assistance program Section 196(a)(2)(B) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by inserting (including those grown expressly for the purpose of producing a feedstock for renewable biofuel, renewable electricity, or biobased products) after industrial crops . 12206. Regional economic and infrastructure development Section 15751 of title 40, United States Code, is amended— (1) in subsection (a), by striking 2012 and inserting 2018 ; and (2) in subsection (b)— (A) by striking Not more than and inserting the following: (1) In general Except as provided in paragraph (2), not more than ; and (B) by adding at the end the following: (2) Limited funding In a case in which less than $10,000,000 is made available to a Commission for a fiscal year under this section, paragraph (1) shall not apply. . 12207. Office of Tribal Relations Title III of the Department of Agriculture Reorganization Act of 1994 is amended by adding after section 308 (7 U.S.C. 3125a note; Public Law 103–354 ) the following: 309. Office of Tribal Relations The Secretary shall establish in the Office of the Secretary an Office of Tribal Relations. . 12208. Acer access and development program (a) Grants authorized; authorized activities The Secretary of Agriculture may make grants to States and tribal governments to support their efforts to promote the domestic maple syrup industry through the following activities: (1) Promotion of research and education related to maple syrup production. (2) Promotion of natural resource sustainability in the maple syrup industry. (3) Market promotion for maple syrup and maple-sap products. (4) Encouragement of owners and operators of privately held land containing species of tree in the genus Acer— (A) to initiate or expand maple-sugaring activities on the land; or (B) to voluntarily make the land available, including by lease or other means, for access by the public for maple-sugaring activities. (b) Applications In submitting an application for a grant under this section, a State or tribal government shall include— (1) a description of the activities to be supported using the grant funds; (2) a description of the benefits that the State or tribal government intends to achieve as a result of engaging in such activities; and (3) an estimate of the increase in maple-sugaring activities or maple syrup production that the State or tribal government anticipates will occur as a result of engaging in such activities. (c) Relationship to other laws Nothing in this section preempts a State or tribal government law, including any State or tribal government liability law. (d) Definition of maple sugaring In this section, the term maple-sugaring means the collection of sap from any species of tree in the genus Acer for the purpose of boiling to produce food. (e) Regulations The Secretary of Agriculture shall promulgate such regulations as are necessary to carry out this section. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2014 and 2015. 12209. Prohibition on attending an animal fight or causing a minor to attend an animal fight; enforcement of animal fighting provisions (a) Prohibition on attending an animal fight or causing a minor To attend an animal fight Section 26 of the Animal Welfare Act (7 U.S.C. 2156) is amended— (1) in subsection (a)— (A) in the heading, by striking Sponsoring or Exhibiting an Animal in and inserting Sponsoring or Exhibiting an Animal in, Attending, or Causing a Minor To Attend ; (B) in paragraph (1)— (i) in the heading, by striking In general and inserting Sponsoring or Exhibiting ; and (ii) by striking paragraph (2) and inserting paragraph (3) ; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following: (2) Attending or causing a minor to attend It shall be unlawful for any person to— (A) knowingly attend an animal fighting venture; or (B) knowingly cause a minor to attend an animal fighting venture. ; and (2) in subsection (g), by adding at the end the following: (5) the term minor means a person under the age of 18 years old. . (b) Enforcement of animal fighting prohibitions Section 49 of title 18, United States Code, is amended— (1) by striking Whoever and inserting (a) In general.— Whoever ; (2) in subsection (a), as designated by paragraph (1) of this section, by striking subsection (a), and inserting subsection (a)(1), ; and (3) by adding at the end the following: (b) Attending an animal fighting venture Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 ) shall be fined under this title, imprisoned for not more than 1 year, or both, for each violation. (c) Causing a minor To attend an animal fighting venture Whoever violates subsection (a)(2)(B) of section 26 ( 7 U.S.C. 2156 ) of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 3 years, or both, for each violation. . 12210. Pima cotton trust fund (a) Establishment of trust fund There is established in the Treasury of the United States a trust fund to be known as the Pima Cotton Trust Fund , consisting of such amounts as may be transferred to the Pima Cotton Trust Fund pursuant to the authorization of appropriations under subsection (e). (b) Distribution of funds From amounts in the Pima Cotton Trust Fund, the Secretary may make payments annually beginning in fiscal year 2014 as follows: (1) To nationally recognized associations established for the promotion of pima cotton for use in textile and apparel goods. (2) To yarn spinners of pima cotton that produce ring spun cotton yarns in the United States, to be allocated to each spinner in an amount that bears the same ratio as— (A) the spinner’s production of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number) from pima cotton in single and plied form during the period January 1, 1998, through December 31, 2003 (as evidenced by an affidavit provided by the spinner that meets the requirements of subsection (c)) bears to— (B) the production of the yarns described in subparagraph (A) during the period January 1, 1998, through December 31, 2003, for all spinners who qualify under this paragraph. (3) To manufacturers who cut and sew cotton shirts in the United States who certify that they used imported cotton fabric during the period January 1, 1998, through July 1, 2003, to be allocated to each such manufacturer in an amount that bears the same ratio as— (A) the dollar value (excluding duty, shipping, and related costs) of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002 (as evidenced by an affidavit provided by the manufacturer that meets the requirements of subsection (d)) used in the manufacturing of men’s and boys’ cotton shirts, bears to— (B) the dollar value (excluding duty, shipping, and related costs) of the fabric described in subparagraph (A) purchased during calendar year 2002 by all manufacturers who qualify under this paragraph. (c) Affidavit of yarn spinners The affidavit required by subsection (c)(2)(A) is a notarized affidavit provided annually by an officer of a producer of ring spun yarns that affirms— (1) that the producer used pima cotton during the year in which the affidavit is filed and during the period January 1, 2002, through December 31, 2002, to produce ring spun cotton yarns in the United States, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during 2002; (2) the quantity, measured in pounds, of ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002; and (3) that the producer maintains supporting documentation showing the quantity of such yarns produced, and evidencing the yarns as ring spun cotton yarns, measuring less than 83.33 decitex (exceeding 120 metric number), in single and plied form during calendar year 2002. (d) Affidavit of shirting manufacturers The affidavit required by subsection (c)(3)(A) is a notarized affidavit provided annually by an officer of a manufacturer of men’s and boys’ shirts that affirms— (1) that the manufacturer used imported cotton fabric during the year in which the affidavit is filed and during the period January 1, 1998, through July 1, 2003, to cut and sew men’s and boys’ woven cotton shirts in the United States; (2) the dollar value of imported woven cotton shirting fabric of 80s or higher count and 2-ply in warp purchased by the manufacturer during calendar year 2002; (3) that the manufacturer maintains invoices along with other supporting documentation (such as price lists and other technical descriptions of the fabric qualities) showing the dollar value of such fabric purchased, the date of purchase, and evidencing the fabric as woven cotton fabric of 80s or higher count and 2-ply in warp; and (4) that the fabric was suitable for use in the manufacturing of men’s and boys’ cotton shirts. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2014 through 2019. 12211. Agriculture wool apparel manufacturers trust fund (a) Establishment of trust fund There is established in the Treasury of the United States a trust fund to be known as the Agriculture Wool Apparel Manufacturers Trust Fund (in this section referred to as the Wool Trust Fund ), consisting of such amounts as may be transferred to the Wool Trust Fund pursuant to the authorization of appropriations under subsection (e). (b) Distribution of funds From amounts in the Wool Trust Fund, the Secretary of Agriculture may make payments annually beginning in fiscal year 2014 for calendar years 2010 through 2019 as follows: (1) To eligible manufactures under paragraph (3) of section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 ( Public Law 108–429 ; 118 Stat. 2600), as amended by section 1633(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 ( Public Law 109–280 ; 120 Stat. 1166) and section 325(b) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (division C of Public Law 110–343 ; 122 Stat. 3875), who filed an affidavit with U.S. Customs and Border Protection not later than April 15 of the year of the payment, so that the amount of such payments, when added to any other payments made to eligible manufacturers under that paragraph in calendar years 2010 through 2019, equal the total amount of payments authorized to be provided to eligible manufacturers under that paragraph, or the provisions of this section, in such calendar years. (2) To eligible manufacturers under paragraph (6) of such section 4002(c), so that the amount of such payments, when added to any other payments made to eligible manufacturers under that paragraph in calendar years 2010 through 2019, equal the total amount of payments authorized to be provided to eligible manufacturers under that paragraph, or the provisions of this section, in such calendar years. (c) Payment of amounts The Secretary of Agriculture shall make payments to eligible manufacturers described in paragraphs (1) and (2) of subsection (b)— (1) for calendar years 2010 through 2013, not later than 30 days after the transfer of amounts from the general fund of the Treasury to the Wool Trust Fund under this section; and (2) for calendar years 2014 through 2019, not later than April 15 of the year of the payment. (d) Relationship to other law The payments authorized under this section shall be made through the end of fiscal year 2019 notwithstanding any lapse of authority under any other provision of law to transfer funds to— (1) the Wool Apparel Manufacturers Trust Fund established by section 4002(c) of the Wool Suit and Textile Trade Extension Act of 2004 ( Public Law 108–429 ; 118 Stat. 2600), as amended by section 1633(c) of the Miscellaneous Trade and Technical Corrections Act of 2006 (Public Law 109–280; 120 Stat. 1166) and section 325(b) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008 (division C of Public Law 110–343 ; 122 Stat. 3875); or (2) the Wool Research, Development, and Promotion Trust Fund established by 506 of the Trade and Development Act of 2000 ( 7 U.S.C. 7101 note). (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2014 through 2019. 12212. Citrus disease research and development trust fund (a) Establishment of trust fund There is established in the Treasury of the United States a trust fund to be known as the Citrus Disease Research and Development Trust Fund (in this section referred to as the Citrus Trust Fund ), consisting of such amounts as may be transferred to the Citrus Trust Fund pursuant to the authorization of appropriations under subsection (f). (b) Distribution of funds From amounts in the Citrus Trust Fund, the Secretary may make payments annually beginning in fiscal year 2014 to the following: (1) Entities engaged in scientific research concerning diseases and pests, both domestic and invasive, afflicting the citrus industry. (2) Entities engaged in dissemination and commercialization of relevant information, techniques, or technologies, or in research projects intended to solve problems caused by citrus production diseases and invasive pests. (3) The Citrus Disease Research and Development Trust Fund Advisory Board, if established under subsection (c). (c) Citrus Advisory Board (1) In general From amounts in the Citrus Trust Fund, and with the advice and recommendations of citrus producers and other entities with an interest in the citrus industry, the Secretary may establish a Citrus Disease Research and Development Trust Fund Advisory Board (in this subsection referred to as the Citrus Advisory Board ). (2) Membership The Citrus Advisory Board, if established under paragraph (1), shall consist of 9 members, who shall be appointed by the Secretary as follows: (A) Five members who are domestic producers of citrus in Florida. (B) Three members who are domestic producers of citrus in Arizona or California. (C) One member who is a domestic producer of citrus in Texas. (3) Regulations The Secretary may prescribe such rules and regulations as are necessary to carry out this subsection, including rules establishing procedures for disqualification from service on the Citrus Advisory Board, appointment terms for members of the Citrus Advisory Board, compensation for those members, and powers and responsibilities of the Citrus Advisory Board. (4) Limitation on expenditures The Secretary shall ensure that not more than 5 percent of total expenditures from the Citrus Trust Fund in any year are used for the operations of the Citrus Advisory Board. (d) Secretarial discretion of fund allocation Subject to subsection (e), in distributing amounts under subsection (b), the Secretary shall give strong deference to providing funding for research projects exploring the proximity of citrus producers to the effects of diseases such as huanglongbing and the quickly evolving nature of scientific understanding of the effect of the diseases on citrus production. (e) Other funding The Secretary should take into account other public and private citrus-related research and development projects and funding. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr2498ih/xml/BILLS-113hr2498ih.xml

113-hr-2499

I 113th CONGRESS 1st Session H. R. 2499 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. McDermott (for himself, Ms. Ros-Lehtinen , Mr. Blumenauer , and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the exclusion from gross income for employer-provided health coverage for employees’ spouses and dependent children to coverage provided to other eligible designated beneficiaries of employees. 1. Short title This Act may be cited as the Tax Parity for Health Plan Beneficiaries Act of 2013 . 2. Application of accident and health plans to eligible beneficiaries (a) Exclusion of contributions Section 106 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Coverage provided for eligible beneficiaries of employees (1) In general Subsection (a) shall apply with respect to employer-provided coverage under an accident or health plan for any eligible beneficiary of the employee. (2) Eligible beneficiary For purposes of this subsection, the term eligible beneficiary means any individual who is eligible to receive benefits or coverage under an accident or health plan. . (b) Exclusion of amounts expended for medical care The first sentence of section 105(b) of the Internal Revenue Code of 1986 is amended— (1) by striking “and any child” and inserting “any child”, and (2) by inserting , and any eligible beneficiary (within the meaning of section 106(g)) with respect to the taxpayer after age 27 . (c) Payroll taxes (1) Section 3121(a)(2) of the Internal Revenue Code of 1986 is amended— (A) by striking or any of his dependents in the matter preceding subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee , (B) by striking or any of his dependents, in subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee, , and (C) by striking and their dependents both places it appears and inserting and such employees’ dependents and eligible beneficiaries (within the meaning of section 106(g)) . (2) Section 3231(e)(1) of such Code is amended— (A) by striking or any of his dependents and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee, , and (B) by striking and their dependents both places it appears and inserting and such employees’ dependents and eligible beneficiaries (within the meaning of section 106(g)) . (3) Section 3306(b)(2) of such Code is amended— (A) by striking or any of his dependents in the matter preceding subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee, , (B) by striking or any of his dependents in subparagraph (A) and inserting , any of his dependents, or any eligible beneficiary (within the meaning of section 106(g)) with respect to the employee , and (C) by striking “and their dependents” both places it appears and inserting and such employees’ dependents and eligible beneficiaries (within the meaning of section 106(g)) . (4) Section 3401(a) of such Code is amended by striking or at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or , and by inserting after paragraph (23) the following new paragraph: (24) for any payment made to or for the benefit of an employee or any eligible beneficiary (within the meaning of section 106(g)) if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106 or under section 105 by reference in section 105(b) to section 106(g). . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Expansion of dependency for purposes of deduction for health insurance costs of self-employed individuals (a) In general Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting a comma and by adding at the end the following new subparagraphs: (E) any individual who— (i) satisfies the age requirements of section 152(c)(3)(A), (ii) bears a relationship to the taxpayer described in section 152(d)(2)(H), and (iii) meets the requirements of section 152(d)(1)(C), and (F) one individual who— (i) is at least age 19, (ii) bears a relationship to the taxpayer described in section 152(d)(2)(H), and (iii) is not the spouse of the taxpayer and does not bear any relationship to the taxpayer described in subparagraphs (A) through (G) of section 152(d)(2). . (b) Conforming amendment Subparagraph (B) of section 162(l)(2) of such Code is amended by inserting , (E), or (F) after subparagraph (D) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 4. Extension to eligible beneficiaries of sick and accident benefits provided to members of a voluntary employees’ beneficiary association and their dependents (a) In general Section 501(c)(9) of the Internal Revenue Code of 1986 is amended by inserting : and any individual who is an eligible beneficiary (within the meaning of section 106(g)), as determined under the terms of a medical benefit, health insurance, or other program after age 27 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 5. Flexible spending arrangements and health reimbursement arrangements The Secretary of Treasury shall issue guidance of general applicability within 180 days after the date of the enactment of this Act providing that medical expenses that otherwise qualify— (1) for reimbursement from a flexible spending arrangement under regulations in effect on such date of enactment may be reimbursed from an employee’s flexible spending arrangement, notwithstanding the fact that such expenses are attributable to any individual who is not the employee’s spouse or dependent (within the meaning of section 105(b) of the Internal Revenue Code of 1986) but is an eligible beneficiary (within the meaning of section 106(g) of such Code) under the flexible spending arrangement with respect to the employee, and (2) for reimbursement from a health reimbursement arrangement under regulations in effect on such date of enactment may be reimbursed from an employee’s health reimbursement arrangement, notwithstanding the fact that such expenses are attributable to an individual who is not a spouse or dependent (within the meaning of section 105(b) of such Code) but is an eligible beneficiary (within the meaning of section 106(g) of such Code) under the health reimbursement arrangement with respect to the employee. 6. Extension of qualified medical expenses from health savings accounts (a) In general Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking and any dependent and inserting any dependent , and (2) by inserting , and any qualified beneficiary after thereof) . (b) Qualified beneficiary Paragraph (2) of section 223(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Qualified beneficiary For purposes of subparagraph (A), the term qualified beneficiary means any individual who is described in subparagraph (D) or (E) of section 162(l)(1). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 7. Extension of funding mechanism for medical benefits for retirees and their families (a) In general Section 401(h) of the Internal Revenue Code of 1986 is amended by inserting , and any eligible beneficiary (within the meaning of section 106(g)) of the retired employee after age 27 . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2499ih/xml/BILLS-113hr2499ih.xml

113-hr-2500

I 113th CONGRESS 1st Session H. R. 2500 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Nunes (for himself, Mr. Larson of Connecticut , Mr. Buchanan , Mr. Bucshon , Mr. Burgess , Mr. Cole , Mr. Griffin of Arkansas , Mr. Hall , Mr. Larsen of Washington , Mr. Marchant , Mr. Michaud , Mr. Nugent , Mr. Pascrell , Mr. Roe of Tennessee , Ms. Linda T. Sánchez of California , Mr. Schweikert , Mr. David Scott of Georgia , Mr. Sessions , Mr. Smith of Washington , Mr. Veasey , Mr. Whitfield , and Mr. Stivers ) 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 modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Ambulatory Surgical Center Quality and Access Act of 2013 . 2. Aligning updates for ambulatory surgical center services with updates for OPD services Section 1833(i)(2)(D) of the Social Security Act ( 42 U.S.C. 1395l(i)(2)(D) ) is amended— (1) by redesignating clause (vi) as clause (vii); (2) in the first sentence of clause (v), by inserting before the period the following: and, in the case of 2014 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year ; and (3) by inserting after clause (v) the following new clause: (vi) In implementing the system described in clause (i) for 2014 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v). . 3. Transparency of quality reports and application of value-based purchasing to ASCs (a) Quality measures Paragraph (7) of section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) ) is amended by adding at the end the following new subparagraphs: (C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data on such centers and departments available on the website Medicare.gov in a manner that will permit side-by-side comparisons on such measures for ambulatory surgical centers and hospital outpatient departments in the same geographic area. (D) For each procedure covered for payment in an ambulatory surgical center, the Secretary shall publish, along with the quality reporting comparisons provided for in subparagraph (C), comparisons of the Medicare payment and beneficiary copayment amounts for the procedure when performed in ambulatory surgical centers and hospital outpatient departments in the same geographic area. (E) The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C) prior to such data being made public. . (b) Ambulatory surgical center value-Based purchasing program Section 1833(i) of the Social Security Act ( 42 U.S.C. 1395l(i) ) is amended by adding at the end the following new paragraph: (8) Value-based purchasing program (A) Establishment The Secretary shall establish an ambulatory surgical center value-based purchasing program (in this subsection referred to as the Program ) under which, subject to subparagraph (I), each ambulatory surgical center that the Secretary determines meets (or exceeds) the performance standards under subparagraph (D) for the performance period (as established under subparagraph (E)) for a calendar year is eligible, from the amounts made available in the total shared savings pool under subparagraph (I)(iv), for shared savings under subparagraph (I), which shall be in the form, after application of the adjustments under clauses (iv), (v), and (vi) of paragraph (2)(D), of an increase in the amount of payment determined under the payment system under paragraph (2)(D) for surgical services furnished by such center during the subsequent year, by the value-based percentage amount under subparagraph (H) specified by the Secretary for such center and year. (B) Program start date The Program shall apply to payments for procedures occurring on or after January 1, 2015. (C) Measures (i) In general For purposes of the Program, the Secretary shall select measures from the measures specified under paragraph (7). (ii) Availability of measure and data The Secretary may not select a measure under this paragraph for use under the Program with respect to a performance period for a calendar year unless such measure has been included, and the reported data available, on the website Medicare.gov , for at least 1 year prior to the beginning of such performance period. (iii) Measure not applicable unless ASC furnishes services appropriate to measure A measure selected under this paragraph for use under the Program shall not apply to an ambulatory surgical center if such center does not furnish services appropriate to such measure. (D) Performance standards (i) Establishment The Secretary shall establish performance standards with respect to measures selected under subparagraph (C)(i) for a performance period for a calendar year. (ii) Achievement and improvement The performance standards established under clause (i) shall include levels of achievement and improvement. (iii) Timing The Secretary shall establish and announce the performance standards under clause (i) not later than 60 days prior to the beginning of the performance period for the calendar year involved. (E) Performance period For purposes of the Program, the Secretary shall establish the performance period for a calendar year. Such performance period shall begin and end prior to the beginning of such calendar year. (F) ASC performance score The Secretary shall develop a methodology for assessing the total performance of each ambulatory surgery center based on performance standards with respect to the measures selected under subparagraph (C) for a performance period (as established under subparagraph (E)). Using such methodology, the Secretary shall provide for an assessment (in this subsection referred to as the ASC performance score ) for each ambulatory surgical center for each performance period. The methodology shall provide that the ASC performance score is determined using the higher of its achievement or improvement score for each measure. (G) Appeals The Secretary shall establish a process by which ambulatory surgery centers may appeal the calculation of the ambulatory surgery center’s performance with respect to the performance standards established under subparagraph (D) and the ambulatory surgery center performance score under subparagraph (E). The Secretary shall ensure that such process provides for resolution of appeals in a timely manner. (H) Calculation of value-based incentive payment (i) Value-based percentage amount For purposes of subparagraph (A), the Secretary shall specify a value-based percentage amount for an ambulatory surgical center for a calendar year. (ii) Requirements In specifying the value-based percentage amount for each ambulatory surgical center for a calendar year under clause (i), the Secretary shall ensure that such percentage is based on— (I) the ASC performance score of the ambulatory surgery center under subparagraph (F); and (II) the amount of the total savings pool made available under subparagraph (I)(iii)(I) for such year. (I) Annual calculation of shared savings funding for value-based incentive payments (i) Determining bonus pool In each year of the Program, ambulatory surgery centers shall be eligible to receive payment for shared savings under the Program only if for such year the sum of— (I) the estimated amount of expenditures under this title for Medicare fee-for-service beneficiaries (as defined in section 1899(h)(3)) for surgical services for which payment is made under the payment system under paragraph (2), adjusted for beneficiary characteristics, and (II) the estimated amount of expenditures under this title for Medicare fee-for-service beneficiaries (as so defined) for the same surgical services for which payment is made under the prospective payment system under subsection (t), adjusted for beneficiary characteristics, is at least the percent specified by the Secretary below the applicable benchmark determined for such year under clause (ii). For purposes of this subparagraph, such sum shall be referred to as estimated expenditures . The Secretary shall determine the appropriate percent described in the preceding sentence to account for normal variation in volume of services under this title and to account for changes in the coverage of services in ambulatory surgery centers and hospital outpatient departments during the performance period involved. (ii) Establish and update benchmark For purposes of clause (i), the Secretary shall calculate a benchmark for each year described in such clause equal to the product of— (I) estimated expenditures described in clause (i) for such year, and (II) the average annual growth in estimated expenditures for the most recent three years. Such benchmark shall be reset at the start of each calendar year, and adjusted for changes in enrollment under the Medicare fee-for-service program. (iii) Payments based on shared savings If the requirement under clause (i) is met for a year— (I) 50 percent of the total savings pool estimated under clause (iv) for such year shall be made available for shared savings to be paid to ambulatory surgical centers under this paragraph; (II) a percent (as determined appropriate by the Secretary, in accordance with subparagraph (H)) of such amount made available for such year shall be paid as shared savings to each ambulatory surgery center that is determined under the Program to have met or exceeded performance scores for such year; and (III) all funds made available under subclause (I) for such year shall be used and paid as sharing savings for such year in accordance with subclause (II). (iv) Estimate of the total savings pool For purposes of clause (iii), the Secretary shall estimate for each year of the Program the total savings pool as the product of— (I) the conversion factor for such year determined by the Secretary under the payment system under paragraph (2)(D) divided by the conversion factor calculated under subsection (t)(3)(C) for such year for covered OPD services, multiplied by 100, and (II) (aa) the product of the estimated Medicare expenditures for surgical services described in clause (i)(I) furnished during such year to Medicare fee-for-service beneficiaries (as defined in section 1899(h)(3)) for which payment is made under subsection (t) and the average annual growth in the estimated Medicare expenditures for such services furnished to Medicare fee-for-service beneficiaries (as so defined) for which payment is made under subsection (t) in the most recent available 3 years, less (bb) the estimated Medicare expenditures for surgical services described in clause (i)(I) furnished to Medicare fee-for-service beneficiaries for which payment was made under subsection (t) in the most recent year. (J) No effect in subsequent calendar years The value-based percentage amount under subparagraph (H) and the percent determined under subparagraph (I)(iii)(I) shall apply only with respect to the calendar year involved, and the Secretary shall not take into account such amount or percentage in making payments to an ambulatory surgery center under this section in a subsequent calendar year. . 4. Advisory Panel on Hospital Outpatient Payment Representation (a) ASC representative The second sentence of section 1833(t)(9)(A) of the Social Security Act ( 42 U.S.C. 1395l(t)(9)(A) ) is amended by inserting and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative) after an appropriate selection of representatives of providers . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. 5. Reasons for excluding additional procedures from ASC approved list (a) In general Section 1833(i)(1) of the Social Security Act ( 42 U.S.C. 1395l(i)(1) ) is amended by adding at the end the following: In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 of title 42, Code of Federal Regulations, based on which the procedure was excluded. If paragraph (b) of such section is cited for exclusion of a procedure, the Secretary shall identify the peer reviewed research or the evidence upon which such determination is based. The Secretary may not use or cite section 416.166(c)(7) of such title as criteria or a basis for exclusion of a procedure from such lists. . (b) Effective date The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2500ih/xml/BILLS-113hr2500ih.xml

113-hr-2501

I 113th CONGRESS 1st Session H. R. 2501 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Rooney (for himself and Mr. McCaul ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize assistance to conduct military or paramilitary operations in Syria, and for other purposes. 1. Short title This Act may be cited as the Congressional Accountability and Oversight in Syria Act . 2. Findings Congress finds the following: (1) Section 502B of the Foreign Assistance Act of 1961 mandates that no security assistance may be provided to any country the government of which engages in a consistent pattern of gross violations of internationally recognized human rights. (2) Section 523 of the Foreign Assistance Act of 1961 states that none of the funds appropriated or otherwise made available pursuant to this Act shall be obligated to finance indirectly any assistance or reparations to Cuba, Iraq, Libya, Iran, Syria, North Korea, or Sudan, unless the President of the United States certifies that the withholding of these funds is contrary to the national interest of the United States. (3) Under the terms of Resolution 2043 of April 21, 2012, the United Nations Security Council established a United Nations Supervision Mission in Syria (UNSMIS), for an initial period of 90 days, under the command of a Chief Military Observer, comprising an initial deployment of up to 300 unarmed military observers as well as an appropriate civilian component to fulfill the following mandate: To monitor a cessation of armed violence in all its forms by all parties and to monitor and support the full implementation of the UNSMIS’ six-point plan. (4) On June 15, 2012, UNSMIS suspended its activities owing to an intensification of armed violence across the country. (5) On July 20, 2012, the Security Council extended UNSMIS for a final period of 30 days. According to Resolution 2059, the Council would only consider further extensions to the mission in the event that the Secretary-General reports and the Security Council confirms the cessation of the use of heavy weapons and a reduction in the level of violence sufficient by all sides to allow UNSMIS to implement its mandate. (6) As the conditions set by the Security Council had not been met, UNSMIS mandate ended at midnight on August 19, 2012. (7) The al-Nusrah Front is designated by the Department of State as a Foreign Terrorist Organization. 3. Sense of Congress It is the sense of Congress that— (1) the Government of Syria should immediately cease the use of heavy weapons in population centers; (2) all parties within Syria should bring about a cessation of armed violence in all its forms; (3) the Secretary of State should continue to list Syria as a state sponsor of terrorism; (4) in accordance with international law, the Government of Syria should immediately cease the use of chemical weapons; and (5) if the President considers initiating military action, including imposition of a no fly zone or other military operations on Syrian territory, airspace, or waters— (A) according to article I, section 8, of the United States Constitution, The Congress shall have Power To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. ; (B) according to the War Powers Resolution, The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. ; and (C) the President should adhere to the War Powers Resolution and obtain specific statutory authorization for the use of the United States Armed Forces in response to the war in Syria. 4. Authorization of assistance to conduct military or paramilitary operations in Syria (a) Authorization Notwithstanding any other provision of law, no assistance of any kind may be provided by any United States Government agency for the purpose, or which would have the effect, of promoting, augmenting, directly or indirectly, the capacity of any nation, group, organization, movement, or individual to conduct military or paramilitary operations in Syria, unless and until Congress expressly authorizes such assistance by law enacted after the date of enactment of this section. (b) Exception Subsection (a) does not apply to assistance that is solely provided for humanitarian purposes.

https://www.govinfo.gov/content/pkg/BILLS-113hr2501ih/xml/BILLS-113hr2501ih.xml

113-hr-2502

I 113th CONGRESS 1st Session H. R. 2502 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Thompson of California introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the energy credit for certain property under construction. 1. Short title This Act may be cited as the Renewable Energy Parity Act of 2013 . 2. Extension of energy credit for certain property under construction (a) Solar energy property Paragraphs (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 are each amended by striking periods ending and inserting property the construction of which begins . (b) Qualified fuel cell property Section 48(c)(1)(D) of such Code is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (c) Qualified microturbine property Section 48(c)(2)(D) of such Code is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (d) Combined heat and power system property Section 48(c)(3)(A)(iv) of such Code is amended by striking which is placed in service and inserting construction of which begins . (e) Qualified small wind energy property Section 48(c)(4)(C) of such Code is amended by striking for any period after December 31, 2016 and inserting the construction of which does not begin before January 1, 2017 . (f) Thermal energy property Section 48(a)(3)(A)(vii) of such Code is amended by striking periods ending and inserting property the construction of which begins . (g) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2502ih/xml/BILLS-113hr2502ih.xml

113-hr-2503

I 113th CONGRESS 1st Session H. R. 2503 IN THE HOUSE OF REPRESENTATIVES June 25, 2013 Mr. Yoho introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the obligation or expenditure of funds to provide military assistance to opposition forces in Syria. 1. Findings Congress finds the following: (1) The opposition forces in Syria include the Al-Nusra Front, the Muslim Brotherhood of Syria, and other jihadist organizations. (2) The Al-Nusra Front has pledged allegiance to al-Qaeda and has been designated a terrorist organization by the United States. (3) United States law prohibits the transfer of funds or material assistance to known terrorist organizations. (4) The Obama Administration has not outlined a clear and definitive plan for United States involvement in Syria. 2. Prohibition on military assistance to opposition forces in Syria No funds made available to the Department of Defense or any other United States Government department or agency may be obligated or expended to provide military assistance to opposition forces in Syria.

https://www.govinfo.gov/content/pkg/BILLS-113hr2503ih/xml/BILLS-113hr2503ih.xml

113-hr-2504

I 113th CONGRESS 1st Session H. R. 2504 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Walden (for himself, Ms. Schwartz , Mr. Coble , Mr. Coffman , Mr. Dent , Mr. Hanna , Mr. Harper , Mr. Jones , Mr. Joyce , Mr. McKinley , Mr. Meehan , Mr. Tiberi , Ms. Bonamici , Mrs. Capps , Mr. DeFazio , Mr. Ellison , Ms. Lee of California , Mr. Ben Ray Luján of New Mexico , Ms. Pingree of Maine , Mr. Schrader , Ms. Tsongas , Mr. Simpson , and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to ensure more timely access to home health services for Medicare beneficiaries under the Medicare program. 1. Short title This Act may be cited as the Home Health Care Planning Improvement Act of 2013 . 2. Improving care planning for Medicare home health services (a) Part A provisions Section 1814(a) of the Social Security Act ( 42 U.S.C. 1395f(a) ) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician after 1866(j) ; and (B) in subparagraph (C)— (i) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) after physician the first 2 times it appears; and (ii) by striking , and, in the case of a certification made by a physician and all that follows through face-to-face encounter and inserting , and, in the case of a certification made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2014, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter ; (2) in the second sentence, by inserting certified nurse-midwife, after clinical nurse specialist, ; (3) in the third sentence— (A) by striking physician certification and inserting certification ; (B) by inserting (or on January 1, 2014, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2013 ) after 1981 ; and (C) by striking a physician who and inserting a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who ; and (4) in the fourth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant after physician . (b) Part B provisions Section 1835(a) of the Social Security Act (42 U.S.C. 1395n(a)) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in 1861(aa)(5)) who is working in collaboration with a physician in accordance with State law, a certified nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a physician assistant (as defined in section 1861(aa)(5)) under the supervision of a physician after 1866(j) ; and (B) in subparagraph (A)— (i) in each of clauses (ii) and (iii) of subparagraph (A) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant (as the case may be) after physician ; and (ii) in clause (iv), by striking after January 1, 2010 and all that follows through face-to-face encounter and inserting made by a physician after January 1, 2010, or by a nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after January 1, 2014, prior to making such certification the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant must document that the physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant has had a face-to-face encounter ; (2) in the third sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant (as the case may be) after physician ; (3) in the fourth sentence— (A) by striking physician certification and inserting certification ; (B) by inserting (or on January 1, 2014, in the case of regulations to implement the amendments made by section 2 of the Home Health Care Planning Improvement Act of 2013 ) after 1981 ; and (C) by striking a physician who and inserting a physician, nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant who ; and (4) in the fifth sentence, by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, or physician assistant after physician . (c) Definition provisions (1) Home health services Section 1861(m) of the Social Security Act ( 42 U.S.C. 1395x(m) ) is amended— (A) in the matter preceding paragraph (1)— (i) by inserting , a nurse practitioner or a clinical nurse specialist (as those terms are defined in subsection (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in subsection (aa)(5)) after physician the first place it appears; and (ii) by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant after physician the second place it appears; and (B) in paragraph (3), by inserting , a nurse practitioner, a clinical nurse specialist, a certified nurse-midwife, or a physician assistant after physician . (2) Home health agency Section 1861(o)(2) of the Social Security Act ( 42 U.S.C. 1395x(o)(2) ) is amended— (A) by inserting , nurse practitioners or clinical nurse specialists (as those terms are defined in subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)), or physician assistants (as defined in subsection (aa)(5)) after physicians ; and (B) by inserting , nurse practitioner, clinical nurse specialist, certified nurse-midwife, physician assistant, after physician . (d) Home health prospective payment system provisions Section 1895 of the Social Security Act (42 U.S.C. 1395fff) is amended— (1) in subsection (c)(1), by inserting , the nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in section 1861(gg)), or the physician assistant (as defined in section 1861(aa)(5)), after physician ; and (2) in subsection (e)— (A) in paragraph (1)(A), by inserting , a nurse practitioner or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a physician assistant (as defined in section 1861(aa)(5)) after physician ; and (B) in paragraph (2)— (i) in the heading, by striking Physician certification and inserting Rule of construction regarding requirement for certification ; and (ii) by striking physician . (e) Effective Date The amendments made by this section shall apply to items and services furnished on or after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2504ih/xml/BILLS-113hr2504ih.xml

113-hr-2505

I 113th CONGRESS 1st Session H. R. 2505 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mrs. Negrete McLeod (for herself and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Transportation to issue certain regulations with respect to motorcoach safety, and for other purposes. 1. Short title This Act may be cited as the Motorcoach Safety, Accountability, and Technology Act of 2013 . 2. Brake performance inspections Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations to ensure that an individual conducts, before each trip of a motorcoach carried out by a provider of motorcoach services, a brake performance inspection for that motorcoach to ensure that the brake performance satisfies all requirements under Federal law. 3. Brake monitoring systems Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that— (1) establish minimum performance standards for any electronic system onboard a motorcoach that is used to monitor the performance of an air brake system of that motorcoach; and (2) require that each motorcoach with an air brake system, if manufactured after the date that is 2 years after the effective date of the standards established under paragraph (1), be equipped with such an electronic system. 4. Automatic emergency braking and collision warning systems Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with— (1) an automatic emergency braking system; and (2) a collision warning system. 5. Lane departure warning systems Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations, and with a gross vehicle weight rating of more than 10,000 pounds, be equipped with a lane departure warning system. 6. Speed limiting devices Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations requiring that each motorcoach manufactured after the effective date of such regulations be equipped with a device that limits the speed at which the motorcoach may travel to not more than 70 miles per hour. 7. Additional regulation requirements In issuing regulations under sections 3, 4, 5, and 6 of this Act, the Secretary of Transportation shall— (1) require that the technologies mandated for motorcoaches under those sections be tamper resistant; and (2) establish a process for certifying compliance with the regulations. 8. Retrofitting (a) Study The Secretary of Transportation shall conduct a study on the feasibility of requiring that motorcoaches, if not manufactured with the technologies referenced in sections 3, 4, 5, and 6 of this Act, be retrofitted with such technologies. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the findings of the study conducted under subsection (a). 9. Regrooved, recapped, and retreaded tires Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall issue regulations that establish standards for the use of regrooved, recapped, or retreaded tires on a motorcoach. 10. Motor carrier safety assistance program Section 31102(b)(2) of title 49, United States Code, is amended by striking subparagraph (X) and inserting the following: (X) except in the case of an imminent or obvious safety hazard, ensures that an inspection of a vehicle transporting passengers for a motor carrier of passengers is conducted at a station, terminal, border crossing, maintenance facility, destination, weigh station, rest stop, turnpike service area, or a location where adequate food, shelter, and sanitation facilities are available for passengers and reasonable accommodation is available for passengers with disabilities; and . 11. Definitions In this Act, the following definitions apply: (1) Motorcoach The term motorcoach has the meaning given that term in section 32702(6) of MAP–21, except that the reference in such section to section 3038(a)(3) of the Transportation Equity Act for the 21st Century ( 49 U.S.C. 5310 note) shall be treated as referring to such section 3038(a)(3) as in effect on the day before the date of enactment of MAP–21. (2) Provider of motorcoach services The term provider of motorcoach services has the meaning given that term in section 32702(10) of MAP–21, except that the term motorcoach , as used in such section, shall be treated as having the meaning given such term under paragraph (1) of this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2505ih/xml/BILLS-113hr2505ih.xml

113-hr-2506

I 113th CONGRESS 1st Session H. R. 2506 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Dent (for himself, Mr. Murphy of Florida , Mr. Coffman , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Pay-As-You-Go-Act of 2010 to create an expedited procedure to enact recommendations of the Government Accountability Office for consolidation and elimination to reduce duplication. 1. Short title This Act may be cited as the The Duplication Elimination Act of 2013 . 2. Expedited Consideration of GAO Recommendations Title II of the joint resolution entitled A joint resolution increasing the statutory limit on the public debt ( Public Law 111–139 ; 21 U.S.C. 712 note) is amended by adding at the end the following: 22. Expedited Consideration of GAO Recommendations (a) Definitions In this section— (1) the term GAO report means the annual report on duplication, consolidation, and elimination of duplicative government programs required under section 21; and (2) the term joint resolution means only a joint resolution that— (A) makes legislative changes needed to carry out the recommendations contained in the GAO report for a year that the President did not exclude; and (B) requires that any savings attributable to the legislative changes described in subparagraph (A) be transferred to the General Fund of the Treasury and be used to reduce the deficit. (b) Submission of proposed bill (1) In general Not later than 90 days after the date of the publication of the GAO report for a year, the President shall transmit to Congress a special message accompanied by a proposed joint resolution. (2) Contents of Special Message A special message shall specify— (A) recommendations outlined in the GAO report that are excluded from the proposed joint resolution; (B) in detail why the recommendations outlined in the GAO report were excluded from the proposed joint resolution; and (C) recommendations outlined in the GAO report that are included in the proposed joint resolution. (3) Transmittal The President shall submit the special message to the Secretary of the Senate if the Senate is not in session and to the Clerk of the House of Representatives if the House is not in session. (4) Public Availability The President shall make a copy of the special message and the proposed joint resolution publicly available, and shall publish in the Federal Register a notice of the message and information on how it can be obtained. (c) Procedures for Expedited Consideration (1) Introduction A proposed joint resolution transmitted by the President under subsection (b) shall be introduced in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate and shall be introduced in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House. (2) No referral A joint resolution shall not be referred to a committee in either House of Congress and shall immediately be placed on the calendar. (3) Motion to proceed A motion to proceed to a joint resolution is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to a motion to postpone, and all points of order against the motion are waived. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of a joint resolution is agreed to, the joint resolution shall remain the unfinished business of the respective House until disposed of. (4) Expedited Consideration in the House of Representatives In the House of Representatives, a joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate shall be divided equally between the majority and minority leaders or their designees. A motion to reconsider the vote on passage of the joint resolution shall not be in order. A vote on final passage of the joint resolution shall be taken in the House of Representatives on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the House of Representatives. (5) Expedited Procedure in the Senate (A) Consideration In the Senate, consideration of a joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to commit the joint resolution is not in order. (B) Passage If the Senate has proceeded to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. A vote on the final passage of the joint resolution shall be taken in the Senate on or before the close of the tenth calendar day after the date of the introduction of the joint resolution in the Senate. (C) Rulings of the Chair on Procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (6) Points of Order In the Senate or the House of Representatives, a Member of the Senate or House of Representatives, respectively, may raise a point of order that a joint resolution does not meet the definition of a joint resolution under subsection (b). (7) Amendment A joint resolution shall not be subject to amendment in either the House of Representatives or the Senate. (8) Consideration by the other House (A) In General If, before passing a joint resolution, one House receives from the other a joint resolution— (i) the joint resolution from the other House shall not be referred to a committee; and (ii) with respect to a joint resolution of the House receiving the joint resolution— (I) the procedure in that House shall be the same as if no joint resolution had been received from the other House until the vote on passage; but (II) the vote on final passage shall be on the joint resolution of the other House. (B) Revenue Measure Exception This paragraph shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (9) Rules of House of Representatives and Senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power in the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2506ih/xml/BILLS-113hr2506ih.xml

113-hr-2507

I 113th CONGRESS 1st Session H. R. 2507 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Massie (for himself, Mr. Amash , Mr. Jones , Mr. Yoho , Mr. Roe of Tennessee , Mr. Brooks of Alabama , Mr. Pitts , Mr. Meadows , Mr. DesJarlais , and Mr. Gohmert ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Armed Services and Select 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 restrict funds related to escalating United States military involvement in Syria. 1. Short title This Act may be cited as the War Powers Protection Act of 2013 . 2. Prohibition on funds to escalate United States military involvement in Syria (a) In general No funds made available to the Central Intelligence Agency, the Department of Defense, or any other agency or entity of the United States involved in intelligence activities may be obligated or expended for the purpose of, or in a manner which would have the effect of, supporting, directly or indirectly, military or paramilitary operations in Syria by any nation, group, organization, movement, or individual. (b) Duration of prohibition The prohibition under subsection (a) shall cease to apply only with a formal declaration of war pursuant to article I, section 8 of the Constitution. (c) Quarterly reports Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State shall submit to Congress a report on assistance provided to groups, organizations, movements, and individuals in Syria.

https://www.govinfo.gov/content/pkg/BILLS-113hr2507ih/xml/BILLS-113hr2507ih.xml

113-hr-2508

I 113th CONGRESS 1st Session H. R. 2508 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Calvert (for himself, Mr. Hunter , Mr. Issa , Mr. Denham , Mr. LaMalfa , Mr. Cook , Mr. Valadao , Mr. Cole , Mr. Grijalva , Mr. Cárdenas , Mr. Ruiz , Mr. Kildee , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Pechanga Band of Luiseño Mission Indians Water Rights Settlement, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Pechanga Band of Luiseño Mission Indians Water Rights Settlement Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Approval of the Pechanga Settlement Agreement. Sec. 5. Tribal Water Right. Sec. 6. Satisfaction of claims. Sec. 7. Waiver of claims. Sec. 8. Water facilities. Sec. 9. Pechanga Settlement Fund. Sec. 10. Miscellaneous provisions. Sec. 11. Authorization of appropriations. Sec. 12. Repeal on failure of enforceability date. Sec. 13. Antideficiency. 2. Purposes The purposes of this Act are— (1) to achieve a fair, equitable, and final settlement of claims to water rights and certain claims for injuries to water rights in the Santa Margarita River Watershed for— (A) the Band; and (B) the United States, acting in its capacity as trustee for the Band and allottees; (2) to achieve a fair, equitable, and final settlement of certain claims by the Band and allottees against the United States; (3) to authorize, ratify, and confirm the Pechanga Settlement Agreement to be entered into by the Band, RCWD, EMWD, and the United States; (4) to authorize and direct the Secretary— (A) to execute the Pechanga Settlement Agreement; and (B) to take any other action necessary to carry out the Pechanga Settlement Agreement in accordance with this Act; and (5) to authorize the appropriation of amounts necessary for the implementation of the Pechanga Settlement Agreement and this Act. 3. Definitions In this Act: (1) Adjudication court The term Adjudication Court means the United States District Court for the Southern District of California, which exercises continuing jurisdiction over the Adjudication Proceeding. (2) Adjudication proceeding The term Adjudication Proceeding means litigation initiated by the United States regarding relative water rights in the Santa Margarita River Watershed in United States v. Fallbrook Public Utility District et al., Civ. No. 3:51–cv–01247 (S.D.C.A.), including any litigation initiated to interpret or enforce the relative water rights in the Santa Margarita River Watershed pursuant to the continuing jurisdiction of the Adjudication Court over the Fallbrook Decree. (3) AFY The term AFY means acre-feet per year. (4) Allottee The term allottee means a member of a federally recognized Indian tribe who holds a beneficial real property interest in an Indian allotment that is— (A) located within the Reservation; and (B) held in trust by the United States. (5) Band (A) In general The term Band means the Pechanga Band of Luiseño Mission Indians, a federally recognized sovereign Indian tribe that functions as a custom and tradition Indian tribe, acting on behalf of itself and its members. (B) Exclusion The term Band does not include an individual member of the Band acting in the capacity of an allottee. (6) Claims The term claims means rights, claims, demands, actions, compensation, or causes of action, whether known or unknown, as of June 30, 2009. (7) EMWD The term EMWD means Eastern Municipal Water District, a municipal water district organized and existing in accordance with the Municipal Water District Law of 1911, Division 20 of the Water Code of the State of California, as amended. (8) EMWD connection fee The term EMWD Connection Fee has the meaning set forth in section 2.3(b) of the Extension of Service Area Agreement. (9) Enforceability date The term enforceability date means the date on which the Secretary publishes in the Federal Register the statement of findings described in section 7(e). (10) ESAA capacity agreement The term ESAA Capacity Agreement means the Agreement to Provide Capacity for Delivery of ESAA Water among the Band, RCWD, and the United States. (11) ESAA water The term ESAA Water means imported potable water that the Band receives from EMWD and MWD pursuant to the Extension of Service Area Agreement. (12) Extension of service area agreement The term Extension of Service Area Agreement means the Agreement for Extension of Existing Service Area , among the Band, EMWD, the United States, and MWD, for the provision of water service by EMWD to a designated portion of the Reservation using water supplied by MWD. (13) Fallbrook decree (A) In general The term Fallbrook Decree means the Modified Final Judgment And Decree , entered in the Adjudication Proceeding on April 6, 1966. (B) Inclusions The term Fallbrook Decree includes all court orders, interlocutory judgments, and decisions supplemental to the Modified Final Judgment And Decree , including Interlocutory Judgment No. 30, Interlocutory Judgment No. 35, and Interlocutory Judgment No. 41. (14) Fund The term Fund means the Pechanga Settlement Fund established by section 9. (15) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (16) Injury to water rights The term injury to water rights means an interference with, diminution of, or deprivation of water rights under Federal or State law. (17) Interim capacity The term Interim Capacity has the meaning set forth in section 1 of the ESAA Capacity Agreement. (18) Interim capacity notice The term Interim Capacity Notice has the meaning set forth in section 4(b) of the ESAA Capacity Agreement. (19) MWD The term MWD means the Metropolitan Water District of Southern California, a metropolitan water district organized and incorporated under the Metropolitan Water District Act of the State of California (Stats. 1969, Chapter 209, as amended). (20) MWD connection fee The term MWD Connection Fee has the meaning set forth in section 2.3(a) of the Extension of Service Area Agreement. (21) Pechanga esaa delivery capacity account The term Pechanga ESAA Delivery Capacity account means the account established by section 9(c)(2). (22) Pechanga recycled water infrastructure account The term Pechanga Recycled Water Infrastructure account means the account established by section 9(c)(1). (23) Pechanga settlement agreement The term Pechanga Settlement Agreement means the Pechanga Settlement Agreement, together with the exhibits to that agreement, entered into by the Band, the United States on behalf of the Band, its members and allottees, RCWD, and EMWD. (24) Pechanga water code The term Pechanga Water Code means a water code to be adopted by the Band in accordance with section 5(f). (25) Pechanga water fund account The term Pechanga Water Fund account means the account established by section 9(c)(3). (26) Pechanga Water quality account The term Pechanga Water Quality account means the account established by section 9(c)(4). (27) Permanent capacity The term Permanent Capacity has the meaning set forth in section 1 of the ESAA Capacity Agreement. (28) Permanent capacity notice The term Permanent Capacity Notice has the meaning set forth in section 5(b) of the ESAA Capacity Agreement. (29) RCWD (A) In general The term RCWD means the Rancho California Water District organized pursuant to section 34000 et seq. of the California Water Code. (B) Inclusions The term RCWD includes all real property owners for whom RCWD acts as an agent pursuant to an agency agreement. (30) Recycled water infrastructure agreement The term Recycled Water Infrastructure Agreement means the Agreement for Recycled Water Infrastructure among the Band, RCWD, and the United States. (31) Recycled water transfer agreement The term Recycled Water Transfer Agreement means the Recycled Water Transfer Agreement between the Band and RCWD. (32) Reservation (A) In general The term Reservation means the land depicted on the map attached to the Pechanga Settlement Agreement as exhibit I. (B) Applicability of term The term Reservation shall be used solely for the purposes of the Pechanga Settlement Agreement. (33) Santa margarita river watershed The term Santa Margarita River Watershed means the watershed that is the subject of the Adjudication Proceeding and the Fallbrook Decree. (34) Secretary The term Secretary means the Secretary of the Interior. (35) State The term State means the State of California. (36) Storage pond The term Storage Pond has the meaning set forth in section 1 of the Recycled Water Infrastructure Agreement. (37) Tribal water right The term Tribal Water Right means the water rights ratified, confirmed, and declared to be valid for the benefit of the Band and allottees of the Band, as set forth and described in section 5. 4. Approval of the Pechanga Settlement Agreement (a) Ratification of Pechanga Settlement Agreement (1) In general Except as modified by this Act, and to the extent that the Pechanga Settlement Agreement does not conflict with this Act, the Pechanga Settlement Agreement is authorized, ratified, and confirmed. (2) Amendments to Compact Any amendment to the Pechanga Settlement Agreement is authorized, ratified, and confirmed, to the extent that the amendment is executed to make the Pechanga Settlement Agreement consistent with this Act. (b) Execution of pechanga settlement agreement (1) In general To the extent that the Pechanga Settlement Agreement does not conflict with this Act, the Secretary is directed to and shall promptly execute— (A) the Pechanga Settlement Agreement (including any exhibits to or part of the Pechanga Settlement Agreement requiring the signature of the Secretary); and (B) any amendment to the Pechanga Settlement Agreement necessary to make the Pechanga Settlement Agreement consistent with this Act. (2) Modifications Nothing in this Act precludes the Secretary from approving modifications to exhibits to the Pechanga Settlement Agreement not inconsistent with this Act, to the extent those modifications do not otherwise require congressional approval pursuant to section 2116 of the Revised Statutes ( 25 U.S.C. 177 ) or other applicable Federal law. (c) Environmental compliance (1) In general In implementing the Pechanga Settlement Agreement, the Secretary shall promptly comply with all applicable requirements of— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (C) all other applicable Federal environmental laws; and (D) all regulations promulgated under the laws described in subparagraphs (A) through (C). (2) Execution of the pechanga settlement agreement (A) In general Execution of the Pechanga Settlement Agreement by the Secretary under this section shall not constitute a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (B) Compliance The Secretary is directed to carry out all Federal compliance necessary to implement the Pechanga Settlement Agreement. (3) Lead agency The Bureau of Reclamation shall be designated as the lead agency with respect to environmental compliance. 5. Tribal Water Right (a) Intent of congress It is the intent of Congress to provide to each allottee benefits that are equal to or exceed the benefits allottees possess as of the date of enactment of this Act, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Pechanga Settlement Agreement and this Act; (2) the availability of funding under this Act; (3) the availability of water from the Tribal Water Right and other water sources as set forth in the Pechanga Settlement Agreement; and (4) the applicability of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), and this Act to protect the interests of allottees. (b) Confirmation of tribal water right (1) In general The Tribal Water Right is ratified, confirmed, and declared to be valid. (2) Characteristics of tribal water right (A) In general The Tribal Water Right shall be equal to 4,994 AFY of water that is subject to the jurisdiction of the Adjudication Court. (B) Priority dates The priority date for— (i) 3,019 AFY of the Tribal Water Right shall be June 27, 1882; (ii) 182 AFY of the Tribal Water Right shall be August 29, 1893; (iii) 729 AFY of the Tribal Water Right shall be January 9, 1907; (iv) 563 AFY of the Tribal Water Right shall be March 11, 1907; and (v) 501 AFY of the Tribal Water Right shall be May 25, 1931. (3) Use Subject to the terms of the Pechanga Settlement Agreement, this Act, the Fallbrook Decree, and applicable Federal law, the Band may use the Tribal Water Right for any purpose on or off the Reservation. (c) Holding in trust The Tribal Water Right— (1) shall be held in trust by the United States on behalf of the Band and the allottees in accordance with this section; and (2) shall not be subject to forfeiture or abandonment. (d) Allottees (1) Applicability of act of February 8, 1887 The provisions of section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), relating to the use of water for irrigation purposes shall apply to the Tribal Water Right. (2) Entitlement to water Any entitlement to water of an allottee with allotted land located within the exterior boundaries of the Reservation under Federal law shall be satisfied from the Tribal Water Right. (3) Allocations Allotted land of an allottee that is located within the exterior boundaries of the Reservation shall be entitled to a just and equitable allocation of water for irrigation purposes from the water resources described in the Pechanga Settlement Agreement. (4) Exhaustion of remedies Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), or any other applicable law, an allottee shall exhaust remedies available under the Pechanga Water Code or other applicable tribal law. (5) Claims Following exhaustion of remedies available under the Pechanga Water Code or other applicable tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ), or other applicable law. (6) Authority The Secretary shall have the authority to protect the rights of allottees as specified in this section. (e) Authority of band (1) In general Except as provided in paragraph (2), the Band shall have authority to use, allocate, distribute, and lease the Tribal Water Right in accordance with— (A) the Pechanga Settlement Agreement; and (B) applicable Federal law. (2) Leases by allottees An allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to that interest in land. (f) Pechanga water code (1) In general Not later than 18 months after the enforceability date, the Band shall enact a Pechanga Water Code, that provides for— (A) the management, regulation, and governance of all uses of the Tribal Water Right in accordance with the Pechanga Settlement Agreement; and (B) establishment by the Band of conditions, permit requirements, and other limitations relating to the storage, recovery, and use of the Tribal Water Right in accordance with the Pechanga Settlement Agreement. (2) Inclusions The Pechanga Water Code shall provide— (A) that allocations of water to allottees shall be satisfied with water from the Tribal Water Right; (B) that charges for delivery of water for irrigation purposes for allottees shall be assessed in accordance with section 7 of the Act of February 8, 1887 ( 25 U.S.C. 381 ); (C) a process by which an allottee or water user on allotted land may request that the Band provide water for irrigation use in accordance with this Act; (D) a due process system for the consideration and determination by the Band of any request by an allottee, water user on allotted land, or any successor in interest to an allottee, for an allocation of such water for irrigation purposes on allotted land, including a process for— (i) appeal and adjudication of any denied or disputed distribution of water; and (ii) resolution of any contested administrative decision; and (E) a requirement that any allottee or water user on allotted land with a claim relating to the enforcement of rights of the allottee or water user under the Pechanga Water Code or relating to the amount of water allocated to land of the allottee shall first exhaust remedies available to the allottee under tribal law and the Pechanga Water Code before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4). (3) Action by secretary (A) In general The Secretary shall administer the Tribal Water Right until the Pechanga Water Code is enacted and approved in accordance with this section. (B) Approval Any provision of the Pechanga Water Code and any amendment to the Pechanga Water Code that affects the rights of allottees shall— (i) be subject to the approval of the Secretary; and (ii) not be valid until the date on which the amendment is approved by the Secretary. (C) Approval period The Secretary shall approve or disapprove the Pechanga Water Code within a reasonable period of time after the date on which the Band submits the Pechanga Water Code to the Secretary for approval. (g) Effect Except as otherwise specifically provided in this section, nothing in this Act— (1) authorizes any action by an allottee or water user on allotted land against any individual or entity, or against the Band, under Federal, State, tribal, or local law; or (2) alters or affects the status of any action pursuant to section 1491(a) of title 28, United States Code. 6. Satisfaction of claims (a) In general The benefits provided to the Band and the allottees under the Pechanga Settlement Agreement and this Act shall satisfy all claims of the Band and the allottees waived pursuant to section 7. (b) No recognition of water rights Except as provided in section 5(d), nothing in this Act recognizes or establishes any right of a member of the Band or an allottee to water within the Reservation. (c) Claims relating to development of water for reservation (1) In general The amounts authorized to be appropriated under section 11 shall be used to satisfy any claim of the allottees against the United States with respect to the development or protection of water resources for the Reservation. (2) Satisfaction of claims On the complete appropriation of amounts authorized to be appropriated under section 11, any claim of the allottees against the United States with respect to the development or protection of water resources for the Reservation shall be deemed to have been satisfied. 7. Waiver of claims (a) In general (1) Waiver of claims by the band and the United States (A) In general Subject to the retention of rights set forth in subsection (c), notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band, and the United States on behalf of the Band and allottees, are authorized to execute waivers for any and all claims for water rights in the Santa Margarita River Watershed— (i) for land located within the Reservation overlying the Santa Margarita River Watershed arising from time immemorial and, thereafter, forever; and (ii) that are based on aboriginal occupancy for land overlying the Santa Margarita River Watershed arising from time immemorial and, thereafter, forever. (B) Claims against RCWD and EMWD Subject to the retention of rights set forth in subsection (c), notwithstanding any provisions to the contrary in the Pechanga Settlement Agreement, the Band and the United States on behalf of the Band and allottees fully release, acquit, and discharge RCWD and EMWD from— (i) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation overlying the Santa Margarita River Watershed arising or occurring at any time up to and including June 30, 2009; (ii) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation overlying the Santa Margarita River Watershed arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation of the Pechanga Settlement Agreement or this Act; (iii) claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; (iv) claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner consistent with the Pechanga Settlement Agreement or this Act; and (v) claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (2) Claims by the United states against the band Subject to the retention of rights set forth in subsection (c), to the extent consistent with this Act, the United States, in all its capacities (except as trustee for an Indian tribe other than the Band), as part of the performance of obligations under the Pechanga Settlement Agreement, is authorized to execute a waiver and release of any and all claims against the Band, including any agency, official, or employee of the Band, under Federal, State, or any other law for— (A) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation overlying the Santa Margarita River Watershed arising or occurring at any time up to and including June 30, 2009; (B) claims for injuries to water rights in the Santa Margarita River Watershed for land located within the Reservation overlying the Santa Margarita River Watershed arising or occurring at any time after June 30, 2009, resulting from the diversion or use of water in a manner not in violation the Pechanga Settlement Agreement or this Act; (C) claims for subsidence damage to land located within the Reservation arising or occurring at any time up to and including June 30, 2009; (D) claims for subsidence damage arising or occurring after June 30, 2009, to land located within the Reservation resulting from the diversion of underground water in a manner not in violation of the Pechanga Settlement Agreement or this Act; and (E) claims arising out of, or relating in any manner to, the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (3) Claims by the band against the United States Subject to the retention of rights set forth in subsection (c), the Band, on behalf of itself and its members, is authorized to execute a waiver and release of— (A) all claims against the United States, including the agencies and employees of the United States, relating to claims for water rights in, or water of, the Santa Margarita River Watershed that the United States, acting in its capacity as trustee for the Band, asserted, or could have asserted, in any proceeding, including the Adjudication Proceeding; (B) all claims against the United States, including the agencies and employees of the United States, relating to damages, losses, or injuries to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion, or taking of water or water rights, or claims relating to failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) in the Santa Margarita River Watershed that first accrued at any time up to and including June 30, 2009; (C) all claims against the United States, including the agencies and employees of the United States, relating to the pending litigation of claims relating to the water rights of the Band in the Adjudication Proceeding; and (D) all claims against the United States, including the agencies and employees of the United States, relating to the negotiation or execution of the Pechanga Settlement Agreement or the negotiation or execution of this Act. (b) Effectiveness of waivers and releases The waivers under subsection (a) shall take effect on the enforceability date. (c) Reservation of rights and retention of claims Notwithstanding the waivers and releases authorized in this Act, the Band and the United States, acting in its capacity as trustee for the Band and allottees, retain— (1) claims for enforcement of the Pechanga Settlement Agreement and this Act; (2) claims against persons other than RCWD and EMWD; (3) claims for water rights that are outside the jurisdiction of the Adjudication Court; (4) claims for water rights for land within the Santa Margarita River Watershed that is outside the Reservation, subject to the condition that such claims are for water rights consistent with the water rights recognized for such land in the Fallbrook Decree; (5) rights to use and protect water rights acquired on or after the enforceability date; and (6) remedies, privileges, immunities, powers and claims, including claims for water rights, not specifically waived and released pursuant to this Act and the Pechanga Settlement Agreement. (d) Effect of pechanga settlement agreement and act Nothing in the Pechanga Settlement Agreement or this Act— (1) affects the ability of the United States or the Band, acting as sovereign, to take actions authorized by law, including any laws relating to health, safety, or the environment, including— (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (C) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (2) affects the ability of the United States to take actions acting as trustee for any other Indian tribe or an allottee of any other Indian tribe; (3) confers jurisdiction on any State court— (A) to interpret Federal law regarding health, safety, or the environment; (B) to determine the duties of the United States or other parties pursuant to Federal law regarding health, safety, or the environment; or (C) to conduct judicial review of Federal agency action; or (4) waives any claim of a member of the Band in an individual capacity that does not derive from a right of the Band. (e) Enforceability date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the Pechanga Settlement Agreement has been approved by the Adjudication Court; (2) all amounts authorized by this Act have been deposited in the Fund; (3) the waivers and releases authorized in subsection (a) have been executed by the Band and the Secretary; and (4) the Extension of Service Area Agreement— (A) has been approved and executed by all the parties to the Extension of Service Area Agreement; and (B) is effective and enforceable in accordance with the terms of that Agreement. (f) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the earlier of— (A) April 30, 2030; (B) such alternate date as is agreed to by the Band and the Secretary; and (C) the enforceability date. (2) Effects of subsection Nothing in this subsection revives any claim or tolls any period of limitation or time-based equitable defense that expired before the date of enactment of this Act. (3) Limitation Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (g) Restriction If the full amount of appropriations authorized by this Act has not been made available to the Secretary by April 30, 2030— (1) the waivers authorized by this section shall expire and no longer have any force or effect; and (2) the statute of limitations for a claim waived under this section shall be tolled until April 30, 2030. (h) Voiding of waivers If the waivers authorized by this section are void under subsection (g)— (1) the approval of the United States of the Pechanga Settlement Agreement under section 4 shall no longer be effective; (2) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water right or contract to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized in this Act shall be returned to the Federal Government, unless otherwise agreed to by the Band and the United States and approved by Congress; and (3) except for Federal funds used to acquire or develop property that is returned to the Federal Government under paragraph (2), the United States shall be entitled to set off any Federal funds appropriated or made available to carry out the activities authorized by this Act that were expended or withdrawn, together with any interest accrued, against any claims against the United States relating to water rights asserted by the Band or in any future settlement of the water rights of the Band. 8. Water facilities (a) In general The Secretary shall, subject to the availability of appropriations, using amounts from the designated accounts of the Fund, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement and the ESAA Capacity Agreement, in an amount not to exceed the amounts deposited in the designated accounts for those purposes, in accordance with this Act and the terms and conditions of those agreements. (b) Nonreimbursability of costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (c) Recycled water infrastructure (1) In general The Secretary shall, using amounts from the Pechanga Recycled Water Infrastructure account, provide amounts for the Storage Pond in accordance with this section. (2) Storage pond (A) In general The Secretary shall, subject to the availability of appropriations, provide the amounts necessary to fulfill the obligations of the Band under the Recycled Water Infrastructure Agreement for the design and construction of the Storage Pond, in an amount not to exceed $2,500,000, adjusted for changes since June 30, 2009, in construction costs as indicated by engineering cost indices applicable to types of construction required to design and construct the Storage Pond. (B) Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the Recycled Water Infrastructure Agreement. (C) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (D) Liability The United States shall have no responsibility or liability for the Storage Pond to be designed and constructed by RCWD. (E) Reversion If RCWD does not submit the Storage Pond notice to the Band by the date that is 3 years after the enforceability date, the amounts remaining in the Pechanga Recycled Water Infrastructure account for purposes of the design and construction of the Storage Pond, including any interest that has accrued on those amounts, shall revert to the general fund of the Treasury. (d) ESAA delivery capacity (1) In general The Secretary shall, using amounts from the Pechanga ESAA Delivery Capacity account, provide amounts for Interim Capacity and Permanent Capacity in accordance with this section. (2) Interim capacity (A) In general The Secretary shall, subject to the availability of appropriations, using amounts from the ESAA Delivery Capacity account, provide amounts necessary to fulfill the obligations of the Band under the ESAA Capacity Agreement for the provision by RCWD of Interim Capacity to the Band in an amount not to exceed $1,000,000. (B) Procedure The procedure for the Secretary to provide amounts pursuant to this section shall be as set forth in the ESAA Capacity Agreement. (C) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (D) Liability The United States shall have no responsibility or liability for the Interim Capacity to be provided by RCWD. (E) Transfer to Band If RCWD does not provide the Interim Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 60 days after the date required under the ESAA Capacity Agreement, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Interim Capacity and Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative interim capacity in a manner that is similar to the Interim Capacity and Permanent Capacity that the Band would have received had RCWD provided such Interim Capacity and Permanent Capacity. (3) Permanent capacity (A) In general On receipt of the Permanent Capacity Notice pursuant to section 5(b) of the ESAA Capacity Agreement, the Secretary, acting through the Bureau of Reclamation, shall enter into negotiations with RCWD and the Band to establish an agreement that will allow for the disbursement of amounts from the Pechanga ESAA Delivery Capacity account in accordance with subparagraph (B). (B) Schedule of disbursement (i) In general Subject to clause (ii), on execution of the ESAA Capacity Agreement, the Secretary shall, subject to the availability of appropriations and using amounts from the ESAA Delivery Capacity account, provide amounts necessary to fulfill the obligations of the Band under the ESAA Capacity Agreement for the provision by RCWD of Permanent Capacity to the Band in an amount not to exceed $22,000,000. (ii) Adjustment The amount under clause (i) shall be adjusted for changes in construction costs since June 30, 2009, as indicated by engineering cost indices applicable to types of construction required to design and construct the Permanent Capacity. (C) Procedure The procedure for the Secretary to provide funds pursuant to this section shall be as set forth in the ESAA Capacity Agreement. (D) Lead agency The Bureau of Reclamation shall be the lead agency for purposes of the implementation of this section. (E) Liability The United States shall have no responsibility or liability for the Permanent Capacity to be provided by RCWD. (F) Transfer to Band If RCWD does not provide the Permanent Capacity Notice required pursuant to the ESAA Capacity Agreement by the date that is 5 years after the enforceability date, the amounts in the Pechanga ESAA Delivery Capacity account for purposes of the provision of Permanent Capacity, including any interest that has accrued on those amounts, shall be available for use by the Band to provide alternative permanent capacity in a manner that is similar to the Permanent Capacity that the Band would have received had RCWD provided such Permanent Capacity. 9. Pechanga Settlement Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Pechanga Settlement Fund , to be administered by the Secretary for the purpose of carrying out this Act. (b) Transfers to Fund The Fund shall consist of such amounts as are deposited in the Fund under section 11(a). (c) Accounts of pechanga settlement fund The Secretary shall establish in the Fund the following accounts: (1) Pechanga Recycled Water Infrastructure account, consisting of amounts authorized to be appropriated under section 11(a)(1). (2) Pechanga ESAA Delivery Capacity account, consisting of amounts authorized to be appropriated under section 11(a)(2). (3) Pechanga Water Fund account, consisting of amounts authorized to be appropriated under section 11(a)(3). (4) Pechanga Water Quality account, consisting of amounts authorized to be appropriated under section 11(a)(4). (d) Deposits to fund (1) In general The Secretary of the Treasury shall promptly deposit in the Fund any amounts appropriated to the Fund. (2) Deposits to accounts The Secretary of the Treasury shall deposit amounts in the accounts of the Fund established under subsection (c). (e) Management (1) In general The Secretary shall manage the Fund, make investments from the Fund, and make amounts available from the Fund for distribution to the Band consistent with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (2) Investment of pechanga settlement fund Beginning on the date of enactment of this Act, the Secretary shall invest amounts in the Fund in accordance with— (A) the Act of April 1, 1880 (25 U.S.C. 161); (B) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a ); and (C) the obligations of Federal corporations and Federal Government-sponsored entities, the charter documents of which provide that the obligations of the entities are lawful investments for federally managed funds, including— (i) the obligations of the United States Postal Service described in section 2005 of title 39, United States Code; (ii) bonds and other obligations of the Tennessee Valley Authority described in section 15d of the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831n–4 ); (iii) mortgages, obligations, and other securities of the Federal Home Loan Mortgage Corporation described in section 303 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1452 ); and (iv) bonds, notes, and debentures of the Commodity Credit Corporation described in section 4 of the Act of March 8, 1938 ( 15 U.S.C. 713a–4 ). (3) Distributions from pechanga settlement fund (A) In general Amounts from the Fund shall be used in accordance with subparagraphs (B) through (E). (B) Pechanga recycled water infrastructure account The Pechanga Recycled Water Infrastructure account shall be used for expenditures by the Band in accordance with section 8(c). (C) Pechanga esaa delivery capacity account The Pechanga ESAA Delivery Capacity account shall be used for expenditures by the Band in accordance with section 8(d). (D) Pechanga water fund account The Pechanga Water Fund account shall be used for— (i) payment of the EMWD Connection Fee; (ii) payment of the MWD Connection Fee; and (iii) any expenses, charges, or fees incurred by the Band in connection with the delivery or use of water pursuant to the Pechanga Settlement Agreement. (E) Pechanga water quality account The Pechanga Water Quality account shall be used by the Band to fund groundwater desalination activities within the Wolf Valley Basin. (4) Withdrawals by band (A) In general The Band may withdraw any portion of amounts in the Fund on approval by the Secretary of a tribal management plan in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ). (B) Requirements (i) In general In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the tribal management plan of the Band under subparagraph (A) shall require that the Band spend any amounts withdrawn from the Fund in accordance with this Act. (ii) Enforcement The Secretary may carry out such judicial or administrative actions as the Secretary determines to be necessary to enforce a tribal management plan to ensure that amounts withdrawn by the Band from the Fund under this paragraph are used in accordance with this Act. (C) Liability The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of amounts withdrawn from the Fund by the Band under this paragraph. (D) Expenditure plan (i) In general For each fiscal year, the Band shall submit to the Secretary for approval an expenditure plan for any portion of the amounts described in subparagraph (A) that the Band elects not to withdraw under this paragraph during the fiscal year. (ii) Inclusion An expenditure plan under clause (i) shall include a description of the manner in which, and the purposes for which, funds of the Band remaining in the Fund will be used during subsequent fiscal years. (iii) Approval On receipt of an expenditure plan under clause (i), the Secretary shall approve the plan if the Secretary determines that the plan is— (I) reasonable; and (II) consistent with this Act. (5) Annual reports The Band shall submit to the Secretary annual reports describing each expenditure by the Band of amounts in the Fund during the preceding calendar year. (6) Certain per capita distributions prohibited No amounts in the Fund shall be distributed to any member of the Band on a per capita basis. (f) Availability Amounts in the Fund shall be available for use by the Secretary and withdrawal by the Band beginning on the enforceability date. 10. Miscellaneous provisions (a) Waiver of sovereign immunity by the united states Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 ), nothing in this Act waives the sovereign immunity of the United States. (b) Other tribes not adversely affected Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Band. (c) Limitation on claims for reimbursement With respect to Indian land within the Reservation— (1) the United States shall not submit against any Indian-owned land located within the Reservation any claim for reimbursement of the cost to the United States of carrying out this Act and the Pechanga Settlement Agreement; and (2) no assessment of any Indian-owned land located within the Reservation shall be made regarding that cost. (d) Effect on current law Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action. 11. Authorization of appropriations (a) Authorization of appropriations (1) Pechanga recycled water infrastructure account There is authorized to be appropriated $2,500,000, for deposit in the Pechanga Recycled Water Infrastructure account, adjusted for changes in construction costs since June 30, 2009, in engineering cost indices applicable to types of construction required to design and construct the Storage Pond, to carry out the activities described in section 8(c). (2) Pechanga esaa delivery capacity account There is authorized to be appropriated $23,000,000, for deposit in the Pechanga ESAA Delivery Capacity account, adjusted for changes in construction costs since June 30, 2009, in engineering cost indices applicable to types of construction required to provide the Interim Capacity and the Permanent Capacity, to carry out the activities described in paragraphs (2) and (3) of section 8(d). (3) Pechanga water fund account There is authorized to be appropriated $12,232,000 for deposit in the Pechanga Water Fund account, adjusted to reflect changes in appropriate cost indices during the period beginning on the date of enactment and ending on the date of appropriation, for the purposes set forth in section 9(e)(3)(D). (4) Pechanga water quality account There is authorized to be appropriated $2,460,000 for deposit in the Pechanga Water Quality account, adjusted to reflect changes in appropriate cost indices during the period beginning on the date of enactment and ending on the date of appropriation, for the purposes set forth in section 9(e)(3)(E). 12. Repeal on failure of enforceability date If the Secretary does not publish a statement of findings under section 7(e) by April 30, 2030, or such alternative later date as is agreed to by the Band and the Secretary, as applicable— (1) this Act is repealed effective on the later of May 1, 2030, or the day after the alternative date agreed to by the Band and the Secretary; (2) any action taken by the Secretary and any contract or agreement pursuant to the authority provided under any provision of this Act shall be void; (3) any amounts appropriated under section 11, together with any interest on those amounts, shall immediately revert to the general fund of the Treasury; and (4) any amounts made available under section 11 that remain unexpended shall immediately revert to the general fund of the Treasury. 13. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized to be carried out by this Act (including any obligation or activity under the Pechanga Settlement Agreement) if adequate appropriations are not provided expressly by Congress to carry out the purposes of this Act or there are not enough monies available to carry out the purposes of this Act in— (1) the Reclamation Water Settlements Fund established under section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) ); or (2) the Emergency Fund for Indian Safety and Health established by section 601(a) of the Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (25 U.S.C. 443c(a)).

https://www.govinfo.gov/content/pkg/BILLS-113hr2508ih/xml/BILLS-113hr2508ih.xml

113-hr-2509

I 113th CONGRESS 1st Session H. R. 2509 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Lewis (for himself, Mr. Scott of Virginia , Mr. Schock , and Mr. Sensenbrenner ) 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 exclude from gross income amounts received on account of claims based on certain unlawful discrimination and to allow income averaging for backpay and frontpay awards received on account of such claims, and for other purposes. 1. Short title This Act may be cited as the Civil Justice Tax Fairness Act of 2013 . 2. Exclusion from gross income for amounts received on account of certain unlawful discrimination (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 140 the following new section: 139F. Amounts received on account of certain unlawful discrimination (a) Exclusion Gross income does not include amounts received by a claimant on account of a judgment or settlement (whether by suit or agreement and whether as lump sums or periodic payments) resulting from a claim of unlawful discrimination (as defined by section 62(e)). (b) Amounts covered For purposes of subsection (a), the term amounts does not include— (1) backpay or frontpay, as defined in section 1302(b), or (2) punitive damages. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting before the item relating to section 140 the following new item: Sec. 139F. Amounts received on account of certain unlawful discrimination. . (c) Effective date The amendment made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. 3. Limitation on tax based on income averaging for backpay and frontpay received on account of certain unlawful employment discrimination (a) In general Part I of subchapter Q of chapter 1 of the Internal Revenue Code of 1986 (relating to income averaging) is amended by adding at the end the following new section: 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination (a) General rule If employment discrimination backpay or frontpay is received by a taxpayer during a taxable year, the tax imposed by this chapter for such taxable year shall not exceed the sum of— (1) the tax which would be so imposed if— (A) no amount of such backpay or frontpay were included in gross income for such year, and (B) no deduction were allowed for such year for expenses (otherwise allowable as a deduction to the taxpayer for such year) in connection with making or prosecuting any claim of unlawful employment discrimination by or on behalf of the taxpayer, plus (2) the product of— (A) the number of years in the backpay period and frontpay period, and (B) the amount by which the tax determined under paragraph (1) would increase if the amount on which such tax is determined were increased by the average annual net backpay and frontpay amount. (b) Definitions For purposes of this section— (1) Employment discrimination backpay or frontpay The term employment discrimination backpay or frontpay means backpay or frontpay receivable (whether as lump sums or periodic payments) on account of a claim of unlawful employment discrimination. (2) Unlawful employment discrimination The term unlawful employment discrimination has the meaning provided the term unlawful discrimination in section 62(e). (3) Backpay and frontpay The terms backpay and frontpay mean amounts includible in gross income in the taxable year— (A) as compensation which is attributable— (i) in the case of backpay, to services performed, or that would have been performed but for a claimed violation of law, as an employee, former employee, or prospective employee before such taxable year for the taxpayer’s employer, former employer, or prospective employer, and (ii) in the case of frontpay, to employment that would have been performed but for a claimed violation of law, in a taxable year or taxable years following the taxable year, and (B) which are received on account of a judgment or settlement resulting from a claim for a violation of law. (4) Backpay period The term backpay period means the period during which services are performed (or would have been performed) to which backpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. (5) Frontpay period The term frontpay period means the period of foregone employment to which frontpay is attributable. If such period is not equal to a whole number of taxable years, such period shall be increased to the next highest number of whole taxable years. (6) Average annual net backpay and frontpay amount The term average annual net backpay and frontpay amount means the amount equal to— (A) the excess of— (i) employment discrimination backpay and frontpay, over (ii) the amount of deductions that would have been allowable but for subsection (a)(1)(B), divided by (B) the number of years in the backpay period and frontpay period. . (b) Clerical amendment The table of sections for part I of subchapter Q of chapter 1 of such Code is amended by inserting after section 1301 the following new item: Sec. 1302. Income from backpay and frontpay received on account of certain unlawful employment discrimination. . (c) Effective date The amendments made by this section shall apply to amounts received in taxable years beginning after December 31, 2012. 4. Income averaging for backpay and frontpay received on account of certain unlawful employment discrimination not to increase alternative minimum tax liability (a) In general Section 55(c) of the Internal Revenue Code of 1986 (defining regular tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following: (3) Coordination with income averaging for amounts received on account of employment discrimination Solely for purposes of this section, section 1302 (relating to averaging of income from backpay or frontpay received on account of certain unlawful employment discrimination) shall not apply in computing the regular tax. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr2509ih/xml/BILLS-113hr2509ih.xml

113-hr-2510

I 113th CONGRESS 1st Session H. R. 2510 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Bishop of New York (for himself, Mr. Jones , Ms. DeGette , and Mr. Cooper ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to establish within the Department of Defense centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits. 1. Short title This Act may be cited as the Helping Veterans Exposed to Toxic Chemicals Act . 2. Centers of excellence in prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other exposure to open burn pits and other environmental exposures (a) Establishment The Secretary of Defense shall establish within the Department of Defense three centers of excellence in the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures to carry out the responsibilities specified in subsection (c). Such centers shall be established using— (1) the directives, policies, and Comptroller General and Inspector General recommendations in effect as of the date of the enactment of this Act; and (2) guidance issued pursuant to section 313 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1692; 10 U.S.C. 1074 note). (b) Selection of sites In selecting sites for the centers of excellence under subsection (a), the Secretary of Defense shall select entities that— (1) are equipped with the specialized equipment needed to study, diagnose, and treat health conditions relating to exposure to open burn pits and other environmental exposures; (2) have a publication track record of post-deployment health exposures among veterans from Iraq and Afghanistan; (3) have collaborated with a geosciences department that has a medical geology division; (4) have developed animal models and in vitro models of dust immunology and lung injury from Iraq and Afghanistan; and (5) have expertise in allergy and immunology, pulmonary diseases, and industrial and management engineering. (c) Partnerships The Secretary shall ensure that the centers collaborate to the maximum extent practicable with the Secretary of Veterans Affairs, institutions of higher education, and other appropriate public and private entities (including international entities) to carry out the responsibilities specified in subsection (d). (d) Responsibilities The center shall have responsibilities as follows: (1) To implement the comprehensive plan and strategy for the Department of Defense for the prevention, diagnosis, mitigation, treatment, and rehabilitation of health conditions relating to exposure to open burn pits and other environmental exposures. (2) To provide for the development, testing, and dissemination within the Department of best practices for the treatment of health conditions relating to exposure to open burn pits and other environmental exposures. (3) To provide guidance for the health system of the Department in determining the personnel required to provide quality health care for members of the Armed Forces with health conditions relating to exposure to open burn pits and other environmental exposures. (4) To establish, implement, and oversee a comprehensive program to train health professionals of the Department in the treatment of health conditions relating to exposure to open burn pits and other environmental exposures. (5) To facilitate advancements in the study of the short-term and long-term effects of exposure to open burn pits and other environmental exposures. (6) To disseminate within the military medical treatment facilities of the Department best practices for training health professionals with respect to health conditions relating to exposure to open burn pits and other environmental exposures. (7) To conduct basic science and translational research on health conditions relating to exposure to open burn pits and other environmental exposures for the purposes of understanding the etiology of such conditions and developing preventive interventions and new treatments. (8) To provide medical treatment to all veterans identified as part of the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (e) Use of burn pits registry data In carrying out its responsibilities under subsection (c), the center shall have access to and make use of the data accumulated by the burn pits registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 ( Public Law 112–260 ; 38 U.S.C. 527 note). (f) Definitions In this section: (1) The term open burn pit means an area of land located in Afghanistan or Iraq that— (A) is designated by the Secretary of Defense to be used for disposing solid waste by burning in the outdoor air; and (B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste. (2) The term other environmental exposures means exposure to environmental hazards, including burn pits, dust or sand, hazardous materials, and waste at any site in Afghanistan or Iraq that emits smoke containing pollutants present in the environment or smoke from fires or explosions. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr2510ih/xml/BILLS-113hr2510ih.xml

113-hr-2511

I 113th CONGRESS 1st Session H. R. 2511 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mrs. Black (for herself, Mrs. Bachmann , Mr. Bishop of Utah , Mrs. Blackburn , Mr. Bridenstine , Mr. Broun of Georgia , Mr. Cassidy , Mr. Chaffetz , Mr. Cotton , Mr. Cramer , Mr. DesJarlais , Mr. Duncan of South Carolina , Mr. Duncan of Tennessee , Mr. Fincher , Mr. Graves of Georgia , Mr. Gohmert , Mr. Jordan , Mr. Mullin , Mr. Pompeo , Mr. Radel , Mr. Roe of Tennessee , Mr. Salmon , Mr. Scalise , Mr. Smith of Missouri , Mr. Southerland , Mr. Stewart , Mr. Stockman , Mr. Tipton , and Mr. Williams ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To achieve domestic energy independence by empowering States to control the development and production of all forms of energy on all available Federal land. 1. Short title This Act may be cited as the Federal Land Freedom Act of 2013 . 2. State control of energy development and production on all available federal land (a) Definitions In this section: (1) Available federal land The term available Federal land means any Federal land that, as of May 31, 2013— (A) is located within the boundaries of a State; (B) is not held by the United States in trust for the benefit of a federally recognized Indian tribe; (C) is not a unit of the National Park System; (D) is not a unit of the National Wildlife Refuge System; and (E) is not a Congressionally designated wilderness area. (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) a State; and (B) the District of Columbia. (b) State programs (1) In general A State— (A) may establish a program covering the leasing and permitting processes, regulatory requirements, and any other provisions by which the State would exercise its rights to develop all forms of energy resources on available Federal land in the State; and (B) as a condition of certification under subsection (c)(2) shall submit a declaration to the Departments of the Interior, Agriculture, and Energy that a program under subparagraph (A) has been established or amended. (2) Amendment of programs A State may amend a program developed and certified under this section at any time. (3) Certification of amended programs Any program amended under paragraph (2) shall be certified under subsection (c)(2). (c) Leasing, permitting, and regulatory programs (1) Satisfaction of Federal requirements Each program certified under this section shall be considered to satisfy all applicable requirements of Federal law (including regulations), including— (A) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (C) the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ). (2) Federal certification and transfer of development rights Upon submission of a declaration by a State under subsection (b)(1)(B)— (A) the program under subsection (b)(1)(A) shall be certified; and (B) the State shall receive all rights from the Federal Government to develop all forms of energy resources covered by the program. (3) Issuance of permits and leases If a State elects to issue a permit or lease for the development of any form of energy resource on any available Federal land within the borders of the State in accordance with a program certified under paragraph (2), the permit or lease shall be considered to meet all applicable requirements of Federal law (including regulations). (d) Judicial review Activities carried out in accordance with this Act shall not be subject to judicial review. (e) Administrative Procedure Act Activities carried out in accordance with this Act shall not be subject to subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘‘Administrative Procedure Act’’).

https://www.govinfo.gov/content/pkg/BILLS-113hr2511ih/xml/BILLS-113hr2511ih.xml

113-hr-2512

I 113th CONGRESS 1st Session H. R. 2512 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Ms. DeLauro introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to establish clear regulatory standards for mortgage servicers, and for other purposes. 1. Short title This Act may be cited as the Regulation of Mortgage Servicing Act of 2013 . 2. Standards for mortgage servicers (a) In general Chapter 2 of the Truth in Lending Act ( 15 U.S.C. 1631 et seq. ) is amended by inserting after section 129H the following new section: 129I. Standards for servicers of residential mortgages (a) Definitions In this section, the following definitions shall apply: (1) Alternative to foreclosure The term alternative to foreclosure — (A) means a course of action with respect to a mortgage offered by a servicer to a borrower as an alternative to a covered foreclosure action; and (B) includes a short sale and a deed in lieu of foreclosure. (2) Borrower The term borrower means a mortgagor under a mortgage who is in default or at risk of imminent default, as determined by the Director, by rule. (3) Covered foreclosure action The term covered foreclosure action means a judicial or nonjudicial foreclosure. (4) Independent reviewer The term independent reviewer — (A) means an entity that has the expertise and capacity to determine whether a borrower is eligible to participate in a loan modification program; and (B) includes— (i) an entity that is not a servicer; or (ii) a division within a servicer that is independent of, and not under the same immediate supervision as, any division that makes determinations with respect to applications for loan modifications or alternatives to foreclosure. (5) Loan modification program The term loan modification program — (A) means a program or procedure designed to change the terms of a mortgage in the case of the default, delinquency, or imminent default or delinquency of a mortgagor; and (B) includes— (i) a loan modification program established by the Federal Government, including the Home Affordable Modification Program of the Department of the Treasury; and (ii) a loan modification program established by a servicer. (6) Mortgage The term mortgage means a federally related mortgage loan, as defined in section 3 of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(3)), that is secured by a first or subordinate lien on residential real property that is the primary residence of the borrower. (7) Servicer The term servicer — (A) has the same meaning as in section 6(i) of the Real Estate Settlement Procedures Act of 1974 ( 12 U.S.C. 2605(i) ); and (B) includes a person responsible for servicing a pool of mortgages. (b) Single point of contact (1) Case Manager Required A servicer shall assign 1 case manager to each borrower that seeks a loan modification or an alternative to foreclosure. (2) Duties of Case Manager The case manager assigned under paragraph (1) shall be an individual who— (A) manages the communications between the servicer and the borrower; (B) has the authority to make decisions about the eligibility of the borrower for a loan modification or an alternative to foreclosure; (C) is available to communicate with the borrower by telephone and email during business hours; and (D) remains assigned to the borrower until the earliest of— (i) the date on which the borrower accepts a loan modification or an alternative to foreclosure; (ii) the date on which the servicer forecloses on the mortgage of the borrower; or (iii) the date on which a release of the mortgage of the borrower is recorded in the appropriate land records office, as determined by the Director, by rule. (3) Assistance for Case Managers A servicer may assign an employee to assist a case manager assigned under paragraph (1), if the case manager remains available to communicate with the borrower by telephone and email. (c) Determination of eligibility for loan modification program or alternative to foreclosure required before foreclosure (1) Initiation of Covered Foreclosure Actions A servicer may not initiate a covered foreclosure action against a borrower unless the servicer has— (A) completed a full review of the file of the borrower to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; (B) made a reasonable effort to obtain the information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, as described in paragraph (3); and (C) offered the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for the loan modification or alternative to foreclosure. (2) Suspension of Covered Foreclosure Actions (A) In general A servicer shall suspend a covered foreclosure action that was initiated before the date of enactment of this section until the servicer— (i) completes a full review of the file of the borrower to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; (ii) notifies the borrower of the determination under clause (i); and (iii) offers the borrower a loan modification or an alternative to foreclosure, if the borrower is eligible for a loan modification or an alternative to foreclosure. (B) Suspension During the period of the suspension under subparagraph (A), a servicer may not— (i) send a notice of foreclosure to a borrower; (ii) conduct or schedule a sale of the residential real property securing the mortgage of the borrower; or (iii) cause final judgment to be entered against the borrower. (C) Reasonable efforts A servicer is not required to suspend a covered foreclosure action under subparagraph (A) if the servicer— (i) makes a reasonable effort to obtain information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure, as described in paragraph (3); and (ii) documents that the servicer has not received information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure before the end of the applicable period under paragraph (3). (D) Rule of construction Nothing in this section may be construed to require a servicer to delay an unavoidable foreclosure, such as foreclosure that results from a borrower abandoning the residential real property securing the mortgage of such borrower. (3) Reasonable effort to obtain necessary information A servicer shall be deemed to have made a reasonable effort to obtain information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure if such servicer takes the following steps: (A) 30-day period after delinquency (i) In general During the 30-day period beginning on the date of delinquency of the borrower, the servicer shall attempt to establish contact with the borrower by— (I) making not fewer than 4 telephone calls to the telephone number on record for the borrower, at different times of the day; and (II) sending not fewer than 2 written notices to the borrower at the address on record for the borrower, at least 1 of which shall be delivered by certified mail, requesting that the borrower contact the servicer. (ii) Contact not established In the case that a servicer is not able to establish contact with the borrower by telephone under subclause (I) of clause (i) or such borrower does not respond to the notices sent under subclause (II) of such clause, such servicer shall, following a third party review under subsection (d), notify the borrower that the servicer intends to initiate or continue a covered foreclosure action. (B) Contact established with borrower In the case that a servicer is able to establish contact with the borrower under subparagraph (A)(i), the servicer shall— (i) notify the borrower, in writing, that the servicer lacks information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure; and (ii) send the borrower a written request that the borrower transmit to the servicer, not later than 30 days after the date on which such request sent by the servicer is postmarked, all information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. (C) Necessary information not received In the case that the servicer does not receive from the borrower all information requested under clause (ii) of subparagraph (B) within the time period described in such subparagraph, the servicer shall send the borrower an additional written request that the borrower transmit to the servicer, not later than 15 days after the date on which such request sent by the servicer is postmarked, all information necessary to determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. (D) Notification of foreclosure In the case that the servicer does not receive from the borrower all information requested under subparagraph (C) within the time period described in such subparagraph, the servicer shall, following a third party review under subsection (d), notify the borrower that the servicer intends to initiate or continue a covered foreclosure action. (d) Third party review (1) In general Unless otherwise provided for in this subsection, before a servicer notifies a borrower that the borrower is not eligible for a loan modification or an alternative to foreclosure, the servicer shall obtain the services of an independent reviewer to— (A) review the file of the borrower; and (B) determine whether the borrower is eligible for a loan modification or an alternative to foreclosure. (2) Exemption Paragraph (1) shall not apply to a servicer that is a community financial institution, as defined in section 2(10) of the Federal Home Loan Bank Act (12 U.S.C. 1422(10)). (e) Bar to foreclosure actions (1) In General Subject to paragraph (2), a violation of this Act shall be a bar to a covered foreclosure action. (2) Effect of Subsequent Compliance If a servicer is in compliance with this section, the servicer may bring or proceed with a covered foreclosure action, without regard to a prior violation of this section by the servicer. (f) Liability (1) In general A servicer that fails to comply with any requirement imposed under this section shall be liable to a borrower in the same manner that a creditor who fails to comply with any requirement under this chapter is liable to a person under section 130. (2) Joint and several liability A creditor or assignee that is connected to a mortgage serviced by a servicer that fails to comply with any requirement imposed under this section shall, with respect to that mortgage, have joint and several liability with such servicer for such failure to comply. . (b) Table of contents The table of contents of chapter 2 of such Act is amended by inserting after the item relating to section 129H the following new item: 129I. Standards for servicers of residential mortgages. . 3. Regulations Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection, in consultation with the Secretary of Housing and Urban Development and the Secretary of the Treasury, shall issue regulations to carry out the amendments made by this Act. 4. Report Not later than 1 year after the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall submit to Congress a report that contains— (1) an evaluation of the effect of the amendments made by this Act on— (A) State law; and (B) communication between servicers and borrowers; and (2) a description of any problems concerning the implementation of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2512ih/xml/BILLS-113hr2512ih.xml

113-hr-2513

I 113th CONGRESS 1st Session H. R. 2513 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Gohmert (for himself, Mrs. Lummis , Mr. Bishop of Utah , Mr. LaMalfa , Mr. Fleming , Mr. Franks of Arizona , Mr. Pearce , Mr. Stutzman , Mr. Cole , Mr. Harris , Mr. Yoho , and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Agriculture , Transportation and Infrastructure , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To clarify that a State has the sole authority to regulate hydraulic fracturing on Federal land within the boundaries of the State. 1. Short title This Act may be cited as the Fracturing Regulations are Effective in State Hands Act . 2. Findings Congress finds that— (1) hydraulic fracturing is a commercially viable practice that has been used in the United States for more than 60 years in more than 1,000,000 wells; (2) the Ground Water Protection Council, a national association of State water regulators that is considered to be a leading groundwater protection organization in the United States, released a report entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources and dated May 2009 finding that the current State regulation of oil and gas activities is environmentally proactive and preventive ; (3) that report also concluded that [a]ll oil and gas producing States have regulations which are designed to provide protection for water resources ; (4) a 2004 study by the Environmental Protection Agency, entitled Evaluation of Impacts to Underground Sources of Drinking Water by Hydraulic Fracturing of Coalbed Methane Reservoirs , found no evidence of drinking water wells contaminated by fracture fluid from the fracked formation; (5) a 2009 report by the Ground Water Protection Council, entitled State Oil and Natural Gas Regulations Designed to Protect Water Resources , found a lack of evidence that hydraulic fracturing conducted in both deep and shallow formations presents a risk of endangerment to ground water; (6) a January 2009 resolution by the Interstate Oil and Gas Compact Commission stated The states, who regulate production, have comprehensive laws and regulations to ensure operations are safe and to protect drinking water. States have found no verified cases of groundwater contamination associated with hydraulic fracturing. ; (7) on May 24, 2011, before the Oversight and Government Reform Committee of the House of Representatives, Lisa Jackson, the Administrator of the Environmental Protection Agency, testified that she was not aware of any proven case where the fracking process itself has affected water ; (8) in 2011, Bureau of Land Management Director Bob Abbey stated, We have not seen evidence of any adverse effect as a result of the use of the chemicals that are part of that fracking technology. ; (9) (A) activities relating to hydraulic fracturing (such as surface discharges, wastewater disposal, and air emissions) are already regulated at the Federal level under a variety of environmental statutes, including portions of— (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); and (iii) the Clean Air Act (42 U.S.C. 7401 et seq.); but (B) Congress has continually elected not to include the hydraulic fracturing process in the underground injection control program under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (10) in 2011, the Secretary of the Interior announced the intention to promulgate new Federal regulations governing hydraulic fracturing on Federal land; and (11) a February 2012 study by the Energy Institute at the University of Texas at Austin, entitled Fact-Based Regulation for Environmental Protection in Shale Gas Development , found that [n]o evidence of chemicals from hydraulic fracturing fluid has been found in aquifers as a result of fracturing operations . 3. Definition of federal land In this Act, the term Federal land means— (1) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (2) National Forest System land; (3) land under the jurisdiction of the Bureau of Reclamation; and (4) land under the jurisdiction of the Corps of Engineers. 4. State authority (a) In general A State shall have the sole authority to promulgate or enforce any regulation, guidance, or permit requirement regarding the treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on or under any land within the boundaries of the State. (b) Federal land The treatment of a well by the application of fluids under pressure to which propping agents may be added for the expressly designed purpose of initiating or propagating fractures in a target geologic formation in order to enhance production of oil, natural gas, or geothermal production activities on Federal land shall be subject to the law of the State in which the land is located.

https://www.govinfo.gov/content/pkg/BILLS-113hr2513ih/xml/BILLS-113hr2513ih.xml

113-hr-2514

I 113th CONGRESS 1st Session H. R. 2514 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Graves of Missouri introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve efficiency by consolidating some duplicative and overlapping Government programs. 1. Short title This Act may be cited as the Improving All Government Efficiency Act of 2013 or the IMAGE Act of 2013 . 2. Consolidating unnecessary duplicative and overlapping Government programs (a) In general Notwithstanding any other provision of law, the Director of the Office of Management and Budget shall coordinate with the heads of the relevant departments or agencies to— (1) use available administrative authority to eliminate, consolidate, or streamline Government programs and agencies with duplicative and overlapping missions identified in— (A) the April 2013 Government Accountability Office report to Congress, entitled Actions Needed to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits (GAO–13–279SP); (B) the February 2012 Government Accountability Office report to Congress, entitled Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP); and (C) the March 2011 Government Accountability Office report to Congress, entitled Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue (GAO–11–318SP) and apply the savings towards deficit reduction; (2) identify and report to Congress any legislative changes required to further eliminate, consolidate, or streamline Government programs and agencies with duplicative and overlapping missions identified in— (A) the April 2013 Government Accountability Office report to Congress, entitled Actions Needed to Reduce Fragmentation, Overlap, and Duplication and Achieve Other Financial Benefits (GAO–13–279SP); (B) the February 2012 Government Accountability Office report to Congress, entitled Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP); and (C) the March 2011 Government Accountability Office report to Congress, entitled Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue (GAO–11–318SP); (3) determine the total cost savings that shall result to each department or agency from the actions described in paragraph (1); and (4) rescind from the amounts made available to such departments or agencies the total amount of cost savings estimated by paragraph (3). (b) Application of rescission The rescission required under subsection (a)(4) shall only apply to amounts made available for Government programs that are eliminated, consolidated, or streamlined under this section. (c) Report Not later than September 30, 2013, the Director of the Office of Management and Budget shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate listing the accounts reduced by the rescission in subsection (a)(4) and the amounts rescinded from each such account. (d) Rescission for noncompliance With respect to a department or agency that does not meet the requirements of subsection (a) before September 30, 2013, there is rescinded from the funds made available to such department or agency in fiscal year 2013 an amount equal to 1 percent of such funds.

https://www.govinfo.gov/content/pkg/BILLS-113hr2514ih/xml/BILLS-113hr2514ih.xml

113-hr-2515

I 113th CONGRESS 1st Session H. R. 2515 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Grijalva (for himself, Mr. Holt , Ms. Clarke , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the provisions of the Elementary and Secondary Education Act of 1965 regarding school library media specialists, and for other purposes. 1. Short title This Act may be cited as the Strengthening Kids' Interest in Learning and Libraries Act or the SKILLs Act . I School library media specialist requirements 101. Authorization of appropriations Section 1002(b)(4) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended by striking 2002 and inserting 2014 . 102. State plans (a) Academic standards, academic assessments, and accountability Section 1111(b)(8) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(8) ) is amended— (1) in subparagraph (D), by striking and after the semicolon; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: (E) how the State educational agency will meet the goal of ensuring that there is not less than 1 highly qualified school library media specialist in each school receiving funds under this part, as described in section 1119(h)(2); and . (b) Other provisions To support teaching and learning Section 1111(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c) ) is amended— (1) in paragraph (13), by striking and after the semicolon; (2) in paragraph (14), by striking the period and inserting ; and ; and (3) by inserting after paragraph (14) the following: (15) the State educational agency will establish a goal of having not less than 1 State-certified school library media specialist in each public school that receives funds under this part. . 103. Local educational agency plans (a) Plan provisions Section 1112(b)(1)(N) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)(N)) is amended by inserting , including ensuring that there is not less than 1 highly qualified school library media specialist in each school before the semicolon. (b) Assurances Section 1112(c)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(c)(1) ) is amended— (1) in subparagraph (N), by striking and after the semicolon; (2) in subparagraph (O), by striking the period and inserting ; and ; and (3) by inserting after subparagraph (O) the following: (P) ensure, to the extent feasible, that each school served by the local educational agency and receiving funds under this part employs not less than 1 State-certified school library media specialist. . 104. Schoolwide programs Section 1114(b)(1)(D) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6314(b)(1)(D) ) is amended by inserting school library media specialists, after teachers, . 105. Targeted assistance schools Section 1115(c)(1)(F) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6315(c)(1)(F)) is amended by inserting school library media specialists, after teachers, . 106. Qualifications for teachers, paraprofessionals, and school library media specialists (a) In general Section 1119 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6319 ) is amended— (1) in the section heading, by striking teachers and paraprofessionals and inserting teachers, paraprofessionals, and school library media specialists ; (2) by redesignating subsections (h) through (l) as subsections (i) through (m), respectively; (3) by inserting after subsection (g) the following: (h) School library media specialists (1) Local educational agency requirement Each local educational agency receiving assistance under this part shall ensure, to the extent feasible, that each school that is served by the local educational agency and receives funds under this part employs not less than 1 highly qualified school library media specialist. (2) State goal Each State educational agency receiving assistance under this part shall— (A) establish a goal of having not less than 1 highly qualified school library media specialist in each public school that is served by the State educational agency and receives funds under this part; and (B) specify a date by which the State will reach this goal, which date shall be not later than the beginning of the 2013–2014 school year. ; and (4) in subsection (i) (as redesignated by subsection (a)(2)), by striking and paraprofessionals and inserting , paraprofessionals, and school library and media specialists . (b) Conforming amendment Section 1119(l) of the Elementary and Secondary Education Act of 1965 (as redesignated by subsection (a)(2)) (20 U.S.C. 6319(l)) is amended by striking subsection (1) and inserting subsection (m) . 107. Improving literacy through school libraries Section 1251 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6383 ) is amended— (1) in subsection (a), by striking well-trained, professionally certified and inserting highly qualified ; (2) in subsection (e)(3)— (A) by striking Distribution .—The and inserting the following: Distribution .— (A) Geographic distribution The ; and (B) by adding at the end the following: (B) Balance among types of schools In awarding grants under this subsection, the Secretary shall take into consideration whether funding is proportionally distributed among projects serving students in elementary, middle, and high schools. ; (3) in subsection (f)(2)— (A) in subparagraph (A)— (i) by inserting the need for student literacy improvement at all grade levels, before the need for ; and (ii) by striking well-trained, professionally certified and inserting highly qualified ; (4) by striking subparagraph (B) and inserting the following: (B) a needs assessment of which grade spans are served, ensuring funding is proportionally distributed to serve students in elementary, middle, and high schools; ; and (5) in subsection (g)— (A) in paragraph (1), by striking the semicolon at the end and inserting and reading materials, such as books and materials that— (A) are appropriate for students in all grade levels to be served and for students with special learning needs, including students who are limited English proficient; and (B) engage the interest of readers at all reading levels; ; and (B) in paragraph (4), by striking professional development described in section 1222(d)(2) and inserting professional development in information literacy instruction that is appropriate for all grades, including the assessment of student literacy needs, the coordination of reading and writing instruction across content areas, and training in literacy strategies in all content areas . II Preparing, teaching, and recruiting high quality teachers, school library media specialists, and principals 201. Teacher, school library media specialist, and principal training and recruiting fund Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended— (1) in the title heading, by striking High quality teachers and principals and inserting High quality teachers, school library media specialists, and principals ; and (2) in the part heading, by striking Teacher and principal and inserting Teacher, school library media specialist, and principal . 202. Purpose Section 2101(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601(1) ) is amended to read as follows: (1) increase student academic achievement through strategies such as— (A) improving teacher, school library media specialist, and principal quality; and (B) increasing the number of highly qualified teachers in the classroom, highly qualified school library media specialists in the library, and highly qualified principals and assistant principals in schools; and . 203. State applications Section 2112(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6612(b) ) is amended— (1) in paragraph (4), by inserting , school library media specialists, before and principals ; and (2) in paragraph (10), by inserting , school library media specialist, before and paraprofessional . 204. State use of funds Section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ) is amended— (1) in paragraph (4)— (A) in the matter preceding subparagraph (A), by inserting highly qualified school library media specialists, before principals ; and (B) in subparagraph (B), by inserting , highly qualified school library media specialists, before and principals ; and (2) in paragraph (6), by striking teachers and principals each place the term appears and inserting teachers, school library media specialists, and principals . 205. Local uses of funds Section 2123(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6623(a) ) is amended by inserting after paragraph (8) the following: (9) (A) Developing and implementing strategies to assist in recruiting and retaining highly qualified school library media specialists; and (B) providing appropriate professional development for such specialists, particularly related to skills necessary to assist students to improve the students' academic achievement, including skills related to information literacy. . III General Provisions 301. Definitions Section 9101(23) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(23) ) is amended— (1) in subparagraph (B)(ii)(II), by striking and after the semicolon; (2) in subparagraph (C)(ii)(VII), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) when used with respect to a school library media specialist employed in an elementary school or secondary school in a State, means that the school library media specialist— (i) holds at least a bachelor's degree; (ii) has obtained full State certification as a school library media specialist or passed the State teacher licensing examination, with State certification in library media, in such State, except that when used with respect to any school library media specialist teaching in a public charter school, the term means that the school library media specialist meets the requirements set forth in the State's public charter school law; and (iii) has not had certification or licensure requirements waived on an emergency, temporary, or provisional basis. . 302. Conforming amendments (a) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 note) is amended— (1) by striking the item relating to section 1119 and inserting the following: Sec. 1119. Qualifications for teachers, paraprofessionals, and school library media specialists. ; (2) by striking the item relating to title II and inserting the following: Title II—Preparing, training, and recruiting high quality teachers, school library media specialists, and principals ; and (3) by striking the item relating to part A of title II and inserting the following: Part A—Teacher, School Library Media Specialist, and Principal Training and Recruiting Fund .

https://www.govinfo.gov/content/pkg/BILLS-113hr2515ih/xml/BILLS-113hr2515ih.xml

113-hr-2516

I 113th CONGRESS 1st Session H. R. 2516 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Grijalva (for himself, Ms. Chu , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish dual language education programs in low-income communities. 1. Short title This Act may be cited as the Providing Resources to Improve Dual Language Education Act of 2013 or the PRIDE Act . 2. Findings The Congress finds the following: (1) Dual language programs have been found to provide the greatest academic gains for limited English proficient children. (2) Few children from low-income communities, particularly African-American children, have had access to a well-developed and well-implemented dual language program. (3) Children in dual language programs experience substantial gains in language, literacy, and mathematics. 3. Dual language flagship grants (a) Purposes The purposes of this section are as follows: (1) To provide incentives for local educational agencies to develop innovative strategies for working with low-income and limited English proficient children. (2) To improve the school readiness of low-income and limited English proficient children and to ensure they enter school ready to succeed. (3) To provide consistent support for learning through high-quality dual language programs from preschool through the fifth grade. (4) To authorize the Secretary to carry out a demonstration project to enhance the biliteracy and bilingualism skills for children in impoverished communities, including limited English proficient and minority children, through the use and longitudinal evaluation of dual language programs beginning in preschool through the fifth grade. (b) Program authorized (1) In general From funds made available under subsection (i), and after reserving funds under subsection (c), the Secretary is authorized to award not more than five grants to fund partnerships of local educational agencies, early childhood education programs including State-funded preschool programs and Head Start programs, and technical assistance providers to demonstrate effective strategies in ensuring the academic success of low-income minority students through the implementation and evaluation of a high-quality dual language program that— (A) serves cohorts of economically disadvantaged minority and limited English proficient children from preschool through fifth grade; (B) establishes an infrastructure that supports a rigorous assessment system, including dedicated staff time and professional development in assessment, a data collection plan, and the collection of multiple measures of academic progress, bilingualism, and biliteracy; (C) implements and aligns a curriculum that promotes the development of bilingual and biliterate competencies for all students through at least grade five; (D) utilizes and aligns student-centered instructional methods that enhance the development of bilingualism, biliteracy, and academic achievement; (E) aligns professional development and training for early childhood education instructors and elementary school teachers and staff, with an emphasis on dual language instruction, second language acquisition, and content knowledge; (F) recruits, trains, and continuously develops staff to implement high-quality, dual language programs; and (G) establishes a responsive infrastructure for positive, active, and ongoing relationships with students’ families and the community that responds to and is reflective of the needs of the community and goals of the program. (c) Reservation The Secretary shall reserve not more than 5 percent of the amount appropriated under subsection (i) to carry out this Act, including the technical assistance and evaluation described is subsection (g) and dissemination of best practices described in subsection (h). (d) Duration Each grant under this section shall be awarded for a period of not more than five years. (e) Applications for grants (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (2) Required documentation Each application submitted by a partnership under this section for a proposed program shall include documentation that— (A) the partnership has partnered with an entity that has proven expertise in the implementation of high-quality dual language programs to provide on-going technical assistance and assist with the evaluation of the program; (B) the partnership has the qualified personnel to develop, administer, evaluate, and implement the program; and (C) the partnership is serving economically disadvantaged minority and limited English proficient children. (3) Other application contents Each application submitted by an entity under this section for a proposed program shall include— (A) data showing that the program is serving economically disadvantaged and limited English proficient children; (B) a description of how the program will align the language of assessment with the language of instruction; (C) a description of how the program will be evaluated to assess the goals of the program; (D) a description of how the evaluation will be used to inform broader efforts to improve instruction for limited English proficient children, including for preschool-aged children; (E) a description of activities that will be pursued by the program including a description of— (i) how the activities will further the school readiness and academic progress of children served by this program and support dual language development through grade five; (ii) methods of designing culturally and linguistically appropriate dual language curriculum; and (iii) methods of teacher training and parent outreach that will be used or developed through the programs; (F) an assurance that the program will annually provide to the Secretary such information as may be required by subsection (f); and (G) any other information that the secretary may require. (f) Selection of grantees (1) Criteria The Secretary through a peer review process shall select partnerships to receive grants under this section based on— (A) the articulation of preschool through fifth-grade instructional practices, curriculum, and assessments strategies; (B) the extent to which school leadership has been involved and has demonstrated a commitment to a high-quality dual language program; and (C) the quality of the programs proposed in the applications submitted under subsection (b). (g) Technical assistance and evaluation From funds reserved under subsection (i) for a fiscal year, the Secretary shall reserve $250,000 to contract with an entity with a proven track record in dual language programs for the purpose of— (1) providing technical assistance to local education agencies receiving grants under this Act in order to strengthen programs conducted by grantees pursuant to this Act; and (2) conducting an evaluation of programs funded under this act, which shall— (A) be used by the Secretary to determine effectiveness of programs funded through this Act and improve services to participating children; and (B) include— (i) a comprehensive evaluation of the impact of the programs on students, including an assessment of literacy skills and language development in both English and the minority language; (ii) a comprehensive evaluation of the effectiveness of instructional practices used in the programs; and (iii) a comprehensive evaluation of professional development strategies. (h) Dissemination of best practices The Secretary shall disseminate information on model programs, materials, and other information developed under this section that the Secretary determines to be appropriate for use by early childhood education providers to improve the school readiness of limited English proficient children. (i) Authorization of appropriations For the purposes of carrying out this section, there are authorized to be appropriated $15,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 4 succeeding fiscal years. (j) Definitions In this section: (1) Dual language program The term dual language program means an instructional strategy in which students are taught literacy and content in two languages and use the partner language for at least half of the instructional day and foster bilingualism, biliteracy, enhanced awareness of linguistic and cultural diversity, and high levels of academic achievement through instruction in two languages. (2) State-funded preschool program The term State-funded preschool program means a program that— (A) serves children who are ages 3 through 5; (B) has a primary focus of supporting early childhood education, including supporting children’s cognitive, social, emotional, and physical development and approaches to learning; (C) helps prepare children for a successful transition to kindergarten; (D) is either a school- or community-based program; and (E) is funded either in whole or in part by a State through a State agency with authority to promulgate regulations and monitor participating programs. (3) Limited English proficient The term limited English proficient , when used with respect to a child, means a child— (A) (i) who was not born in the United States or whose native language is a language other than English; (ii) (I) who is a Native American (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), an Alaska Native, or a native resident of an outlying area (as defined in such section 9101); and (II) who comes from an environment where a language other than English has had a significant impact on the child’s level of English language proficiency; or (iii) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and (B) whose difficulties in speaking or understanding the English language may be sufficient to deny the child— (i) the ability to successfully achieve in a classroom in which the language of instruction is English; or (ii) the opportunity to participate fully in society.

https://www.govinfo.gov/content/pkg/BILLS-113hr2516ih/xml/BILLS-113hr2516ih.xml

113-hr-2517

I 113th CONGRESS 1st Session H. R. 2517 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To improve the literacy and English skills of limited English proficient individuals, and for other purposes. 1. Short title This Act may be cited as the Families Learning and Understanding English Together Act of 2013 . 2. Findings The Congress finds the following: (1) The Census Bureau reports that in 2007, 19.7 percent of United States households speak a language other than English at home. (2) Many parents in many recently immigrated families speak little to no English, possess low literacy skills in their native language due to limited education, and frequently struggle to assist their children’s English language development. (3) The United States is a nation of immigrants, and even today, according to the 2007 update of the Census, over 38,000,000 individuals who live in the United States were born outside the country. 3. Purpose The purpose of this Act is to improve the educational, social, and economic advancement of families with limited English proficient individuals in need of literacy skills by expanding and enhancing family literacy services for such families. 4. Competitive Grant Program (a) Program authorized From funds made available pursuant to section 9, and after reserving funds under section 9(b), the Secretary may award grants to family literacy providers to provide, directly or through a contract with another provider, family literacy services designed for families with limited English proficient individuals. Each grant under this Act shall be for a period of 1 year and may be renewed for a total of 5 additional years. (b) Application Family literacy providers who desire to receive a grant under this Act shall submit an application at such time, containing such information, and in such manner as the Secretary may require. Such application shall include the following: (1) An assurance that services provided with funds under this Act shall be provided to the hardest-to-reach populations, including populations with the greatest economic and social need. (2) A description of the services that will be provided with funds under this Act, including how the services will be based on research-based reading instruction for limited English proficient children and parents. (3) A description of the outcome measures, consistent with section 6, that are based on scientifically based research and will be employed by the family literacy provider to measure the effectiveness of services provided with funds under this Act. (4) An assurance that, in providing family literacy services through the grant, the family literacy provider will collaborate with one or more of the following: (A) A local educational agency. (B) An elementary school. (C) A secondary school. (D) A nonprofit entity. (c) Grant amount The amount of a grant under this Act for a fiscal year shall not be less than $150,000 or more than $1,000,000. (d) Services requirements Family literacy services under this Act shall be provided in sufficient intensity in terms of hours, and shall be of sufficient duration, to make sustainable changes in a family and shall integrate all of the following activities: (1) Interactive literacy activities between parents and their children. (2) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (3) Parent literacy training that leads to economic self-sufficiency. (4) An age-appropriate education to prepare children for success in school and life experiences. (e) Special rule Family literacy services under this Act may be provided to a family only if— (1) each parent in the family has attained 16 years of age; and (2) the family has at least one child from birth who has not yet attained 8 years of age. 5. Technical assistance and training (a) Activities by Secretary The Secretary, acting through the Assistant Secretary for Elementary and Secondary Education, shall, through grants or contracts as described in subsection (b), provide technical assistance and training to grantees under this Act for the purposes described in subsection (c). (b) Activities by national organizations (1) In general The Secretary shall make grants to, or enter into contracts with, at least 2 eligible national organizations to provide technical assistance and training to grantees under this Act for the purposes described in subsection (c). (2) Definition In this section, the term eligible national organization means a national organization with expertise in providing family literacy services to limited English proficient populations. (c) Purposes The purposes of technical assistance and training provided under this section are the following: (1) Assisting grantees under this Act to improve the quality of their family literacy services. (2) Enabling such grantees that demonstrate the effective provision of family literacy services, based on improved outcomes for children and their parents, to provide technical assistance and training to government agencies and to family literacy providers that work in collaboration with such agencies to improve the quality of their family literacy services. (3) Assisting such grantees in the implementation of literacy curriculum and training activities, including curriculum and training activities that support building on a child’s native language. (d) Reports to Congress Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the technical assistance and training provided pursuant to subsections (a) and (b). Each such report shall describe the actions taken by the Secretary to ensure that such technical assistance and training is of high-quality and is responsive to the needs of grantees under this Act. 6. Outcome measures The Secretary shall require each family literacy provider receiving a grant under this Act to meet culturally appropriate and competent outcome measures described in the provider’s application under section 4, including outcome measures with respect to— (1) acquisition of the English language, including improved educational levels; (2) literacy skills and building of a home language; (3) improved parenting and life skills; (4) the improved ability of parents with limited English proficiency to effectively interact with officials of the schools their children attend; (5) improved developmental skills and independent learning of the children; and (6) increased parental participation in their children’s education and home environments that are supportive of educational endeavors. 7. Evaluation The Secretary shall conduct an annual evaluation of the grant program under this Act. Such evaluation shall be used by the Secretary— (1) for program improvement; (2) to further define the program’s goals and objectives; and (3) to determine program effectiveness. 8. Definitions For purposes of this Act: (1) Application of ESEA terms The terms elementary school , limited English proficient , local educational agency , scientifically based research , and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term scientifically based reading research has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6368 ). (2) Family literacy provider The term family literacy provider means an entity that— (A) is located in a geographic area containing at least one public elementary school or secondary school with a majority enrollment of children with limited English proficiency; and (B) is one of the following: (i) A current grantee under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6381 et seq. ) (commonly referred to as William F. Goodling Even Start Family Literacy Programs ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), or any other Federal or State early childhood program. (ii) An adult education provider. (iii) A local educational agency. (iv) A public or private nonprofit agency. (v) Another entity that has the demonstrated ability to provide family literacy services to limited English proficient adults and families. (3) Secretary The term Secretary means the Secretary of Education. 9. Authorization of appropriations (a) In general There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2014 through 2018. (b) Reservations From funds made available pursuant to subsection (a) for a fiscal year, the Secretary shall reserve— (1) not more than 2 percent of such funds for conducting the annual evaluation required by section 7; and (2) $5,000,000 for technical assistance and training under section 5.

https://www.govinfo.gov/content/pkg/BILLS-113hr2517ih/xml/BILLS-113hr2517ih.xml

113-hr-2518

I 113th CONGRESS 1st Session H. R. 2518 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Kinzinger of Illinois (for himself, Mr. Michaud , Mr. Schock , Mr. McIntyre , Ms. Jenkins , Mr. Matheson , and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To increase the long-term fiscal accountability of direct spending legislation. 1. Short title; purpose (a) Short title This Act may be cited as the Truth in Spending Act of 2013 . (b) Purpose It is the purpose of this Act to— (1) improve congressional control over the Federal budget process; (2) to facilitate the determination each year of the appropriate level of Federal revenues and expenditures by the Congress and the President; and (3) to provide for the furnishing of information that will assist the Congress in controlling growth of direct spending programs. 2. Presidents’ budget submissions (a) OMB report regarding difference between actual and estimated costs of direct spending legislation Section 1105(a) of title 31, United States Code, is amended by redesignating the second paragraph (37) as paragraph (39) and by adding at the end the following new paragraph: (40) the most recent reports of the Director of the Office of Management and Budget under subsections (a) and (b) of section 3 of the Truth in Spending Act of 2013 regarding the difference between the actual costs and the estimated costs of direct spending legislation, including proposed legislative language, if any, in such reports. . (b) Effective date The amendment made by subsection (a) shall apply to budget submissions made by the President beginning with the submission for fiscal year 2015. 3. Long-term fiscal accountability of direct spending legislation (a) Initial five-Year report Not later than January 15, 2014, and each subsequent year, the Director of the Office of Management and Budget shall submit to the President for inclusion in his annual budget submission under section 1105(a) of title 31, United States Code, a report setting forth the following: (1) For all Acts affecting direct spending relative to the baseline enacted during the sixth calendar year before the calendar year in which this report is submitted, the total cost as estimated by the Director of the Congressional Budget Office for the then budget year and four outyears. (2) For all Acts affecting direct spending relative to the baseline enacted during the sixth calendar year before the calendar year in which this report is submitted, the actual total cost as computed by the Director of the Office of Management and Budget for the then budget year and four outyears. (3) For such 5-fiscal-year period, the net amount by which the actual cost of all such Acts exceeds the estimated cost of all such Acts, or the net amount by which the estimated cost of all such Acts exceeds the actual cost of all such Acts, as the case may be. (4) If the actual total cost of all such Acts exceeds the estimated total cost, then proposed legislative language to eliminate such excess cost. (5) If the actual total cost of all such Acts exceeds the estimated total cost, then a detailed statement of the most likely reasons why that occurred. (6) A list of each Act for which the actual total cost exceeded the estimated total cost for the applicable five-year period described in paragraph (3) and the dollar amount of such excess. (b) Follow-Up five-Year report Not later than January 15, 2017, and each subsequent year, the Director of the Office of Management and Budget shall submit to the President for inclusion in his annual budget submission under section 1105(a) of title 31, United States Code, a report setting forth the following: (1) For all Acts affecting direct spending relative to the baseline enacted during the eleventh calendar year before the calendar year in which this report is submitted, the total cost as estimated by the Director of the Congressional Budget Office for the 5-fiscal-year period, the first fiscal year of which begins immediately after the last fiscal year covered by the corresponding initial five-year report under subsection (a). (2) For all Acts affecting direct spending relative to the baseline enacted during the eleventh calendar year before the calendar year in which this report is submitted, the actual total cost as computed by the Director of the Office of Management and Budget for the 5-fiscal-year period, the first fiscal year of which begins immediately after the last fiscal year covered by the corresponding initial five-year report under subsection (a). (3) For such 5-fiscal-year period, the net amount by which the actual cost of all such Acts exceeds the estimated cost of all such Acts, or the net amount by which the estimated cost of all such Acts exceeds the actual cost of all such Acts, as the case may be. (4) If the actual total cost of all such Acts exceeds the estimated total cost, then propose legislative language to eliminate such excess cost. (5) If the actual total cost of all such Acts exceeds the estimated total cost, then a detailed statement of the most likely reasons why that occurred. (6) A list of each Act for which the actual total cost exceeded the estimated total cost for the applicable five-year period described in paragraph (3) and the dollar amount of such excess. (c) Definition As used in this section, the term direct spending has the meaning given such term in section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985. 4. Fast track procedure (a) Presidential submission to Congress Upon receiving any report from the Director of the Office of Management and Budget pursuant to subsection (a) or (b) of section 3, the President shall, within 7 days, submit any proposed legislative language set forth in such report to the House of Representatives and to the Senate. (b) Congressional consideration (1) Introduction (A) In general On the day on which the proposed legislative language is submitted by the President to the House of Representatives and the Senate under subsection (a), it shall be introduced (by request) in the Senate by the majority leader of the Senate or by Members of the Senate designated by the majority leader of the Senate and shall be introduced (by request) in the House by the majority leader of the House or by Members of the House designated by the majority leader of the House. (B) Not in session If either House is not in session on the day on which such legislative proposal is submitted, the legislative proposal shall be introduced in that House, as provided in subparagraph (A), on the first day thereafter on which that House is in session. (C) Any Member If the legislative proposal is not introduced in either House within 5 days on which that House is in session after the day on which the legislative proposal is submitted, then any Member of that House may introduce the legislative proposal. (D) Referral The legislation introduced under this paragraph shall be referred by the Presiding Officers of the respective Houses to the appropriate committees. (2) Committee consideration of proposal (A) Reporting bill Not later than April 1 of any year in which a proposal is submitted by the President to Congress under this section, the applicable committees of the House of Representatives and of the Senate may report the bill referred to them under paragraph (1)(D) with committee amendments, such that the bill, as amended, achieves the cost savings in the original submission. (B) Discharge If, with respect to the House involved, the committee has not reported the bill by the date required by subparagraph (A), the committee shall be discharged from further consideration of the proposal. (3) Limitation on changes to recommendations (A) In general It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, or amendment pursuant to this subsection or conference report thereon that fails to achieve the cost savings set forth in the original submission by the President from among the Acts set forth on the list compiled under section 3(a)(6). (B) Waiver This paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. (C) Appeals An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this paragraph. (4) Expedited procedure (A) Consideration A motion to proceed to the consideration of the bill in the Senate is not debatable. (B) Amendment (i) Time limitation Debate in the Senate on any amendment to a bill under this section shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or such leader’s designee. (ii) Germane No amendment that is not germane to the provisions of such bill shall be received. (iii) Additional time The leaders, or either of them, may, from the time under their control on the passage of the bill, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (iv) Amendment not in order It shall not be in order to consider an amendment that would cause the bill to have cost savings that are less than the cost savings set forth in the original submission by the President. (v) Waiver and appeals This paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. (C) Consideration by the other House (i) In general The expedited procedures provided in this subsection for the consideration of a bill introduced pursuant to paragraph (1) shall not apply to such a bill that is received by one House from the other House if such a bill was not introduced in the receiving House. (ii) Before passage If a bill that is introduced pursuant to paragraph (1) is received by one House from the other House, after introduction but before disposition of such a bill in the receiving House, then the following shall apply: (I) The receiving House shall consider the bill introduced in that House through all stages of consideration up to, but not including, passage. (II) The question on passage shall be put on the bill of the other House as amended by the language of the receiving House. (iii) After passage If a bill introduced pursuant to paragraph (1) is received by one House from the other House, after such a bill is passed by the receiving House, then the vote on passage of the bill that originates in the receiving House shall be considered to be the vote on passage of the bill received from the other House as amended by the language of the receiving House. (iv) Disposition Upon disposition of a bill introduced pursuant to paragraph (1) that is received by one House from the other House, it shall no longer be in order to consider the bill that originates in the receiving House. (v) Limitation Clauses (ii), (iii), and (iv) shall apply only to a bill received by one House from the other House if the bill would have cost savings that are not less than the cost savings set forth in the original submission by the President. (D) Senate limits on debate (i) In general In the Senate, consideration of the bill and on all debatable motions and appeals in connection therewith shall not exceed a total of 20 hours, which shall be divided equally between the majority and minority leaders or their designees. (ii) Motion to further limit debate A motion to further limit debate on the bill is in order and is not debatable. (iii) Motion or appeal Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. (iv) Final disposition After 20 hours of consideration, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all amendments not then pending before the Senate at that time and to the exclusion of all motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins. (E) Consideration in conference (i) In general Consideration in the Senate and the House of Representatives on the conference report or any messages between Houses shall be limited to 10 hours, equally divided and controlled by the majority and minority leaders of the Senate or their designees and the Speaker of the House of Representatives and the minority leader of the House of Representatives or their designees. (ii) Time limitation Debate in the Senate on any amendment under this subparagraph shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, and debate on any amendment to an amendment, debatable motion, or appeal shall be limited to 30 minutes, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such amendment, motion, or appeal, the time in opposition thereto shall be controlled by the minority leader or such leader’s designee. (iii) Final disposition After 10 hours of consideration, the Senate shall proceed, without any further debate on any question, to vote on the final disposition thereof to the exclusion of all motions not then pending before the Senate at that time or necessary to resolve the differences between the Houses and to the exclusion of all other motions, except a motion to table, or to reconsider and one quorum call on demand to establish the presence of a quorum (and motions required to establish a quorum) immediately before the final vote begins. (iv) Limitation Clauses (i) through (iii) shall only apply to a conference report, message or the amendments thereto if the conference report, message, or an amendment thereto— (I) is related only to the program under this title; and (II) satisfies the requirements of subparagraphs (A)(i) and (C) of subsection (c)(2). (F) Veto If the President vetoes the bill, debate on a veto message in the Senate under this subsection shall be 1 hour equally divided between the majority and minority leaders or their designees. (5) Rules of the Senate and House of Representatives This section is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill under this section, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (c) No entry on PAYGO scorecards The budgetary effects of any legislation under this section shall not be entered on either PAYGO scorecard under the Statutory Pay-As-You-Go Act of 2010.

https://www.govinfo.gov/content/pkg/BILLS-113hr2518ih/xml/BILLS-113hr2518ih.xml

113-hr-2519

I 113th CONGRESS 1st Session H. R. 2519 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Ms. Lee of California (for herself, Mr. Faleomavaega , Mr. Cohen , Mr. Conyers , Mr. Grijalva , Mr. Honda , Mr. McGovern , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committees on Energy and Commerce 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 direct the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs to provide assistance for individuals affected by exposure to Agent Orange, and for other purposes. 1. Short title This Act may be cited as the Victims of Agent Orange Relief Act of 2013 . 2. Findings and purpose (a) Findings Congress makes the following findings: (1) From 1961 to 1971, approximately 19,000,000 gallons of 15 different herbicides were sprayed over the southern region of Vietnam. The agents included 13,000,000 gallons of Agent Orange, 4,500,000 gallons of Agent White, 1,000,000 gallons of Agent Blue, 420,000 gallons of Agent Purple, and relatively smaller quantities of the other herbicides. Many of the herbicides, including Agents Orange, Purple, Green, Pink, Dinoxol, and Trinoxol contained the toxic contaminant dioxin (TCDD). One, Agent Blue, contained high levels of arsenic. The aforementioned 15 herbicides, including the contaminant dioxin, are usually collectively referred to as Agent Orange. (2) Studies show that between 2,100,000 and 4,800,000 Vietnamese and tens of thousands of Americans were exposed to Agent Orange during the spraying. Many other Vietnamese were or continue to be exposed to Agent Orange through contact with the environment and food that was contaminated or as offspring of those exposed who now suffer from illnesses and disabilities. (3) Today, there are still dozens of environmental hot spots that continue to contaminate the food, soil, sediment, livestock, and wildlife with Agent Orange. (4) Agent Orange exposure continues to negatively affect the lives of men and women in Vietnam and in the United States. The lives of many victims, including Vietnamese, United States veterans and their offspring, and Vietnamese-Americans, are cut short and others live with disease, disabilities, and pain, often untreated or unrecognized. (5) The Department of Veterans Affairs recognizes certain illnesses and diseases, including AL amyloidosis, chronic B-cell leukemia, chloracne, diabetes mellitus type 2, Hodgkin’s disease, ischemic heart disease, multiple myeloma, non-Hodgkin’s lymphoma, Parkinson’s disease, acute and sub-acute peripheral neuropathy, porphyria cutanea tarda, prostate cancer, respiratory cancers, and soft-tissue sarcomas as associated with the spraying and use of Agent Orange by the United States Armed Forces during the Vietnam era. (6) No similar consideration has been given to affected Vietnamese or Vietnamese-Americans. (7) The Department of Veterans Affairs provides compensation for many severe birth defects among the children of American women veterans who served in Vietnam. The list of birth defects covered includes but is not limited to: achondroplasia, cleft lip, cleft palate, congenital heart disease, congenital talipes equinovarus (clubfoot), esophageal and intestinal atresia, Hallerman-Streiff syndrome, hip dysplasia, Hirschsprung's disease (congenital megacolon), hydrocephalus due to aqueductal stenosis, hypospadias, imperforate anus, neural tube defects, Poland syndrome, pyloric stenosis, syndactyly (fused digits), tracheoesophageal fistula, undescended testes, and Williams syndrome. Affected children of these women veterans receive medical care and other benefits. (8) The only birth defect recognized for the children of male American veterans is spina bifida (but not occulta), resulting in most affected children receiving no benefits. (9) No assistance has been given to the children of male or female Vietnamese or Vietnamese-Americans connected with their exposure, or their parent’s or grandparent’s exposure. (10) The Institute of Medicine for the past several years has noted that it is considerably more plausible than previously believed that exposure to the herbicides sprayed in Vietnam might have caused paternally mediated transgenerational effects … attributable to the TCCD contaminant in Agent Orange. In recent years, scientific studies have identified likely epigenetic links between exposure to toxins and birth defects and developmental disorders in subsequent generations. Some of the children and grandchildren of exposed persons (Americans, Vietnamese, and Vietnamese-Americans) who were in southern Vietnam during the Vietnam era likely suffer from disorders, birth defects, and illnesses related to Agent Orange. (11) Dating back to 2007, the United States has engaged in environmental remediation of contamination at the Da Nang and Bien Hoa airports, and provided funds for public health and disabilities activities for individuals residing in some affected areas. (b) Purpose It is the purpose of this Act to address and remediate the ongoing problems and concerns that arose or will arise from the use of the Agent Orange during the Vietnam era. 3. Assistance for individuals affected by health issues related to exposure to Agent Orange (a) For covered individuals The Secretary of State shall provide assistance to address the health care needs of covered individuals. Such assistance shall include the provision of medical and chronic care services, nursing services, vocational employment training, and medical equipment. (b) For caregivers The Secretary of State shall provide assistance to institutions in Vietnam that provide health care for covered individuals. Such assistance shall include— (1) medicines and medical equipment; (2) custodial care, home care, respite care, and daycare programs; (3) training programs for caregivers; (4) medical, physical rehabilitation, and counseling services and equipment for illnesses and deformities associated with exposure to Agent Orange; and (5) reconstructive surgical programs. (c) For housing and poverty reduction The Secretary of State shall provide assistance to repair and rebuild substandard homes in Vietnam for covered individuals and the families of covered individuals. The Secretary of State shall provide micro grants and loans to facilitate subsistence payments and poverty reduction for covered individuals and families of covered individuals. (d) For environmental remediation (1) In general The Secretary of State shall provide assistance to remediate those geographic areas of Vietnam that the Secretary determines contain high levels of Agent Orange. (2) Priority In providing assistance under this subsection, the Secretary of State shall give priority to heavily sprayed areas, particularly areas that served as military bases where Agent Orange was handled, and areas where heavy spraying and air crashes resulted in harmful deposits of Agent Orange. (e) Administrative authorities The Secretary of State shall— (1) provide assistance under this section (other than assistance under subsection (d)) through appropriate Vietnamese community and nongovernmental organizations and, where necessary, public agencies; (2) provide assistance under this section to affected persons in all areas of Vietnam, including rural, mountainous, and urban areas; (3) encourage strategic alliances between private and public sector partners as a business model for achieving the goals of this section; and (4) seek out and actively encourage other bilateral donors as well as United States and foreign business enterprises in Vietnam to support the goals of this section through development assistance and corporate philanthropy programs. (f) Covered individual defined In this section, the term covered individual means in an individual who— (1) is a resident of Vietnam; and (2) (A) is affected by health issues related to exposure to Agent Orange which took place during the period beginning on January 1, 1961, and ending on May 7, 1975, or who lives or has lived in or near those geographic areas in Vietnam that continue to contain high levels of Agent Orange as described in subsection (d); or (B) is affected by health issues described in subparagraph (A) as the child or descendant of an individual described in subparagraph (A). 4. Public research The Secretary of State and the Secretary of Veterans Affairs shall identify and provide assistance to support research relating to health issues of individuals affected by Agent Orange. Such research should include recommended focus provided by the United States Institute of Medicine as identified in their biennial Veterans and Agent Orange Update, and supported by the active involvement of schools of public health and medicine located in the United States, Vietnam, and other interested countries. 5. Department of Health and Human Services Health Assessment and Assistance for Vietnamese-Americans (a) Health assessment The Secretary of Health and Human Services shall make grants to appropriate public health organizations and Vietnamese-American organizations for the purpose of conducting a broad health assessment of Vietnamese-Americans who may have been exposed to Agent Orange and their children or descendants to determine the effects to their health of such exposure. (b) Assistance The Secretary of Health and Human Services shall establish centers in locations in the United States where large populations of Vietnamese-Americans reside for the purpose of providing assessment, counseling, and treatment for conditions related to exposure to Agent Orange. The Secretary may carry out this subsection through appropriate community and nongovernmental organizations or other suitable organizations, as determined by the Secretary. 6. Provision of benefits for children of male veterans who served in Vietnam who are affected by certain birth defects (a) In general Subchapter II of chapter 18 of title 38, United States Code, is amended— (1) by striking woman Vietnam veteran each place it appears and inserting Vietnam veteran ; (2) by striking women Vietnam veterans each place it appears and inserting Vietnam veterans ; and (3) in the heading of such subchapter, by striking Women . (b) Access to records for research purposes Section 1813(b) of such title is amended— (1) by striking The Secretary and inserting (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall require any health care provider with whom the Secretary enters into a contract under this subsection to provide access to the medical records of individuals who receive health care under this section to the Department of Veterans Affairs for the purpose of conducting research or providing support for research into the intergenerational effects of Agent Orange exposure. . (c) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the item relating to subchapter II and inserting the following new item: Subchapter II—Children of Vietnam Veterans Born With Certain Birth Defects . (d) Effective date The amendments made by this section shall take effect on the date that is 30 days after the date of the enactment of this Act. 7. Deadline for implementation Not later than 180 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each complete a plan for the implementation of the provisions of this Act, and the amendments made by this Act, applicable to such Secretary and shall issue a request for proposals, if applicable. The Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each implement the provisions of this Act applicable to such Secretary by not later than 18 months after the date of the enactment of this Act. 8. Quarterly reports Not later than 30 days after the last day of each fiscal quarter beginning on or after 18 months after the date of the enactment of this Act, the Secretary of State, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs shall each submit to Congress a report on the implementation of the provisions of this Act applicable to such Secretary during the immediately preceding fiscal quarter. 9. Definition For purposes of this Act, the term Agent Orange includes any chemical compound which became part, either by design or through impurities, of an herbicide agent used in support of the United States and allied military operations in the Republic of Vietnam.

https://www.govinfo.gov/content/pkg/BILLS-113hr2519ih/xml/BILLS-113hr2519ih.xml

113-hr-2520

I 113th CONGRESS 1st Session H. R. 2520 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Ms. Michelle Lujan Grisham of New Mexico (for herself and Mr. Cummings ) 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 prohibit 501(c)(4) entities from participating in, or intervening in (including the publishing or distributing of statements), any political campaign. 1. Short title This Act may be cited as the 501(c)(4) Reform Act of 2013 . 2. 501(c)(4) entities prohibited from participating in, or intervening in (including the publishing or distributing of statements), political campaigns (a) In general Subparagraph (A) of section 501(c)(4) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2520ih/xml/BILLS-113hr2520ih.xml

113-hr-2521

I 113th CONGRESS 1st Session H. R. 2521 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Ben Ray Luján of New Mexico (for himself, Ms. Michelle Lujan Grisham of New Mexico , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to expand and intensify programs of the National Institutes of Health and the Centers for Disease Control and Prevention with respect to translational research and related activities concerning cavernous angioma, and for other purposes. 1. Short title This Act may be cited as the Cavernous Angioma Research Resource Act of 2013 . 2. Findings Congress makes the following findings: (1) Cavernous angioma, also termed cerebral cavernous malformations or CCM , affects an estimated 1,500,000 people in the United States. (2) Cavernous angioma is a devastating blood vessel disease that is characterized by the presence of vascular lesions that develop and grow within the brain and spinal cord. (3) Detection of cavernous angioma lesions is achieved through costly and specialized medical imaging techniques. These techniques are often not readily available where patients live, and require sedation for children and disabled adults. (4) Cavernous angioma is a common type of vascular anomaly, but individuals may not be aware that they have the disease until the onset of serious clinical symptoms. In the genetic forms, they may not be aware that it may be passed on to their children. (5) Individuals diagnosed with cavernous angioma may experience neurological deficits, seizure, stroke, or sudden death. (6) Due to limited research with respect to cavernous angioma, there is no treatment regimen for the disease other than brain and spinal surgery. (7) Some individuals with cavernous angioma are not candidates for brain surgery. No alternative treatment option is available for such individuals. (8) There is a shortage of physicians who are familiar with cavernous angioma and affected individuals may find it difficult to receive timely diagnosis and appropriate care. (9) Due to the presence of a specific disease-causing mutation, termed the common Hispanic mutation that has passed through as many as 17 generations of Americans descended from the original Spanish settlers of the Southwest in the 1590s, New Mexico has the highest population density of cavernous angioma in the world. Cavernous angioma affects thousands of individuals in New Mexico and with ancestry in New Mexico. (10) Other States with high rates of cavernous angioma due to the common Hispanic Mutation include Texas, Arizona, and Colorado. (11) To address the public health threat posed by cavernous angioma in New Mexico and throughout the United States, there is a need to identify institutions capable of running clinical trial for this debilitating brain disorder. 3. Cavernous angioma research activities Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding at the end the following: 409K. Cavernous angioma research activities (a) Expansion, Intensification, and Coordination of Activities The Director of NIH, acting through the director of the National Institute of Neurological Disorders and Stroke, shall expand and intensify programs of the National Institutes of Health or may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for research and related activities concerning cavernous angioma. (b) Activities In expanding and intensifying programs under subsection (a), the Director of NIH may carry out the following: (1) Basic, translational, and clinical research Conduct or financially support basic, clinical, and translational research on cavernous angioma, including research on the following: (A) Proteomic, pharmacological, and cell biological analysis of the cerebral cavernous malformations (referred to in this section as the CCM ) molecules. (B) Continued development and expansion of novel animal models for cavernous angioma preclinical research. (C) Early detection, diagnosis, and treatment of cavernous angioma. (D) Biological mechanisms for lesion genesis, development, and maturation. (E) Biological mechanisms for lesion bleeding and symptomology. (F) Novel biomedical and pharmacological interventions designed to prohibit new lesion development, lesion growth, and lesion bleeding. (G) Contributions of genetic variation to clinical presentation as targets for therapy. (H) Identification and development of biomarkers to measure phenotypic variation. (I) Research related to improving the quality of life for individuals with cavernous angioma and their families. (J) Clinical training programs aimed at increasing the number of scientists and clinicians who are trained to treat patients and carry out these research directions. (2) Facilitation of research resources; clinical trial preparedness (A) Coordination Identify and support the development of a clinical and research coordinating center with the potential of coordinating a multi-site clinical drug trial for cavernous angioma. Such coordinating center shall provide a model for additional trial sites, facilitate medical research to develop a cure for cavernous angioma, and enhance the medical care of individuals with cavernous angioma nationwide. Such coordinating center shall— (i) have an institutional infrastructure that is capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (ii) have the capacity to maintain programs dedicated to patient education, patient outreach, and awareness, including— (I) launching a national multimedia public awareness campaign; (II) creating and distributing patient education materials for distribution by national physician and surgeon offices; (III) establishing an education program for elementary and secondary school nurses to facilitate early detection and diagnosis of cavernous angioma in areas of high cavernous angioma population density; (IV) coordinating regular patient and family-oriented educational conferences; and (V) developing nationally relevant electronic health teaching and communication tools and a network of professional capacity and patient and family support; (iii) have the capacity to establish and maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; (iv) have demonstrated clinical expertise in cavernous angioma management; (v) have a sufficient number of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers; and (vi) have a telehealth infrastructure to support and to provide clinical consultation for remote and underserved communities. (B) Participation Identify and support the development of clinical and research participation centers with the potential to participate in a multi-site clinical drug trial for cavernous angioma. Such participation centers may facilitate medical research to develop a cure for cavernous angioma and enhance the medical care of individuals with cavernous angioma in partnership with the coordinating center under subparagraph (A) and other national and international centers. Such participation centers shall— (i) have an institutional infrastructure capable of hosting a clinical trial site and facilitating translational projects and collaborations for clinical trials; (ii) have the capacity to maintain communication with other major cavernous angioma research and care institutions internationally for information sharing and coordination of research activities; (iii) have demonstrated clinical expertise in cavernous angioma management; and (iv) have a sufficient numbers of eligible patients for participation with particular focus on unique subpopulations including Common Hispanic Mutation and CCM3 gene mutation carriers as these unique populations may provide insight to other genetic and non-genetic forms of the illness. (c) Training program for clinicians and scientists (1) In general Eligible coordinating and participation centers under this section shall establish or expand training programs for medical and allied health clinicians and scientists in clinical practice and research relevant to cavernous angioma. (2) Research resources In carrying out this subsection, the Director of NIH may— (A) use information collected by the National Institutes of Health pursuant to other provisions of law or prior to the date of the enactment of this section; (B) take into consideration the availability of other research resources; (C) encourage the use of research resources for research on, and development of, therapies and treatments for individuals with cavernous angioma; and (D) encourage the inclusion of individuals with cavernous angioma in clinical trials conducted or supported by the National Institutes of Health. (3) Cavernous angioma consortium The Director of NIH may provide for the participation of agencies of the National Institutes of Health in a consortium to facilitate the exchange of information and to make the research effort on cavernous angioma more efficient and effective by ensuring consistent communication, minimizing duplication of effort, and integrating the varied perspectives of partner agencies, organizations, and individuals. Such consortium shall include at least one national cavernous angioma patient advocacy organization and may be the same consortium receiving a grant or contract under subsection (b)(2)(A). . 4. Centers for Disease Control and Prevention cavernous angioma surveillance and research programs 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. Cavernous angioma surveillance and research programs (a) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants and cooperative agreements to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the collection, analysis, and reporting of data on cavernous angioma. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. (b) National Cavernous Angioma Epidemiology Program (1) Grants The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may award grants to public or nonprofit private entities (including State health departments, political subdivisions of States, universities, and other educational entities) for the purpose of carrying out epidemiological activities regarding cavernous angioma, including collecting and analyzing information on the number, incidence, correlates, and symptoms of cases and the clinical utility (including costs and benefits) of specific practice patterns. In making such awards, the Secretary may provide direct technical assistance, including personnel support, in lieu of cash. (2) National surveillance program In carrying out subsection (a), the Secretary shall— (A) provide for a national surveillance program; and (B) where possible, ensure that the surveillance program is coordinated with the data and sample collection activities of the National Institutes of Health under section 409K. . 5. Food and Drug Administration cavernous angioma clinical trial preparedness and support program (a) Investigational new drug application The Commissioner of Food and Drugs shall work with clinical centers, investigators, and advocates to support appropriate investigational new drug application under section 505(i) of the Federal Food, Drug, and Cosmetic Act in an effort to hasten the pace of clinical trials for cavernous angioma. (b) Orphan product development Where applicable in rare subpopulations of cavernous angioma requiring unique pharmacological intervention, including those with the Common Hispanic Mutation or CCM3 gene mutations, the Commissioner of Food and Drugs shall support appropriate requests for designations of drugs as orphan drugs under section 526 of the Federal Food, Drug, and Cosmetic Act. 6. Report to congress Not later than January 1, 2015, and each January 1 thereafter, the Secretary of Health and Human Services shall prepare and submit to the appropriate committees of the Congress a report concerning the implementation of this Act and the amendments made by this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2521ih/xml/BILLS-113hr2521ih.xml

113-hr-2522

I 113th CONGRESS 1st Session H. R. 2522 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mrs. Carolyn B. Maloney of New York (for herself and Ms. Norton ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve and make permanent the Department of Veterans Affairs loan guarantee for the purchase of residential cooperative housing units, and for other purposes. 1. Short title This Act may be cited as the Fair Access to Co-ops for Veterans Act . 2. Improvement of Department of Veterans Affairs loan guarantee for purchase of residential cooperative housing units (a) In general Section 3710 of title 38, United States Code, is amended— (1) in subsection (a)(12), by striking and before the date that is five years after that date, ; and (2) in subsection (h)— (A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (B) by inserting after paragraph (1) the following new paragraph (2): (2) In prescribing regulations to carry out subsection (a)(12) the Secretary shall ensure that a loan for the purchase of stock or membership in a cooperative housing corporation that has been reviewed and approved by a lender approved by the Federal National Mortgage Association is not denied. . (b) Authority To advertise The Secretary of Veterans Affairs shall use the authority of the Secretary under section 532 of title 38, United States Code, to advertise the availability of loan guarantees for housing cooperative share loans under section 3710(a)(12) of such title and shall take such other appropriate actions as may be necessary to notify eligible veterans, participating lenders, and interested realtors of the availability of such loan guarantees and the procedures and requirements that apply to the obtaining of such guarantees.

https://www.govinfo.gov/content/pkg/BILLS-113hr2522ih/xml/BILLS-113hr2522ih.xml

113-hr-2523

I 113th CONGRESS 1st Session H. R. 2523 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Nadler (for himself, Ms. Pelosi , Mr. Hoyer , Mr. Clyburn , Mr. Conyers , Mr. Polis , Mr. Cicilline , Mr. Sean Patrick Maloney of New York , Mr. Pocan , Ms. Sinema , Mr. Takano , Mr. Andrews , Mr. Barber , Ms. Bass , Mr. Becerra , Mr. Bishop of New York , Mr. Blumenauer , Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brownley of California , Mrs. Capps , Mr. Capuano , Mr. Cárdenas , Mr. Carney , Mr. Cartwright , Ms. Castor of Florida , Mr. Castro of Texas , Mrs. Christensen , Ms. Chu , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Cohen , Mr. Connolly , Mr. Courtney , Mr. Crowley , Mr. Cummings , Mr. Danny K. Davis of Illinois , Mrs. Davis of California , Mr. DeFazio , Ms. DeGette , Mr. Delaney , Ms. DeLauro , Ms. DelBene , Mr. Deutch , Mr. Dingell , Mr. Doggett , Mr. Doyle , Ms. Edwards , Mr. Ellison , Mr. Engel , Ms. Eshoo , Ms. Esty , Mr. Farr , Mr. Fattah , Mr. Foster , Ms. Fudge , Ms. Gabbard , Mr. Garamendi , Mr. Grayson , Mr. Al Green of Texas , Mr. Grijalva , Mr. Gutiérrez , Ms. Hahn , Ms. Hanabusa , Mr. Hanna , Mr. Hastings of Florida , Mr. Heck of Washington , Mr. Higgins , Mr. Himes , Mr. Holt , Mr. Honda , Mr. Horsford , Mr. Huffman , Mr. Israel , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Keating , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mrs. Kirkpatrick , Ms. Kuster , Mr. Langevin , Mr. Larsen of Washington , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mr. Lowenthal , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Mr. Lynch , Mr. Maffei , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. Meeks , Ms. Meng , Mr. Michaud , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mrs. Napolitano , Mrs. Negrete McLeod , Mr. Nolan , Ms. Norton , Mr. O’Rourke , Mr. Owens , Mr. Pallone , Mr. Pascrell , Mr. Pastor of Arizona , Mr. Peters of Michigan , Ms. Pingree of Maine , Mr. Price of North Carolina , Mr. Quigley , Mr. Rangel , Ms. Ros-Lehtinen , Ms. Roybal-Allard , Mr. Rush , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Ms. Schwartz , Mr. Scott of Virginia , Mr. Serrano , Ms. Shea-Porter , Mr. Sherman , Mr. Sires , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Swalwell of California , Mr. Thompson of California , Mr. Tierney , Ms. Titus , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Vargas , Mr. Veasey , Ms. Velázquez , Mr. Walz , Ms. Wasserman Schultz , Mr. Watt , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , and Mr. Yarmuth ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal the Defense of Marriage Act and ensure respect for State regulation of marriage. 1. Short title This Act may be cited as the Respect for Marriage Act . 2. Repeal of section added to title 28, United States Code, by section 2 of the Defense of Marriage Act Section 1738C of title 28, United States Code, is repealed, and the table of sections at the beginning of chapter 115 of title 28, United States Code, is amended by striking the item relating to that section. 3. Marriage recognition Section 7 of title 1, United States Code, is amended to read as follows: 7. Marriage (a) For the purposes of any Federal law in which marital status is a factor, an individual shall be considered married if that individual’s marriage is valid in the State where the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place where entered into and the marriage could have been entered into in a State. (b) In this section, the term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2523ih/xml/BILLS-113hr2523ih.xml

113-hr-2524

I 113th CONGRESS 1st Session H. R. 2524 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Paulsen (for himself, Mr. Kind , Mr. Griffin of Arkansas , and Ms. Fudge ) 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 establish a program to provide incentive payments to participating Medicare beneficiaries who voluntarily establish and maintain better health. 1. Short title This Act may be cited as the Medicare Better Health Rewards Program Act of 2013 . 2. Medicare Better Health Rewards Program Part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) is amended by adding at the end the following new section: 1849. Medicare Better Health Rewards Program (a) In general The Secretary shall establish a Better Health Rewards Program (in this section referred to as the Program ) under which incentives are provided to Medicare beneficiaries who voluntarily agree to participate in the Program. (b) Enrollment A health professional participating in the Program shall provide their patients who are Medicare beneficiaries with a description of and an opportunity to enroll in the Program on a voluntary basis. If a Medicare beneficiary elects to enroll in the Program, the health professional shall inform the Secretary of the individual's enrollment through a process established by the Secretary, which does not impose additional administrative requirements on the participating health professional. (c) Establishment of better health target standards (1) In general (A) Establishment The Secretary shall establish standards for measuring better health targets and points for achieving such standards for participating Medicare beneficiaries, including such standards and points with respect to the following: (i) Annual wellness visit. (ii) Tobacco cessation. (iii) Body Mass Index (BMI). (iv) Diabetes screening test. (v) Cardiovascular disease screening. (vi) Cholesterol level screening. (vii) Screening tests and specified vaccinations. (B) Consultation In establishing standards and points for achieving such standards under this subsection, the Secretary— (i) shall consult with 1 or more nationally recognized health care quality organizations, as determined appropriate by the Secretary; and (ii) may consult with physicians and other professionals experienced with well­ness programs. (C) Points The number of points awarded for a year for achieving standards with respect to each of the targets described in clauses (i) through (vii) of subparagraph (A) shall not exceed 5. Such points may be awarded on a sliding scale, based on standards established under this subsection, as determined appropriate by the Secretary. (2) Modification of better health target standards and assigned points (A) In general The Secretary may modify standards for measuring better health targets and, subject to paragraph (1)(C), points for achieving such standards for participating Medicare beneficiaries under this subsection. (B) Consultation In modifying standards and points for achieving such standards under this paragraph, the Secretary— (i) shall consult with 1 or more nationally recognized health care quality organizations, as determined appropriate by the Secretary; and (ii) may consult with physicians and other professionals experienced with well­ness programs. (d) Conduct of program (1) Duration (A) In general Subject to subparagraph (B), the Program shall be conducted for not less than a 3-year period. (B) Expansion The Secretary shall expand the duration and scope of the Program, to the extent determined appropriate by the Secretary, if— (i) the Secretary determines that such expansion is expected to— (I) reduce spending under this title without reducing the quality of care; or (II) improve the quality of care and reduce spending; (ii) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such expansion would reduce program spending under this title; and (iii) the Secretary determines that such expansion would not deny or limit the coverage or provision of benefits under this title for individuals. (2) Collection and use of baseline data During the first year of the Program, a health professional shall establish and report to the Secretary baseline information for each participating Medicare beneficiary who is a patient of the health professional as part of that beneficiary’s first year assessment under paragraph (3)(A). The health professional shall use such data to aid in the determination of whether and to what extent the participating Medicare beneficiary is meeting the target standards under subsection (c) in each of years 2 and 3 of the Program. (3) Required assessments for participating Medicare beneficiaries (A) First year During year 1 of the Program, a health professional shall furnish to each participating Medicare beneficiary that is a patient of the health professional either an annual wellness visit or an initial preventive physical examination. (B) Second and third years During each of years 2 and 3 of the Program, a health professional shall furnish to each participating Medicare beneficiary that is a patient of the health professional an annual wellness visit to determine whether and to what extent the participating Medicare beneficiary has met the target standards under subsection (c). (e) Determination of points and payment of incentives (1) Determination of points During each of years 2 and 3 of the Program, a health professional shall— (A) evaluate and report to the Secretary whether each participating Medicare beneficiary that is a patient of the health professional has achieved the target standards under subsection (c); and (B) determine the total amount of points that each such participating Medicare beneficiary has achieved for the year based on the points assigned for achieving such standards under subsection (c). (2) Incentive payment (A) In general The Secretary shall pay to each participating Medicare beneficiary who achieves at least 20 points under paragraph (1)(B) for the year an incentive payment. Such payment shall be equal to an amount determined appropriate by the Secretary, but no case shall such amount exceed the following: Points Year 2 Payment Amount Year 3 or a Subsequent Year Payment Amount 20–24 points $100 $200 25 or more points $200 $400. (B) Inflation adjustment The dollar amounts specified in this paragraph shall be increased, beginning with 2017, from year to year based on the percentage increase in the consumer price index for all urban consumers (all items; United States city average), rounded to the nearest $1. (3) Final determination of standards achievement made by participating health professional Under the Program, a participating health professional shall make the final determination as to whether or not a participating Medicare beneficiary has met the target standards under subsection (c) and what screening tests and specified vaccinations, or other services, are necessary for purposes of making such determination. (f) Spending benchmarks (1) In general The Secretary shall collect relevant data, including data on claims paid under this title for services furnished to participating Medicare beneficiaries during the Program, for purposes of determining the aggregate estimated savings achieved under this title for participating Medicare beneficiaries during each of years 2 and 3 of the Program in accordance with paragraph (2) (and for a subsequent year if the Program is expanded under subsection (d)(1)(B)). (2) Determination of aggregate estimated savings (A) In general The amount of the aggregate estimated savings under this title for participating Medicare beneficiaries under paragraph (1), with respect to a year, shall be equal to— (i) the estimated savings determined under subparagraph (B) for the year; minus (ii) the aggregate incentive payments made under the Program during the year. (B) Determination of estimated savings For purposes of subparagraph (A)(i), the estimated savings determined under this subparagraph for a year shall be equal to— (i) the estimated aggregate expenditures under this title (as projected under subparagraph (C)) for the year; minus (ii) the actual aggregate expenditures under this title (as determined by the Secretary and taking into account any reduction in specific health risks of the participating Medicare beneficiaries) for the year. (C) Projection of estimated aggregate claims cost (i) Benchmark base year The Secretary shall establish a benchmark base year amount of expenditures under this title for participating Medicare beneficiaries during year 1 of the Program. (ii) Projection The Secretary shall use the benchmark base year amount established under clause (i) to project the estimated aggregate expenditures for all participating Medicare beneficiaries during each of years 2 and 3 of the Program as if the beneficiaries were not participating in the Program. In making such projection, the Secretary may include adjustments for health status or other specific risk factors and geographic variation for the participating Medicare beneficiaries. (D) Public report of determination and other Program information Not later than 90 days after determining the aggregate estimated savings (if any) under subparagraph (A) with respect to a year, the Secretary shall make available to the public a report containing a description of the amount of the savings determined, including the methodology and any other calculations or determinations involved in the determination of such amount. Such report shall include— (i) a description of any reduction in specific health risks of participating Medicare beneficiaries identified by the Secretary; (ii) a description of— (I) standards for measuring better health targets under subsection (c); and (II) the points available for achieving each such standard under that subsection; and (iii) recommendations for such legislation and administrative action as the Secretary determines appropriate. (3) Monitoring of Program costs During the operation of the Program, the Chief Actuary of the Centers for Medicare & Medicaid Services shall— (A) monitor the Program to determine whether or not the Program is reducing aggregate expenditures under this title; and (B) submit to the Secretary an annual report on the results of such monitoring. (4) Required action if aggregate incentive payments exceed savings If the Secretary, taking into account the reports under paragraph (3)(B), determines that the aggregate expenditures under this title exceed the aggregate expenditures under this title that would have been made if the Program had not been implemented, the Secretary shall provide for changes to the provisions of the program in order to eliminate such excess. (g) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this section. (h) Definitions In this section: (1) Annual wellness visit The term annual wellness visit includes personalized prevention plan services (as defined in section 1861(hhh)(1)). (2) Health professional The term health professional includes a physician (as defined in section 1861(r)(1)) and a practitioner described in clause (i) of section 1842(b)(18)(C). (3) Initial preventive physical examination The term initial preventive physical examination has the meaning given that term in section 1861(ww)(1). (4) Medicare beneficiary The term Medicare beneficiary means an individual enrolled in part B. (5) Participating Medicare beneficiary The term participating Medicare beneficiary means a Medicare beneficiary who enrolls in the Program under subsection (b). (6) Screening tests The term screening tests means any of the following that are determined by a health professional to be appropriate for a participating Medicare beneficiary: (A) Colorectal cancer screening tests (as defined in section 1861(pp)). (B) Screening mammography (as described in section 1861(jj)). (C) Screening pap smear and screening pelvic exam (as defined in section 1861(nn)). (D) Screening for glaucoma (as defined in section 1861(uu)). (E) Bone mass measurement (as defined in section 1861(rr)) for qualified individuals described in paragraph (2)(A) of such section. (F) HIV screening for high-risk groups (as identified by the Secretary). (7) Specified vaccinations The term specified vaccinations means the vaccinations described in section 1861(ww)(1) that are determined by a health professional to be appropriate for a participating Medicare beneficiary. . 3. Participation by Medicare Advantage plans Section 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the following new subsection: (h) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for plan years beginning on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 , a Medicare Advantage organization may provide to individuals enrolled in an MA plan offered by the organization incentive payments, including cash, cash-equivalent, or other types of incentives, for voluntary participation in a Better Health Rewards Program (in this subsection referred to as the Program ) that rewards individuals for meeting certain health targets established by the Secretary. (2) Limitation In no case shall the monthly bid amount submitted by a Medicare Advantage organization under section 1834(a)(6) (or the monthly premium charged by the organization under section 1854(b)) with respect to an MA plan offered by the organization take into account any incentive payments made to enrollees under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A Medicare Advantage organization seeking to participate in the Program shall— (A) notify the Secretary of the organization's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which enrollees participate in the Program; (II) the scores of those enrollees with respect to applicable health targets under the Program; and (III) the incentives enrollees receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this subsection. . 4. Participation of section 1876 cost plans Section 1876 of the Social Security Act (42 U.S.C. 1395mm) is amended by inserting at the end the following: (l) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for contract periods beginning on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 , an eligible organization may provide to members enrolled under this section with the organization incentive payments, including cash, cash-equivalent, or other types of incentives, for voluntary participation in a Better Health Rewards Program (in this subsection referred to as the Program ) that rewards members for meeting certain health targets established by the Secretary. (2) Limitation In no case shall the payment to an eligible organization under this section (or the premium rate charged by the organization under this section) with respect to members enrolled with the organization take into account any incentive payments made to members under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information An eligible organization seeking to participate in the Program shall— (A) notify the Secretary of the organization's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which members participate in the Program; (II) the scores of those members with respect to applicable health targets under the Program; and (III) the incentives members receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI and XVIII as may be necessary to carry out the purposes of the Program established under this subsection. . 5. Participation of Programs of All-inclusive Care for the Elderly (PACE) (a) Medicare Section 1894 of the Social Security Act (42 U.S.C. 1395eee) is amended by adding at the end the following new subsection: (j) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for PACE program agreements entered into on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 , a PACE provider may provide to PACE program eligible individuals enrolled under this section with the PACE provider incentive payments, including cash, cash-equivalent, or other types of incentives, for voluntary participation in a Better Health Rewards Program (in this subsection referred to as the Program ) that rewards enrollees for meeting certain health targets established by the Secretary. (2) Limitation In no case shall the payment to a PACE provider under this section (or any premium charged by the provider under this section) with respect to PACE program eligible individuals enrolled with the PACE provider take into account any incentive payments made to individuals under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A PACE provider seeking to participate in the Program shall— (A) notify the Secretary of the PACE provider's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which PACE program eligible individuals enrolled with the PACE provider participate in the Program; (II) the scores of those individuals with respect to applicable health targets under the Program; and (III) the incentives individuals receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI, XVIII, and XIX as may be necessary to carry out the purposes of the Program established under this subsection. . (b) Medicaid Section 1934 of the Social Security Act ( 42 U.S.C. 1396u–4 ) is amended by adding at the end the following new subsection: (k) Providing incentives for voluntary participation in a Better Health Rewards Program (1) In general Effective for PACE program agreements entered into on or after the date of enactment of the Medicare Better Health Rewards Program Act of 2013 , a PACE provider may provide to PACE program eligible individuals enrolled under this section with the PACE provider incentive payments, including cash, cash-equivalent, or other types of incentives, for voluntary participation in a Better Health Rewards Program (in this subsection referred to as the Program ) that rewards enrollees for meeting certain health targets established by the Secretary. (2) Limitation In no case shall the payment to a PACE provider under this section (or any premium charged by the provider under this section) with respect to PACE program eligible individuals enrolled with the PACE provider take into account any incentive payments made to individuals under the Program. (3) Implementation The Program under this subsection shall be conducted in a similar manner to the manner in which the program under section 1849 is conducted, in accordance with standards established by the Secretary. (4) Notification and provision of information A PACE provider seeking to participate in the Program shall— (A) notify the Secretary of the PACE provider's intent to participate in the Program; and (B) agree to provide to the Secretary— (i) information regarding— (I) which PACE program eligible individuals enrolled with the PACE provider participate in the Program; (II) the scores of those individuals with respect to applicable health targets under the Program; and (III) the incentives individuals receive for meeting such health targets; and (ii) any other information specified by the Secretary for purposes of this subsection. (5) Waiver authority The Secretary may waive such requirements of titles XI, XVIII, and XIX as may be necessary to carry out the purposes of the Program established under this subsection. . 6. Exclusion of incentive payments (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section: 139E. Medicare Better Health Rewards payments Gross income shall not include any payment made under the following programs: (1) The Medicare Better Health Rewards Program established under section 1849 of the Social Security Act. (2) A Better Health Rewards Program established pursuant to section 1859(h), 1876(l), 1894(j), or 1934(k) of the Social Security Act. . (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Medicare Better Health Rewards payments. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2524ih/xml/BILLS-113hr2524ih.xml

113-hr-2525

I 113th CONGRESS 1st Session H. R. 2525 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Salmon (for himself and Mr. Andrews ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to authorize nonprofit institutions of higher education to provide payment to certain third-party entities. 1. Short title This Act may be cited as the Collaborative College Services Act . 2. Payment for certain third-party entities Section 487(a)(20) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a)(20) ) is amended by adding at the end the following: Notwithstanding the preceding sentence, an institution described in section 101 may provide payment, based on the amount of tuition generated by the institution from student enrollment, to a third-party entity that provides a set of services to the institution that includes student recruitment services, regardless of whether the third-party entity is affiliated with an institution that provides educational services other than the institution providing such payment, if— (A) the third-party entity is not otherwise affiliated with the institution providing such payment; (B) the third-party entity does not make compensation payments to its employees that are prohibited under this paragraph; (C) the set of services provided to the institution by the third-party entity include services other than student recruitment services, and the institution does not pay the third-party entity solely for student recruitment services provided by the third-party entity; and (D) any student recruitment information available to the third-party entity, including personally identifiable information, will not be used by, shared with, or sold to any other person or entity, including any institution that is affiliated with the third-party entity. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2525ih/xml/BILLS-113hr2525ih.xml

113-hr-2526

I 113th CONGRESS 1st Session H. R. 2526 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Mr. Scott of Virginia introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to add a Federal defender representative as a nonvoting member of the United States Sentencing Commission, and for other purposes. 1. Federal defender representative as a nonvoting member of U.S. Sentencing Commission Subsection (a) of section 991 of title 28, United States Code, is amended— (1) by striking one nonvoting member. at the end of the first sentence and inserting two nonvoting members. ; and (2) by inserting before the last sentence the following: A Federal defender representative designated by the Judicial Conference of the United States shall be a nonvoting member of the Commission. . 2. Conforming amendment The final sentence of section 235(b)(5) of the Comprehensive Crime Control Act of 1984 (18 U.S.C. 3551 note) is amended by striking nine members, including two ex officio, nonvoting members and inserting ten members, including three nonvoting members .

https://www.govinfo.gov/content/pkg/BILLS-113hr2526ih/xml/BILLS-113hr2526ih.xml

113-hr-2527

I 113th CONGRESS 1st Session H. R. 2527 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Ms. Titus (for herself, Ms. Meng , Ms. Shea-Porter , Mr. Jones , Ms. Clarke , Ms. Frankel of Florida , Ms. Bonamici , Ms. Esty , Mr. Loebsack , Mr. Ryan of Ohio , Mr. Cartwright , Ms. Schakowsky , Ms. Kuster , Ms. Gabbard , and Ms. Sinema ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide veterans with counseling and treatment for sexual trauma that occurred during inactive duty training. 1. Counseling and treatment for sexual trauma occurring during inactive duty for training Section 1720D of title 38, United States Code, is amended— (1) in subsection (a)(1), by striking active duty or active duty for training and inserting active duty, active duty for training, or inactive duty training ; and (2) in subsection (f)— (A) by striking this section, the and inserting the following: this section: (1) The ; and (B) by adding at the end the following new paragraph: (2) The term veteran , with respect to inactive duty training described in subsection (a)(1), also includes an individual who— (A) is not otherwise eligible for the benefits of this chapter; and (B) while serving in the reserve components of the Armed Forces, performed such inactive duty training but did not serve on active duty. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2527ih/xml/BILLS-113hr2527ih.xml

113-hr-2528

I 113th CONGRESS 1st Session H. R. 2528 IN THE HOUSE OF REPRESENTATIVES June 26, 2013 Ms. Titus (for herself and Mr. Horsford ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , 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 establish a task force in the Department of Veterans Affairs to assess the retention and training of claims processors. 1. Establishment of task force on retention and training of Department of Veterans Affairs claims processors and adjudicators (a) Establishment The Secretary of Veterans Affairs shall establish a task force to assess retention and training of claims processors and adjudicators that are employed by the Department of Veterans Affairs and other Federal agencies and departments. (b) Composition The task force shall be composed of the following: (1) The Secretary of Veterans Affairs. (2) The Director of the Office of Personnel Management. (3) The Commissioner of Social Security. (4) An employee of the Department of Veterans Affairs selected by the Secretary of Veterans Affairs who is— (A) a veteran service representative; (B) a rating veteran service representative; or (C) a decision review officer. (5) An individual selected by the Secretary who represents an organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code. (6) Such other individuals selected by the Secretary who represent such other organizations and institutions as the Secretary considers appropriate. (c) Duration The task force established under subsection (a) shall terminate not later than two years after the date on which the task force is established under such subsection. (d) Duties The duties of the task force are as follows: (1) To identify key skills required by claims processors and adjudicators to perform the duties of claims processors and adjudicators in the various claims processing and adjudication positions throughout the Federal Government. (2) To identify reasons for employee attrition from claims processing positions. (3) Not later than one year after the date of the establishment of the task force, to develop a Governmentwide strategic and operational plan for promoting employment of veterans in claims processing positions in the Federal Government. (4) To coordinate with educational institutions to develop training and programs of education for members of the Armed Forces to prepare such members for employment in claims processing and adjudication positions in the Federal Government. (5) To identify and coordinate offices of the Department of Defense and the Department of Veterans Affairs located throughout the United States to provide information about, and promotion of, available claims processing positions to members of the Armed Forces transitioning to civilian life and to veterans with disabilities. (6) To establish performance measures to assess the plan developed under paragraph (3), to assess the implementation of such plan, and revise such plan as the task force considers appropriate. (7) To establish performance measures to evaluate the effectiveness of the task force. (e) Reports (1) Submittal of plan Not later than one year after the date of the establishment of the task force, the Secretary of Veterans Affairs shall submit to Congress a report on the plan developed by the task force under subsection (d)(3). (2) Assessment of implementation Not later than 120 days after the termination of the task force, the Secretary shall submit to Congress a report that assesses the implementation of the plan developed by the task force under subsection (d)(3).

https://www.govinfo.gov/content/pkg/BILLS-113hr2528ih/xml/BILLS-113hr2528ih.xml

113-hr-2529

I 113th CONGRESS 1st Session H. R. 2529 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Ms. Titus (for herself and Mr. Smith of Washington ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to amend the definition of the term spouse to recognize new State definitions of such term for the purpose of the laws administered by the Secretary of Veterans Affairs. 1. Short title This Act may be cited as the Veteran Spouses Equal Treatment Act . 2. Definition of spouse for purposes of veteran benefits to reflect new state definitions of spouse Section 101 of title 38, United States Code, is amended— (1) in paragraph (3), by striking of the opposite sex ; and (2) by striking paragraph (31) and inserting the following new paragraph: (31) Notwithstanding section 7 of title 1, an individual shall be considered a spouse if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term State has the meaning given that term in paragraph (20), except that the term also includes the Commonwealth of the Northern Mariana Islands. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2529ih/xml/BILLS-113hr2529ih.xml

113-hr-2530

I 113th CONGRESS 1st Session H. R. 2530 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Roskam introduced the following bill; which was referred to the Committee on Ways and Means A BILL To improve transparency and efficiency with respect to audits and communications between taxpayers and the Internal Revenue Service. 1. Short title This Act may be cited as the Taxpayer Transparency and Efficient Audit Act . 2. Deadline for responses to taxpayer correspondence Not later than 30 days after receiving any written correspondence from a taxpayer, the Internal Revenue Service shall provide a substantive written response. For purposes of the preceding sentence, an acknowledgment letter shall not be treated as a substantive response. 3. Taxpayer notification of disclosures by IRS of taxpayer information (a) In general Not later than 30 days after disclosing any taxpayer information to any agency or instrumentality of Federal, State, or local government, the Internal Revenue Service shall provide a written notification to the taxpayer describing— (1) the information disclosed, (2) to whom it was disclosed, and (3) the date of disclosure. (b) Exception Subsection (a) shall not apply if the Secretary of the Treasury, or the Secretary’s designee, determines that such notification would be detrimental to an ongoing criminal investigation or pose a risk to national security. 4. Deadline for conclusion of audits of individual taxpayers Any audit of a tax return of an individual by the Internal Revenue Service shall be concluded not later than 1 year after the date of the initiation of such audit and the Internal Revenue Service shall not assess any tax with respect to which such audit relates after the conclusion of such audit.

https://www.govinfo.gov/content/pkg/BILLS-113hr2530ih/xml/BILLS-113hr2530ih.xml

113-hr-2531

I 113th CONGRESS 1st Session H. R. 2531 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Roskam introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Internal Revenue Service from asking taxpayers questions regarding religious, political, or social beliefs. 1. Short title This Act may be cited as the Protecting Taxpayers from Intrusive IRS Requests Act . 2. Prohibition on questions regarding religious, political, or social beliefs (a) In general The Internal Revenue Service shall not ask any taxpayer any question regarding religious, political, or social beliefs. (b) Sense of Congress regarding exceptions It is the sense of Congress that— (1) any exceptions to subsection (a) which are provided by later enacted provisions of law should identify the specific questions which are authorized, the class of taxpayers to which such questions are authorized to be asked, and the circumstances under which such questions are authorized to be asked, and (2) if the Commissioner of the Internal Revenue Service determines that asking any class of taxpayers a question prohibited under subsection (a) would aid in the efficient administration of the tax laws, such Commissioner should submit a report to Congress which— (A) includes such question in the verbatim form in which it is to be asked, (B) describes the class of taxpayers to whom the question is to be asked, and (C) describes the circumstances that would be required to exist before the question would be asked.

https://www.govinfo.gov/content/pkg/BILLS-113hr2531ih/xml/BILLS-113hr2531ih.xml

113-hr-2532

I 113th CONGRESS 1st Session H. R. 2532 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Roskam introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide for the establishment of new procedures at the Internal Revenue Service, and for other purposes. 1. Short title This Act may be cited as the Integrity Restoration Strategy Act of 2013 or as the IRS Act of 2013 . 2. Determinations of tax-exempt status If the Internal Revenue Service receives an application for recognition of tax-exempt status for any organization and the Internal Revenue Service responds to such application with a request for additional information— (1) such request shall include a due date for providing such additional information which shall be expressed as a number of days (not less than 30 days) from the date on which such request is sent, (2) if no response from the applicant is received by the Internal Revenue Service by such due date, the Internal Revenue Service shall conclude that the applicant has not taken the steps necessary to file for tax-exempt status, (3) if a response from the applicant is received by the Internal Revenue Service by such due date, the Internal Revenue Service shall have the same number of days to provide a written substantive response to the applicant’s response as the number of days referred to in paragraph (1), and (4) if the Internal Revenue Service fails to provide such written substantive response before the deadline under paragraph (3), the applicant’s application for tax-exempt status shall be deemed to have been approved unless the Internal Revenue Service demonstrates to a court of competent jurisdiction that the organization does not qualify for such status. 3. Internal Revenue Service required to implement recommendations relating to the use of inappropriate criteria in the review of applications for tax-exempt status (a) In general Not later than 1 year after the date of the enactment of this Act, the Commissioner of the Internal Revenue Service shall complete implementation of all of the recommendations set out in the report the Treasury Inspector General for Tax Administration titled Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review . (b) Report to Congress Not later than 90 days after the 1-year period beginning on the date of the enactment of this Act (or, if earlier, 90 days after the Commissioner completes the implementation of the recommendations referred to in subsection (a)), the Treasury Inspector General for Tax Administration shall submit a report to Congress which includes— (1) the determination of such Inspector General as to whether all of the recommendations referred to in subsection (a) have been implemented, (2) a detailed description of such implementation, and (3) any recommendations of such Inspector General regarding further implementation. 4. Establishment of new procedures, etc (a) In general The Commissioner of the Internal Revenue Service shall establish new procedures, accountability measures, and supervisory positions to ensure that proper supervision and oversight is provided to all departments of the Internal Revenue Service. (b) Report to Congress The Commissioner of the Internal Revenue Service shall provide quarterly reports to Congress providing detailed descriptions of— (1) the procedures, measures, and positions described in subsection (a) which have been established since May 13, 2013, and (2) the employment status of employees found responsible for targeting conservative groups.

https://www.govinfo.gov/content/pkg/BILLS-113hr2532ih/xml/BILLS-113hr2532ih.xml

113-hr-2533

I 113th CONGRESS 1st Session H. R. 2533 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Roskam introduced the following bill; which was referred to the Committee on Ways and Means A BILL To impose a moratorium on conferences held by the Internal Revenue Service. 1. Short title This Act may be cited as the Stop Playing on Citizen’s Cash Act . 2. Moratorium on IRS conferences The Internal Revenue Service shall not hold any conference until— (1) the Treasury Inspector General for Tax Administration submits a report to Congress— (A) certifying that the Internal Revenue Service has implemented all of the recommendations set out in such Inspector General’s report titled Review of the August 2010 Small Business/Self-Employed Division’s Conference in Anaheim, California , and (B) describing such implementation, and (2) the Internal Revenue Service is authorized by law (enacted after the date of the enactment of this Act) to resume holding conferences.

https://www.govinfo.gov/content/pkg/BILLS-113hr2533ih/xml/BILLS-113hr2533ih.xml

113-hr-2534

I 113th CONGRESS 1st Session H. R. 2534 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Whitfield (for himself and Ms. Schwartz ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide $50,000,000,000 in new transportation infrastructure funding through bonding to empower States and local governments to complete significant infrastructure projects across all modes of transportation, including roads, bridges, rail and transit systems, ports, and inland waterways, and for other purposes. 1. Short title This Act may be cited as the Transportation and Regional Infrastructure Project Bonds Act of 2013 or TRIP Bonds Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) Our Nation's highways, transit systems, railroads, ports, and inland waterways drive our economy, enabling all industries to achieve growth and productivity that makes America strong and prosperous. (2) The establishment, maintenance, and improvement of the national transportation network is a national priority, for economic, environmental, energy, security, and other reasons. (3) The ability to move people and goods is critical to maintaining State, metropolitan, rural, and local economies. (4) The construction of infrastructure requires combining skills from numerous occupations, including those in the contracting, engineering, planning and design, materials supply, manufacturing, distribution, and safety industries. (5) Investing in transportation infrastructure creates long-term capital assets for the Nation that will help the United States address its enormous infrastructure needs and improve its economic productivity. (6) Investment in transportation infrastructure creates jobs and spurs economic activity to put people back to work and stimulate the economy. (7) Every billion dollars in transportation investment has the potential to create up to 30,000 jobs. (8) Every dollar invested in the Nation's transportation infrastructure yields at least $5.70 in economic benefits because of reduced delays, improved safety, and reduced vehicle operating costs. (9) Numerous experts have noted that the estimated cost to maintain and improve our Nation's highways, bridges, and other critical transportation infrastructure significantly exceeds what is currently being provided by all levels of government. (b) Purpose The purpose of this Act is to provide financing for additional transportation infrastructure capital investments. 3. Credit to holders of TRIP bonds (a) In general Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 54G. TRIP bonds (a) TRIP bond For purposes of this subpart, the term TRIP bond means any bond issued as part of an issue if— (1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a State infrastructure bank, (2) the bond is issued by or for the benefit of a State infrastructure bank and is in registered form (within the meaning of section 149(a)), (3) the State infrastructure bank designates such bond for purposes of this section, (4) the term of each bond which is part of such issue does not exceed 30 years, (5) the issue meets the requirements of subsection (e), (6) the State infrastructure bank certifies that the State meets the State contribution requirement of subsection (h), as in effect on the date of issuance, and (7) the State infrastructure bank certifies the State meets the requirement described in subsection (i). (b) Qualified project For purposes of this section— (1) In general The term qualified project means a capital transportation infrastructure project of any governmental unit or other person, including roads, bridges, rail and transit systems, ports, and inland waterways proposed and approved by a State infrastructure bank, but does not include costs of operations or maintenance with respect to such project. (2) Certain projects Such term also includes any flood damage risk reduction project with a completed Report of the Chief of Engineers, with the proceeds of issued bonds available for a State to provide to the United States Army Corps of Engineers (under section 5 of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes, approved June 22, 1936 ( 33 U.S.C. 701h )) funds in excess of any required non-Federal cost share for such project. (c) Applicable credit rate In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding comparable-term corporate debt obligations (determined in such manner as the Secretary prescribes). (d) Limitation on amount of bonds designated (1) In general The maximum aggregate face amount of bonds which may be designated under subsection (a) by any State infrastructure bank shall not exceed the TRIP bond limitation amount allocated to such bank under paragraph (3). (2) National limitation amount There is a TRIP bond limitation amount for each calendar year. Such limitation amount is— (A) $5,000,000,000 for 2014, (B) $5,000,000,000 for 2015, (C) $10,000,000,000 for 2016, (D) $10,000,000,000 for 2017, (E) $10,000,000,000 for 2018, (F) $10,000,000,000 for 2019, and (G) except as provided in paragraph (4), zero thereafter. (3) Allocations to States (A) In general The TRIP bond limitation amount for each calendar year shall be allocated by the Secretary among the States such that each State is allocated 2 percent of such amount. (B) Return of unused allocations Any allocation to a State under subparagraph (A) which remains unused on the last day of the calendar year for which the allocation was made shall be relinquished by the State and reallocated by the Secretary proportionally among participating States. (4) Carryover of unused issuance limitation If for any calendar year the TRIP bond limitation amount under paragraph (2) exceeds the amount of TRIP bonds issued during such year, such excess shall be carried forward to 1 or more succeeding calendar years as an addition to the TRIP bond limitation amount under paragraph (2) for such succeeding calendar year and until used by issuance of TRIP bonds. (e) Special rules relating to expenditures (1) In general An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the State infrastructure bank reasonably expects— (A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, (B) within the 12-month period beginning on such date, to incur a binding commitment with a third party for such third party— (i) to spend at least 10 percent of the proceeds of such issue within the 12-month period following the date of entering into such commitment, or (ii) to commence construction within the 12-month period following the date of entering into such commitment with respect to any qualified project or combination of qualified projects the costs of which account for at least 10 percent of the proceeds of such issue, and (C) to proceed with due diligence to complete such projects and to spend the proceeds of such issue. (2) Rules regarding continuing compliance after 5-year determination To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the State infrastructure bank shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (f) Recapture of portion of credit where cessation of compliance If any bond which when issued purported to be a TRIP bond ceases to be such a bond, the State infrastructure bank shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of— (1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the bank, and (2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. (g) TRIP Bonds Trust Accounts (1) In general The following amounts shall be held in a TRIP Bonds Trust Account (including 1 or more subaccounts) by each State infrastructure bank: (A) The proceeds from the sale of all bonds issued by or for the benefit of such bank under this section. (B) The amounts described in subsection (h). (C) Any earnings on any amounts described in subparagraph (A) or (B). (2) Use of funds Amounts in each TRIP Bonds Trust Account may be used only to pay costs of qualified projects, pay interest (if any) on TRIP bonds, and redeem TRIP bonds, except that amounts withdrawn from the TRIP Bonds Trust Account to pay costs of qualified projects may not exceed the proceeds from the sale of TRIP bonds described in subsection (a)(1). (3) Use of remaining funds in TRIP bonds trust account Upon the redemption of all TRIP bonds issued by the State infrastructure bank under this section, any remaining amounts in the TRIP Bonds Trust Account held by such bank shall be available to pay the costs of any qualified project in such State. (4) Applicability of Federal law The requirements of any Federal law, including titles 23, 40, and 49 of the United States Code, which would otherwise apply to projects to which the United States is a party or to funds made available under such law and projects assisted with those funds shall apply to— (A) funds made available under each TRIP Bonds Trust Account for similar qualified projects, other than contributions required under subsection (h), and (B) similar qualified projects assisted through the use of such funds. (5) Investment Subject to subsections (e) and (f), it shall be the duty of the State infrastructure bank to invest in investment grade obligations such portion of the TRIP Bonds Trust Account held by such Bank as is not, in the judgment of such bank, required to meet current withdrawals. To the extent cost-effective, investments should be made in securities that support infrastructure investment at the State and local level. (h) State contribution requirements (1) In general For purposes of subsection (a)(6), the State contribution requirement of this subsection is met if the State infrastructure bank has obtained a commitment, not later than the date of issuance of the bond, for deposit into the TRIP Bonds Trust Account equal annual installments sufficient, together with earnings thereon, to repay the principal of the TRIP bond at maturity. (2) State contributions may not include Federal funds For purposes of this subsection, State contributions shall not be derived, directly or indirectly, from Federal funds, including any transfers from the Highway Trust Fund under section 9503. (3) Requirements in lieu of any other matching contribution requirements For purposes of subsection (g)(4), the TRIP bond proceeds may be applied toward any State matching contribution requirement under any other Federal law. (i) Utilization of updated construction technology for qualified projects For purposes of subsection (a)(7), the requirement of this subsection is met if the appropriate State agency relating to the qualified project is utilizing updated construction technologies. (j) Other definitions and special rules For purposes of this section— (1) State infrastructure bank (A) In general The term State infrastructure bank means a State infrastructure bank established under section 610 of title 23, United States Code, and includes a joint venture among 2 or more State infrastructure banks. Such term also includes, with respect to any State that has not established a State infrastructure bank prior to the date of the enactment of this section, the State Department of Transportation of such State, or such other public instrumentality designated by the State to issue bonds under this section. (B) Special authority Notwithstanding any other provision of law, a State infrastructure bank shall be authorized to perform any of the functions necessary to carry out the purposes of this section, including the making of direct grants to qualified projects from available project proceeds of TRIP bonds issued by such bank. (2) Prohibition on use of highway trust fund Notwithstanding any other provision of law, no funds derived from the Highway Trust Fund established under section 9503 shall be used to pay for credits under this section. . (b) Conforming amendments (1) Paragraph (1) of section 54A(d) of the Internal Revenue Code of 1986 is amended— (A) by striking or at the end of subparagraph (D), (B) by inserting or at the end of subparagraph (E), (C) by inserting after subparagraph (E) the following new subparagraph: (F) a TRIP bond, , and (D) by inserting (paragraphs (3), (4), and (6), in the case of a TRIP bond) after and (6) . (2) Subparagraph (C) of section 54A(d)(2) of such Code is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding at the end the following new clause: (vi) in the case of a TRIP bond, a purpose specified in section 54G(a)(1). . (c) Clerical amendment The table of sections for subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 54G. TRIP bonds. . (d) Effective date The amendments made by this Act shall apply to bonds issued after December 31, 2013.

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113-hr-2535

I 113th CONGRESS 1st Session H. R. 2535 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Barr (for himself, Mr. Loebsack , Mr. Stivers , Mr. Meadows , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To cause increased seigniorage for the United States Mint leading to enhanced revenue to the Treasury and increased offsets to annual budget deficits in perpetuity, to require the Secretary of the Treasury to mint and issue coins commemorating and celebrating American Liberty, The Union , and the American values and attributes of freedom, independence, civil governance, enlightenment, peace, strength, equality, democracy, and justice, to provide for the continued and concurrent production and distribution of existing presidentially-themed circulating and numismatic coinage designs, and for other purposes. 1. Short title This Act may be cited as the American Liberty Coinage and Deficit Reduction Act of 2013 . 2. Findings The Congress finds as follows: (1) The 50 State Quarters Program showed that a circulating commemorative coinage program that incorporates recurring design change dramatically increases seigniorage—the profit realized by the Mint from the amount that the face value of coins produced by the Mint exceeds the costs of production and distribution. (2) Pursuant to the President’s 1967 Commission on Budget Concepts, seigniorage proceeds are used to reduce the amount the government would otherwise borrow from the public to finance the budget deficit. Thus, programs that increase seigniorage provide a means to reduce the budget deficit without increasing taxes or cutting spending. (3) During the 10 years of the 50 State Quarters Program, the cumulative production of quarter dollars exceeded 34,000,000,000, representing a 136 percent increase in quarter dollar production as compared to the cumulative 10-year period immediately preceding the program. This enhanced production level of quarter dollars resulted in increased seigniorage revenues of approximately $3,000,000,000 and, therefore, an equal reduction in the budget deficit. (4) The Mint has estimated that 147,000,000 Americans became collectors of 50 State quarters, demonstrating that the demand for circulating coins—for purposes beyond the needs of commerce—increases significantly when frequent and systematic design changes are made through a multiyear commemorative design series. (5) Similar to the collector interest and resulting seigniorage generated by the 50 State Quarters Program, the Westward Journey Nickel Program, which issued a series of 5-cent coins between 2004 and 2006 bearing new obverse and reverse designs commemorating the 200th anniversary of the Lewis and Clark Expedition and honoring President Thomas Jefferson, saw average annual nickel production increase by 593,200,000 units as compared to nickel production during the 2 years immediately preceding the program and the 2 years immediately following it. (6) From the early 1790s through the early to mid 20th century, allegorical depictions of Liberty dominated the designs of circulating United States coins. Coinage from this time period served as a constant reminder to Americans and the world of a defining and distinctive value of American life and culture—Liberty. These coins also provided some of the most inspiring, uplifting, and beautiful coin designs ever created. In numismatics, Liberty themed coins are among the most sought after collectibles. (7) Given the potential that a new series of Liberty coins would be highly collectible, if produced, such a program would likely provide the means through which to significantly increase seigniorage thereby reducing budget deficits. (8) A new Liberty themed coinage series would allow the Nation to continue to honor the past presidents currently depicted on United States coins by providing for the continued and concurrent production and distribution of such coins annually along with the new Liberty coins. (9) A new Liberty themed coinage series would revitalize the design of United States coinage and return circulating coinage to its position as not only a necessary means of exchange in commerce but also as an object of aesthetic beauty and symbol of core American values. (10) In order to increase the seigniorage produced by the United States Mint thereby reducing deficits to be financed by the United States it is appropriate to introduce a new series of circulating commemorative Liberty themed coins that would alternate annually between the dime and quarter dollar as 1-year issues. Additionally, introduction of a new Liberty themed half dollar produced for noncirculating numismatic purposes would further enhance seigniorage. (11) Beginning in 2015, the Act provides for the introduction of a 1-year circulating commemorative Liberty themed dime that would be produced and distributed concurrently with the existing dime depicting the image of President Franklin D. Roosevelt. After 2015, the image of President Roosevelt would continue to be utilized on the standard issue circulating dime. Subsequently, in 2016, the Act provides for the introduction of a 1-year circulating commemorative Liberty themed quarter dollar that would be produced and distributed concurrently with the existing quarter dollar depicting the image of President George Washington. The Washington design would continue to be used in future years. In 2017, the process would begin again with the introduction of a new 1-year Liberty themed dime, bearing a new Liberty design that would be co-issued alongside the regular issue Roosevelt Dime. In 2018, a new 1-year Liberty themed quarter would be co-issued and the process would continue on a perpetual basis into future years. (12) Sequencing a new Liberty design each year is an important aspect of the program designed to continually renew collector interest and, therefore, promote demand for the coins in a manner to maximize seigniorage realized by the United States Mint. (13) A Liberty themed program would also include a new Liberty half dollar bearing a design to be utilized for a 10-year term, to be issued as an ongoing annual noncirculating numismatic collector’s series. The Liberty half dollar would be issued along with the noncirculating Kennedy half dollar. At the end of each 10-year term, a new Liberty design would be implemented with designs continuing thereafter in a recurring 10-year cycle. (14) Providing collectors with a new Liberty half dollar series will provide an increase in the Mint’s numismatic profits and bolster the objectives of the program to annually reduce budget deficits. (15) A series of circulating commemorative Liberty themed coins will provide a new platform for the advancement of American medallic art through a medium where Americans commonly encounter public art—the Nation’s pocket change. 3. American Liberty Coin Program (a) Program contingent on deficit reduction (1) Determination The Secretary of the Treasury shall carry out a study on the estimated effect of the amendment made by subsection (b) on the Federal budget deficit over the 10-year period beginning on January 1, 2015. (2) Report Not later than the end of the 90-day period beginning on the date of the enactment of this Act, the Secretary shall issue a report to the Congress containing the estimate determined under paragraph (1) and an explanation of how such estimate was calculated. (3) Effective date The amendment made by subsection (b) shall take effect on the earlier of— (A) the date that the report is issued under paragraph (2), if the Secretary determines in such report that the effect on the Federal budget deficit over the 10-year period beginning on January 1, 2015, will lead to a reduction in the deficit over such period of $100,000,000 or more; and (B) the end of the 91-day period beginning on the date of the enactment of this Act, if the Secretary fails to make the report under paragraph (2) within the required 90-day period. (b) Program Section 5112 of title 31, United States Code, is amended by adding at the end the following: (w) Issuance of circulating dime and quarter dollar coins and numismatic half dollar coins commemorating and celebrating American liberty, the Union , and the American values and attributes of freedom, independence, civil governance, enlightenment, peace, strength, equality, democracy, and justice (1) Dime coins (A) In general The Secretary shall mint and issue dime coins in calendar year 2015, and every second year thereafter, that— (i) have obverse designs that are emblematic and allegoric of the concept of American Liberty ; and (ii) have reverse designs that— (I) depict an American bald eagle; (II) depict a fasces emblematic of civil governance; (III) depict the torch of knowledge; (IV) are emblematic and allegoric of The Union ; or (V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. (B) Quantity of issuance With respect to a calendar year in which dime coins are issued pursuant to subparagraph (A), the Secretary shall ensure that, of the total number of dime coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of dime coins issued pursuant to subparagraph (A). (2) Quarter dollar coins (A) In general The Secretary shall mint and issue quarter dollar coins in calendar year 2016, and every second year thereafter, that— (i) have obverse designs that are emblematic and allegoric of the concept of American Liberty ; and (ii) have reverse designs that— (I) depict an American bald eagle; (II) depict a fasces emblematic of civil governance; (III) depict the torch of knowledge; (IV) are emblematic and allegoric of The Union ; or (V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. (B) Quantity of issuance With respect to a calendar year in which quarter dollar coins are issued pursuant to subparagraph (A), the Secretary shall ensure that, of the total number of quarter dollar coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of quarter dollar coins issued pursuant to subparagraph (A). (3) Half dollar coins (A) In general The Secretary shall mint and issue half dollar coins in calendar year 2015, and every year thereafter, with designs that shall be changed every 10 years, that— (i) have obverse designs that are emblematic and allegoric of the concept of American Liberty ; and (ii) have reverse designs that— (I) depict an American bald eagle; (II) depict a fasces emblematic of civil governance; (III) depict the torch of knowledge; (IV) are emblematic and allegoric of The Union ; or (V) depict one or more of the American values and attributes of freedom, independence, peace, strength, equality, democracy, and justice. (B) Consideration of Liberty mini dollar The 1977 Liberty mini dollar design prepared by former United States Chief Sculptor and Engraver Frank Gasparro shall be considered along with other potential designs for half dollar coins issued under this paragraph. (C) Quantity of issuance With respect to a calendar year, the Secretary shall ensure that, of the total number of half dollar coins issued in such calendar year, not less than 40 percent and not more than 50 percent of such coins are made up of half dollar coins issued pursuant to subparagraph (A). (4) Design requirements The coins issued in accordance with paragraphs (1), (2), and (3) shall meet the following design requirements: (A) Coin obverse The design on the obverse shall— (i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; (ii) contain the inscriptions Liberty and In God We Trust ; and (iii) contain the inscription of the year of minting and issuance of the coin. (B) Coin reverse The design on the reverse shall— (i) be chosen by the Secretary, after consultation with the Commission of Fine Arts and review by the Citizens Coinage Advisory Committee; (ii) contain the inscription United States of America and E Pluribus Unum ; and (iii) contain a designation of the value of the coin. (C) Selection and approval process Designs for coins issued pursuant to this subsection may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. (D) Participation The Secretary may include participation by artists from the States and engravers of the United States Mint. (5) Issuance of numismatic coins The Secretary may mint and issue such number of coins of each design selected under this subsection in uncirculated and proof qualities as the Secretary determines to be appropriate. To assure availability of dimes and quarter dollars minted and issued under this subsection in uncirculated qualities for numismatic purposes, a portion of any such coins shall be offered in rolls and bags at face value plus issuance costs. (6) Silver coins (A) In general Notwithstanding subsection (b), the Secretary may mint and issue such number of dimes, quarter dollar coins, and half dollar coins of each design selected under this subsection as the Secretary determines to be appropriate, with a content of .999 fine silver. (B) Sources of bullion The Secretary shall obtain silver for minting coins under this paragraph from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. .

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113-hr-2536

I 113th CONGRESS 1st Session H. R. 2536 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mrs. Brooks of Indiana (for herself, Mr. Polis , Mr. Hanna , Ms. DelBene , Mrs. McMorris Rodgers , Mr. Hunter , Mr. Honda , Mrs. Davis of California , Mr. Langevin , Mr. Johnson of Ohio , Mr. Messer , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to strengthen elementary and secondary computer science education, and for other purposes. 1. Short title This Act may be cited as the Computer Science Education Act of 2013 . 2. Findings Congress finds the following: (1) Computer science is transforming industry, creating new fields of commerce, driving innovation in all fields of science, and bolstering productivity in established economic sectors. (2) Computer science underpins the information technology sector of the United States, which is a significant contributor to the economic output of the United States. (3) The Bureau of Labor Statistics predicts that there will be 9,200,000 jobs in the fields of science, technology, engineering, and mathematics by the year 2020. Half of these, or 4,600,000 jobs, will be in computing. (4) The average annual salary in computer science is $76,000. (5) Elementary and secondary computer science education gives students a deeper knowledge of the fundamentals of computing, yielding critical thinking skills that will serve students throughout their lives in numerous fields. (6) Students who take the College Board’s AP computer science test are 8 times more likely to major in computer science in college. Unfortunately, the College Board reports that of the 3,400,000 AP exams given in 2011, just under 1,000,000 of those were in the sciences. About 20,000 of those were in computer science, accounting for 2 percent of the science exams and 1 percent of all AP exams. Of the 20,000 computer science AP test takers in 2011, only 4,000 were females. (7) In the 2012–2013 school year, only 9 states allowed computer science courses to count toward secondary school core graduation requirements, chilling student interest in computer science courses. (8) The Computer Science Teachers Association (CSTA) has found that many States do not have a certification or licensure process for computer science teachers. Where processes do exist, they often have no connection to rigorous computer science content. (9) Computer science education has been encumbered by confusion regarding the related but distinct concepts of computer science education, technology education, and the use of technology in education. (10) The Association for Computing Machinery and the CSTA have established a clear 4-part, grade-appropriate framework of standards for computer science education to guide State reform efforts. (11) With the growing importance of computing in society, the need for students to understand the fundamentals of computing and the significant challenges elementary and secondary computer science education faces, broad support for computer science education is needed to catalyze reform. 3. Computer science definitions Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (7) through (43) as paragraphs (8) through (44), respectively; (2) by inserting after paragraph (6) the following: (7) Computer science The term computer science means the study of computers and algorithmic processes and includes the study of computing principles, computer hardware and software design, computer applications, and the impact of computers on society. ; (3) in paragraph (12), as so redesignated, by striking and geography and inserting geography, and computer science ; and (4) in subparagraph (A)(i) of paragraph (35), as so redesignated, by inserting (including computer science) after academic subjects .

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113-hr-2537

I 113th CONGRESS 1st Session H. R. 2537 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Gingrey of Georgia 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 employee protective arrangements, and for other purposes. 1. Employee protective arrangements (a) In general Section 5333 of title 49, United States Code, is amended— (1) by striking (a) Prevailing wages requirement.— ; and (2) by striking subsection (b). (b) Conforming amendments (1) Formula grants for rural areas Section 5311(i) of title 49, United States Code, is repealed. (2) Administrative provisions Section 5334(a)(1) of title 49, United States Code, is amended by striking (except terms the Secretary of Labor prescribes under section 5333(b) of this title) .

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113-hr-2538

I 113th CONGRESS 1st Session H. R. 2538 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Fitzpatrick (for himself, Mr. Ellison , Mr. Hinojosa , Mr. Capuano , Mr. Al Green of Texas , Mr. Jones , Mr. Renacci , and Mr. Duffy ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting positive consumer credit information to consumer reporting agencies by public utility or telecommunications companies, and for other purposes. 1. Short title This Act may be cited as the The Credit Access and Inclusion Act . 2. Positive credit reporting permitted (a) In general Section 623 of the Fair Credit Reporting Act ( 15 U.S.C. 1681s–2 ) is amended by adding at the end the following new subsection: (f) Full-File credit reporting (1) Rule of construction Nothing in this Act, or any regulation or rule established pursuant to this Act, shall be construed as to prohibit a person from furnishing the following information relating to a consumer to a consumer reporting agency: (A) Identifying information A consumer’s full name, telephone number, mother’s maiden name, address, zip code, date of birth, any generational designation, social security number, or any other similar consumer identifiers or combination thereof. (B) Transactions or experiences Information solely as to transactions or experiences between the consumer and the person furnishing the information. (C) Public information Public record information. (D) Performance of consumer The performance of a consumer making payments under a real property lease or pursuant to a contract for a utility or telecommunication service. (2) Limitations Information about a consumer’s usage of any public utility service may be furnished to a consumer reporting agency only to the extent that such information relates to payment by the consumer for the services of such public utility or other terms of the provision of services to the consumer, including any deposit, discount, or the conditions for interruption or termination of the services. (3) Utility or telecommunication service For purposes of this subsection, the term utility or telecommunication service means an entity that provides utility services to the public through pipe, wire, landline, wireless, cable, or other connected facilities, or radio, electronic, or similar transmission (including the extension of such facilities). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2538ih/xml/BILLS-113hr2538ih.xml

113-hr-2539

I 113th CONGRESS 1st Session H. R. 2539 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Ms. Schakowsky (for herself, Mr. Braley of Iowa , Mr. Cartwright , Mr. Delaney , Mr. Ellison , Mr. Grijalva , Mr. Hastings of Florida , Mr. Holt , Mr. Huffman , Ms. Lee of California , Mr. Loebsack , Ms. Lofgren , Ms. McCollum , Mr. George Miller of California , Mr. Moran , Mr. Pocan , Mr. Takano , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend certain provisions of the renewable energy credit, and for other purposes. 1. Short title This Act may be cited as the Prioritizing Energy Efficient Renewables Act of 2013 . 2. Certain provisions of renewable energy credit made permanent (a) Wind Paragraph (1) of section 45(d) of the Internal Revenue Code of 1986 is amended by striking , and the construction of which begins before January 1, 2014 . (b) Geothermal Paragraph (4)(B) of section 45(d) of such Code is amended by striking the construction of which begins before January 1, 2014 and inserting is originally placed in service after October 22, 2004 . (c) Hydropower Paragraph (9)(A) of section 45(d) of such Code is amended by striking and before January 1, 2014 both places it appears in clauses (i) and (ii). (d) Marine Paragraph (11)(B) of section 45d of such Code is amended by striking and the construction of which begins before January 1, 2014 . (e) Conforming amendment Section 45(d)(9) of such Code is amended by striking subparagraph (C). (f) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2013. 3. Repeal of deduction for intangible drilling and development costs in the case of oil and gas wells (a) In general Subsection (c) of section 263 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: This subsection shall not apply to amounts paid or incurred in any taxable year beginning after December 31, 2013, by a taxpayer in the case of oil and gas wells. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2013. 4. Repeal of deduction for oil and gas income attributable to domestic production activities (a) In general Section 199(c)(4)(B) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by inserting after clause (iii) the following: (iv) the production, refining, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of section 927(a)(2)(C), as in effect before its repeal). . (b) Conforming amendment Section 199(d) of such Code is amended by striking paragraph (9). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 5. Repeal of percentage depletion for oil and gas (a) In general Section 611(a) of the Internal Revenue Code of 1986 is amended by striking oil and gas wells . (b) Conforming amendments (1) Section 613 of such Code is amended by adding at the end the following: (f) Termination relating to oil and gas This section shall not apply with respect to any oil or gas well in taxable years beginning after December 31, 2013. . (2) Part I of subchapter I of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 613A (and by striking the item relating to such section in the table of sections for such part). (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2539ih/xml/BILLS-113hr2539ih.xml

113-hr-2540

I 113th CONGRESS 1st Session H. R. 2540 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Cartwright (for himself, Mr. Rooney , Ms. Kaptur , Ms. Jenkins , Mr. Cassidy , Mr. Ryan of Ohio , Ms. Shea-Porter , Mr. Chabot , and Ms. Duckworth ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the authority of the Secretary of Veterans Affairs to hire psychiatrists. 1. Short title This Act may be cited as the Expedited Hiring for VA Trained Psychiatrists Act of 2013 . 2. Appointment of psychiatrists by Veterans Health Administration (a) In general Chapter 74 of title 38, United States Code, is amended by inserting after section 7406 the following new section: 7406A. Appointment of certain psychiatrists who complete residencies (a) In general (1) Subject to subsection (b), the Secretary may appoint, without regard to civil service or classification laws a psychiatrist who completes a residency under section 7406 of this title to a position under section 7401 or 7405 immediately after such residency, if the psychiatrist meets the qualifications established in regulations prescribed by the Secretary for such position. (2) The Secretary may begin the process of appointing a psychiatrist under paragraph (1) before the psychiatrist completes a residency. (b) Positions permitted The Secretary may appoint a psychiatrist under subsection (a) if the position to which the psychiatrist is appointed has been unfilled for not less than 35 days as of the date of the appointment. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7406 the following new item: 7406A. Appointment of certain psychiatrists who complete residencies. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2540ih/xml/BILLS-113hr2540ih.xml

113-hr-2541

I 113th CONGRESS 1st Session H. R. 2541 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mrs. Hartzler (for herself, Mr. Broun of Georgia , Mr. Chabot , Mr. Cole , Mr. Luetkemeyer , Mr. Mulvaney , Mrs. Noem , Mr. King of Iowa , Mrs. Blackburn , Mr. DesJarlais , Mr. Fincher , Mr. Roe of Tennessee , Mr. Long , Mr. Cassidy , Mr. Carter , Mr. Johnson of Ohio , Mr. Radel , Mr. Palazzo , Mr. Schweikert , Mr. Benishek , Mr. DeSantis , Mr. Miller of Florida , Mr. Meadows , and Mr. Smith of Missouri ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To allow certain off-duty law enforcement officers and retired law enforcement officers to carry a concealed firearm to protect children in a school zone. 1. Short title This Act may be cited as the Police Officers Protecting Children Act . 2. Certain off-duty law enforcement officers and retired law enforcement officers allowed to carry a concealed firearm, and discharge a firearm, in a school zone Section 922(q) of title 18, United States Code, is amended— (1) in paragraph (2)(B)— (A) by striking or at the end of clause (vi); and (B) by redesignating clause (vii) as clause (ix) and inserting after clause (vi) the following: (vii) by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm, if the firearm is concealed; (viii) by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm, if the firearm is concealed; or ; and (2) in paragraph (3)(B)— (A) by striking or at the end of clause (iii); (B) by striking the period at the end of clause (iv) and inserting a semicolon; and (C) by adding at the end the following: (v) by an off-duty law enforcement officer who is a qualified law enforcement officer (as defined in section 926B) and is authorized under such section to carry a concealed firearm; or (vi) by a qualified retired law enforcement officer (as defined in section 926C) who is authorized under such section to carry a concealed firearm. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2541ih/xml/BILLS-113hr2541ih.xml

113-hr-2542

I 113th CONGRESS 1st Session H. R. 2542 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Bachus (for himself, Mr. Graves of Missouri , Mr. Barrow of Georgia , Mr. Matheson , Mr. Smith of Texas , Mr. Coble , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on 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 amend chapter 6 of title 5, United States Code (commonly known as the Regulatory Flexibility Act), to ensure complete analysis of potential impacts on small entities of rules, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Regulatory Flexibility Improvements 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. Clarification and expansion of rules covered by the Regulatory Flexibility Act. Sec. 3. Expansion of report of regulatory agenda. Sec. 4. Requirements providing for more detailed analyses. Sec. 5. Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy. Sec. 6. Procedures for gathering comments. Sec. 7. Periodic review of rules. Sec. 8. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule. Sec. 9. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act. Sec. 10. Establishment and approval of small business concern size standards by chief counsel for advocacy. Sec. 11. Clerical amendments. Sec. 12. Agency preparation of guides. 2. Clarification and expansion of rules covered by the Regulatory Flexibility Act (a) In general Paragraph (2) of section 601 of title 5, United States Code, is amended to read as follows: (2) Rule The term rule has the meaning given such term in section 551(4) of this title, except that such term does not include a rule of particular (and not general) applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances. . (b) Inclusion of rules with indirect effects Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph: (9) Economic impact The term economic impact means, with respect to a proposed or final rule— (A) any direct economic effect on small entities of such rule; and (B) any indirect economic effect on small entities which is reasonably foreseeable and results from such rule (without regard to whether small entities will be directly regulated by the rule). . (c) Inclusion of rules with beneficial effects (1) Initial regulatory flexibility analysis Subsection (c) of section 603 of title 5, United States Code, is amended by striking the first sentence and inserting Each initial regulatory flexibility analysis shall also contain a detailed description of alternatives to the proposed rule which minimize any adverse significant economic impact or maximize any beneficial significant economic impact on small entities. . (2) Final regulatory flexibility analysis The first paragraph (6) of section 604(a) of title 5, United States Code, is amended by striking minimize the significant economic impact and inserting minimize the adverse significant economic impact or maximize the beneficial significant economic impact . (d) Inclusion of rules affecting tribal organizations Paragraph (5) of section 601 of title 5, United States Code, is amended by inserting and tribal organizations (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b(l) )), after special districts, . (e) Inclusion of land management plans and formal rulemaking (1) Initial regulatory flexibility analysis Subsection (a) of section 603 of title 5, United States Code, is amended in the first sentence— (A) by striking or after proposed rule, ; and (B) by inserting or publishes a revision or amendment to a land management plan, after United States, . (2) Final regulatory flexibility analysis Subsection (a) of section 604 of title 5, United States Code, is amended in the first sentence— (A) by striking or after proposed rulemaking, ; and (B) by inserting or adopts a revision or amendment to a land management plan, after section 603(a), . (3) Land management plan defined Section 601 of title 5, United States Code, is amended by adding at the end the following new paragraph: (10) Land management plan (A) In general The term land management plan means— (i) any plan developed by the Secretary of Agriculture under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ); and (ii) any plan developed by the Secretary of the Interior under section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ). (B) Revision The term revision means any change to a land management plan which— (i) in the case of a plan described in subparagraph (A)(i), is made under section 6(f)(5) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(5) ); or (ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–6 of title 43, Code of Federal Regulations (or any successor regulation). (C) Amendment The term amendment means any change to a land management plan which— (i) in the case of a plan described in subparagraph (A)(i), is made under section 6(f)(4) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(f)(4) ) and with respect to which the Secretary of Agriculture prepares a statement described in section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ); or (ii) in the case of a plan described in subparagraph (A)(ii), is made under section 1610.5–5 of title 43, Code of Federal Regulations (or any successor regulation) and with respect to which the Secretary of the Interior prepares a statement described in section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). . (f) Inclusion of certain interpretive rules involving the internal revenue laws (1) In general Subsection (a) of section 603 of title 5, United States Code, is amended by striking the period at the end and inserting or a recordkeeping requirement, and without regard to whether such requirement is imposed by statute or regulation. . (2) Collection of information Paragraph (7) of section 601 of title 5, United States Code, is amended to read as follows: (7) Collection of information The term collection of information has the meaning given such term in section 3502(3) of title 44. . (3) Recordkeeping requirement Paragraph (8) of section 601 of title 5, United States Code, is amended to read as follows: (8) Recordkeeping requirement The term recordkeeping requirement has the meaning given such term in section 3502(13) of title 44. . (g) Definition of small organization Paragraph (4) of section 601 of title 5, United States Code, is amended to read as follows: (4) Small organization (A) In general The term small organization means any not-for-profit enterprise which, as of the issuance of the notice of proposed rulemaking— (i) in the case of an enterprise which is described by a classification code of the North American Industrial Classification System, does not exceed the size standard established by the Administrator of the Small Business Administration pursuant to section 3 of the Small Business Act ( 15 U.S.C. 632 ) for small business concerns described by such classification code; and (ii) in the case of any other enterprise, has a net worth that does not exceed $7,000,000 and has not more than 500 employees. (B) Local labor organizations In the case of any local labor organization, subparagraph (A) shall be applied without regard to any national or international organization of which such local labor organization is a part. (C) Agency definitions Subparagraphs (A) and (B) shall not apply to the extent that an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions for such term which are appropriate to the activities of the agency and publishes such definitions in the Federal Register. . 3. Expansion of report of regulatory agenda Section 602 of title 5, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking , and at the end and inserting ; ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) a brief description of the sector of the North American Industrial Classification System that is primarily affected by any rule which the agency expects to propose or promulgate which is likely to have a significant economic impact on a substantial number of small entities; and ; and (2) in subsection (c), to read as follows: (c) Each agency shall prominently display a plain language summary of the information contained in the regulatory flexibility agenda published under subsection (a) on its website within 3 days of its publication in the Federal Register. The Office of Advocacy of the Small Business Administration shall compile and prominently display a plain language summary of the regulatory agendas referenced in subsection (a) for each agency on its website within 3 days of their publication in the Federal Register. . 4. Requirements providing for more detailed analyses (a) Initial regulatory flexibility analysis Subsection (b) of section 603 of title 5, United States Code, is amended to read as follows: (b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement— (1) describing the reasons why action by the agency is being considered; (2) describing the objectives of, and legal basis for, the proposed rule; (3) estimating the number and type of small entities to which the proposed rule will apply; (4) describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record; (5) describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided; (6) estimating the additional cumulative economic impact of the proposed rule on small entities beyond that already imposed on the class of small entities by the agency or why such an estimate is not available; and (7) describing any disproportionate economic impact on small entities or a specific class of small entities. . (b) Final regulatory flexibility analysis (1) In general Section 604(a) of title 5, United States Code, is amended— (A) in paragraph (4), by striking an explanation and inserting a detailed explanation ; (B) in each of paragraphs (4), (5), and the first paragraph (6), by inserting detailed before description ; and (C) by adding at the end the following: (7) describing any disproportionate economic impact on small entities or a specific class of small entities. . (2) Inclusion of response to comments on certification of proposed rule Paragraph (2) of section 604(a) of title 5, United States Code, is amended by inserting (or certification of the proposed rule under section 605(b)) after initial regulatory flexibility analysis . (3) Publication of analysis on website Subsection (b) of section 604 of title 5, United States Code, is amended to read as follows: (b) The agency shall make copies of the final regulatory flexibility analysis available to the public, including placement of the entire analysis on the agency’s website, and shall publish in the Federal Register the final regulatory flexibility analysis, or a summary thereof which includes the telephone number, mailing address, and link to the website where the complete analysis may be obtained. . (c) Cross-References to other analyses Subsection (a) of section 605 of title 5, United States Code, is amended to read as follows: (a) A Federal agency shall be treated as satisfying any requirement regarding the content of an agenda or regulatory flexibility analysis under section 602, 603, or 604, if such agency provides in such agenda or analysis a cross-reference to the specific portion of another agenda or analysis which is required by any other law and which satisfies such requirement. . (d) Certifications Subsection (b) of section 605 of title 5, United States Code, is amended— (1) by inserting detailed before statement the first place it appears; and (2) by inserting and legal after factual . (e) Quantification requirements Section 607 of title 5, United States Code, is amended to read as follows: 607. Quantification requirements In complying with sections 603 and 604, an agency shall provide— (1) a quantifiable or numerical description of the effects of the proposed or final rule and alternatives to the proposed or final rule; or (2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable. . 5. Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy (a) In general Section 608 is amended to read as follows: 608. Additional powers of Chief Counsel for Advocacy (a) (1) Not later than 270 days after the date of the enactment of the Regulatory Flexibility Improvements Act of 2013 , the Chief Counsel for Advocacy of the Small Business Administration shall, after opportunity for notice and comment under section 553, issue rules governing agency compliance with this chapter. The Chief Counsel may modify or amend such rules after notice and comment under section 553. This chapter (other than this subsection) shall not apply with respect to the issuance, modification, and amendment of rules under this paragraph. (2) An agency shall not issue rules which supplement the rules issued under subsection (a) unless such agency has first consulted with the Chief Counsel for Advocacy to ensure that such supplemental rules comply with this chapter and the rules issued under paragraph (1). (b) Notwithstanding any other law, the Chief Counsel for Advocacy of the Small Business Administration may intervene in any agency adjudication (unless such agency is authorized to impose a fine or penalty under such adjudication), and may inform the agency of the impact that any decision on the record may have on small entities. The Chief Counsel shall not initiate an appeal with respect to any adjudication in which the Chief Counsel intervenes under this subsection. (c) The Chief Counsel for Advocacy may file comments in response to any agency notice requesting comment, regardless of whether the agency is required to file a general notice of proposed rulemaking under section 553. . (b) Conforming amendments (1) Section 611(a)(1) of such title is amended by striking 608(b), . (2) Section 611(a)(2) of such title is amended by striking 608(b), . (3) Section 611(a)(3) of such title is amended— (A) by striking subparagraph (B); and (B) by striking (3)(A) A small entity and inserting the following: (3) A small entity . 6. Procedures for gathering comments Section 609 of title 5, United States Code, is amended by striking subsection (b) and all that follows through the end of the section and inserting the following: (b) (1) Prior to publication of any proposed rule described in subsection (e), an agency making such rule shall notify the Chief Counsel for Advocacy of the Small Business Administration and provide the Chief Counsel with— (A) all materials prepared or utilized by the agency in making the proposed rule, including the draft of the proposed rule; and (B) information on the potential adverse and beneficial economic impacts of the proposed rule on small entities and the type of small entities that might be affected. (2) An agency shall not be required under paragraph (1) to provide the exact language of any draft if the rule— (A) relates to the internal revenue laws of the United States; or (B) is proposed by an independent regulatory agency (as defined in section 3502(5) of title 44). (c) Not later than 15 days after the receipt of such materials and information under subsection (b), the Chief Counsel for Advocacy of the Small Business Administration shall— (1) identify small entities or representatives of small entities or a combination of both for the purpose of obtaining advice, input, and recommendations from those persons about the potential economic impacts of the proposed rule and the compliance of the agency with section 603; and (2) convene a review panel consisting of an employee from the Office of Advocacy of the Small Business Administration, an employee from the agency making the rule, and in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44), an employee from the Office of Information and Regulatory Affairs of the Office of Management and Budget to review the materials and information provided to the Chief Counsel under subsection (b). (d) (1) Not later than 60 days after the review panel described in subsection (c)(2) is convened, the Chief Counsel for Advocacy of the Small Business Administration shall, after consultation with the members of such panel, submit a report to the agency and, in the case of an agency other than an independent regulatory agency (as defined in section 3502(5) of title 44), the Office of Information and Regulatory Affairs of the Office of Management and Budget. (2) Such report shall include an assessment of the economic impact of the proposed rule on small entities, including an assessment of the proposed rule’s impact on the cost that small entities pay for energy, and a discussion of any alternatives that will minimize adverse significant economic impacts or maximize beneficial significant economic impacts on small entities. (3) Such report shall become part of the rulemaking record. In the publication of the proposed rule, the agency shall explain what actions, if any, the agency took in response to such report. (e) A proposed rule is described by this subsection if the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, the head of the agency (or the delegatee of the head of the agency), or an independent regulatory agency determines that the proposed rule is likely to result in— (1) an annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices for consumers, individual industries, Federal, State, or local governments, tribal organizations, or geographic regions; (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets; or (4) a significant economic impact on a substantial number of small entities. (f) Upon application by the agency, the Chief Counsel for Advocacy of the Small Business Administration may waive the requirements of subsections (b) through (e) if the Chief Counsel determines that compliance with the requirements of such subsections are impracticable, unnecessary, or contrary to the public interest. . 7. Periodic review of rules Section 610 of title 5, United States Code, is amended to read as follows: 610. Periodic review of rules (a) Not later than 180 days after the enactment of the Regulatory Flexibility Improvements Act of 2013 , each agency shall publish in the Federal Register and place on its website a plan for the periodic review of rules issued by the agency which the head of the agency determines have a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any adverse significant economic impacts or maximize any beneficial significant economic impacts on a substantial number of small entities. Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the agency’s website. (b) The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Regulatory Flexibility Improvements Act of 2013 within 10 years of the date of publication of the plan in the Federal Register and for review of rules adopted after the date of enactment of the Regulatory Flexibility Improvements Act of 2013 within 10 years after the publication of the final rule in the Federal Register. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy of the Small Business Administration and the Congress. (c) The plan shall include a section that details how an agency will conduct outreach to and meaningfully include small businesses for the purposes of carrying out this section. The agency shall include in this section a plan for how the agency will contact small businesses and gather their input on existing agency rules. (d) Each agency shall annually submit a report regarding the results of its review pursuant to such plan to the Congress, the Chief Counsel for Advocacy of the Small Business Administration, and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44) to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination described in paragraph (5) or (6) of subsection (e) and a detailed explanation of the reasons for such determination. (e) In reviewing a rule pursuant to subsections (a) through (d), the agency shall amend or rescind the rule to minimize any adverse significant economic impact on a substantial number of small entities or disproportionate economic impact on a specific class of small entities, or maximize any beneficial significant economic impact of the rule on a substantial number of small entities to the greatest extent possible, consistent with the stated objectives of applicable statutes. In amending or rescinding the rule, the agency shall consider the following factors: (1) The continued need for the rule. (2) The nature of complaints received by the agency from small entities concerning the rule. (3) Comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy of the Small Business Administration. (4) The complexity of the rule. (5) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State, territorial, and local rules. (6) The contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection (d). (7) The length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. (f) The agency shall publish in the Federal Register and on its website a list of rules to be reviewed pursuant to such plan. Such publication shall include a brief description of the rule, the reason why the agency determined that it has a significant economic impact on a substantial number of small entities (without regard to whether it had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy of the Small Business Administration, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule. . 8. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule (a) In general Paragraph (1) of section 611(a) of title 5, United States Code, is amended by striking final agency action and inserting such rule . (b) Jurisdiction Paragraph (2) of such section is amended by inserting (or which would have such jurisdiction if publication of the final rule constituted final agency action) after provision of law, . (c) Time for bringing action Paragraph (3) of such section is amended— (1) by striking final agency action and inserting publication of the final rule ; and (2) by inserting , in the case of a rule for which the date of final agency action is the same date as the publication of the final rule, after except that . (d) Intervention by Chief Counsel for Advocacy Subsection (b) of section 612 of title 5, United States Code, is amended by inserting before the first period or agency compliance with section 601, 603, 604, 605(b), 609, or 610 . 9. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act (a) In general Section 2342 of title 28, United States Code, is amended— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (7) the following new paragraph: (8) all final rules under section 608(a) of title 5. . (b) Conforming amendments Paragraph (3) of section 2341 of title 28, United States Code, is amended— (1) in subparagraph (D), by striking and at the end; (2) in subparagraph (E), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (F) the Office of Advocacy of the Small Business Administration, when the final rule is under section 608(a) of title 5. . (c) Authorization To intervene and comment on agency compliance with administrative procedure Subsection (b) of section 612 of title 5, United States Code, is amended by inserting chapter 5, and chapter 7, after this chapter, . 10. Establishment and approval of small business concern size standards by chief counsel for advocacy (a) In general Subparagraph (A) of section 3(a)(2) of the Small Business Act ( 15 U.S.C. 632(a)(2)(A) ) is amended to read as follows: (A) In general In addition to the criteria specified in paragraph (1)— (i) the Administrator may specify detailed definitions or standards by which a business concern may be determined to be a small business concern for purposes of this Act or the Small Business Investment Act of 1958; and (ii) the Chief Counsel for Advocacy may specify such definitions or standards for purposes of any other Act. . (b) Approval by chief counsel Clause (iii) of section 3(a)(2)(C) of the Small Business Act ( 15 U.S.C. 632(a)(2)(C)(iii) ) is amended to read as follows: (iii) except in the case of a size standard prescribed by the Administrator, is approved by the Chief Counsel for Advocacy. . (c) Industry variation Paragraph (3) of section 3(a) of the Small Business Act ( 15 U.S.C. 632(a)(3) ) is amended— (1) by inserting or Chief Counsel for Advocacy, as appropriate before shall ensure ; and (2) by inserting or Chief Counsel for Advocacy before the period at the end. (d) Judicial review of size standards approved by chief counsel Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ) is amended by adding at the end the following new paragraph: (6) Judicial review of standards approved by chief counsel In the case of an action for judicial review of a rule which includes a definition or standard approved by the Chief Counsel for Advocacy under this subsection, the party seeking such review shall be entitled to join the Chief Counsel as a party in such action. . 11. Clerical amendments (a) Section 601 of title 5, United States Code, is amended— (1) in paragraph (1)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (1) the term and inserting the following: (1) Agency The term ; (2) in paragraph (3)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (3) the term and inserting the following: (3) Small business The term ; (3) in paragraph (5)— (A) by striking the semicolon at the end and inserting a period; and (B) by striking (5) the term and inserting the following: (5) Small governmental jurisdiction The term ; and (4) in paragraph (6)— (A) by striking ; and and inserting a period; and (B) by striking (6) the term and inserting the following: (6) Small entity The term . (b) The heading of section 605 of title 5, United States Code, is amended to read as follows: 605. Incorporations by reference and certifications . (c) The table of sections for chapter 6 of title 5, United States Code, is amended— (1) by striking the item relating to section 605 and inserting the following new item: 605. Incorporations by reference and certifications. ; (2) by striking the item relating to section 607 and inserting the following new item: 607. Quantification requirements. ; and (3) by striking the item relating to section 608 and inserting the following: 608. Additional powers of Chief Counsel for Advocacy. . (d) Chapter 6 of title 5, United States Code, is amended as follows: (1) In section 603, by striking subsection (d). (2) In section 604(a) by striking the second paragraph (6). 12. Agency preparation of guides Section 212(a)(5) the Small Business Regulatory Enforcement Fairness Act of 1996 ( 5 U.S.C. 601 note) is amended to read as follows: (5) Agency preparation of guides The agency shall, in its sole discretion, taking into account the subject matter of the rule and the language of relevant statutes, ensure that the guide is written using sufficiently plain language likely to be understood by affected small entities. Agencies may prepare separate guides covering groups or classes of similarly affected small entities and may cooperate with associations of small entities to distribute such guides. In developing guides, agencies shall solicit input from affected small entities or associations of affected small entities. An agency may prepare guides and apply this section with respect to a rule or a group of related rules. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2542ih/xml/BILLS-113hr2542ih.xml

113-hr-2543

I 113th CONGRESS 1st Session H. R. 2543 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Cohen (for himself, Mr. Graves of Missouri , Ms. Lofgren , Ms. Moore , and Mr. Israel ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect consumers from discriminatory State taxes on motor vehicle rentals. 1. Short title This Act may be cited as the End Discriminatory State Taxes for Automobile Renters Act of 2013 . 2. Purpose The purpose of this Act is to prohibit prospectively, and provide a remedy for tax discrimination by a State or Locality against the rental of motor vehicles. 3. Definitions (a) Assessment and assessment jurisdiction The term assessment means valuation for a property tax levied by a taxing district. The term assessment jurisdiction means a geographical area in a State or Locality used in determining the assessed value of property for ad valorem taxation. (b) Commercial and industrial property The term commercial and industrial property means property, other than motor vehicle rental property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use, and subject to a property tax levy. (c) Discriminatory tax The term discriminatory tax includes the following: (1) A tax discriminates against the rental of motor vehicles if a State or Locality imposes the tax on, or with respect to— (A) the rental of motor vehicles but not on, or with respect to, the rental of more than 51 percent of the rentals of other tangible personal property rented within the State or Locality, or (B) the rental of motor vehicles at a tax rate that exceeds the tax rate generally applicable to at least 51 percent of the rentals of other tangible personal property within the same State or Locality. (2) A tax discriminates against the business of renting motor vehicles if a State or Locality imposes the tax on, or with respect to— (A) the business of renting motor vehicles but not on, or with respect to, the business of more than 51 percent of the other commercial and industrial taxpayers within the State or Locality, on the same tax base as the State or Locality employs with respect to the business of renting motor vehicles, or (B) the business of renting motor vehicles, at a tax rate that exceeds the tax rate generally applicable to the business of more than 51 percent of the other commercial and industrial taxpayers within the State or Local jurisdiction. (3) A tax discriminates against motor vehicle rental property if a State or Locality— (A) assesses motor vehicle rental property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property, (B) levies or collects a tax on an assessment that may not be made under subparagraph (A), or (C) levies or collects an ad valorem property tax on motor vehicle rental property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (d) Local or locality The terms Local and Locality mean a political subdivision of any State, or any governmental entity or person acting on behalf of such Locality, and with the authority to impose, levy or collect taxes. (e) Motor vehicle The term motor vehicle has the same meaning as in section 13102(16) of title 49 of the United States Code. (f) Other commercial and industrial taxpayers The term other commercial and industrial taxpayers means persons or entities who are engaged in trade or business within a State or Locality and who are subject to some form of taxation by a State or Locality. (g) Rental of motor vehicles The term rental of motor vehicles means the rental of a motor vehicle that is given by the owner of the motor vehicle for exclusive use to another for not longer than 180 days for valuable consideration and only includes the rental of motor vehicles with a pre-arranged driver or motor vehicles without a driver, but shall not include taxi cab service as defined by section 13102(20) of title 49 of the United States Code. (h) State The term State means any of the several States, the District of Columbia or any territory or possession of the United States, or any governmental entity or person acting on behalf of such State, and with the authority to impose, levy or collect taxes. (i) Tax Except as otherwise specifically provided below, the term tax means any type of charge required by statute, regulation or agreement to be paid or furnished to a State or Locality, regardless of whether such charge is denominated as a tax, a fee, or any other type of exaction. The term tax does not include any charge imposed by a State or Locality with respect to a concession agreement at a federally assisted airport (provided the agreement does not violate the revenue diversion provisions of section 40116(d) of title 49 of the United States Code, or the registration, licensing, or inspection of motor vehicles), if the charge is imposed generally with respect to motor vehicles, without regard to whether such vehicles are used in the business of renting motor vehicles within the State or Locality. (j) Tax base The term tax base means the receipts, income, value, weight, or other measure of a tax to which the rate is applied. The tax base of a tax imposed on a per unit basis is the unit. (k) Tax rate generally applicable to other commercial and industrial taxpayers The term tax rate generally applicable to other commercial and industrial taxpayers means the lower of— (1) the tax rate imposed on the greatest number of other commercial and industrial taxpayers or their customers, or (2) the unweighted average rate at which the tax is imposed. 4. Prohibited acts No State or Locality may levy or collect a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property. 5. Remedies (a) Jurisdiction Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain or terminate any acts in violation of this Act, except that such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (b) Burden of proof The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (c) Relief In granting relief against a tax which is imposed in violation of section 4, the court shall strike the tax in its entirety, unless the court finds the tax— (1) is the equivalent of a specific tax imposed on at least 51 percent of other commercial and industrial taxpayers, and (2) is not discriminatory in effect. If such tax is discriminatory in effect with respect to tax rate or amount only, the court shall strike only the discriminatory or excessive portion of the tax as determined by the court. Notwithstanding subsection (b) of this section, the burden of proof on the issue of whether a tax is the equivalent of a tax imposed on other commercial and industrial taxpayers shall be on the State or Locality that imposes the tax. (d) Cause of action (1) An action to enforce the provisions of this Act may be brought only by a person who— (A) rents motor vehicles to another person, (B) is engaged in the business of renting motor vehicles, (C) owns motor vehicle rental property, or (D) rents a motor vehicle from another person. (2) A person who rents a motor vehicle from another person and is seeking relief under this Act may only bring a cause of action against the State or Locality imposing the discriminatory tax as defined by this Act. 6. Limitations This Act shall not be construed to constitute the consent of Congress to State or Local taxation that would be prohibited in the absence of this Act. 7. Effective date (a) Effective date The provisions of this Act shall become effective on the date of the enactment of this Act. (b) Exclusion Discriminatory taxes as defined by this Act are not prohibited under this Act if— (1) State or Local legislative authorization for a discriminatory tax that is in effect as of the date of the enactment of this Act, does not lapse, the tax rate does not increase and the tax base for such tax does not change; or (2) a State enacts legislation by the date of the enactment of this Act— (A) that specifically authorizes a Locality to impose a discriminatory tax; (B) the Locality imposes the authorized tax within five years from the date the State enacted the authorization for the Local tax; and (C) the tax rate imposed by the Locality is not increased and the tax base for such tax does not change.

https://www.govinfo.gov/content/pkg/BILLS-113hr2543ih/xml/BILLS-113hr2543ih.xml

113-hr-2544

I 113th CONGRESS 1st Session H. R. 2544 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Schweikert (for himself, Mr. Long , Mr. Sensenbrenner , Mr. Rodney Davis of Illinois , and Mr. DeSantis ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To limit United States economic assistance and to oppose World Bank and International Monetary Fund assistance to the Government of Egypt. 1. Short title This Act may be cited as the Conditioning Economic Assistance and Support to Egypt Act or CEASE Act . 2. Limitation on United States economic assistance and opposition to World Bank and International Monetary Fund assistance to the Government of Egypt (a) United States economic assistance No loan, credit guarantee, insurance, financing, or other assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ; relating to economic assistance) or under the Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq. ) may be provided to the Government of Egypt unless the President certifies to Congress that the Government of Egypt has met the conditions described in subsection (c). (b) World Bank assistance The Secretary of the Treasury shall instruct the United States Executive Director at the International Bank for Reconstruction and Development to use the voice and vote of the United States to oppose any assistance to the Government of Egypt unless the President certifies to Congress that the Government of Egypt has met the conditions described in subsection (c). (c) International Monetary Fund assistance The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice and vote of the United States to oppose any loan agreement for the Government of Egypt unless the President certifies to Congress that the Government of Egypt has met the conditions described in subsection (c). (d) Conditions described The conditions referred to in subsections (a), (b), and (c) are the following: (1) The Government of Egypt has adopted and implemented legal reforms to protect the political, economic, and religious freedoms and human rights of the citizens and residents of Egypt. (2) The Government of Egypt is not acting to restrict the political, economic, or religious freedoms and human rights of the citizens and residents of Egypt. (3) The Government of Egypt is continuing to demonstrate a commitment to free and fair elections and is not taking any steps to interfere with or undermine the credibility of such elections. (4) The Government of Egypt is abiding by and implementing all measures of the agreements set out in the 1979 Egypt-Israel Peace Treaty, including establishing full diplomatic relations through the exchange of ambassadors. (5) The Government of Egypt is taking all necessary action to eliminate smuggling networks and to detect and destroy tunnels between Egypt and the Gaza Strip. (6) The Government of Egypt is taking all necessary action to combat terrorism in the Sinai. (7) The Government of Egypt in consultation with the United States Department of Defense has produced an analysis of Egypt’s current security needs, and the analysis has been shared with Congress. (8) The Government of Egypt has lifted restrictions in law and practice on the work and funding of Egyptian and international nongovernmental organizations, comprising those in the human rights and democracy fields.

https://www.govinfo.gov/content/pkg/BILLS-113hr2544ih/xml/BILLS-113hr2544ih.xml

113-hr-2545

I 113th CONGRESS 1st Session H. R. 2545 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. McDermott introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for an expert advisory panel regarding relative value scale process used under the Medicare physician fee schedule, and for other purposes. 1. Short title This Act may be cited as the Accuracy in Medicare Physician Payment Act of 2013 . 2. Expert advisory panel regarding relative value scale process used in Medicare physician fee schedule Section 1848(c)(2) of the Social Security Act ( 42 U.S.C. 1395m(c)(2) ) is amended by adding at the end the following new subparagraph: (M) Use of expert advisory panel regarding relative value scale process used (i) In general For purposes of providing oversight to the processes (including the process described in subparagraph (K)) relating to valuation of physicians’ services, not later than 90 days after the date of the enactment of this subparagraph, the Secretary shall establish and appoint an expert outside advisory panel (in this subparagraph referred to as the panel ). (ii) Composition of panel The panel shall be composed of individuals with expertise in the valuation of physicians’ services, such as individuals who are medical directors for carriers, experts in medical economics and technology diffusion, and private payer plan representatives, and shall include a mix of physicians in different specialty areas, particularly physicians who are not directly affected by changes in the valuation of physicians’ services under this section (such as retired physicians and physicians who are employed by managed care organizations or academic medical centers), as well as representatives of individuals enrolled under this part. (iii) Duties (I) In general The panel shall provide oversight to the processes of identifying, reviewing, and adjusting valuations for physicians’ services under this section, including activities described in the succeeding provisions of this clause. (II) Establishment of screens The panel may establish screens (in addition to the screens identified under subparagraph (K)(ii)) and other means for identifying physicians’ services for which there are potentially misvalued codes for review, such as services that have experienced substantial changes in length of stay, site of service, volume, practice expense, and other factors that may indicate changes in physician work. (III) Data collection The panel may collect data and develop supporting evidence relating to the valuation of physicians’ services. (IV) Surveys The panel may conduct surveys of suppliers of physicians’ services and may conduct time and motion studies relating to such valuations. (V) Transmitting codes for review and recommendations The panel may transmit with supporting evidence codes for review and recommendations through the means described in subparagraphs (I) through (III) of subparagraph (K)(iii). (VI) Evaluation of recommendations submitted The panel shall evaluate any recommendations submitted through such means (whether pursuant to the solicitation under subclause (V) or otherwise) and report to the Secretary on such evaluation. The panel’s activities under subclauses (III) and (IV) may be conducted directly or through contracts with appropriate, qualified entities. (iv) Application of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the panel, except that section 14 of such Act shall not apply. (v) Funding The Secretary shall provide for the transfer of not to exceed $10,000,000 for each fiscal year (beginning with fiscal year 2014) from the Federal Medical Supplementary Medical Insurance Trust Fund established in section 1841 to the Center for Medicare & Medicaid Services Program Management Account to carry out this subparagraph, including for the management and staffing of the panel and the conduct of activities described in clause (iii). .

https://www.govinfo.gov/content/pkg/BILLS-113hr2545ih/xml/BILLS-113hr2545ih.xml

113-hr-2546

I 113th CONGRESS 1st Session H. R. 2546 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Price of Georgia (for himself, Mr. Marchant , Mr. Schock , Mr. Boustany , and Mr. Tiberi ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect financial transactions in the United States from enforcement of certain excise taxes imposed by any foreign government, and for other purposes. 1. Short title This Act may be cited as the Protect American Investments Act of 2013 . 2. Prohibition on the United States persons paying foreign financial transaction tax (a) In general A United States based company, entity, or person shall be prohibited from paying a financial transaction tax which is imposed by a foreign country on any covered financial transaction. (b) Actions by Secretary The Secretary of the Treasury— (1) not later than 90 days after the date of the enactment of this Act, shall promulgate such regulations or other guidance, and (2) may take such other actions, as may be necessary or appropriate to carry out subsection (a). 3. Prohibition on United States assistance in collecting certain taxes, etc The Secretary of the Treasury may not assist any foreign government with respect to the collection of any excise tax, related penalty, or related judgment by a court of a foreign country or by a foreign government on any covered financial transaction. 4. Protection of financial transactions in the United States from enforcement of excise tax imposed by France The Secretary of the Treasury shall apply paragraph 4 of Article 29 of the Convention Between the Government of the United States of America and the Government of the French Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion With Respect to Taxes on Income and Capital, entered into force on or after January 1, 1996, to exempt covered financial transactions. 5. Definitions For purposes of this Act— (1) Covered financial transaction The term covered financial transaction means a financial transaction occurring on a United States exchange or over the counter within the United States, notwithstanding the nationality of the issuer of such security or the residence of any party to the transaction. (2) Secretary of the Treasury The term Secretary of the Treasury includes any delegate of the Secretary.

https://www.govinfo.gov/content/pkg/BILLS-113hr2546ih/xml/BILLS-113hr2546ih.xml

113-hr-2547

I 113th CONGRESS 1st Session H. R. 2547 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mrs. Capito (for herself and Mr. Meeks ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To determine appropriate risk based capital requirements for community, mid-size, and regional institutions. 1. Short title This Act may be cited as the Determination of Appropriate Risk-Based Capital Requirements for Community Financial Institutions Act of 2013 . 2. Final rules pending impact study (a) In general The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (in this Act collectively referred to as the Federal banking agencies ) shall conduct an empirical study in accordance with subsection (b) prior to issuing any final rule in relation to all proposed regulatory capital rules issued by the Federal banking agencies for the international Basel III agreement ( Basel III Rules ). (b) Issues To be studied The study required by this section shall include— (1) the potential impact of the Basel III Rules on the financial services sector of the United States, and specifically community, mid-size, and regional financial institutions, including changes to required capital levels in the aggregate, per asset class and institution size; (2) the long-term potential impact of the Basel III Rules, including changes to the current risk-weight framework; (3) the cost and complexity of the Basel III Rules for community financial institutions; (4) the potential indicators of community banks having to maintain higher leverage capital ratios and higher total risk-based capital ratios than non-community banks, and if such capital levels are commensurate with higher historical losses or greater risk; (5) the historical probability of default and loss given default of residential mortgage loans and the proposed risk weightings in the Basel III Rules, and whether such proposed risk weightings are appropriately and fairly calibrated, specifically for community, mid-size, and regional financial institutions; and (6) the impact of the Basel III Rules on real estate markets, and specifically, residential mortgage lending and home equity lines of credit. (c) Exception for global systemically important banks The delay in rulemaking required under subsection (a) shall not apply to rules applicable to global systemically important banks, as identified by the Financial Stability Board. 3. Voluntary participation Any financial institution may voluntarily provide information for the study upon the request of the agencies, but may not be required to provide such information. 4. Final report (a) Availability to the public A final report on the completed study required by this Act shall be made available to the public for notice and comment for a period of not less than 90 days. (b) Report to Congress The Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and testify before such committees, on the results of the study required by this Act and a summary of the comments received under subsection (a). (c) Review The Federal banking agencies shall review any comments submitted under subsections (a) and (b) and considerations provided pursuant to subsections (a) and (b), and following such review, shall prescribe new rules, if appropriate, based on the results of the study and such comments and considerations. Notwithstanding any other provision of law, a new rulemaking following such comment period shall include an additional comment period of not less than 90 days. 5. Delay of rulemaking A regulation issued by the Federal banking agencies to implement the International Basel III agreement on general risk-based capital requirements may not take effect until after the end of the 1-year period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2547ih/xml/BILLS-113hr2547ih.xml

113-hr-2548

I 113th CONGRESS 1st Session H. R. 2548 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Royce (for himself, Mr. Engel , Mr. Smith of New Jersey , and Ms. Bass ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a comprehensive United States Government policy to assist countries in sub-Saharan Africa to develop an appropriate mix of power solutions for more broadly distributed electricity access in order to support poverty alleviation and drive economic growth, and for other purposes. 1. Short title This Act may be cited as the Electrify Africa Act of 2013 . 2. Purpose The purpose of this Act is to improve access to affordable, reliable electricity in Africa in order to unlock the potential for economic growth, job creation, food security, improved health and education outcomes, and sustainable poverty reduction. 3. Findings Congress finds that— (1) 589,000,000 people in sub-Saharan Africa, or 68 percent of the population, do not have access to electricity, as of 2010; (2) electricity services are highly unreliable and remain at least twice as expensive compared to other emerging regions for the majority of people with access to electricity in sub-Saharan Africa; (3) lack of access to electricity services dis­pro­por­tion­al­ly affects women—who often shoulder the burden of seeking sources of heat and light such as dung, wood or charcoal and are often more exposed to the associated negative health impacts. Women and girls also face increase risks of assault from walking long distances to gather fuel sources; (4) people without access to electricity are often trapped in subsistence lifestyles and are unable to work their way out of poverty; (5) a lack of electricity contributes to the high use of inefficient and often highly polluting fuel sources for indoor cooking, heating, and lighting that produce toxic fumes resulting in more than 3,000,000 annual premature deaths from respiratory disease, more annual deaths than from HIV/AIDS and malaria in sub-Saharan Africa; (6) electricity access is crucial for the storage of vaccines and anti-retroviral and other lifesaving medical drugs, as well as the operation of modern lifesaving medical equipment; (7) electricity access can be used to improve food security by enabling post-harvest processing, pumping, irrigation, dry grain storage, milling, refrigeration, and other uses; (8) electricity access can provide improved lighting options, internet access, mobile phone charging, and other new information and communication technologies that can greatly improve health and education outcomes as well as commercial possibilities; (9) Africa’s consumer base of 1,000,000,000 people is rapidly growing and will create increasing demand for United States goods, services, and technologies, but the current African electricity deficit limits this growth in demand by restricting economic growth on the continent; (10) approximately 30 African countries face endemic power shortages, and nearly 70 percent of surveyed African businesses cite unreliable power as a major constraint to growth; (11) the Millennium Challenge Corporation’s work in the energy sector shows high projected economic rates of returns that translate to sustainable economic growth and that the highest returns are projected when infrastructure improvements are coupled with significant legislative and regulatory and institutional policy reforms; (12) in some countries, regulatory bottlenecks and legal constraints stifle the ability of private investment to assist in the generation and distribution of electricity; and (13) without new policies and more effective investments in electricity sector enterprises to increase and expand electricity access in sub-Saharan Africa, over 70 percent of the rural population, and 48 percent of the total population, will remain without access to electricity by 2030. 4. Statement of policy Congress declares that it is the policy of the United States, in consultation with sub-Saharan African governments, to— (1) encourage the installation of at least an additional 20,000 megawatts of electrical power in sub-Saharan Africa by 2020; (2) promote first-time access to electricity for at least 50,000,000 people in sub-Saharan Africa by 2020 in both urban and rural areas; and (3) promote efficient institutional platforms to provide electrical service to rural and underserved areas. 5. Development of a comprehensive, multiyear strategy (a) Strategy The President shall establish a comprehensive, integrated, multiyear strategy to assist countries in sub-Saharan Africa to develop an appropriate mix of power solutions, including renewable energy, to provide sufficient electricity access to people living in rural and urban areas in order to alleviate poverty and drive economic growth. Such strategy shall maintain sufficient flexibility and remain responsive to technological innovation in the power sector. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report setting forth the strategy described in subsection (a). (2) Report contents The report required by paragraph (1) shall include a discussion of the elements described in paragraph (3), and should include a discussion of any additional elements relevant to the strategy described in subsection (a). (3) Report elements The elements referred to in paragraph (2) are the following: (A) The general and specific objectives of the strategy described in subsection (a), the criteria for determining success of the strategy, and a description of the manner in which the strategy will increase production and improve access to electricity. (B) Development of plans and regulations at the national, regional, and local level to increase power production, strengthen electrical transmission and distribution infrastructure, and improve access to electricity. (C) Administration plans to increase access to electricity, including a description of how the strategy will address commercial and residential needs, as well as urban and rural access. (D) Administration strategy to reduce waste and improve existing power generation through the use of a broad power mix and use of a distributed generation model. (E) Administration policy on engaging and leveraging private sector resources and public sector financing. (F) A description of the strategy for the transfer of relevant technology and skills to local participation in the long-term maintenance and management of such investments to ensure power sector investments are sustainable, including the details of the programs to be undertaken to maximize United States contributions in the areas of technical assistance and training. (G) An identification of the relevant executive branch agencies that will be involved in carrying out the strategy, the level and distribution of resources that will be dedicated on an annual basis among the such agencies, the assignment of priorities to such agencies, a description of the role of each agency, and the types of programs that each agency will be undertaking. (H) A description of the mechanisms that will be utilized to coordinate the efforts of the relevant executive branch agencies in carrying out the strategy to avoid duplication of efforts, enhance coordination, and ensure that each agency undertakes programs primarily in those areas where each such agency has the greatest expertise, technical capabilities, and potential for success. (I) A description of the mechanisms to be established for monitoring and evaluating increased electricity access development, for learning and transmitting best practices among relevant executive branch agencies as well as among participating countries, and for terminating unsuccessful programs. (J) A description of the engagement plan for working with local communities benefitting from the projects and affected by the projects as well as the environment and social impacts of the projects. (K) A description of the mechanisms that will be utilized to ensure greater coordination between the United States and foreign governments, international organizations, African regional economic communities, international financial institutions, and private sector organizations. (L) A description of how United States leadership will be used to enhance the overall international response to prioritizing electricity access for sub-Saharan Africa and to strengthen coordination among relevant international forums such as the G8 and G20. (M) An outline of how the Administration intends to partner with foreign governments, the World Bank Group, the African Development Bank Group, and the public sector to assist sub-Saharan African countries to conduct project feasibility studies and facilitate project development. (N) A description of how the Administration intends to help facilitate transnational and regional power and electrification projects where appropriate. 6. USAID (a) Loan guarantees It is the sense of Congress that in pursuing the policy goals described in section 4, the Administrator of USAID should identify and prioritize— (1) where loan guarantees to local African financial institutions would facilitate the involvement of such financial institutions in power projects in Africa; and (2) where partnerships and grants for research, development, and deployment of technology would increase access to electricity in Africa. (b) Grants It is the sense of Congress that the Administrator of USAID, acting through USAID’s Bureau for Africa and Economic Growth, Education and Environment, should consider providing grants to— (1) develop national, regional, and local energy and electricity policy plans; (2) expand distribution of electricity access to the poorest; and (3) build a country’s capacity to monitor and regulate the energy and electricity sector. (c) USAID defined In this section, the term USAID means the United States Agency for International Development. 7. Department of the Treasury In pursuing the policy goals described in section 4, the Secretary of the Treasury should direct the United States Executive Director at each institution in the World Bank Group and the African Development Bank to use the voice, vote, and influence of the United States to encourage each such entity to— (1) commit to significantly increase power sector and electrification investments in sub-Saharan Africa; (2) consider energy needs of individuals where access to an electricity grid is impractical or cost-prohibitive; (3) enhance coordination with the private sector in sub-Saharan Africa to increase access to electricity; (4) provide technical assistance to the regulatory authorities of sub-Saharan African governments to remove unnecessary barriers to investment in commercially viable projects, reduce transmission and distribution losses, encourage end-use efficiency, strengthen local markets, and unlock domestic investment in the power sector; and (5) utilize clear, accountable, and metric-based targets to measure the effectiveness of such projects. 8. Overseas Private Investment Corporation (a) In general The Overseas Private Investment Corporation should— (1) in carrying out its programs and pursuing the policy goals described in section 4, place a priority on supporting investment in the electricity sector of sub-Saharan Africa and implement procedures for expedited review of and, where appropriate, approval of, applications by eligible investors for loans, loan guarantees, and insurance for such investments; (2) to the extent permitted by its authorities, policies, and programs, support investments in projects that will— (A) maximize the number of people with new access to electricity to support economic development; (B) improve the transmission and distribution of electricity; (C) provide reliable and low-cost electricity to people living in rural and urban communities; (D) consider energy needs of individuals where access to an electricity grid is impractical or cost-prohibitive; and (E) reduce transmission and distribution losses and improve end-use efficiency; (3) encourage small- and medium-sized enterprises and cooperative service providers to participate in investment activities in sub-Saharan Africa; and (4) publish measurable development impacts of its investments. (b) Amendments Title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 is amended— (1) in section 233 (22 U.S.C. 2193)— (A) in subsection (b), by inserting after the sixth sentence the following new sentence: Of the eight such Directors, not more than six should be of the same political party. ; and (B) by adding at the end the following new subsection: (e) Investment advisory council The Board shall take prompt measures to increase the loan, guarantee, and insurance programs, and financial commitments, of the Corporation in sub-Saharan Africa, including through the use of an investment advisory council to assist the Board in developing and implementing policies, programs, and financial instruments with respect to sub-Saharan Africa. In addition, the investment advisory council shall make recommendations to the Board on how the Corporation can facilitate greater support by the United States for trade and investment with and in sub-Saharan Africa. The investment advisory council shall terminate on December 31, 2017. ; (2) in section 234(c) ( 22 U.S.C. 2194(c) ), by inserting eligible investors or after involve ; (3) in section 235(a)(2) ( 22 U.S.C. 2195 ), by striking 2007 and inserting 2016 ; and (4) in section 239(e) ( 22 U.S.C. 2199(e) ) to read as follows: (e) Inspector general The Board shall appoint and maintain an Inspector General in the Corporation, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.). . (c) Policy Not later than 180 days after the date of the enactment of this Act, the Board of Directors and President of the Overseas Private Investment Corporation are hereby directed to issue policy guidance that permits significant investment in the electricity sector of the poorest and lowest pollution-emitting countries in a development-driven and environmentally sensitive manner. 9. Trade and Development Agency (a) In general The Director of the Trade and Development Agency should— (1) promote United States private sector participation in energy sector development projects in sub-Saharan Africa through project preparation activities, including feasibility studies, technical assistance, pilot projects, reverse trade missions, conferences and workshops; and (2) seek opportunities to fund project preparation activities that involve increased access to electricity, including power generation and trade capacity building. (b) Focus In pursuing the policy goals described in section 4, project preparation activities described in subsection (a) should focus on power generation using clean energy sources, improving the efficiency of transmission and distribution grids, including on-grid, off-grid and mini-grid solutions, and promoting energy efficiency and demand-side management. 10. Progress report Not later than three years after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on progress made toward achieving the policy goals described in section 4, including the following: (1) The number and type of policy and legislative changes implemented in partner countries to support increased electricity generation and access since United States engagement. (2) A list of power sector and electrification projects United States Government instruments are supporting to achieve the policy goals described in section 4, and for each such project— (A) a description of how each such project fits into the national power plans of the partner country; (B) the total cost of each such project and predicted United States Government contributions to such projects broken down by United States Government funding source, including from the Overseas Private Investment Corporation, the United States Agency for International Development, the Department of the Treasury, and other appropriate United States Government departments and agencies; (C) the amount of actual United States Government financing provided to such projects, broken down by United States Government funding source, including from the Overseas Private Investment Corporation, the United States Agency for International Development, the Department of the Treasury, and other appropriate United States Government departments and agencies; (D) the predicted electrical power capacity in megawatts of each project upon completion; (E) expected environmental and social impacts from each project; (F) the number of individuals, businesses, schools, and health facilities that have gained electricity connections as a result of each project at the time of such report; (G) the predicted number of individuals gaining electricity connections as a result of each project upon completion; and (H) the current operating electrical power capacity in megawatts of each project.

https://www.govinfo.gov/content/pkg/BILLS-113hr2548ih/xml/BILLS-113hr2548ih.xml

113-hr-2549

I 113th CONGRESS 1st Session H. R. 2549 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Ms. Brownley of California (for herself, Mr. Vargas , and Mrs. Napolitano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To award grants to States to establish a Seal of Biliteracy program to recognize high-level student proficiency in speaking, reading, and writing in both English and a second language. 1. Short title This Act may be cited as the Biliteracy Education Seal and Teaching Act or the BEST Act . 2. Findings Congress finds the following: (1) The people of the United States celebrate cultural and linguistic diversity and seek to prepare students with skills to succeed in the 21st century. (2) It is fitting to commend the dedication of students who have achieved proficiency in multiple languages and to encourage their peers to follow in their footsteps. (3) The study of world languages in elementary and secondary schools should be encouraged because it contributes to a student’s cognitive development and to the national economy and security. (4) Recognition of student achievement in language proficiency will enable institutions of higher education and employers to readily recognize and acknowledge the valuable expertise of bilingual students in academia and the workplace. (5) California has pioneered the first State system in the Nation to recognize students for achieving proficiency in multiple languages. In 2012, California awarded a Seal of Biliteracy to over 10,000 graduating high school seniors in 37 school districts. (6) Students in every State should be able to benefit from a Seal of Biliteracy program. 3. State Seal of Biliteracy program (a) Establishment The Secretary of Education shall award grants to States to establish or improve a Seal of Biliteracy program to recognize student proficiency in speaking, reading, and writing in both English and a second language. (b) Grant application In order to receive a grant under this section, a State shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, including— (1) a description of the criteria a student must meet to demonstrate proficiency in speaking, reading, and writing in both English and a second language; (2) assurances that a student who meets the requirements under paragraph (1)— (A) receives a permanent seal or other marker on the student’s secondary school diploma or its equivalent; and (B) receives documentation of proficiency in the student’s official academic transcript; and (3) assurances that a student is not charged a fee for submitting an application under subsection (c). (c) Student participation in a Seal of Biliteracy program To participate in a Seal of Biliteracy program, a student must submit an application to the State that serves the student at such time, in such manner, and containing such information and assurances as the State may require, including assurances that the student— (1) will receive a secondary school diploma or its equivalent in the year the student submits an application; and (2) has met the criteria established by the State under subsection (b)(1). (d) Student eligibility for application A student who gained proficiency in a second language outside of school may apply to participate in a Seal of Biliteracy program under subsection (c). (e) Use of funds Grant funds made available under this section shall be used for administrative costs of establishing or improving and carrying out a Seal of Biliteracy program and for public outreach and education about that program. (f) Grant terms (1) Duration A grant awarded under this section shall be for a period of 2 years, and may be renewed at the discretion of the Secretary. (2) Renewal At the end of a grant term, the recipient of such grant may reapply for a grant under this section. (3) Limitations A grant recipient under this section shall not have more than 1 grant under this section at anytime. (4) Return of unspent grant funds Not later than 6 months after the date on which a grant term ends, a recipient of a grant under this section shall return any unspent grant funds to the Secretary. (g) Report Not later than 9 months after receiving a grant under this section, a grant recipient shall issue a report to the Secretary describing the implementation of the Seal of Biliteracy program. (h) Definitions In this section: (1) ESEA definitions The terms secondary school , Secretary , and State have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Second language The term second language means any language other than English, including Braille and American Sign Language. (3) Seal of Biliteracy program The term Seal of Biliteracy program means any program established under section 3 of this Act. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2019 to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2549ih/xml/BILLS-113hr2549ih.xml

113-hr-2550

I 113th CONGRESS 1st Session H. R. 2550 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Rush introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to enhance services to small business concerns that are disadvantaged, and for other purposes. 1. Short title This Act may be cited as the Minority Small Business Enhancement Act of 2013 . 2. Enhancement of services to small businesses that are disadvantaged (a) Net worth Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended by inserting after disadvantaged individual. the following: For purposes of eligibility for admission as a Program Participant and for continued eligibility after admission, the net worth of such individual may be any amount less than $1,500,000. . (b) Time limit on participation Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting (A) after (15) ; and (3) by adding at the end the following: (B) No time limitation relating to the period that a small business concern may receive developmental assistance under the Program and contracts under section 8(a) shall apply to a small business concern that has not completed a contract under section 8(a). . 3. Bundled contracts (a) Definition Section 3(o) of the Small Business Act ( 15 U.S.C. 632(o) ) is amended to read as follows: (o) Definitions of bundling of contract requirements and related terms For purposes of this Act: (1) Bundled contract (A) In general The term bundled contract means a contract or order that is entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to its designation by the procuring agency or whether a study of the effects of the solicitation on civilian or military personnel has been made. (B) Exceptions The term does not include— (i) a contract or order with an aggregate dollar value below the dollar threshold specified in paragraph (5); or (ii) a contract or order that is entered into to meet procurement requirements, all of which are exempted requirements under paragraph (6). (2) Bundling of contract requirements (A) In general The term bundling of contract requirements means the use of any bundling methodology to satisfy 2 or more procurement requirements for goods or services previously supplied or performed under separate smaller contracts or orders, or to satisfy 2 or more procurement requirements for construction services of a type historically performed under separate smaller contracts or orders, that is likely to be unsuitable for award to a small business concern due to— (i) the diversity, size, or specialized nature of the elements of the performance specified; (ii) the aggregate dollar value of the anticipated award; (iii) the geographical dispersion of the contract or order performance sites; or (iv) any combination of the factors described in clauses (i), (ii), and (iii). (B) Inclusion of new features or functions A combination of contract requirements that would meet the definition of a bundling of contract requirements but for the addition of a procurement requirement with at least one new good or service shall be considered to be a bundling of contract requirements unless the new features or functions substantially transform the goods or services and will provide measurably substantial benefits to the government in terms of quality, performance, or price. (C) Exceptions The term does not include— (i) the use of a bundling methodology for an anticipated award with an aggregate dollar value below the dollar threshold specified in paragraph (5); or (ii) the use of a bundling methodology to meet procurement requirements, all of which are exempted requirements under paragraph (6). (3) Bundling methodology The term bundling methodology means— (A) a solicitation to obtain offers for a single contract or order, or a multiple award contract or order; or (B) a solicitation of offers for the issuance of a task or a delivery order under an existing single or multiple award contract or order. (4) Separate smaller contract The term separate smaller contract , with respect to bundling of contract requirements, means a contract or order that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns. (5) Dollar threshold The term dollar threshold means $65,000,000, if solely for construction services, and $5,000,000 with respect to all other circumstances. (6) Exempted requirements The term exempted requirement means a procurement requirement solely for items that are not commercial items (as the term commercial item is defined in section 4(12) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(12) ). (7) Procurement requirement The term procurement requirement means a determination by an agency that a specified good or service is needed to satisfy the mission of the agency. . (b) Proposed procurement requirements Section 15(a) of the Small Business Act ( 15 U.S.C. 644(a) ) is amended— (1) by striking necessary and justified. and inserting necessary and justified, as well as identifying information on the incumbent contract holders, a description of the industries which might be interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is combined or packaged. ; and (2) by striking the sentence beginning Whenever the Administration and the contracting procurement agency fail to agree, and inserting the following: Whenever the Administration and the contracting procurement agency fail to agree, the Administrator may review the proposed procurement, may delay the solicitation process for not more than 10 days to make recommendations, and the matter shall be submitted to the Director of the Office of Management and Budget to mediate the disagreement. . 4. Federal contracting goals (a) Increase in certain goals Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended— (1) by striking not less than 23 percent and inserting not less than 25 percent ; and (2) by striking not less than 5 percent each place it appears and inserting not less than 10 percent . (b) Limitation on number of categories for which a business may qualify Section 15(g) of the Small Business Act ( 15 U.S.C. 644(g) ) is amended by adding at the end the following: (3) For purposes of this subsection and subsection (h), with respect to each procurement contract a small business concern may not qualify as more than 2 specified categories, regardless of whether such small business concern satisfies the definition of more than 2 specified categories. The specified categories are small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. . (c) Government accountability office study Not later than October 1, 2014, the Comptroller General of the United States shall conduct and submit to Congress a report describing the results of a study on disparities in the awarding of Federal contracts to procure goods or services with respect to small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns, and other business concerns.

https://www.govinfo.gov/content/pkg/BILLS-113hr2550ih/xml/BILLS-113hr2550ih.xml

113-hr-2551

I 113th CONGRESS 1st Session H. R. 2551 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Rush introduced the following bill; which was referred to the Committee on Small Business , and in addition to the Committees on Financial Services and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Small Business Act to ensure that certain Federal contracts are set aside for small businesses, to enhance services to small businesses that are disadvantaged, and for other purposes. 1. Short title This Act may be cited as the Expanding Opportunities for Main Street Act of 2013 . I SMALL BUSINESS ADMINISTRATION 101. Contract opportunities for small business concerns (a) Definitions In this section— (1) the term eligible contract means any contract for the acquisition of goods or services that is in an amount (including options) of more than $3,000 and less than $500,000; and (2) the term small business concern has the meaning given that term under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). (b) In general Notwithstanding any other provision of law, a Federal department or agency shall, to the extent practicable, award to a small business concern each eligible contract let by the department or agency. (c) Sole source contracts A Federal department or agency may award an eligible contract as a sole source contract to a small business concern if at least 1 small business concern submits an offer with respect to the eligible contract. (d) Award to small business not practicable (1) In general If a contracting officer of a Federal department or agency determines that awarding an eligible contract to a small business concern under subsection (b) is not practicable, the contracting officer shall make available to the Administrator of the Small Business Administration and the public— (A) the determination and reasoning of such officer with respect to the eligible contract; and (B) the name of each small business concern that submitted an offer with respect to the eligible contract. (2) Review The Administrator of the Small Business Administration shall— (A) review a determination under paragraph (1); and (B) if the Administrator determines it is appropriate, open the eligible contract opportunity for the submission of additional offers and award the contract. 102. Enhancement of services to small businesses that are disadvantaged (a) Net worth Section 8(a)(6)(A) of the Small Business Act (15 U.S.C. 637(a)(6)(A)) is amended by inserting after disadvantaged individual. the following: For purposes of this section, an individual having a net worth of more than $1,500,000 is not economically disadvantaged. . (b) Time limit on participation Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by inserting (A) after (15) ; and (3) by adding at the end the following: (B) No time limitation relating to the period that a small business concern may receive developmental assistance under the Program and contracts under section 8(a) shall apply to a small business concern that has not completed a contract under section 8(a). . 103. Bundled contracts (a) Definitions Section 3(o) of the Small Business Act ( 15 U.S.C. 632(o) ) is amended to read as follows: (o) Definitions of bundling of contract requirements and related terms In this Act: (1) Bundled contract (A) In general The term bundled contract means a contract or order that is entered into to meet procurement requirements that are consolidated in a bundling of contract requirements, without regard to how the procuring agency has designated the contract or order or whether a study of the effects of the solicitation on civilian or military personnel has been made. (B) Exceptions The term does not include— (i) a contract or order with an aggregate dollar value below the dollar threshold; or (ii) a contract or order that is entered into to meet an exempted requirement. (2) Bundling of contract requirements (A) In general The term bundling of contract requirements means the use of any bundling methodology to satisfy 2 or more procurement requirements for goods or services previously supplied or performed under separate smaller contracts or orders, or to satisfy 2 or more procurement requirements for construction services of a type historically performed under separate smaller contracts or orders, that is likely to be unsuitable for award to a small business concern due to— (i) the diversity, size, or specialized nature of the elements of the performance specified; (ii) the aggregate dollar value of the anticipated award; (iii) the geographical dispersion of the contract or order performance sites; or (iv) any combination of the factors described in clauses (i), (ii), and (iii). (B) Inclusion of new features or functions A combination of contract requirements that would meet the definition of a bundling of contract requirements but for the addition of a procurement requirement with at least 1 new good or service shall be considered to be a bundling of contract requirements unless the new features or functions substantially transform the goods or services and will provide measurably substantial benefits to the Federal Government in terms of quality, performance, or price. (C) Exceptions The term bundling of contract requirements does not include— (i) the use of a bundling methodology for an anticipated award with an aggregate dollar value below the dollar threshold; or (ii) the use of a bundling methodology to meet an exempted requirement. (3) Bundling methodology The term bundling methodology means— (A) a solicitation to obtain offers for a single contract or order, or a multiple award contract or order; or (B) a solicitation of offers for the issuance of a task or a delivery order under an existing single or multiple award contract or order. (4) Separate smaller contract The term separate smaller contract , with respect to bundling of contract requirements, means a contract or order that has been performed by 1 or more small business concerns or was suitable for award to 1 or more small business concerns. (5) Dollar threshold The term dollar threshold means— (A) $65,000,000, in the case of a contract or order that is solely for construction services; and (B) $5,000,000 for a contract or order not described in subparagraph (A). (6) Exempted requirement The term exempted requirement means a procurement requirement solely for items that are not commercial items (as the term commercial item is defined in section 103 of title 41, United States Code). (7) Procurement requirement The term procurement requirement means a determination by a Federal agency that a specified good or service is needed to satisfy the mission of the Federal agency. . (b) Proposed procurement requirements Section 15(a) of the Small Business Act ( 15 U.S.C. 644(a) ) is amended— (1) in the third sentence, by striking necessary and justified and inserting necessary and justified, and identifying information on the incumbent contract holders, a description of the industries that might be interested in bidding on the contract requirements, and the number of small businesses listed in the industry categories that could be excluded from future bidding if the contract is combined or packaged ; and (2) by striking the sixth sentence and inserting the following: Whenever the Administration and the contracting procurement agency fail to agree, the Administrator may review the proposed procurement or delay the solicitation process for not more than 10 days to make recommendations, and the matter shall be submitted to the Director of the Office of Management and Budget to mediate the disagreement. . 104. Federal contracting goals (a) Increase in certain goals Section 15(g)(1) of the Small Business Act (15 U.S.C. 644(g)(1)) is amended— (1) by striking not less than 23 percent and inserting not less than 25 percent ; and (2) by striking not less than 5 percent each place it appears and inserting not less than 10 percent . (b) Limitation on number of categories for which a business may qualify Section 15(g) of the Small Business Act ( 15 U.S.C. 644(g) ) is amended by adding at the end the following: (3) A Federal agency may not include a business concern in more than 2 specified categories for purposes of determining whether the Federal agency has met the Government-wide goals under this subsection for the award of contracts to business concerns in specified categories. In this paragraph, the term specified category means small business concerns, small business concerns owned and controlled by service-disabled veterans, qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. . 105. Implementation of subcontracting plans Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following: (13) In the case of any contract containing a subcontracting plan included pursuant to paragraph (4) or (5)— (A) The Administrator shall collaborate with the Federal agency awarding the contract to develop and include in the contract a clause providing that, if the contractor meets the percentage goal for the utilization of small business concerns, including those owned and controlled by socially and economically disadvantaged individuals, as set forth in the subcontracting plan, the Federal agency may give additional consideration to contractor. (B) The Federal agency awarding the contract shall require the contractor to provide written justification to the agency whenever the contractor, in performing the contract, does not enter into a subcontract with, or substitutes another subcontractor for, a specific small business concern identified in the subcontracting plan. (14) The Administration shall establish a telephone line or other electronic means of communication through which a small business concern identified in a subcontracting plan by an offeror or bidder may communicate to the Administration any concerns regarding major deviations by prime contractors from the use of small business concerns as subcontractors under the prime contract as described in the subcontracting plan. . 106. Requirement to consider use of small business concerns owned and controlled by socially and economically disadvantaged individuals when considering past compliance with subcontracting plans Section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) is amended— (1) in paragraph (4)(C), in the second sentence, by inserting , especially compliance with the goal set forth in such plans for the utilization of small business concerns owned and controlled by socially and economically disadvantaged individuals, after other such subcontracting plans ; and (2) in paragraph (5)(B), in the second sentence, by inserting , especially compliance with the goal set forth in such plans for the utilization of small business concerns owned and controlled by socially and economically disadvantaged individuals, after other such subcontracting plans . II MINORITY BUSINESS DEVELOPMENT AGENCY 201. Definitions In this title: (1) Historically disadvantaged individual The term historically disadvantaged individual means any individual who is a member of a group that is designated as eligible to receive assistance under section 1400.1 of title 15, Code of Federal Regulations, as in effect on January 1, 2009. (2) Principal The term principal means any person that the Director determines to exercise significant control over the regular operations of a business entity. (3) Program The term Program means the Minority Business Development Program established under section 202. 202. Emerging minority business development program The National Director of the Minority Business Development Agency shall establish the Minority Business Development Program to assist qualified minority businesses. The Program shall provide to such businesses the following: (1) Technical assistance under section 204. (2) Loan guarantees under section 208. (3) Contract procurement assistance under section 205. 203. Qualified minority business (a) Certification For purposes of the Program, the National Director of the Minority Business Development Agency may certify as a qualified minority business any entity that satisfies each of the following: (1) Not less than 51 percent of the entity is directly and unconditionally owned or controlled by historically disadvantaged individuals. (2) Each officer or other individual who exercises control over the regular operations of the entity is a historically disadvantaged individual. (3) The net worth of each principal of the entity is not greater than $2,000,000. (The equity of a disadvantaged owner in a primary personal residence shall not be considered in this calculation.) (4) The principal place of business of the entity is in the United States. (5) Each principal of the entity maintains good character in the determination of the National Director. (6) The entity engages in competitive and bona fide commercial business operations in not less than one sector of industry that has a North American Industry Classification System code. (7) The entity submits reports to the National Director at such time, in such form, and containing such information as the National Director may require. (8) Such other requirements as the National Director considers appropriate. (b) Term of certification A certification under this section shall be for a term of 5 years and may not be renewed. 204. Technical assistance (a) In general In carrying out the Program, the National Director of the Minority Business Development Agency may provide to qualified minority businesses technical assistance with regard to the following: (1) Writing business plans. (2) Marketing. (3) Management. (4) Securing sufficient financing for business operations. (b) Contract authority The National Director may enter into agreements with persons to provide technical assistance under this section. 205. Set-aside contracting opportunities (a) In general The National Director of the Minority Business Development Agency may enter into agreements with the United States Government and any department, agency, or officer thereof having procurement powers for purposes of providing for the fulfillment of procurement contracts and providing opportunities for qualified minority businesses with regard to such contracts. (b) Qualifications on participation The National Director shall by rule establish requirements for participation under this section by a qualified minority business in a contract. (c) Annual limit on number of contracts per qualified minority business A qualified minority business may not participate under this section in contracts in an amount that exceeds $10,000,000 for goods and services each fiscal year. (d) Limits on contract amounts (1) Goods and services Except as provided in paragraph (2), a contract for goods and services under this section may not exceed $6,000,000. (2) Manufacturing and construction A contract for manufacturing and construction services under this section may not exceed $10,000,000. 206. Termination from program The National Director of the Minority Business Development Agency may terminate a qualified minority business from the Program for any violation of a requirement of sections 203 through 206 by that qualified minority business, including the following: (1) Conduct by a principal of the qualified minority business that indicates a lack of business integrity. (2) Willful failure to comply with applicable labor standards and obligations. (3) Consistent failure to tender adequate performance with regard to contracts under the Program. (4) Failure to obtain and maintain relevant certifications. (5) Failure to pay outstanding obligations owed to the Federal Government. 207. Authorization of appropriations (a) Authorization of Appropriations There are authorized to be appropriated $200,000,000 to the National Director to carry out this section. Such sums shall remain available until expended. 208. Loan guarantees (a) In general Subject to subsection (b), the National Director of the Minority Business Development Agency may guarantee up to 90 percent of the amount of a loan made to a qualified minority business to be used for business purposes, including the following: (1) Purchasing essential equipment. (2) Payroll expenses. (3) Purchasing facilities. (4) Renovating facilities. (b) Terms and conditions (1) In general The National Director may make guarantees under this section for projects on such terms and conditions as the National Director determines appropriate, after consultation with the Secretary of the Treasury, in accordance with this section. (2) Repayment No guarantee shall be made under this section unless the National Director determines that there is reasonable prospect of repayment of the principal and interest on the obligation by the borrower. (3) Defaults (A) Payment by national director (i) In general If a borrower defaults on the obligation (as defined in regulations promulgated by the National Director and specified in the guarantee contract), the holder of the guarantee shall have the right to demand payment of the unpaid amount from the National Director. (ii) Payment required Within such period as may be specified in the guarantee or related agreements, the National Director shall pay to the holder of the guarantee the unpaid interest on, and unpaid principal of the obligation as to which the borrower has defaulted, unless the National Director finds that there was no default by the borrower in the payment of interest or principal or that the default has been remedied. (iii) Forbearance Nothing in this paragraph precludes any forbearance by the holder of the obligation for the benefit of the borrower which may be agreed upon by the parties to the obligation and approved by the Director. (B) Subrogation (i) In general If the National Director makes a payment under subparagraph (A), the National Director shall be subrogated to the rights of the recipient of the payment as specified in the guarantee or related agreements including, where appropriate, the authority (notwithstanding any other provision of law) to— (I) complete, maintain, operate, lease, or otherwise dispose of any property acquired pursuant to such guarantee or related agreements; or (II) permit the borrower, pursuant to an agreement with the National Director, to continue to pursue the purposes of the project if the National Director determines this to be in the public interest. (ii) Superiority of rights The rights of the National Director, with respect to any property acquired pursuant to a guarantee or related agreements, shall be superior to the rights of any other person with respect to the property. (iii) Terms and conditions A guarantee agreement shall include such detailed terms and conditions as the National Director determines appropriate to— (I) protect the interests of the United States in the case of default; and (II) have available all the patents and technology necessary for any person selected, including the National Director, to complete and operate the project. (C) Payment of principal and interest by national director With respect to any obligation guaranteed under this section, the National Director may enter into a contract to pay, and pay, holders of the obligation, for and on behalf of the borrower, from funds appropriated for that purpose, the principal and interest payments which become due and payable on the unpaid balance of the obligation if the National Director finds that— (i) (I) the borrower is unable to meet the payments and is not in default; (II) it is in the public interest to permit the borrower to continue to pursue the purposes of the project; and (III) the probable net benefit to the Federal Government in paying the principal and interest will be greater than that which would result in the event of a default; (ii) the amount of the payment that the National Director is authorized to pay shall be no greater than the amount of principal and interest that the borrower is obligated to pay under the agreement being guaranteed; and (iii) the borrower agrees to reimburse the National Director for the payment (including interest) on terms and conditions that are satisfactory to the National Director. (D) Action by attorney general (i) Notification If the borrower defaults on an obligation, the National Director shall notify the Attorney General of the default. (ii) Recovery On notification, the Attorney General shall take such action as is appropriate to recover the unpaid principal and interest due from— (I) such assets of the defaulting borrower as are associated with the obligation; or (II) any other security pledged to secure the obligation. (4) Fees (A) In general The National Director shall charge and collect fees for guarantees in amounts the National Director determines are sufficient to cover applicable administrative expenses, not to exceed 1 percent of the amount guaranteed. (B) Availability Fees collected under this paragraph shall— (i) be deposited by the National Director into the Treasury; and (ii) remain available until expended, subject to such other conditions as are contained in annual appropriations Acts. (c) Credit requirements To receive a loan guaranteed under this section a qualified minority business shall— (1) be in good standing with regard to the credit of that business in the determination of the National Director; (2) have received technical assistance under section 204; and (3) submit reports, at such time, in such form, and containing such information as the National Director may require regarding the credit of the business. (d) Limits on guarantee amounts (1) Maximum amount of guarantee The National Director may not guarantee more than $450,000 of any loan under this section. (2) Maximum gross loan amount A loan guaranteed under this section may not be for a gross loan amount in excess of $500,000. (e) Authorization of appropriations There are authorized to be appropriated to the National Director not more than $500,000,000 to carry out this section during fiscal years 2014 through 2019. 209. Reports (a) Report of the director Not later than October 1, 2012, and annually thereafter, the National Director of the Minority Business Development Agency shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the activities of the National Director during the preceding year with respect to the Program. (b) Report of the secretary of commerce Not later than October 1, 2012, and annually thereafter, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report describing the activities the Secretary engaged in during the preceding year to build wealth among historically disadvantaged individuals. 210. Minority business development agency database Not later than 90 days after the date of the enactment of this Act, the National Director of the Minority Business Development Agency shall establish a database to assist prime contractors in identifying historically disadvantaged firms for subcontracting.

https://www.govinfo.gov/content/pkg/BILLS-113hr2551ih/xml/BILLS-113hr2551ih.xml

113-hr-2552

I 113th CONGRESS 1st Session H. R. 2552 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Ms. DeGette introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain lands in the State of Colorado as components of the National Wilderness Preservation System, and for other purposes. 1. Short title; definition (a) Short title This Act may be cited as the Colorado Wilderness Act of 2013 . (b) Secretary defined As used in this Act, the term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. 2. Additions to national wilderness preservation system in the State of Colorado (a) Additions Section 2(a) of the Colorado Wilderness Act of 1993 ( Public Law 103–77 ; 107 Stat. 756; 16 U.S.C. 1132 note) is amended— (1) in paragraph (4) by striking 1993, and inserting 1993, and certain lands managed by the Gunnison Field Office which comprise approximately 3,325 acres, as depicted on a map titled Proposed Powderhorn Wilderness Addition and dated October 20, 2010, ; and (2) by adding at the end the following paragraphs: (22) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management which comprise approximately 15,200 acres, as generally depicted on a map titled Bull Gulch and Castle Peak Proposed Wilderness Areas , dated October 20, 2010, which shall be known as the Bull Gulch Wilderness. (23) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management which comprise approximately 12,225 acres, as generally depicted on a map titled Bull Gulch and Castle Peak Proposed Wilderness Areas , dated October 20, 2010, which shall be known as the Castle Peak Wilderness. (24) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management which comprise approximately 325 acres, as generally depicted on a map titled Maroon Bells Proposed Wilderness , dated October 20, 2010, which is hereby incorporated in and shall be deemed to be a part of the Maroon Bells-Snowmass Wilderness Area designated by Public Law 88–577 . (25) Certain lands managed by the Gunnison Field Office of the Bureau of Land Management which comprise approximately 38,180 acres, as generally depicted on a map titled Redcloud and Handies Peak Proposed Wildernesses , dated October 21, 2010, which shall be known as the Redcloud Peak Wilderness. (26) Certain lands managed by the Gunnison Field Office of the Bureau of Land Management which comprise approximately 16,350 acres, as generally depicted on a map titled Redcloud and Handies Peak Proposed Wildernesses , dated October 21, 2010, which shall be known as the Handies Peak Wilderness. (27) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the Pike National Forest which comprise approximately 19,825 acres, as generally depicted on a map titled Browns Canyon Proposed Wilderness Area , dated October 20, 2010, which shall be known as the Browns Canyon Wilderness. (28) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management which comprise approximately 16,690 acres, as generally depicted on a map titled McIntyre Hills Proposed Wilderness Area , dated October 20, 2010, which shall be known as the McIntyre Hills Wilderness. (29) Certain lands managed by the Glenwood Springs Field Office of the Bureau of Land Management which comprise approximately 11,701 acres, as generally depicted on a map titled Grand Hogback Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Grand Hogback Wilderness. (30) Certain lands managed by the Glenwood Springs Field Office of the Bureau of Land Management or located in the White River National Forest which comprise approximately 16,427 acres, as generally depicted on a map titled Deep Creek Proposed Wilderness and Flat Tops Proposed Wilderness Addition and dated is June 26, 2013, and which are hereby incorporated in and shall be deemed to be a part of the Flat Tops Wilderness designated by Public Law 94–146 . (31) Certain lands managed by the Grand Junction Field Office which comprise approximately 25,881 acres, as generally depicted on a map titled Demaree Canyon Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Demaree Canyon Wilderness. (32) Certain lands managed by the Grand Junction Field Office which comprise approximately 30,557 acres, as generally depicted on a map titled South Shale Ridge and Little Book Cliffs Proposed Wilderness , dated May 31, 2011, which shall be known as the Little Bookcliffs Wilderness. (33) Certain lands managed by the Grand Junction Field Office which comprise approximately 27,569 acres, as generally depicted on a map titled South Shale Ridge and Little Book Cliffs Proposed Wilderness , dated May 31, 2011, which shall be known as the South Shale Ridge Wilderness. (34) Certain lands managed by the Glenwood Springs Field Office or located in the White River National Forest which comprise approximately 20,843 acres, as generally depicted on a map titled Deep Creek Proposed Wilderness and Flat Tops Proposed Wilderness Addition and dated is June 26, 2013, upon being designated as wilderness as provided by section 3(h)(2) of the Colorado Wilderness Act of 2013 . (35) Certain lands managed by the Glenwood Springs Field Office which comprise approximately 15,679 acres, as generally depicted on a map titled Pisgah Mountain Proposed Wilderness and date is June 26, 2013, upon being designated as wilderness as provided by section 3(h)(2) of the Colorado Wilderness Act of 2013 . . (b) Further additions The following lands in the State of Colorado administered by the Bureau of Land Management or the United States Forest Service are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System: (1) Certain lands managed by the Colorado River Valley Field Office of the Bureau of Land Management or located in the White River National Forest: which comprise approximately 21,900 acres, as generally depicted on a map titled Assignation Ridge Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Thompson Creek Wilderness. (2) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management which comprise approximately 20,950 acres, as generally depicted on a map titled Badger Creek Proposed Wilderness Area , dated October 20, 2010, which shall be known as the Badger Creek Wilderness. (3) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management which comprise approximately 33,425 acres, as generally depicted on a map titled Beaver Creek Proposed Wilderness Area , dated October 20, 2010, which shall be known as the Beaver Creek Wilderness. (4) Certain lands managed by the Royal Gorge Field Office of the Bureau of Land Management or located in the San Isabel National Forest which comprise approximately 33,525 acres, as generally depicted on a map titled Grape Creek Proposed Wilderness Area , October 20, 2010, which shall be known as the Grape Creek Wilderness. (5) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management which comprise approximately 21,110 acres, as generally depicted on a map titled Bangs Canyon Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Bangs Canyon Wilderness. (6) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management which comprise approximately 14,089 acres, as generally depicted on a map titled Granite Creek, Unaweep and Palisade Proposed Wilderness , dated June 14, 2011, which shall be known as the Granite Creek Wilderness. (7) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management which comprise approximately 26,914 acres, as generally depicted on a map titled Granite Creek, Unaweep and Palisade Proposed Wilderness , dated June 14, 2011, which shall be known as the Palisade Wilderness. (8) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management or located in the Uncompahgre National Forest, which comprise approximately 39,392 acres, as generally depicted on a map titled Granite Creek, Unaweep and Palisade Proposed Wilderness , dated June 14, 2011, which shall be known as the Unaweep Wilderness. (9) Certain lands managed by the Grand Junction Field Office of the Bureau of Land Management and San Juan Field Office and in the Manti-LaSal National Forest which comprise approximately 65,448 acres, as generally depicted on a map titled Sewemup Mesa Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Sewemup Mesa Wilderness. (10) Certain lands managed by the Kremmling Field Office of the Bureau of Land Management which comprise approximately 33 acres, as generally depicted on a map titled Platte River Addition Proposed Wilderness Area , dated May 31, 2011, and which are hereby incorporated in and shall be deemed to be part of the Platte River Wilderness designated by Public Law 98–550 . (11) Certain lands managed by the Uncompahgre Field Office of the Bureau of Land Management or located in the Uncompahgre National Forest which comprise approximately 22,604 acres, as generally depicted on a map titled Roubideau Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Roubideau Wilderness. (12) Certain lands managed by the Uncompahgre Field Office of the Bureau of Land Management or located in the Uncompahgre National Forest which comprise approximately 13,288 acres, as generally depicted on a map titled Norwood Canyon Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Norwood Canyon Wilderness. (13) Certain lands managed by the San Juan Field Office of the Bureau of Land Management which comprise approximately 25,947 acres, as generally depicted on a map titled Cross Canyon Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Cross Canyon Wilderness. (14) Certain lands managed by the San Juan Field Office of the Bureau of Land Management which comprise approximately 33,467 acres, as generally depicted on a map titled McKenna Peak Proposed Wilderness Area , May 31, 2011, which shall be known as the McKenna Peak Wilderness. (15) Certain lands managed by the San Juan Field Office of the Bureau of Land Management Certain lands which comprise approximately 14,598 acres, as generally depicted on a map titled Weber-Menefee Mountain Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Weber-Menefee Mountain Wilderness. (16) Certain lands managed by the Uncompahgre and San Juan Field Offices of the Bureau of Land Management which comprise approximately 41,133 acres, as generally depicted on a map titled Dolores River Canyon Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Dolores River Canyon Wilderness. (17) Certain lands managed by the San Juan Field Office of the Bureau of Land Management or located in the San Juan National Forest which comprise approximately 32,050 acres, as generally depicted on a map titled Snaggletooth Proposed Wilderness Area , dated May 31, 2011, which shall be known as the Snaggletooth Wilderness. (c) West elk addition Certain lands in the State of Colorado administered by the Gunnison Field Office of the Bureau of Land Management, the United States Forest Service, and the Bureau of Reclamation which comprise approximately 5,000 acres, as generally depicted on a map titled West Elk Addition Proposed Wilderness Area , dated December 13, 2010, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System and are hereby incorporated in and shall be deemed to be a part of the West Elk Wilderness designated by Public Law 88–577 . The boundary adjacent to Blue Mesa Reservoir shall be 50 feet landward from the water’s edge, and shall change according to the water level. (d) Blue mesa reservoir If the Bureau of Reclamation determines that lands within the West Elk Wilderness Addition are necessary for future expansion of the Blue Mesa Reservoir, the Secretary shall by publication of a revised boundary description in the Federal Register revise the boundary of the West Elk Wilderness Addition. (e) Maps and descriptions As soon as practicable after the date of enactment of the Act, the Secretary shall file a map and a boundary description of each area designated as wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Each map and boundary description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or boundary description. The maps and boundary descriptions shall be on file and available for public inspection in the Office of the Director of the Bureau of Land Management, Department of the Interior, and in the Office of the Chief of the Forest Service, Department of Agriculture, as appropriate. (f) State and private lands Lands within the exterior boundaries of any wilderness area designated under this section that are owned by the State of Colorado or by a private entity shall be included within such wilderness area if such lands are acquired by the United States. Such lands may be acquired by the United States only as provided in the Wilderness Act ( 16 U.S.C. 1131 et seq. ). 3. Administrative provisions (a) In general Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this Act, except that, with respect to any wilderness areas designated by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (b) Grazing Grazing of livestock in wilderness areas designated by this Act shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ), as further interpreted by section 108 of Public Law 96–560 , and the guidelines set forth in appendix A of House Report 101–405 of the 101st Congress. (c) State jurisdiction As provided in section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State of Colorado with respect to wildlife and fish in Colorado. (d) Buffer zones (1) In general Nothing in this Act creates a protective perimeter or buffer zone around any area designated as wilderness by section 2. (2) Activities outside wilderness The fact that an activity or use on land outside the areas designated as wilderness by section 2 can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness. (e) Military helicopter overflights (1) In general Nothing in this Act restricts or precludes— (A) low-level overflights of military helicopters over the areas designated as wilderness by section 2, including military overflights that can be seen or heard within any wilderness area; (B) military flight testing and evaluation; or (C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes over any wilderness area. (2) Aerial navigation training exercises The Colorado Army National Guard, through the High-Altitude Army National Guard Aviation Training Site, may conduct aerial navigation training maneuver exercises over the wilderness areas designated by this Act— (A) in a manner consistent with the memorandum of understanding dated August 4, 1987, entered into among the Colorado Army National Guard, the Bureau of Land Management, and the Forest Service; or (B) in a manner consistent with a subsequent memorandum of understanding entered into among the Colorado Army National Guard, the Bureau of Land Management, and the Forest Service. (f) Running events The Secretary may continue to authorize competitive running events currently permitted in the Redcloud Peak Wilderness Area and Handies Peak Wilderness Area in a manner compatible with the preservation of such areas as wilderness. (g) Land trades If the Secretary trades privately owned land within the perimeter of the Redcloud Peak Wilderness Area or the Handies Peak Wilderness Area in exchange for Federal land, then such Federal land shall be located in Hinsdale County, Colorado. (h) Potential wilderness designations (1) In general The following lands are designated as potential wilderness areas: (A) Certain lands managed by the Glenwood Springs Field Office or located in the White River National Forest which comprise approximately 20,843 acres, as generally depicted on a map titled Deep Creek Proposed Wilderness and Flat Tops Proposed Wilderness Addition and dated is June 26, 2013, which, upon designation as wilderness under paragraph (2), shall be known as the Deep Creek Wilderness. (B) Certain lands managed by the Glenwood Springs Field Office which comprise approximately 15,679 acres, as generally depicted on a map titled Pisgah Mountain Proposed Wilderness and date is June 26, 2013, which, upon designation as wilderness under paragraph (2), shall be known as the Pisgah Mountain Wilderness. (2) Designation as wilderness Lands designated as a potential wilderness area by subparagraph (A) or (B) of paragraph (1) shall be designated as wilderness on the date on which the Secretary publishes in the Federal Register a notice that all nonconforming uses of those lands authorized by subsection (e) in the potential wilderness area that would be in violation of the Wilderness Act ( 16 U.S.C. 1131 et seq. ) have ceased. Such publication in the Federal Register and designation as wilderness shall occur for the potential wilderness area as the nonconforming uses cease in that potential wilderness area and designation as wilderness is not dependent on cessation of nonconforming uses in the other potential wilderness area. (3) Management Except for activities provided for under subsection (e), lands designated as a potential wilderness area by paragraph (1) shall be managed by the Secretary in accordance with the Wilderness Act as wilderness pending the designation of such lands as wilderness under this subsection. 4. Water (a) Effect on water rights Nothing in this Act— (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of enactment of this Act; (4) authorizes or imposes any new reserved Federal water rights; and (5) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act. (b) Midstream areas (1) Purpose The purpose of this subsection is to protect for the benefit and enjoyment of present and future generations— (A) the unique and nationally important values of areas designated as wilderness by section 2(b) (including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, environmental, biological, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land); and (B) the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities. (2) Wilderness water rights (A) In general The Secretary shall ensure that any water rights within the wilderness designated by section 2(b) required to fulfill the purposes of such wilderness are secured in accordance with subparagraphs (B) through (G). (B) State law (i) Procedural requirements Any water rights for which the Secretary pursues adjudication shall be appropriated, adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law. (ii) Establishment of water rights (I) In general Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law. (II) Exception Notwithstanding subclause (I) and in accordance with this Act, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the wilderness designated by section 2(b) to fulfill the purposes of such wilderness. (C) Deadline The Secretary shall promptly, but not earlier than January 1, 2016, appropriate the water rights required to fulfill the purposes of the wilderness designated by section 2(b). (D) Required determination The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F). (E) Cooperative enforcement (i) In general The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if— (I) the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of this subsection; and (II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure full exercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of this subsection. (ii) Adjudication If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph. (F) Insufficient water rights If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph (E) to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of this Act, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of this Act in accordance with subparagraph (B). (G) Failure to comply The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that— (i) the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or (ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of this Act. (3) Water resource facility Notwithstanding any other provision of law, beginning on the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the wilderness designated by section 2(b). (c) Access and operation (1) Definition As used in this subsection, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (2) Access to water resource facilities Subject to the provisions of this subsection, the Secretary shall allow reasonable access to water resource facilities in existence on the date of enactment of this Act within the areas described in sections 2(b) and 2(c), including motorized access where necessary and customarily employed on routes existing as of the date of enactment of this Act. (3) Access routes Existing access routes within such areas customarily employed as of the date of enactment of this Act may be used, maintained, repaired, and replaced to the extent necessary to maintain their present function, design, and serviceable operation, so long as such activities have no increased adverse impacts on the resources and values of the areas described in sections 2(b) and 2(c) than existed as of the date of enactment of this Act. (4) Use of water resource facilities Subject to the provisions of this subsection and subsection (a)(4), the Secretary shall allow water resource facilities existing on the date of enactment of this Act within areas described in sections 2(b) and 2(c) to be used, operated, maintained, repaired, and replaced to the extent necessary for the continued exercise, in accordance with Colorado State law, of vested water rights adjudicated for use in connection with such facilities by a court of competent jurisdiction prior to the date of enactment of this Act. The impact of an existing facility on the water resources and values of the area shall not be increased as a result of changes in the adjudicated type of use of such facility as of the date of enactment of this Act. (5) Repair and maintenance Water resource facilities, and access routes serving such facilities, existing within the areas described in sections 2(b) and 2(c) on the date of enactment of this Act shall be maintained and repaired when and to the extent necessary to prevent increased adverse impacts on the resources and values of the areas described in sections 2(b) and 2(c).

https://www.govinfo.gov/content/pkg/BILLS-113hr2552ih/xml/BILLS-113hr2552ih.xml

113-hr-2553

I 113th CONGRESS 1st Session H. R. 2553 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Ms. DeLauro (for herself, Mr. Israel , Mr. Ellison , Mr. Tierney , Mr. Cicilline , Mr. McGovern , Ms. Meng , Mr. Maffei , Mr. Tonko , Ms. Slaughter , Ms. Schakowsky , Mr. Sarbanes , Mrs. Christensen , Mr. Braley of Iowa , Mr. Yarmuth , Mr. Rush , Ms. Chu , Ms. Pingree of Maine , Mr. Larson of Connecticut , Ms. Norton , Mr. Honda , Ms. Eshoo , Mr. Lynch , Mr. Welch , Mr. Michaud , Mr. Sires , Ms. Bordallo , Ms. Shea-Porter , Ms. Speier , Mr. Lowenthal , Mr. Pocan , Mr. Takano , Mr. Richmond , Ms. Esty , Mr. Courtney , Mr. Pascrell , Mr. Deutch , Mr. Langevin , Ms. Bonamici , Ms. McCollum , Mrs. Capps , Mr. Blumenauer , Mr. Conyers , Mr. Al Green of Texas , Mr. Watt , Mr. Moran , Mr. Grijalva , Ms. Lee of California , Mr. Garamendi , Mr. Carson of Indiana , Mr. Keating , Mr. Veasey , Ms. Duckworth , Mr. Van Hollen , Ms. Matsui , Mrs. Kirkpatrick , Ms. Linda T. Sánchez of California , Mr. Lipinski , Mr. Heck of Washington , Mr. Sherman , Mr. Himes , Mr. Price of North Carolina , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure , Financial Services , and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To facilitate efficient investments and financing of infrastructure projects and new job creation through the establishment of a National Infrastructure Development Bank, and for other purposes. 1. Short title This Act may be cited as the National Infrastructure Development Bank Act of 2013 . 2. Findings Congress finds the following: (1) Investment in infrastructure has always created jobs and economic growth for the United States and has been a key component of maintaining a global competitive edge for the United States. (2) The Erie Canal, the transcontinental railroad, the Hoover Dam, rural electrification, and the interstate highway system are all examples of investments in infrastructure that created the conditions for future economic growth. (3) According to the World Economic Forum Global Competitiveness Report, the United States ranks 14th overall in infrastructure. (4) According to the American Society of Civil Engineers, the current condition of the infrastructure in the United States earns a grade point average of D+, and an estimated $3,600,000,000,000 investment is needed by 2020 to meet adequate conditions. (5) According to the National Surface Transportation Policy and Revenue Study Commission, $225,000,000,000 is needed annually from all sources for the next 50 years to upgrade our surface transportation system to a state of good repair and create a more advanced system. (6) The Environmental Protection Agency projects that— (A) $334,800,000,000 is needed to invest in infrastructure improvements over 20 years to ensure the provision of safe water; and (B) $202,500,000,000 is needed for publicly owned wastewater systems-related infrastructure needs over 20 years. (7) According to the Edison Electric Institute, the electric power industry will need to invest $298,000,000,000 in the Nation’s transmission system in the next 20 years in order to maintain reliable service. (8) According to the Organization for Economic Cooperation and Development (OECD), the United States ranks 15th among OECD nations in fixed and wireless broadband access per 100 inhabitants. (9) Although grant programs of the Government must continue to play a central role in financing the transportation, environment, energy, and telecommunications infrastructure needs of the United States, current and foreseeable demands on existing Federal, State, and local funding for infrastructure expansion exceed the resources to support these programs by margins wide enough to prompt serious concerns about the United States’ ability to sustain long-term economic development, productivity, and international competitiveness. (10) The capital markets, including central banks, pension funds, financial institutions, sovereign wealth funds, and insurance companies, have a growing interest in infrastructure investment. The establishment of a United States Government-owned institution that would provide this investment opportunity to finance qualifying infrastructure projects would attract needed capital for United States infrastructure development. 3. Definitions For purposes of this Act, the following definitions apply unless the context requires otherwise: (1) American Infrastructure Bond The term American Infrastructure Bond means a bond described under section 17. (2) Bank The term Bank means the National Infrastructure Development Bank established under section 4(a). (3) Board The term Board means the National Infrastructure Development Bank Board. (4) Chief asset and liability management officer The term chief asset and liability management officer means the chief individual responsible for coordinating the management of assets and liabilities of the Bank. (5) Chief compliance officer The term chief compliance officer or CCO means the chief individual responsible for overseeing and managing the compliance and regulatory affairs issues of the Bank. (6) Chief executive officer The term chief executive officer or CEO means the individual serving as the executive director of the bank. (7) Chief financial officer The term chief financial officer or CFO means the chief individual responsible for managing the financial risks, planning, and reporting of the Bank. (8) Chief loan origination officer The term chief loan origination officer means the chief individual responsible for the processing of new loans provided by the Bank. (9) Chief operations officer The term chief operations officer or COO means the chief individual responsible for information technology and the day to day operations of the Bank. (10) Chief risk officer The term chief risk officer or CRO means the chief individual responsible for managing operational and compliance-related risks of the Bank. (11) Chief treasury officer The term chief treasury officer means the chief individual responsible for managing the Bank’s treasury operations. (12) Development The terms development and develop mean, with respect to an infrastructure project, any— (A) preconstruction planning, feasibility review, permitting, design work, life-cycle maintenance planning, and other preconstruction activities; and (B) construction, reconstruction, rehabilitation, replacement, or expansion. (13) Direct loan The term direct loan has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (14) Disadvantaged community The term disadvantaged community means a community with a median household income of less than 80 percent of the statewide median household income for the State in which the community is located. (15) Energy infrastructure project The term energy infrastructure project means any project for energy transmission and distribution, energy efficiency enhancement for buildings, public housing, health facilities, schools, and energy storage. (16) Entity The term entity means an individual, corporation, partnership (including a public-private partnership), joint venture, trust, and a State or other governmental entity, including a political subdivision or any other instrumentality of a State or a revolving fund. (17) Environmental infrastructure project The term environmental infrastructure project means any project for the establishment, maintenance, or enhancement of any drinking water and wastewater treatment facility, storm water management system, flood gate, dam, levee, dredging, open space management system, wetland restoration, infill development, solid waste disposal facility, hazardous waste facility, or industrial site cleanup or remediation projects. (18) General counsel The term general counsel means the individual who serves as the chief lawyer for the Bank. (19) Greenhouse gases The term greenhouse gases means any of the following: (A) Carbon dioxide. (B) Methane. (C) Nitrous oxide. (D) Sulfur hexafluoride. (E) Hydrofluorocarbons (F) Any perfluorocarbon. (G) Nitrogen trifluoride. (H) Any other anthropogenic gas designated as a greenhouse gas by the Environmental Protection Agency Administrator. (20) Infrastructure project The term infrastructure project means any energy, environmental, telecommunications, or transportation infrastructure project. (21) Loan guarantee The term loan guarantee has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (22) Public Benefit Bond The term Public Benefit Bond means any bond issued in accordance with this Act if— (A) the proceeds from the sale of the bond are to be used for expenditures incurred after the date of issuance with respect to any infrastructure project or other purpose, subject to such rules as the Bank may provide; (B) the bond is issued in registered form; (C) the bond has such terms, and carries interest in such an amount, as determined by the Bank; and (D) payments of interest and principal with respect to the bond is the obligation of the Bank and is backed by the full faith and credit of the United States. (23) Public-private partnership The term public-private partnership means any entity— (A) (i) which is undertaking the development of all or part of an infrastructure project, which will have a public benefit, pursuant to requirements established in one or more contracts between the entity and a State or an instrumentality of a State; or (ii) the activities of which, with respect to such an infrastructure project, are subject to regulation by a State or any instrumentality of a State; and (B) which owns, leases, or operates, or will own, lease, or operate, the project in whole or in part, and at least one of the participants in the entity is a nongovernmental entity. (24) Revolving fund The term revolving fund means a fund or program established by a State or a political subdivision or other instrumentality of a State, the principal activity of which is to make loans, commitments, or other financial accommodation available for the development of one or more categories of infrastructure projects. (25) Secretary The term Secretary means the Secretary of the Treasury or the designee of the Secretary. (26) Smart grid The term smart grid means a system that provides for any of the smart grid functions set forth in section 1306(d) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17386(d) ). (27) State The term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and any other territory of the United States. (28) Telecommunications infrastructure project The term telecommunications infrastructure project means any project involving infrastructure required to provide communications by wire or radio. (29) Transportation infrastructure project The term transportation infrastructure project means any project for the construction, maintenance, or enhancement of highways, roads, bridges, transit and intermodal systems, inland waterways, commercial ports, airports, high speed rail and freight rail systems. 4. Establishment of national infrastructure development bank (a) Establishment of national infrastructure development bank The National Infrastructure Development Bank is established as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly known as the Government Corporation Control Act ), except as otherwise provided in this Act. (b) Responsibility of the secretary The Secretary shall take such action as may be necessary to assist in implementing the establishment of the bank in accordance with this Act. (c) Conforming amendment Section 9101(3) of title 31, United States Code, is amended by inserting after subparagraph (N) the following: (O) the National Infrastructure Development Bank. . 5. Board of directors (a) In general The Bank shall have a Board of Directors consisting of 7 members appointed by the President and with the advice and consent of the Senate. (b) Qualifications The directors of the Board shall include individuals representing different regions of the United States and— (1) 2 of the directors shall have public sector experience; (2) 2 of the directors shall have private sector experience; and (3) 3 of the directors shall have finance experience. (c) Chairperson and vice chairperson As designated at the time of appointment, one of the directors of the Board shall be designated chairperson of the Board by the President and one shall be designated as vice chairperson of the Board by the President. (d) Terms (1) In general Except as provided in paragraph (2) and subsection (f), each director shall be appointed for a term of 6 years. (2) Initial staggered terms Of the initial members of the Board— (A) the chairperson and vice chairperson shall each be appointed for terms of 6 years; (B) 3 shall be appointed for a term of 4 years; and (C) 2 shall be appointed for a term of 2 years. (e) Congressional recommendations Not later than 30 days after the date of enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each submit a recommendation to the President for appointment of a member of the Board of Directors, after consultation with the appropriate committees of Congress. (f) Date of initial nominations The initial nominations by the President for appointment of directors to the Board shall be made not later than 60 days after the date of enactment of this Act. (g) Vacancies (1) In general A vacancy on the Board shall be filled in the manner in which the original appointment was made. (2) Appointment to replace during term Any director appointed to fill a vacancy occurring before the expiration of the term for which the director’s predecessor was appointed shall be appointed only for the remainder of the term. (3) Duration A director may serve after the expiration of that director’s term until a successor has taken office. (h) Quorum Four directors shall constitute a quorum. (i) Reappointment A director of the Board appointed by the President may be reappointed by the President in accordance with this section. (j) Per diem reimbursement Directors of the Board shall serve on a part-time basis and shall receive a per diem when engaged in the actual performance of Bank business, plus reasonable reimbursement for travel, subsistence, and other necessary expenses incurred in the performance of their duties. (k) Limitations A director of the Board may not participate in any review or decision affecting a project under consideration for assistance under this Act if the director has or is affiliated with a person who has an interest in such project. (l) Responsibilities The Board shall— (1) as soon as is practicable after the date on which the last director is appointed, establish an Executive Committee, Risk Management Committee and Audit Committee as prescribed by this Act; (2) not later than 180 days after the date on which the last director is appointed develop and approve the bylaws of the Bank, including bylaws for the regulation of the affairs and conduct of the business of the Bank, consistent with the purpose, goals, objectives, and policies set forth in this Act; (3) ensure that the Bank is at all times operated in a manner that is consistent with this Act, by— (A) monitoring and assessing the effectiveness of the Bank in achieving its strategic goals; (B) periodically reviewing internal policies submitted by the chief executive officer; (C) reviewing and approving annual business plans, annual budgets, and long-term strategies submitted by the chief executive officer; (D) reviewing and approving annual reports submitted by the chief executive officer; (E) reviewing risk management and audit practices of the Bank; and (F) reviewing and approving all changes to the organization of the Bank; and (4) establish such other criteria, requirements, or procedures as the Board may consider to be appropriate in carrying out this Act. (m) Meetings (1) Open to the public; notice All meetings of the Board held to conduct the business of the Bank shall be open to the public and shall be preceded by reasonable notice. (2) Initial meeting The Board shall meet not later than 90 days after the date on which the last director is appointed and otherwise at the call of the Chairperson. (3) Exception for closed meetings Pursuant to such rules as the Board may establish through their bylaws, the directors may close a meeting of the Board if, at the meeting, there is likely to be disclosed information which could adversely affect or lead to speculation relating to an infrastructure project under consideration for assistance under this Act or in financial or securities or commodities markets or institutions, utilities, or real estate. The determination to close any meeting of the Board shall be made in a meeting of the Board, open to the public, and preceded by reasonable notice. The Board shall prepare minutes of any meeting which is closed to the public and make such minutes available as soon as the considerations necessitating closing such meeting no longer apply. 6. Powers and limitations of the Board (a) Powers In order to carry out the purposes of the Bank as set forth in this Act, the Board shall be responsible for monitoring and overseeing infrastructure projects and have the following powers: (1) To make senior and subordinated direct loans on such terms as the Board may determine, in the Board’s discretion, to be appropriate to assist in the financing or refinancing of an infrastructure project. (2) To make loan guarantees on such terms as the Board may determine, in the Board’s discretion, to be appropriate to assist in the financing or refinancing of an infrastructure project. (3) To issue Public Benefit Bonds, to provide financing to infrastructure projects from amounts made available from the issuance of such bonds. (4) To pay an interest subsidy on American Infrastructure Bonds to the issuer of such bonds. (5) To make agreements and contracts with any entity in furtherance of the business of the Bank. (6) To monitor and oversee infrastructure projects financed, in whole or in part, by the Bank. (7) To sue and be sued in the Bank’s corporate capacity in any court of competent jurisdiction, except that no attachment, injunction, or similar process, may be issued against the property of the Bank or against the Bank with respect to such property. (8) To indemnify the directors and officers of the Bank for liabilities arising out of the actions of the directors and officers in such capacity, in accordance with, and subject to the limitations contained in, this Act. (9) To serve as the primary liaison between the Bank and the Congress, the executive branch, and State and local governments, and to represent the Bank’s interests. (10) To exercise all other lawful powers which are necessary or appropriate to carry out, and are consistent with, the purposes of the Bank. (b) Limitations (1) Issuance of Public Benefit Bonds The Board may not issue any Public Benefit Bond without the prior consent of the Secretary. (2) Employee protections Prior to providing any financial assistance for an infrastructure project involving reconstruction, rehabilitation, replacement or expansion that may impact current employees on the project site, the interests of employees affected by the financial assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable in accordance with section 5333(b)(2) of title 49. (c) Actions consistent with self-Supporting entity status The Board shall conduct its business in a manner consistent with the requirements of this section. (d) Coordination with state and local regulatory authority The provision of financial assistance by the Board pursuant to this Act shall not be construed as— (1) limiting the right of any State or political subdivision or other instrumentality of a State to approve or regulate rates of return on private equity invested in a project; or (2) otherwise superseding any State law or regulation applicable to a project. (e) Federal personnel requests The Board shall have the power to request the detail, on a reimbursable basis, of personnel from other Federal agencies with specific expertise not available from within the Bank or elsewhere. The head of any Federal agency may detail, on a reimbursable basis, any personnel of such agency requested by the Board and shall not withhold unreasonably the detail of any personnel requested by the Board. 7. Executive committee (a) In general The Board shall establish an Executive Committee consisting of 9 members, headed by the chief executive officer of the Bank. (b) CEO A majority of the Board shall have the authority to appoint and reappoint the chief executive officer with such executive functions, powers, and duties as may be prescribed by this Act, the bylaws of the Bank, or the Board. (c) CEO responsibilities The CEO shall have responsibility for the development and implementation of the strategy of Bank, including— (1) the development and submission to the Board of the annual business plans and budget; (2) the development and submission to the Board of a long-term strategic plan; and (3) the development, revision, and submission to the Board of Directors of internal policies. (d) Other executive officers The Board shall appoint, remove, fix the compensation, and define duties of 8 other executive officers to serve on the Executive Committee as the— (1) chief compliance officer; (2) chief financial officer; (3) chief asset and liability management officer; (4) chief loan origination officer; (5) chief operations officer; (6) chief risk officer; (7) chief treasury officer; and (8) general counsel. (e) Qualifications The CEO shall have experience and expertise in finance and the other executive officers shall have demonstrated experience and expertise in one or more of the following: (1) Transportation infrastructure. (2) Environmental infrastructure. (3) Energy infrastructure. (4) Telecommunications infrastructure. (5) Economic development. (6) Workforce development. (7) Public health. (8) Private or public finance. (f) Duties In order to carry out the purposes of the Bank as set forth in this Act, the Executive Committee shall— (1) establish and submit to the Board disclosure and application procedures for entities nominating projects for assistance under this Act; (2) establish and submit to the Board standardized terms and conditions, fee schedules, or legal requirements of a contract or program to carry out this Act; (3) establish and submit to the Board guidelines for the selection and approval of projects and specific criteria for determining eligibility for project selection; (4) accept, for consideration, project proposals relating to the development of infrastructure projects, which meet the basic criteria established by the Executive Committee, and which are submitted by an entity; (5) provide recommendations to the Board and place project proposals accepted by the Executive Committee on a list for consideration for financial assistance from the Board; (6) recommend to the Board the percentage subsidy amount for an approved application for an American Infrastructure Bond, with such recommendation based on the strength of the related infrastructure project’s ability to meet the criteria described under section 11 and the ability of such project to attract private investment in an infrastructure project’s early development stages; (7) provide technical assistance, including public-private partnership infrastructure project value for money assessments, long-term economic benefit projections, and contract evaluations, to entities receiving financing from the Bank and otherwise implement decisions of the Board; and (8) provide technical assistance to State and local governments who wish to have the Bank’s approval to issue American Infrastructure bonds. (g) Vacancy A vacancy in the position of CEO and other executive officers of the Executive Committee shall be filled in the manner in which the original appointment was made. (h) Compensation The compensation of the CEO and other executive officers of the Executive Committee shall be determined by the Board. (i) Removal The CEO and other executive officers of the Executive Committee may be removed at the discretion of a majority of the Board. (j) Term The CEO and other executive officers of the Executive Committee shall serve a 6-year term and may be reappointed in accordance with this section. (k) Limitations The CEO and other executive officers of the Executive Committee shall not— (1) hold any other public office; (2) have any interest in an infrastructure project considered by the Board; (3) have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from or investing in the Bank; and (4) have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity. 8. Risk management committee (a) Establishment of risk management committee The Board shall establish a risk management committee consisting of 5 members, headed by the chief risk officer. (b) Appointments A majority of the Board shall have the authority to appoint and reappoint the CRO of the Bank. (c) Functions; duties (1) In general The CRO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This Act, the bylaws of the Bank, and the Board. The CRO shall report directly to the Board. (2) Risk management duties In order to carry out the purposes of this Act, the risk management committee shall— (A) create financial, credit, and operational risk management guidelines and policies to be adhered to by the Bank; (B) set guidelines to ensure diversification of lending activities by both geographic region and infrastructure project type; (C) create conforming standards for all financial assistance provided by the Bank; (D) monitor financial, credit and operational exposure of the Bank; and (E) provide financial recommendations to the Board. (d) Duty with respect to American Infrastructure Bonds The risk management committee shall ensure that the aggregate amount of interest subsidies provided for American Infrastructure Bonds in a given calendar year do not exceed an amount equal to 28 percent of interest payable under all such bonds. (e) Other risk management officers The Board shall appoint, remove, fix the compensation, and define the duties of 4 other risk management officers to serve on the risk management committee. (f) Qualifications The CRO and other risk management officers shall have demonstrated experience and expertise in one or more of the following: (1) Treasury and asset and liability management. (2) Investment regulations. (3) Insurance. (4) Credit risk management and credit evaluations. (5) Related disciplines. (g) Vacancy A vacancy in the position of CRO and other risk management officers of the risk management committee shall be filled in the manner in which the original appointment was made. (h) Compensation The compensation of the CRO and other risk management officers of the risk management committee shall be determined by the Board. (i) Removal The CRO and other risk management officers of the risk management committee may be removed at the discretion of a majority of the Board. (j) Term The CRO and other risk management officers of the risk management committee shall serve a 6-year term and may be reappointed in accordance with this section. (k) Limitations The CRO and other risk management officers of the risk management committee shall not— (1) hold any other public office; (2) have any interest in an infrastructure project considered by the Board; (3) have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from or investing in the Bank; and (4) have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity. 9. Audit Committee (a) In general The Bank shall establish an audit committee consisting of 5 members, headed by the chief compliance officer of the Bank. (b) Appointments A majority of the Board shall have the authority to appoint and reappoint the CCO of the Bank. (c) Functions; duties The CCO shall have such functions, powers, and duties as may be prescribed by one or more of the following: This Act, the bylaws of the Bank, and the Board. The CCO shall report directly to the Board. (d) Audit duties In order to carry out the purposes of the Bank under this Act, the audit committee shall— (1) provide internal controls and internal auditing activities for the Bank; (2) maintain responsibility for the accounting activities of the Bank; (3) issue financial reports of the Bank; and (4) complete reports with outside auditors and public accountants appointed by the Board. (e) Other audit officers The Board shall appoint, remove, fix the compensation, and define the duties of 4 other audit officers to serve on the audit committee. (f) Qualifications The CCO and other audit officers shall have demonstrated experience and expertise in one or more of the following: (1) Internal auditing. (2) Internal investigations. (3) Accounting practices. (4) Financing practices. (g) Vacancy A vacancy in the position of CCO and other audit officers of the audit committee shall be filled in the manner in which the original appointment was made. (h) Compensation The compensation of the CCO and other audit officers of the audit committee shall be determined by the Board. (i) Removal The CCO and other audit officers of the audit committee may be removed at the discretion of a majority of the Board. (j) Term The CCO and other audit officers of the audit committee shall serve a 6-year term and may be reappointed in accordance with this section. (k) Limitations The CCO and other audit officers of the audit committee shall not— (1) hold any other public office; (2) have any interest in an infrastructure project considered by the Board; (3) have any interest in an investment institution, commercial bank, or other entity seeking financial assistance for any infrastructure project from or investing in the Bank; and (4) have any such interest during the 2-year period beginning on the date such officer ceases to serve in such capacity. 10. Personnel The chairperson of the Board, chief executive officer, chief risk officer, and chief compliance officer shall appoint, remove, fix the compensation of, and define the duties of such qualified personnel to serve under the Board, Executive Committee, risk management committee, or audit committee, as the case may be, as necessary and prescribed by one or more of the following: This Act, the bylaws of the Bank, and the Board. 11. Eligibility criteria for assistance from Bank (a) In general Any entity proposing a project for which the use or purpose is private and without public benefit shall not be eligible for financial assistance from the Bank under this Act. No financial assistance shall be available from the Bank unless the entity for such assistance has demonstrated to the satisfaction of the Board that the project for which such assistance is being sought meets the requirements of this Act. (b) Establishment of project criteria (1) In general Consistent with the requirements of subsections (c) and (d), the Board shall approve— (A) criteria for determining eligibility for financial assistance established by the Executive Committee under this Act; (B) revisions to criteria for determining eligibility for financial assistance established by the Executive Committee under this Act; (C) the weight given to factors to be taken into account established by the Executive Committee; (D) disclosure and application procedures to be followed by entities to nominate projects for assistance established by the Executive Committee under this Act; and (E) such other criteria as the Board may consider to be appropriate for the purposes of carrying out this Act. (2) Factors to be taken into account (A) In general The Executive Committee shall conduct an analysis that takes into account the economic, environmental, and social benefits, and costs of each project under consideration for financial assistance under this Act, prioritizing projects that contribute to economic growth, lead to job creation, and are of regional or national significance. (B) Criteria The criteria established pursuant to paragraph (1)(A) shall provide for the consideration of the following factors in considering eligibility for financial assistance under this Act: (i) The means by which development of the infrastructure project under consideration is being financed, including— (I) the terms and conditions and financial structure of the proposed financing; (II) the credit worthiness and standing of the project sponsors, providers of equity, and cofinanciers; (III) the financial assumptions and projections on which the project is based; and (IV) the extent to which the infrastructure project maximizes investment from other sources. (ii) The likelihood that the provision of assistance by the Bank will cause such development to proceed more promptly and with lower costs for financing than would be the case without such assistance. (iii) The extent to which the provision of assistance by the Bank maximizes the level of private investment in the infrastructure project while providing a public benefit. (C) Dedicated revenue sources Any financial assistance for an infrastructure project shall be repayable, in whole or in part, from dedicated revenue sources that also secure the infrastructure project obligations. (D) Amount of financial assistance The amount of financial assistance under this Act shall not exceed the lesser of 50 percent of the reasonably anticipated eligible infrastructure project costs. (c) Public input In developing proposed infrastructure project criteria and conducting reviews of infrastructure project criteria for the Board, the Executive Committee shall seek input from the public including views related to— (1) the weight given to different factors to be taken into account; (2) measuring whether projects are meeting approved criteria; and (3) any other input considered by the Executive Committee and the public for the purposes of carrying out this Act. (d) Factors for specific types of projects (1) Transportation infrastructure projects For any transportation infrastructure project, the Board shall consider the following: (A) Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers. (B) Reduction in greenhouse gases. (C) Reduction in surface and air traffic congestion. (D) Use of smart tolling, such as vehicle miles traveled and congestion pricing, for highway, road, and bridge projects. (E) Increased access to transportation options. (F) Increased safety of transportation systems for motorized and non-motorized users. (G) Public health benefits, including the removal of lead coatings or other hazardous chemicals and materials. (H) Reduction in risk of structural failure over the service life of the project. (2) Environmental infrastructure project For any environmental infrastructure project, the Board shall consider the following: (A) Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers. (B) Public health benefits, including the removal of lead coatings or other hazardous materials. (C) Pollution reductions. (D) Reductions in greenhouse gas. (E) Increased coastal and inland flood mitigation and protection. (F) Reduction in risk of structural failure over the service life of the project. (3) Energy infrastructure project For any energy infrastructure project, the Board shall consider the following: (A) Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers. (B) Reduction in greenhouse gas. (C) Expanded use of renewable energy. (D) Development of a smart grid. (E) Energy efficient building, housing, and school modernization, including renewable energy designated retrofits. (F) In any case in which the project is also a public housing project— (i) improvement of the physical shape and layout; (ii) environmental improvement; and (iii) mobility improvements for residents. (G) Public health benefits including the removal of lead coatings or other hazardous chemicals and materials. (H) Reduction in risk of structural failure over the service life of the project. (4) Telecommunications For any telecommunications project, the Board shall consider the following: (A) Job creation, including workforce development for women and minorities, responsible employment practices, and targeted job training and employment opportunities for low income workers. (B) The extent to which assistance expands or improves broadband and wireless services in rural and disadvantaged communities. (e) Consideration of project proposals (1) Participation by other agency personnel Consideration of a project under this section by the Executive Committee and the Board shall be conducted with personnel on detail to the Bank from relevant Federal agencies among individuals who are familiar with and experienced in the selection criteria for competitive infrastructure projects. (2) Fees A fee may be charged for the review of any project proposal in such amount as may be considered appropriate by the Executive Committee approved by the Board to cover the cost of such review. (f) Discretion of board Consistent with other provisions of this Act, any determination of the Board to provide assistance to any infrastructure project, and the manner in which such assistance is provided, including the terms, conditions, fees, and charges shall be at the sole discretion of the Board. (g) State and local permits required The provision of assistance by the Board in accordance with this Act shall not be deemed to relieve any recipient of assistance or the related infrastructure project of any obligation to obtain required State and local permits and approvals. (h) Annual report An entity receiving assistance from the Board shall make annual reports to the Board on the use of any such assistance, compliance with the criteria set forth in this section, and a disclosure of all entities with a development, ownership, or operational interest in a infrastructure project assisted or proposed to be assisted under this Act. 12. Exemption from local taxation All bonds issued by the Bank, and the interest on or credits with respect to such bonds, shall not be subject to taxation by any State, county, municipality, or local taxing authority. 13. Status and applicability of certain Federal laws (a) Compliance with Davis-Bacon Act All laborers and mechanics employed by contractors and subcontractors on infrastructure projects funded directly by or assisted in whole or in part by and through the Bank pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of title 40, United States Code. With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (b) No priority as a Federal claim The priority established in favor of the United States by section 3713 of title 31, United States Code, shall not apply with respect to any indebtedness of the Bank. (c) Employee protective arrangements Recipients of any financial assistance authorized under this Act that funds public transportation capital projects, as defined in section 5302 of title 49, United States Code, must comply with the grant requirements described under section 5309 of such title. 14. Compliance with certain domestic content statutes The financing provided for an infrastructure project shall be in accordance with the following statutory provisions of the United States Code under the jurisdiction of the Department of Transportation: section 24305 of title 49, United States Code (AMTRAK), section 313 of title 23, United States Code (FHWA), section 5323(j) of title 49, United States Code (FTA), section 24405 of title 49, United States Code (Intercity Rail Passenger Corporation) and sections 50101 and 50105 of title 49, United States Code (FAA). 15. Use of iron, steel, and manufactured goods in infrastructure projects (a) Buy America None of the financing provided for by the Bank may be used for a public infrastructure project unless all of the iron, steel, and manufactured goods used for the construction, alteration, maintenance or repair of the project are produced in the United States. (b) Exception Subsection (a) shall not apply in any case or category of cases in which the Secretary of the Treasury finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall infrastructure project by more than 25 percent. (c) Publication of waivers If the Secretary of the Treasury determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the Treasury Secretary shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) Application of section This section shall be applied in a manner consistent with the United States obligations under international agreements. (e) Consultations The Secretary of the Treasury shall consult with the Board and may consult with the Secretary of Transportation and other Federal Secretaries and Administrators when applying this section. 16. Audits; reports to President and Congress (a) Accounting The books of account of the Bank shall be maintained in accordance with generally accepted accounting principles and shall be subject to an annual audit by independent public accountants appointed by the Board and of nationally recognized standing. (b) Reports (1) Board The Board shall submit to the President and Congress, within 90 days after the last day of each fiscal year, a complete and detailed report with respect to the preceding fiscal year, setting forth— (A) a summary of the Bank’s operations, for such preceding fiscal year; (B) a schedule of the Bank’s obligations outstanding at the end of such preceding fiscal year, with a statement of the amounts issued and redeemed or paid during such preceding fiscal year; and (C) the status of infrastructure projects receiving funding or other assistance pursuant to this Act, including disclosure of all entities with a development, ownership, or operational interest in such projects. (2) GAO Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report evaluating activities of the Bank for the fiscal years covered by the report that includes an assessment of the impact and benefits of each funded infrastructure project, including a review of how effectively each project accomplished the goals prioritized by the Bank’s project criteria. (c) Books and records (1) In general The Bank shall maintain adequate books and records to support the financial transactions of the Bank with a description of financial transactions and infrastructure projects receiving funding, and the amount of funding for each project maintained on a publically accessible database. (2) Public comment period The Bank shall post infrastructure financing agreements on the database providing 30 days for public comments before providing final financing for the infrastructure project. (3) Audits by the secretary and GAO The books and records of the Bank shall be maintained in accordance with recommended accounting practices and shall be open to inspection by the Secretary and the Comptroller General of the United States. 17. American Infrastructure Bond (a) In general In the case of an American Infrastructure Bond, the Bank shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) the applicable percentage of the interest payable under such bond on such date. (b) American Infrastructure Bond (1) In general For purposes of this section, the term American Infrastructure Bond means any obligation (other than a private activity bond) if— (A) the interest on such obligation would (but for this section) be excludable from gross income under section 103 of the Internal Revenue Code of 1986; (B) such obligation would have been a qualified bond under section 54AA of such Code (determined without regard to subparagraphs (B) and (C) of subsection (d)(1) and subsection (g)(2)(B) thereof); (C) such obligation is approved under the American Infrastructure Bond program; and (D) the issuer makes an irrevocable election to have this section apply. (2) Applicable rules For purposes of applying paragraph (1)— (A) for purposes of section 149(b) of such Code, an American Infrastructure Bond shall not be treated as federally guaranteed by reason of the subsidy provided under subsection (a); (B) for purposes of section 148 of such Code, the yield on an American Infrastructure Bond shall be determined without regard to the subsidy provided under subsection (a); and (C) a bond shall not be treated as an American Infrastructure Bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3) of such Code) of premium over the stated principal amount of the bond. (c) Interest on bonds included in gross income For purposes of the Internal Revenue Code of 1986, interest on any American Infrastructure Bond shall be includible in gross income. (d) Definitions For purposes of this section— (1) Interest payment date The term interest payment date means any date on which the holder of record of the American Infrastructure Bond is entitled to a payment of interest under such bond. (2) Applicable percentage The applicable percentage with respect to the interest subsidy provided for any bond under the American Infrastructure Bond program shall be a percentage recommended by the Executive Committee, reviewed by the risk management committee, and approved by the Board. (e) American Infrastructure Bond program (1) In general Not later than 180 days after the date of the enactment of this Act, the Board, in consultation with the Executive Committee, risk management committee, and the Secretary of the Treasury, shall establish an American Infrastructure Bond program, under which the Board may— (A) approve bond issuances for purposes of this section, and (B) assign an applicable percentage with respect to any bond so approved. (2) Application Issuers may apply for the approval of a bond issuance for purposes of this section, and any such application shall contain such information as the Executive Committee and the risk management committee may require in order to accept or reject an application and to assign an applicable percentage to such bond. (3) Criteria Approval of an application and the applicable percentage subsidy assigned under the program shall be based on the ability of each project to meet the criteria established under section 8(d). (4) Limitations (A) Per bond subsidy The applicable percentage with respect to any bond may not exceed 40 percent. (B) Aggregate subsidy limitation For any calendar year, the aggregate amount of interest subsidies provided under this section with respect to all American Infrastructure Bonds shall not exceed an amount equal to 28 percent of interest payable under all such bonds. 18. National Infrastructure Development Bank Trust Fund (a) In general There is established in the Treasury of the United States a trust fund to be known as the National Infrastructure Development Bank Trust Fund consisting of such amounts as may be appropriated to such trust fund as provided in this section. (b) Transfer to trust fund There are hereby appropriated to the National Infrastructure Development Bank Trust Fund such amount as the Secretary of the Treasury estimates is equivalent to the tax receipts attributable to interest payable under American Infrastructure Bonds. (c) Expenditures from trust fund Amounts in the National Infrastructure Development Bank Trust Fund shall be available, as provided in appropriation Acts, only for purposes of the Secretary making transfers to the National Infrastructure Development Bank for infrastructure project assistance provided by the Bank under this Act. 19. Authorization of appropriations There is authorized to be appropriated $5,000,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018 to capitalize the Bank and to remain available until expended, of which not more than $25,000,000 for each of fiscal years 2014 and 2015, and not more than $50,000,000 for each fiscal year thereafter, may be used for administrative costs of the Bank.

https://www.govinfo.gov/content/pkg/BILLS-113hr2553ih/xml/BILLS-113hr2553ih.xml

113-hr-2554

I 113th CONGRESS 1st Session H. R. 2554 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Mr. Denham introduced the following bill; which was referred to the Committee on Natural Resources A BILL To increase water storage availability at the New Melones Reservoir to provide additional water for areas served below the reservoir, and for other purposes. 1. Warren Act contract (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Interior shall develop and offer to the Oakdale Irrigation District and the South San Joaquin Irrigation District (hereafter in this section referred to as the districts ) a contract enabling the districts to collectively impound and store up to 100,000 acre-feet of their superior Stanislaus River water rights in the New Melones Reservoir in accordance with the terms and conditions of sections 1 through 3 of the Act of February 21, 1911 (43 U.S.C. 523–525; commonly known as the Warren Act ). (b) Terms and conditions The terms and conditions of any contract entered into under subsection (a) shall— (1) be for a term of not less than 10 years; and (2) expressly provide that— (A) the districts may use any water impounded and stored in the New Melones Reservoir for any legal purpose under California law, including use within the boundaries of either district, transfer to and reasonable and beneficial use by a person or entity not located within the boundaries of either district, and for instream use in the Stanislaus River, the San Joaquin River, or the Sacramento-San Joaquin River Delta; and (B) any water impounded and stored by either district shall not be released or withdrawn if the storage level of the New Melones Reservoir is below 1,000,000 acre-feet, but in such event the impounded and stored water shall be retained in the New Melones Reservoir for use by the districts in the following year, subject to the same 1,000,000 acre-foot minimum storage requirement, and without additional payment being required. (c) Conservation account Any water impounded and stored in the New Melones Reservoir by either district under the contract shall not be considered or accounted as water placed in the districts’ conservation account, as that account is defined and explained in the August 30, 1988 Stipulation and Agreement entered into by and between the Bureau of Reclamation and the districts.

https://www.govinfo.gov/content/pkg/BILLS-113hr2554ih/xml/BILLS-113hr2554ih.xml

113-hr-2555

I 113th CONGRESS 1st Session H. R. 2555 IN THE HOUSE OF REPRESENTATIVES June 27, 2013 Ms. Esty (for herself and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate certain segments of the Farmington River and Salmon Brook in the State of Connecticut as components of the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Lower Farmington River and Salmon Brook Wild and Scenic River Act . 2. Findings The Congress finds that— (1) the Lower Farmington River and Salmon Brook Study Act of 2005 ( Public Law 109–370 ) authorized the study of the Farmington River downstream from the segment designated as a recreational river by section 3(a)(156) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(a)(156) ) to its confluence with the Connecticut River, and the segment of the Salmon Brook including its main stem and east and west branches for potential inclusion in the National Wild and Scenic Rivers System; (2) the studied segments of the Lower Farmington River and Salmon Brook support natural, cultural, and recreational resources of exceptional significance to the citizens of Connecticut and the Nation; (3) concurrently with the preparation of the study, the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee prepared the Lower Farmington River and Salmon Brook Management Plan, June 2011, that establishes objectives, standards, and action programs that will ensure the long-term protection of the outstanding values of the river segments without Federal management of affected lands not owned by the United States; (4) the Lower Farmington River and Salmon Brook Wild and Scenic Study Committee has voted in favor of Wild and Scenic River designation for the river segments, and has included this recommendation as an integral part of the management plan; (5) there is strong local support for the protection of the Lower Farmington River and Salmon Brook, including votes of support for Wild and Scenic designation from the governing bodies of all ten communities abutting the study area; (6) the State of Connecticut General Assembly has endorsed the designation of the Lower Farmington River and Salmon Brook as components of the National Wild and Scenic Rivers System (Public Act 08–37); and (7) the Rainbow Dam and Reservoir are located entirely outside of the river segment designated by section 3 of this Act, and, based on the findings of the study of the Lower Farmington River pursuant to Public Law 109–370 , this hydroelectric project (including all aspects of its facilities, operations and transmission lines) is compatible with the designation made by section 3 of this Act. 3. Designation Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following new paragraph: (208) Lower farmington river and salmon brook, Connecticut Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows: (A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river. (B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river. (C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river. (D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river. (E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river. . 4. Management (a) In general The river segments designated by section 3 shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this Act. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(d) ). (b) Committee The Secretary shall coordinate the management responsibilities of the Secretary under this Act with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan. (c) Cooperative agreements (1) In general In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by section 3 of this Act, the Secretary is authorized to enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act with— (A) the State of Connecticut; (B) the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and (C) appropriate local planning and environmental organizations. (2) Consistency All cooperative agreements provided for under this Act shall be consistent with the management plan and may include provisions for financial or other assistance from the United States. (d) Land management (1) Zoning ordinances For the purposes of the segments designated in section 3, the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) ). (2) Acquisition of land The provisions of section 6(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1277(c) ) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in section 3 of this Act. The authority of the Secretary to acquire lands for the purposes of the segments designated in section 3 of this Act shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan. (e) Rainbow Dam The designation made by section 3 shall not be construed to— (1) prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act; or (2) affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir. (f) Relation to National Park System Notwithstanding section 10(c) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1281(c) ), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. 5. Farmington River, Connecticut, designation revision Section 3(a)(156) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended in the first sentence— (1) by striking 14-mile and inserting 15.1-mile ; and (2) by striking to the downstream end of the New Hartford-Canton, Connecticut town line and inserting to the confluence with the Nepaug River . 6. Definitions For the purposes of this Act: (1) Management plan The term management plan means the management plan referred to in section 2(3). (2) Secretary The term Secretary means the Secretary of the Interior.

https://www.govinfo.gov/content/pkg/BILLS-113hr2555ih/xml/BILLS-113hr2555ih.xml