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113-hr-2656 | I 113th CONGRESS 1st Session H. R. 2656 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Chaffetz (for himself, Mr. Scott of Virginia , Mr. Conyers , Mr. Coble , Mr. Marino , Mr. Schiff , and Mr. Jeffries ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.
1. Short title This Act may be cited as the Public Safety Enhancement Act of 2013 . 2. Purposes The purposes of the Act are to— (1) enhance public safety by improving the effectiveness and efficiency of the Federal prison system, and to reduce the recidivism rates of Federal offenders; (2) establish offender risk and needs assessment as the cornerstone of a more effective and efficient Federal prison system; (3) implement a validated post-sentencing risk and needs assessment system that relies on dynamic risk factors to provide Federal prison officials with a roadmap to address the individual criminogenic needs of Federal offenders, manage limited resources, and enhance public safety; (4) enhance existing recidivism reduction programs and prison jobs by incentivizing Federal prisoners to reduce their individual risk of recidivism by participating and successfully completing such programs, and by satisfactorily holding such jobs over time; (5) reward Federal prisoners who actually reduce their individual risk of recidivism by providing them with the ability to earn and accrue time credits, and to transfer into prerelease custody when they are assessed as low risk and have earned sufficient time credits; (6) expand the implementation of evidence-based intervention and treatment programs designed to reduce recidivism, including educational and vocational training programs, and prison jobs, so all Federal prisoners have access to them during their entire terms of incarceration; (7) perform regular outcome evaluations of programs and interventions to assure that they are evidence-based and to suggest changes, deletions, and expansions based on the results; and (8) assist the Department of Justice to address the underlying cost structure of the Federal prison system and ensure that the Department can continue to run our prisons safely and securely without compromising the scope or quality of the Department’s many other critical law enforcement missions. 3. Duties of the Attorney General (a) In general The Attorney General shall carry out this section in consultation with— (1) the Director of the Bureau of Prisons; (2) the Director of the Administrative Office of the United States Courts; (3) the Director of the Office of Probation and Pretrial Services; and (4) the Director of the National Institute of Justice. (b) Duties The Attorney General shall, in accordance with subsection (c)— (1) develop an offender risk and needs assessment system in accordance with section 4; (2) develop recommendations regarding recidivism reduction programs and productive activities in accordance with section 5; (3) conduct ongoing research and data analysis on— (A) the best practices relating to the use of offender risk and needs assessment tools; (B) the best available risk and needs assessment tools and the level to which they rely on dynamic risk factors that could be addressed and changed over time, and on measures of risk of recidivism, individual needs, and responsivity to recidivism reduction programs; (C) the most effective and efficient uses of such tools in conjunction with recidivism reduction programs, productive activities, incentives, and rewards; and (D) which recidivism reduction programs are the most effective— (i) for prisoners classified at different recidivism risk levels; and (ii) for addressing the specific needs of prisoners; (4) on a biennial basis, review the system developed under paragraph (1) and the recommendations developed under paragraph (2), using the research conducted under paragraph (3), to determine whether any revisions or updates should be made, and if so, make such revisions or updates; (5) hold periodic meetings with the individuals listed in subsection (a) at intervals to be determined by the Attorney General; and (6) report to Congress in accordance with section 6. (c) Methods In carrying out the duties under subsection (b), the Attorney General shall— (1) consult relevant stakeholders; and (2) make decisions using data that is based on the best available statistical and empirical evidence. 4. Post-sentencing risk and needs assessment system (a) In general Not later than 180 days after the date of the enactment of this Act, the Attorney General shall develop and release for use by the Bureau of Prisons an offender risk and needs assessment system, to be known as the Post-Sentencing Risk and Needs Assessment System (referred to in this Act as the System ), which shall provide risk and needs assessment tools (developed under subsection (b)) in order to, for each prisoner— (1) classify the recidivism risk level of prisoners as low, moderate, or high as part of the intake process, and assign the prisoner to appropriate recidivism reduction programs or productive activities based on that classification, the prisoner’s specific needs, and in accordance with subsection (c); (2) reassess the recidivism risk level of prisoners periodically, and reassign the prisoner to appropriate recidivism reduction programs or productive activities based on the revised classification, the specific needs of the prisoner, and the successful completion of recidivism reduction programs in accordance with subsection (d); and (3) determine when a prisoner who has been classified as having a low recidivism risk level is ready to transfer into prerelease custody in accordance with subsection (d). (b) Risk and needs assessment tools (1) In general The Attorney General shall develop the risk and needs assessment tools to be used in the System developed under subsection (a) by using the research and data analysis conducted under section 3(b)(3) on the best available risk and needs assessment tools available as of the date of the enactment of this Act, and determining, using the methods described in section 3(c), how to make the most effective and efficient tools to accomplish for each prisoner, the assessments described in paragraphs (1) through (3) of subsection (a). (2) Use of existing risk and needs assessment tools permitted In carrying out this subsection, the Attorney General may determine that the best available risk and needs assessment tools available as of the date of the enactment of this Act are sufficiently effective and efficient for the purpose of accomplishing for each prisoner, the assessments described in paragraphs (1) through (3) of subsection (a), and may determine that those are the tools to be used in the System instead of developing new tools. (3) Validation on prisoners In carrying out this subsection, the Attorney General shall statistically validate any tools that the Attorney General selects for use in the System on the Federal prison population, or ensure that the tools have been so validated. (c) Assignment of recidivism reduction programs The System shall provide guidance on the kind and amount of recidivism reduction programming or productive activities that should be assigned for each classification of prisoner and shall provide— (1) that the higher the risk level of a prisoner, the more programming the prisoner shall participate in; (2) information on the best ways that the Bureau of Prisons can tailor the programs to the specific needs of each prisoner so as to best lower each prisoner’s risk of recidivating; and (3) that all prisoners, even those classified as having a low or no risk of recidivating, shall participate in recidivism reduction programs or productive activities throughout their entire term of incarceration. (d) Recidivism reduction program and productive activity incentives and rewards The System shall provide incentives and rewards for prisoners to participate in and complete recidivism reduction programs and productive activities as follows: (1) Family phone and visitation privileges A prisoner who is successfully participating in a recidivism reduction program or a productive activity shall receive, for use with family (including extended family), close friends, mentors, and religious leaders— (A) up to 30 minutes per day, and up to 900 minutes per month that the prisoner is permitted to use the phone; and (B) additional time for visitation at the prison, as determined by the warden of the prison. (2) Time credits (A) In general A prisoner who successfully participates in a recidivism reduction program or productive activity shall receive time credits as follows: (i) Prisoners who have been classified as having a low risk of recidivism shall earn 30 days of time credits for each month that they successfully participate in a recidivism reduction program or productive activity. (ii) Prisoners who have been classified as having a moderate risk of recidivism shall earn 15 days of time credits for each month that they successfully participate in a recidivism reduction program. (iii) Prisoners who have been classified as having a high risk of recidivism shall earn 8 days of time credits for each month that they successfully participate in a recidivism reduction program. (B) Availability A prisoner may not receive time credits under this paragraph for a recidivism reduction program or productive activity that the prisoner successfully participated in— (i) prior to the date of the enactment of this Act; or (ii) during official detention prior to the date that the prisoner’s sentence commences under section 3585(a) of title 18, United States Code. (C) Prerelease custody A prisoner who is classified as having a low risk of recidivism, who has earned time credits in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment, and who has been determined by the warden of the prison to be otherwise qualified for prerelease custody, shall be eligible to be transferred into prerelease custody in accordance with section 3624(c)(3) of title 18, United States Code. The System shall provide guidelines, for use by the Bureau of Prisons for prisoners placed in home confinement under section 3624(c)(3) of title 18, United States Code, for different levels of supervision and consequences based on the prisoner’s conduct, including a return to prison and a reassessment of recidivism risk level under the System as a result of certain behavior. (D) Ineligible prisoners A prisoner convicted of an offense under any of the following provisions of law shall be ineligible to receive time credits: (i) Section 113(a)(1) of title 18, United States Code, relating to assault with intent to commit murder. (ii) Section 115 of title 18, United States Code, relating to influencing, impeding, or retaliating against a Federal official by injuring a family member, except for a threat made in violation of that section. (iii) Any section of chapter 10 of title 18, United States Code, relating to biological weapons. (iv) Any section of chapter 11B of title 18, United States Code, relating to chemical weapons. (v) Section 351 of title 18, United States Code, relating to Congressional, Cabinet, and Supreme Court assassination, kidnaping, and assault. (vi) Section 793 of title 18, United States Code, relating to gathering, transmitting, or losing defense information. (vii) Section 794 of title 18, United States Code, relating to gathering or delivering defense information to aid a foreign government. (viii) Any section of chapter 39, United States Code, relating to explosives and other dangerous articles, except for section 836 (relating to the transportation of fireworks into a State prohibiting sale or use). (ix) Section 842(p) of title 18, United States Code, relating to distribution of information relating to explosive, destructive devices, and weapons of mass destruction, but only if the conviction involved a weapon of mass destruction (as defined in section 2332a(c)(2) of such title). (x) Subsections (f)(3), (i), or (h) of section 844 of title 18, United States Code, relating to the use of fire or an explosive. (xi) Section 924(e) of title 18, United States Code, relating to unlawful possession of a firearm by a person with 3 or more convictions for a violent felony or a serious drug offense. (xii) Section 1030(a)(1) of title 18, United States Code, relating to fraud and related activity in connection with computers. (xiii) Any section of chapter 51 of title 18, United States Code, relating to homicide, except for section 1112 (relating to manslaughter), 1115 (relating to misconduct or neglect of ship officers), or 1122 (relating to protection against the human immunodeficiency virus). (xiv) Any section of chapter 55 of title 18, United States Code, relating to kidnaping. (xv) Any offense under chapter 77 of title 18, United States Code, relating to peonage, slavery, and trafficking in persons, except for sections 1592 through 1596. (xvi) Section 1751 of title 18, United States Code, relating to Presidential and Presidential staff assassination, kidnaping, and assault. (xvii) Section 1841(a)(2)(C) of title 18, United States Code, relating to intentionally killing or attempting to kill an unborn child. (xviii) Section 1992 of title 18, United States Code, relating to terrorist attacks and other violence against railroad carriers and against mass transportation systems on land, on water, or through the air. (xix) Section 2113(e) of title 18, United States Code, relating to bank robbery resulting in death. (xx) Section 2118(c)(2) of title 18, United States Code, relating to robberies and burglaries involving controlled substances resulting in death. (xxi) Section 2119(3) of title 18, United States Code, relating to taking a motor vehicle (commonly referred to as carjacking ) that results in death. (xxii) Any section of chapter 105 of title 18, United States Code, relating to sabotage, except for section 2152. (xxiii) Any section of chapter 109A of title 18, United States Code, relating to sexual abuse, except that with regard to section 2244 of such title, only a conviction under subsection (c) of that section (relating to abusive sexual contact involving young children) shall make a prisoner ineligible under this subparagraph. (xxiv) Section 2251 of title 18, United States Code, relating to the sexual exploitation of children. (xxv) Section 2251A of title 18, United States Code, relating to the selling or buying of children. (xxvi) Any of paragraphs (1) through (3) of section 2252(a) of title 18, United States Code, relating to certain activities relating to material involving the sexual exploitation of minors. (xxvii) A second or subsequent conviction under any of paragraphs (1) through (6) of section 2252A(a) of title 18, United States Code, relating to certain activities relating to material constituting or containing child pornography. (xxviii) Section 2260 of title 18, United States Code, relating to the production of sexually explicit depictions of a minor for importation into the United States. (xxix) Section 2283 of title 18, United States Code, relating to the transportation of explosive, biological, chemical, or radioactive or nuclear materials. (xxx) Section 2284 of title 18, United States Code, relating to the transportation of terrorists. (xxxi) Section 2291 of title 18, United States Code, relating to the destruction of a vessel or maritime facility. (xxxii) Any section of chapter 113B of title 18, United States Code, relating to terrorism. (xxxiii) Section 2340A of title 18, United States Code, relating to torture. (xxxiv) Section 2381 of title 18, United States Code, relating to treason. (xxxv) Section 2442 of title 18, United States Code, relating to the recruitment or use of child soldiers. (xxxvi) Section 57(b) of the Atomic Energy Act of 1954 ( 42 U.S.C. 2077(b) ), relating to the engagement or participation in the development or production of special nuclear material. (xxxvii) Section 92 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2122 ), relating to prohibitions governing atomic weapons. (xxxviii) Section 101 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2131 ), relating to the atomic energy license requirement. (xxxix) Section 224 or 225 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274 , 2275), relating to the communication or receipt of restricted data. (xl) Section 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2284 ), relating to the sabotage of nuclear facilities or fuel. (xli) Section 60123(b) of title 49, United States Code, relating to damaging or destroying a pipeline facility. (xlii) Section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ), relating to manufacturing or distributing a controlled substance, but only in the case of a conviction for an offense described in subparagraphs (A), (B), or (C) of subsection (b) of that section for which death or serious bodily injury resulted from the use of such substance. (xliii) Section 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1326(b)(1)(2) ), relating to the reentry of a removed alien, but only if the alien is described in paragraph (1) or (2) of subsection (b) of that section. (xliv) Any section of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.). (xlv) Section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ). (xlvi) Section 601 of the National Security Act of 1947 ( 50 U.S.C. 3121 ), relating to the protection of identities of certain United States undercover intelligence officers, agents, informants, and sources. (xlvii) A third or subsequent conviction of— (I) any crime of violence (as such term is defined in section 3156(a)(4) of title 18, United States Code); or (II) any drug trafficking offense. (3) Risk reassessments and level adjustment A prisoner who successfully participates in recidivism reduction programs or productive activities shall receive periodic risk reassessments (with high and moderate risk level prisoners receiving more frequent risk reassessments), and if the reassessment shows that the prisoner’s risk level or specific needs have changed, the Bureau of Prisons shall so change the prisoner’s risk level or information regarding the prisoner’s specific needs and reassign the prisoner to appropriate recidivism reduction programs or productive activities based on such changes. (4) Relation to other incentive programs The incentives described in this subsection shall be in addition to any other rewards or incentives for which a prisoner may be eligible. (e) Penalties The System shall provide guidelines for the Bureau of Prisons to reduce rewards earned under subsection (d) for prisoners who violate prison, recidivism reduction program, or productive activity rules, which shall provide— (1) general levels of violations and resulting reward reductions; (2) that any reward reduction that includes the forfeiture of time credits shall be limited to time credits that a prisoner earned as of the date of the prisoner’s rule violation, and not to any future credits that the prisoner may earn; and (3) guidelines for the Bureau of Prisons to establish a procedure to restore time credits that a prisoner forfeited as a result of a rule violation based on the prisoner’s individual progress after the date of the rule violation. (f) Bureau of Prisons Training The Attorney General shall develop training programs for Bureau of Prisons officials and employees responsible for administering the System, which shall include— (1) initial training to educate employees and officials on how to use the System in an appropriate and consistent manner, as well as the reasons for using the System; (2) continuing education; and (3) periodic training updates. (g) Quality assurance In order to ensure that the Bureau of Prisons is using the System in an appropriate and consistent manner, the Attorney General shall monitor and assess the use of the System, which shall include conducting periodic audits of the Bureau of Prisons regarding the use of the System. 5. Recidivism reduction program and productive activity recommendations The Attorney General shall— (1) review the effectiveness of recidivism reduction programs and productive activities that exist as of the date of the enactment of this Act in prisons operated by the Bureau of Prisons; (2) review recidivism reduction programs and productive activities that exist in State-operated prisons throughout the United States; and (3) make recommendations to the Bureau of Prisons regarding— (A) the expansion of programming and activity capacity and the replication of effective programs and activities described in paragraph (1); and (B) the addition of any new effective programs and activities that the Attorney General finds, using the methods described in section 3(c), would help to reduce recidivism. 6. Report Beginning on January 1, 2015, and annually thereafter, the Attorney General shall submit a report to the Committees on the Judiciary of the Senate and the House of Representatives and the Subcommittees on Commerce, Justice, Science, and Related Agencies of the Committees on Appropriations of the Senate and the House of Representatives, a report that contains the following: (1) A summary of the activities and accomplishments of the Attorney General in carrying out this Act. (2) An assessment of the status and use of the System by the Bureau of Prisons, including the number of prisoners classified at each risk level under the System at each prison. (3) A summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in prisons operated by the Bureau of Prisons, including— (A) evidence about which programs and activities have been shown to reduce recidivism; (B) the capacity of each program and activity at each prison, including the number of prisoners along with the risk level of each prisoner enrolled in each program; and (C) identification of any gaps or shortages in capacity of such programs and activities. (4) An assessment of the Bureau of Prisons’ compliance with section 3621(h) of title 18, United States Code. (5) An assessment of progress made toward carrying out the purposes of this Act, including any savings associated with— (A) the transfer of low risk prisoners into prerelease custody under this Act and the amendments made by this Act; and (B) any decrease in recidivism that may be attributed to the implementation of the System or the increase in recidivism reduction programs and productive activities required by this Act and the amendments made by this Act. 7. Use of System and recommendations by Bureau of Prisons (a) Implementation of System generally Section 3621 of title 18, United States Code, is amended by adding at the end the following: (h) Post-Sentencing Risk and Needs Assessment System (1) In general Not later than 180 days after the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System (referred to in this subsection as the System ) developed under the Public Safety Enhancement Act of 2013, the Bureau of Prisons shall— (A) implement the System and complete a risk and needs assessment for each prisoner, regardless of a prisoner’s length of imposed term of imprisonment; and (B) expand the effective recidivism reduction programs (as such term is defined under section 8 of the Public Safety Enhancement Act of 2013) and productive activities it offers and add any new recidivism reduction programs and productive activities necessary to effectively implement the System, and in accordance with the recommendations made by the Attorney General under section 5 of that Act and with paragraph (2). (2) Phase-in In order to carry out paragraph (1), so that every prisoner has the opportunity to participate in and complete the kind and amount of recidivism reduction programming or productive activities in order to effectively implement the System and that the Attorney General recommends, the Bureau of Prisons shall, subject to the availability of appropriations, provide such recidivism reduction programs and productive activities— (A) for not less than 20 percent of prisoners by the date that is one year after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); (B) for not less than 40 percent of prisoners by the date that is 2 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); (C) for not less than 60 percent of prisoners by the date that is 3 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); (D) for not less than 80 percent of prisoners by the date that is 4 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A); and (E) for all prisoners by the date that is 5 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A) and thereafter. (3) Priority during phase-in During the phase-in period described in paragraph (2), the priority for such programs and activities shall be accorded based on, in order, the following: (A) The recidivism risk level of prisoners (as determined by the System’s risk and needs assessment), with low risk prisoners receiving first priority, moderate risk prisoners receiving second priority, and high risk prisoners receiving last priority. (B) Within each such risk level, a prisoner’s proximity to release date. (4) Preliminary expansion of recidivism reduction programs and authority to use incentives Beginning on the date of the enactment of the Public Safety Enhancement Act of 2013, the Bureau of Prisons may begin to expand any recidivism reduction programs and productive activities that exist at a prison as of such date, and may offer to prisoners who successfully participate in such programming and activities the incentives and rewards described in— (A) section 4(d)(1) of such Act; and (B) section 4(d)(2)(A) of such Act, except a prisoner may receive up to 30 days of time credits for each recidivism reduction program or productive activity in which the prisoner successfully participates, with the amount of time credits to be determined by the warden of the prison. (5) Recidivism reduction partnerships In order to expand recidivism reduction programs and productive activities, the Bureau of Prisons shall develop policies for the warden of each prison to enter into partnerships with any of the following: (A) Nonprofit organizations, including faith-based and community-based organizations that will deliver a recidivism reduction program in a prison, on a paid or volunteer basis. (B) Institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 20 U.S.C. 1001 ) that will deliver an academic class in a prison, on a paid or volunteer basis. (C) Private entities that will, on a volunteer basis— (i) deliver vocational training and certifications in a prison; (ii) provide equipment to facilitate vocational training or employment opportunities for prisoners; (iii) employ prisoners; or (iv) assist prisoners in prerelease custody or supervised release in finding employment. . (b) Prerelease custody (1) In general Section 3624(c) of title 18, United States Code, is amended— (A) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), accordingly; (B) by inserting after paragraph (2) the following: (3) Prisoners with a low risk of recidivating In the case of a prisoner that has been classified under the Post-Sentencing Risk and Needs Assessment System developed under the Public Safety Enhancement Act of 2013 as having a low risk of recidivating, has earned time credits in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment, and has been classified by the warden of the prison as otherwise qualified to be transferred into prerelease custody, the following shall apply: (A) The warden of the prison shall submit a recommendation that the prisoner be transferred into prerelease custody to the United States district court in which the prisoner was convicted, and a judge for such court shall, not later than 30 days after the warden submits such recommendation, approve or deny the recommendation; however, a judge may only deny a recommendation to transfer a prisoner into prerelease custody under this paragraph if the judge finds by clear and convincing evidence that the prisoner should not be transferred into prerelease custody based only on evidence of the prisoner’s actions after the conviction of such prisoner and not based on evidence from the underlying conviction, and submits a detailed written statement regarding such finding to the warden of the prison recommending that the prisoner be transferred into prerelease custody. (B) The failure of a judge to approve or deny a recommendation to transfer at the end of the 30 day period described in subparagraph (A) shall be treated as an approval of such recommendation. (C) Upon the approval of a recommendation under subparagraph (A) or 30 days after the warden submits a recommendation, whichever occurs earlier, the prisoner shall be placed in home confinement, provided that the prisoner will be able to stay in a residence that the warden approves, and the time limits under paragraphs (1) and (2) shall not apply. (D) The prisoner shall remain in home confinement until the prisoner has served not less than 85 percent of the prisoner’s imposed term of imprisonment. (E) The warden shall use the guidelines developed by the Attorney General under section 4(d)(2)(C) of the Public Safety Enhancement Act of 2013 to determine the level of supervision and consequences for certain actions for a prisoner transferred into prerelease custody under this paragraph. . (2) Effective date The amendments made by this subsection shall take effect beginning on the date that the Attorney General completes and releases the Post-Sentencing Risk and Needs Assessment System. 8. Definitions In this Act the following definitions apply: (1) Risk and needs assessment tool The term risk and needs assessment tool means an objective and statistically validated method through which information is collected and evaluated to determine— (A) the level of risk that a prisoner will recidivate upon release from prison; and (B) the recidivism reduction programs that will best minimize the risk that the prisoner will recidivate upon release from prison. (2) Recidivism reduction program The term recidivism reduction program means either a group or individual activity that— (A) has been shown by empirical evidence to reduce recidivism; (B) is designed to help prisoners succeed in their communities upon release from prison; and (C) may include— (i) classes on social learning and life skills; (ii) classes on morals or ethics; (iii) academic classes; (iv) cognitive behavioral treatment; (v) mentoring; (vi) substance abuse treatment; (vii) vocational training; (viii) faith-based classes or services; or (ix) a prison job. (3) Productive activity The term productive activity means either a group or individual activity that is designed to allow prisoners classified as having a low risk of recidivism to remain productive and thereby maintain a low risk classification, and may include the delivery of the activities described in subparagraph (C) to other prisoners. (4) Prisoner The term prisoner means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense. (5) Time credit The term time credit means the equivalent of one day of a prisoner’s sentence, such that a prisoner shall be eligible for one day of home confinement for each credit earned. (6) Drug trafficking offense The term drug trafficking offense means any crime punishable under Federal, State, or local law that prohibits the manufacture, import, export, distribution, dispensing of, or offer to sell a controlled substance or counterfeit substance (as such terms are defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) or the possession of a controlled substance or counterfeit substance with intent to manufacture, import, export, distribute, or dispense. 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 2015 through 2019. Of the amount appropriated under this subsection, 80 percent shall be reserved for use by the Director of the Bureau of Prisons to implement the System under section 7 and the amendments made by that section. (b) Sense of Congress It is the sense of Congress that any savings associated with reducing recidivism and reducing the prison population that result from this Act should be reinvested into further expansion of recidivism reduction programs and productive activities by the Bureau of Prisons. | https://www.govinfo.gov/content/pkg/BILLS-113hr2656ih/xml/BILLS-113hr2656ih.xml |
113-hr-2657 | I 113th CONGRESS 1st Session H. R. 2657 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to sell certain Federal lands in Arizona, Colorado, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, and Wyoming, previously identified as suitable for disposal, and for other purposes.
1. Sale of certain Federal lands previously identified as suitable for disposal (a) Short title This Act may be cited as the Disposal of Excess Federal Lands Act of 2013 . (b) Competitive sale of lands The Secretary shall offer the identified Federal lands for disposal by competitive sale for not less than fair market value as determined by an independent appraiser. (c) Existing rights The sale of identified Federal lands under this section shall be subject to valid existing rights. (d) Proceeds of sale of lands All net proceeds from the sale of identified Federal lands under this section shall be deposited directly into the Treasury for reduction of the public debt. (e) Report Not later than 4 years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate— (1) a list of any identified Federal lands that have not been sold under subsection (b) and the reasons such lands were not sold; and (2) an update of the report submitted to Congress by the Secretary on May 27, 1997, pursuant to section 390(g) of the Federal Agriculture Improvement and Reform Act of 1996 ( Public Law 104–127 ; 110 Stat. 1024), including a current inventory of the Federal lands under the administrative jurisdiction of the Secretary that are suitable for disposal. (f) Definitions In this section: (1) Identified Federal lands The term identified Federal lands means the parcels of Federal land under the administrative jurisdiction of the Secretary that were identified as suitable for disposal in the report submitted to Congress by the Secretary on May 27, 1997, pursuant to section 390(g) of the Federal Agriculture Improvement and Reform Act of 1996 ( Public Law 104–127 ; 110 Stat. 1024), except the following: (A) Lands not identified for disposal in the applicable land use plan. (B) Lands subject to a Recreation and Public Purpose conveyance application. (C) Lands identified for State selection. (D) Lands identified for Indian tribe allotments. (E) Lands identified for local government use. (2) Secretary The term Secretary means the Secretary of the Interior. | https://www.govinfo.gov/content/pkg/BILLS-113hr2657ih/xml/BILLS-113hr2657ih.xml |
113-hr-2658 | I 113th CONGRESS 1st Session H. R. 2658 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Thompson of Pennsylvania (for himself, Ms. Slaughter , Mr. Kelly of Pennsylvania , Mr. Hanna , Mr. Michaud , Mr. Tonko , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the weighted child count used to determine targeted grant amounts and education finance incentive grant amounts for local educational agencies under title I of the Elementary and Secondary Education Act of 1965.
1. Short title This Act may be cited as the All Children are Equal Act or the ACE Act . 2. Findings Section 1125AA of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6336 ) is amended— (1) by amending the heading to read as follows: 1125AA. Increase grants per formula student as the percentage of economically disadvantaged children in a local educational agency increases ; and (2) by amending subsection (a) to read as follows: (a) Findings Congress makes the following findings: (1) The current Basic Grant Formula for the distribution of funds under this part does not adequately target funds for schools with the highest concentrations of economically disadvantaged students. (2) The poverty of a child’s family is much more likely to be associated with educational disadvantage if the family lives in an area with high proportions of poor families. (3) The current formulas for distributing Targeted and Education Finance Incentive Grants is intended to allocate more funds per formula student to local educational agencies with higher concentrations of such students. (4) These formula use two weighting systems, one based on the percentage of the aged 5–17 population in a local education agency that is eligible to receive funds under this title (percentage weighting), and another based on the absolute number of such students (number weighting). Whichever of these weighting systems results in the highest total weighted formula student count for a local educational agency is the weighting system used for that agency in the final allocation of Targeted and Education Finance Incentive Grant funds. (5) Since the amount available to be distributed through these formulas is fixed by congressional appropriation, any gain in allocation share by one local educational agency causes a loss to other local educational agencies. (6) The number weighting alternative is often favorable to very large local educational agencies, even if the agency’s formula student percentage is low. But because smaller local educational agencies simply do not have enough students to gain from number weighting, they are rarely better off under the number weighting alternative. (7) The Congressional Research Service has compared the funding allocations of each local educational agency for school year 2008–2009 under the current dual weighting system with the funding allocation it would have that year if all local educational agencies had their student count weighted only by percentage weighting. (8) This data shows that the use of number weighting in these formulas has shifted funding from smaller to larger local educational agencies notwithstanding the level of poverty in either. This is contrary to the intent of Congress, which is to direct more funding per formula student to local educational agencies with high concentrations of poverty, as measured by the number of formula students as a percentage of the aged 5–17 population of the local educational agency. (9) As a result of this unintended consequence of the number weighting system, 338 of the 340 local educational agencies that have over 38.25 percent formula students gain nothing from number weighting under the Targeted Grant program, 281 of them actually lose funding because of number weighting, and 83 of those 340 highest poverty local educational agencies would actually be better off if Targeted Grant funds were allocated using the Basic Grant formula with no weighting system at all. (10) Congress has a responsibility to correct this unintended inequity by reducing the power of the number weighting system relative to the percentage weighting system so that local educational agencies with high percentages of poverty but low numbers of students are not disadvantaged under the formulas used for grants under this part. . 3. Targeted grants to local educational agencies Section 1125(c)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6335(c)(2) ) is amended— (1) in subparagraph (C), by striking The amount and inserting Except as otherwise provided in subparagraph (D), the amount ; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) Fiscal year 2014 and each succeeding fiscal year Notwithstanding subparagraph (C) or any other provision of this paragraph— (i) for fiscal year 2014, subparagraph (C) shall be applied— (I) in clause (ii), by substituting 1.35 for 1.5 ; (II) in clause (iii), by substituting 1.8 for 2.0 ; (III) in clause (iv), by substituting 2.25 for 2.5 ; and (IV) in clause (v), by substituting 2.7 for 3.0 ; (ii) for fiscal year 2015, subparagraph (C) shall be applied— (I) in clause (ii), by substituting 1.2 for 1.5 ; (II) in clause (iii), by substituting 1.6 for 2.0 ; (III) in clause (iv), by substituting 2.0 for 2.5 ; and (IV) in clause (v), by substituting 2.4 for 3.0 ; (iii) for fiscal year 2016, subparagraph (C) shall be applied— (I) in clause (ii), by substituting 1.05 for 1.5 ; (II) in clause (iii), by substituting 1.4 for 2.0 ; (III) in clause (iv), by substituting 1.75 for 2.5 ; and (IV) in clause (v), by substituting 2.1 for 3.0 ; and (iv) for fiscal year 2017 and each succeeding fiscal year, subparagraph (C) shall be applied— (I) in clause (i), by substituting 2,262 for 691 ; (II) by striking clause (ii); (III) in clause (iii), by substituting 1.2 for 2.0 ; (IV) in clause (iv), by substituting 1.5 for 2.5 ; and (V) in clause (v), by substituting 1.8 for 3.0 . . 4. Education Finance Incentive Grant Program (a) States with an equity Factor less than 0.10 Section 1125A(d)(1)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6337(d)(1)(B) ) is amended— (1) in clause (iii), by striking The amount and inserting Except as otherwise provided in clause (iv), the amount ; and (2) by adding at the end the following: (iv) Fiscal year 2014 and each succeeding fiscal year Notwithstanding clause (iii) or any other provision of this subparagraph— (I) for fiscal year 2014, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.35 for 1.5 ; (bb) in subclause (III), by substituting 1.8 for 2.0 ; (cc) in subclause (IV), by substituting 2.25 for 2.5 ; and (dd) in subclause (V), by substituting 2.7 for 3.0 ; (II) for fiscal year 2015, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.2 for 1.5 ; (bb) in subclause (III), by substituting 1.6 for 2.0 ; (cc) in subclause (IV), by substituting 2.0 for 2.5 ; and (dd) in subclause (V), by substituting 2.4 for 3.0 ; (III) for fiscal year 2016, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.05 for 1.5 ; (bb) in subclause (III), by substituting 1.4 for 2.0 ; (cc) in subclause (IV), by substituting 1.75 for 2.5 ; and (dd) in subclause (V), by substituting 2.1 for 3.0 ; and (IV) for fiscal year 2017 and each succeeding fiscal year, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.0 for 1.5 ; (bb) in subclause (III), by substituting 1.2 for 2.0 ; (cc) in subclause (IV), by substituting 1.5 for 2.5 ; and (dd) in subclause (V), by substituting 1.8 for 3.0 . . (b) States with an equity factor greater than or equal to 0.10 and less than 0.20 Section 1125A(d)(2)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6337(d)(2)(B) ) is amended— (1) in clause (iii), by striking The amount and inserting Except as otherwise provided in clause (iv), the amount ; and (2) by adding at the end the following: (iv) Fiscal year 2014 and each succeeding fiscal year Notwithstanding clause (iii) or any other provision of this subparagraph— (I) for fiscal year 2014, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.35 for 1.5 ; (bb) in subclause (III), by substituting 2.025 for 2.25 ; (cc) in subclause (IV), by substituting 3.038 for 3.375 ; and (dd) in subclause (V), by substituting 4.05 for 4.5 ; (II) for fiscal year 2015, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.2 for 1.5 ; (bb) in subclause (III), by substituting 1.8 for 2.25 ; (cc) in subclause (IV), by substituting 2.7 for 3.375 ; and (dd) in subclause (V), by substituting 3.6 for 4.5 ; (III) for fiscal year 2016, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.05 for 1.5 ; (bb) in subclause (III), by substituting 1.575 for 2.25 ; (cc) in subclause (IV), by substituting 2.363 for 3.375 ; and (dd) in subclause (V), by substituting 3.15 for 4.5 ; and (IV) for fiscal year 2017 and each succeeding fiscal year, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.0 for 1.5 ; (bb) in subclause (III), by substituting 1.35 for 2.25 ; (cc) in subclause (IV), by substituting 2.025 for 3.375 ; and (dd) in subclause (V), by substituting 2.70 for 4.5 . . (c) States with an equity factor greater than or equal to 0.20 Section 1125A(d)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6337(d)(3)(B) ) is amended— (1) in clause (iii), by striking The amount and inserting Except as otherwise provided in clause (iv), the amount ; and (2) by adding at the end the following: (iv) Fiscal year 2014 and each succeeding fiscal year Notwithstanding clause (iii) or any other provision of this subparagraph— (I) for fiscal year 2014, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.80 for 2.0 ; (bb) in subclause (III), by substituting 2.70 for 3.0 ; (cc) in subclause (IV), by substituting 4.05 for 4.5 ; and (dd) in subclause (V), by substituting 5.4 for 6.0 ; (II) for fiscal year 2015, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.6 for 2.0 ; (bb) in subclause (III), by substituting 2.4 for 3.0 ; (cc) in subclause (IV), by substituting 3.6 for 4.5 ; and (dd) in subclause (V), by substituting 4.8 for 6.0 ; (III) for fiscal year 2016, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.4 for 2.0 ; (bb) in subclause (III), by substituting 2.1 for 3.0 ; (cc) in subclause (IV), by substituting 3.15 for 4.5 ; and (dd) in subclause (V), by substituting 4.2 for 6.0 ; and (IV) for fiscal year 2017 and each succeeding fiscal year, clause (iii) shall be applied— (aa) in subclause (II), by substituting 1.2 for 2.0 ; (bb) in subclause (III), by substituting 1.8 for 3.0 ; (cc) in subclause (IV), by substituting 2.7 for 4.5 ; and (dd) in subclause (V), by substituting 3.6 for 6.0 . . | https://www.govinfo.gov/content/pkg/BILLS-113hr2658ih/xml/BILLS-113hr2658ih.xml |
113-hr-2659 | I 113th CONGRESS 1st Session H. R. 2659 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Ms. Bonamici introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a grant program to issue grants to institutions of higher education to support student internships.
1. Short title This Act may be cited as the Opportunities for Success Act of 2013 . 2. Findings Congress finds the following: (1) Internships are increasingly important to the ability of college students to gain skills, make professional connections, and find jobs after graduation. (2) In 2011, according to the National Association of Colleges and Employers, employers offered full-time positions to 61.2 percent of their interns with an acceptance rate of 86.5 percent. (3) Many students struggle to make ends meet; 66 percent of young community college students dedicate more than 20 hours a week to an outside job, and the need of many students to maintain a part-time or full-time job reduces or eliminates the time available for an internship. (4) Internships often require significant time commitments or temporary relocation, which many students are unable to afford; these additional living expenses include housing, meals, and travel, and these costs make unpaid internships with employers like non-profit organizations and government even more inaccessible for those with low and middle incomes. (5) In 2011, 46 percent of students who had completed an internship were offered jobs, compared with 31 percent of students who did not complete an internship; more than 76 percent of employers rank relevant experience as the most important quality when hiring. (6) Many university officials and employers acknowledge that participating in an undergraduate internship is extremely helpful for finding meaningful employment in today’s job market. 3. Opportunities for success program (a) Program authorized From the amounts made available to carry out this Act, the Secretary of Education shall establish a grant program to award grants to qualifying educational institutions in accordance with this section in order to support eligible students attending such institutions during internships. (b) Application To receive a grant under this section, a qualifying educational institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds by qualifying educational institutions A qualifying educational institution receiving a grant under this section shall use the grant funds in accordance with the following: (1) Activities Such institution may only use the grant to fund internship awards in accordance with this section to eligible students enrolled at the institution. (2) Administration of internship awards Internship awards made from the grant— (A) shall be administered by the financial aid office of such institution; and (B) may be administered in conjunction with the career development office and career center of such institution. (3) Prohibition on alteration of financial aid A student’s receipt of an internship award from a grant under this section shall not be taken into account in determining the need or eligibility of the student for financial assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (4) Supplement not supplant Funds made available to carry out this section shall be used to supplement, and not supplant, other Federal and State funds available to carry out the activities described in this section. (5) Deadline for summer internships Such institution shall make an award for a summer internship under this section by June 30 of a calendar year preceding the first day of the summer internship for that year. (d) Calculating award amounts (1) Amount to qualifying educational institutions (A) In general In determining a grant amount for a qualifying educational institution under this section, the Secretary shall ensure that the institution’s grant is equal to an amount that bears the same relationship to the total funds available to carry out this section for a fiscal year as the number of eligible students enrolled at the institution (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of eligible students enrolled at all qualifying educational institutions, as so determined. (B) Reallocation If a qualifying educational institution does not receive funds under this paragraph, the Secretary shall reallocate such funds to other qualifying educational institutions in the same proportion funds are allocated under subparagraph (A) . (C) Exception In the case of a qualifying educational institution that does not award all of the grant funds received under this section for a fiscal year to eligible students in accordance with this section, the Secretary, in awarding grants under this section for the succeeding fiscal year— (i) shall reallocate the unused funds to other qualifying educational institutions in the same proportion funds are allocated under subparagraph (A) ; and (ii) may award such institution a grant in an amount that is less than the full grant amount such institution would have otherwise received under subparagraph (A) for such year. (2) Student award parameters (A) Maximum student award A student receiving an award of funds from a grant to a qualifying educational institution under this section may not receive— (i) more than $5,000 from such grant if the award is for a full-time internship; and (ii) more than $2,500 from such grant if the award is for a part-time internship. (B) Calculation of student award (i) Unpaid internships (I) Awards for in-school students Subject to subparagraph (A), in the case of a student receiving an award for an unpaid internship that occurs during a period of enrollment at the awarding qualifying educational institution, the amount of the award shall be, to the extent practicable, an amount based on the higher of— (aa) the applicable Federal minimum wage by each hour of the internship; or (bb) the applicable State minimum wage of the State in which the institution is located by each hour of the internship. (II) Awards for students during summer and winter terms (aa) In general Subject to subparagraph (A), in the case of a student receiving an award for an unpaid internship that occurs during a period of nonattendance at the awarding educational institution, the amount of the award shall, to the extent practicable, be an amount that covers reasonable cost of living expenses for the student. (bb) Reasonable cost of living expenses For purposes of item (aa), reasonable cost of living expenses shall include considerations of— (AA) the location of the internship; (BB) the length of the internship; (CC) travel costs associated with the internship; (DD) housing costs during the duration of the internship; (EE) meal costs during the duration of the internship; and (FF) whether the internship is full-time or part-time. (ii) Paid internships In the case of a student receiving an award for a paid internship, the amount of the award shall be determined by reducing the amount such student would receive for an unpaid internship as calculated under clause (i) by the amount of income that the internship will provide to the student. (e) Awards non-Taxable An award received by a student under this section shall not be considered taxable income. (f) Carry-Back authorized A qualifying educational institution receiving a grant under this section for a fiscal year may use such grant funds to make internship awards under this section prior to the beginning of the fiscal year, but after the end of the previous academic year. (g) Reports Not later than 1 year after the date of enactment of this Act and each succeeding year in which the Secretary makes grants under this section, the Secretary shall submit to Congress a report detailing, with regard to grants made under this section for the previous academic year— (1) the percentage of students receiving internship funds from grants under this section who, not later than 2 years after graduating from a qualifying educational institution, are hired in a field related to the internship for which the students received such funds; (2) the number of qualifying educational institutions receiving grants under this section; (3) the categories of qualifying educational institutions (such as 4-year public institutions, 4-year private, nonprofit institutions, 2-year public institutions, and 2-year private, nonprofit institutions) receiving grants under this section; (4) the number of students receiving internship funds from grants under this section, and the degrees such students are pursuing; (5) the number of paid internships, and the number of unpaid internships, funded by such grants; (6) the locations of internships funded by such grants; (7) the number of students who used internship funds awarded under this section to complete an internship more than 60 miles from the qualifying educational institution that made such award or that required the students to temporarily relocate for the duration of the internship; and (8) the types of internships (such as full-time summer internships, part-time summer internship, or part-time semester internships) completed by students receiving awards funded by such grants. (h) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out this section, including regulations that provide guidance to qualifying educational institutions on how to determine whether an internship meets the requirements of subclauses (I) through (III) of subsection (i)(1)(F)(vi). (i) Definitions For purposes of this section: (1) Eligible student The term eligible student means a student who— (A) is a full-time or half-time student (as such terms are defined in section 668.2 of title 34, Code of Federal Regulations (or a successor regulation)); (B) is eligible for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ); (C) is enrolled at a qualifying educational institution in a program of study that leads to an associate’s or bachelor’s degree; (D) if the student has accepted an internship during a period of nonattendance at a qualifying educational institution— (i) demonstrates that the student is planning to re-enroll at such institution for the next period of enrollment at such institution by registering for such period of enrollment at the institution or accepting the institution’s offer of admittance for such period of enrollment; and (ii) will be eligible for a Federal Pell Grant under section 401 of such Act (20 U.S.C. 1070a et seq.), for such period of enrollment; (E) has not, while pursuing the same degree that such student is currently pursuing, previously received an award that included funds granted under subsection (a) to a qualifying educational institution; and (F) has received an official internship offer, as defined by the Secretary in regulations, for an internship that— (i) is located within the United States; (ii) in a case in which the internship employs (as defined under section 3(g) of the Fair Labor Standards Act (29 U.S.C. 203(g)) the student, meets the requirements of such Act (29 U.S.C. 201 et seq.); (iii) is a full-time summer internship, a part-time summer internship, or a part-time semester internship; (iv) is not less than 4 weeks in duration, and is not greater in duration than the shorter of— (I) the length of a standard academic period at the qualifying educational institution; or (II) in the case of an internship that occurs during a period of nonattendance at the awarding qualifying educational institution, 10 weeks, or in the case of an internship that occurs during a period of attendance at the awarding qualifying educational institution, 12 weeks; (v) is— (I) an unpaid internship; or (II) a paid internship that, according to the determination of the qualifying educational institution, without an award under this section such student would otherwise be unable to afford participating in such internship; and (vi) is determined by the qualifying educational institution to be an internship that— (I) is of good and reputable quality; (II) affords adequate educational or skill-building opportunities; and (III) is reasonably associated with the student’s course of study at a qualifying educational institution. (2) Full-time The term full-time , when used with respect to an internship, shall be defined by the Secretary in regulations. (3) Qualifying educational institution The term qualifying educational institution has the meaning given the term institution of higher education in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (4) Part-time The term part-time , when used with respect to an internship, shall be defined by the Secretary in regulations. (5) Period of nonattendence The term period of nonattendence , when used with respect to a student, means a period during which the student is not enrolled at a qualifying educational institution, including a summer or winter term. (6) Secretary The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-113hr2659ih/xml/BILLS-113hr2659ih.xml |
113-hr-2660 | I 113th CONGRESS 1st Session H. R. 2660 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Rush (for himself, Mr. Ruppersberger , Mr. Enyart , Mr. Nadler , and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Appropriations A BILL Making supplemental appropriations for the Department of Health and Human Services for awarding grants to States to promote universal access to trauma care services provided by trauma centers and trauma-related physician specialties.
1. Short title This Act may be cited as the Trauma Relief Access for Universal Medical Assistance Act . 2. Supplemental appropriations for trauma service availability There is hereby appropriated to the Department of Health and Human Services, out of any money in the Treasury not otherwise appropriated, for an additional amount for the purpose of carrying out part H of title XII of the Public Health Service Act (42 U.S.C. 300d–81 et seq.; relating to grants to States to promote universal access to trauma care services provided by trauma centers and trauma-related physician specialties), a total of $100,000,000 for the period of fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr2660ih/xml/BILLS-113hr2660ih.xml |
113-hr-2661 | I 113th CONGRESS 1st Session H. R. 2661 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. McCarthy of California (for himself, Mr. Coffman , Mr. McKeon , Mr. Hunter , Mr. Campbell , Mrs. Davis of California , Mr. Calvert , and Mr. Issa ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to establish a standardized scheduling policy for veterans enrolled in the health care system of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Veterans Access to Timely Medical Appointments Act . 2. Findings Congress finds the following: (1) The Secretary of Veterans Affairs is statutorily obligated to provide eligible individuals who served in the Armed Forces with access to health care and benefits provided by the Department of Veterans Affairs related to such service. (2) The Secretary has given the Department the goal of scheduling a primary care medical appointment within seven days of the date requested by the patient and or the provider and scheduling a specialty care medical appointment within fourteen days of the date requested by the patient and or the provider. (3) The ability of the Secretary to accurately schedule and provide timely access to medical appointments is critical to ensure the health care needs of veterans are met and medical conditions do not worsen because of delays in receiving medical treatment. (4) An audit by the Comptroller General of the United States found that medical appointment wait times reported by the Veterans Health Administration of the Department are unreliable. (5) The Comptroller General found that without reliable measurement of how long patients are waiting for medical appointments, the Secretary is not able to identify areas that need improvement and therefore cannot mitigate problems that contribute to wait times. (6) The Comptroller General found that the unreliable data and measures for wait times create a discrepancy between the positive results the Department publishes and what veterans actually experience. (7) The Comptroller General found that the Veterans Health Administration inconsistently implements its scheduling policy across medical centers of the Department, which impedes scheduling timely medical appointments. (8) The Comptroller General found that oversight of compliance with such scheduling policy, such as ensuring the completion of required scheduler training, was inconsistent across facilities. (9) The Comptroller General found that the management by the Secretary of telephone service, including lack of staff dedicated to answering phones and unreturned phone calls, impede veterans’ access to timely medical appointments. (10) Among the four medical centers of the Department reviewed by the Comptroller General, patient complaints regarding unreturned phone calls ranked among the top two categories of complaints during fiscal year 2012. (11) The Comptroller General found that in January 2012, the Veterans Health Administration distributed best practices for telephone access that, if implemented, could help improve telephone access to clinical care. (12) The Secretary is not meeting the statutory obligations of the Secretary to provide veterans with timely access to medical appointments so that such veterans can receive benefits and health care by the Department in a timely manner. 3. Improvement of medical appointment scheduling policy for veterans (a) Standardized scheduling policy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement a standardized policy to ensure that a veteran enrolled in the health care system established under section 1705(a) of title 38, United States Code, is able to schedule— (A) primary care medical appointments within seven days of the date requested by the veteran or the health care provider on behalf of the veteran; and (B) specialty care medical appointments within 14 days of the date requested by the veteran or the health care provider on behalf of the veteran. (2) Implementation In implementing the policy under paragraph (1), the Secretary shall— (A) ensure that such policy— (i) will not be subject to interpretation or prone to scheduler error; and (ii) provides the Secretary with reliable data regarding the length of time that veterans are waiting for appointments described in paragraph (1) that the Secretary can use to accurately report the performance of the policy as compared to the goals of the policy; (B) ensure that the Veterans Health Administration carries out uniform procedures with respect to such policy; (C) issue detailed guidance to the directors of the Veterans Integrated Service Networks to ensure the consistent implementation of such policy at each medical center and other related facilities of the Department; (D) ensure that only employees of the Department who have completed required training are allowed to schedule medical appointments; and (E) make public annual performance reports for each Veterans Integrated Service Network with respect to such policy. (b) Resource allocation (1) Assessment Not later than 180 days after the date of the enactment of this Act, and each 180-day period thereafter, the Secretary shall assess the resources of each Veterans Integrated Service Network to determine the ability of the Network to meet the scheduling requirements described in subsection (a)(1). (2) Allocation The Secretary may reprogram funds and allocate or transfer staff and other resources within the Veterans Health Administration and the Veterans Integrated Service Network to ensure that each Network meets the scheduling requirements described in subsection (a)(1). (3) Notification The Secretary shall notify Congress of any reprogramming made pursuant to paragraph (2). (c) Phone access The Secretary shall direct each medical center of the Department to provide oversight of telephone access and implement the best practices outlined in the telephone systems improvement guide of the Veterans Health Administration, including, at a minimum, practices to ensure that— (1) calls are answered in a timely manner and the messages of patients will have a return call not later than 24 hours after the patient leaves the message; and (2) a call center at each such medical center is properly staffed to meet the needs of the veteran population served by the medical center. (d) Inspector General report The Inspector General of the Department of Veterans Affairs, in consultation with veterans service organizations, shall submit to Congress an annual report on the progress of the Secretary of Veterans Affairs in implementing this Act. Each such report shall include, for the time period covered by the report, each of the following: (1) An assessment of the reliability of data regarding the wait times for appointments described in paragraph (1) of subsection (a) as required by paragraph (2)(A)(ii) of such subsection. (2) An assessment of the extent to which the Secretary met the telephone call timeframes as required by subsection (c). (3) An assessment of the extent to which medical appointments scheduled at Department medical facilities reflect the date that the veteran (or health care provider on behalf of the veteran) requests for such appoint. (4) As assessment of the extent to which medical appointments scheduled at Department medical facilities were not changed within the scheduling system of the Veterans Health Administration unless such changes were requested by the veteran (or health care provider on behalf of the veteran). | https://www.govinfo.gov/content/pkg/BILLS-113hr2661ih/xml/BILLS-113hr2661ih.xml |
113-hr-2662 | I 113th CONGRESS 1st Session H. R. 2662 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Thompson of Pennsylvania (for himself and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To strengthen families’ engagement in the education of their children.
1. Short title This Act may be cited as the Family Engagement in Education Act of 2013 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purpose. Sec. 4. Amendment references. Sec. 5. Family engagement in education. Sec. 6. State plans. Sec. 7. Local educational agency plans. Sec. 8. Family engagement in education policy. Sec. 9. Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk. Sec. 10. Research and evaluation for family engagement in education. Sec. 11. High-quality teachers and principals. Sec. 12. Definitions. Sec. 13. Repeal of Parental Assistance and Local Family Information Centers. Sec. 14. Conforming amendments. Sec. 15. Government Accountability Office study and report. 3. Findings; purpose (a) Findings Congress finds the following: (1) Family engagement in a child's education raises student achievement, improves behavior and attendance, decreases drop-out rates, and improves the emotional and physical well-being of children. (2) Families are critical determinants of children's school readiness as well as of students' decision to pursue higher education. (3) Effective family engagement is a great equalizer for students, contributing to their increased academic achievement, regardless of parents' education level, ethnicity, or socioeconomic background. (4) Research on school improvement has identified meaningful partnerships with families and communities as 1 of 5 critical ingredients necessary to turnaround chronically low-performing schools. (5) Positive benefits for children, youth, families, and schools are maximized through effective family engagement that— (A) is a shared responsibility in which schools and other community agencies and organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children's learning and development; (B) is continuous across a child's life from birth to young adulthood; and (C) reinforces learning that takes place in all settings. (b) Purpose The purpose of this Act is to increase student success and foster school improvement by strengthening families’ engagement in the education of their children. 4. Amendment references Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 5. Family engagement in education (a) Family engagement and responsibility fund Title I ( 20 U.S.C. 6301 et seq. ) is amended by adding after section 1004 the following: 1005. Family engagement and responsibility fund (a) In general Each State educational agency shall reserve not less than 0.3 percent and not more than 1 percent of such agency's allocated funds under section 1122 for each fiscal year for use as provided in subsection (b). (b) Use of reserved funds From the amounts reserved for each fiscal year under subsection (a), each State educational agency— (1) shall establish a Statewide Family Engagement Center under section 1006; (2) shall establish at least 1 Local Family Engagement Center under section 1007; and (3) may allocate any funds remaining after carrying out paragraphs (1) and (2) for building State educational agency capacity for family engagement activities under section 1008. (c) Special rule If a State's allocation under section 1122 for a fiscal year is less than $60,000,000, and such State determines that such allocation is insufficient to establish a center of sufficient size and scope to meet the requirements of paragraphs (1) and (2) of subsection (b), such State may use its allocation for activities under section 1008. . (b) Statewide Family Engagement Centers Program Title I ( 20 U.S.C. 6301 et seq. ) is amended by adding after section 1005, as added by subsection (a), the following: 1006. Statewide Family Engagement Centers (a) Grants authorized From the funds reserved under section 1005, each State shall award a grant or contract to a statewide nonprofit organization to establish a Statewide Family Engagement Center to provide comprehensive training, technical assistance, and capacity-building to local educational agencies, organizations that support family-school partnerships, and other organizations that carry out parent education and family engagement in education programs. (b) Applications (1) In general Each statewide nonprofit organization that desires a grant under this section shall submit an application to the State at such time, in such manner, and accompanied by such information as the State may require. (2) Contents Each application submitted under paragraph (1) shall include, at a minimum, the following: (A) A description of the applicant's approach to family engagement in education, including the use of strength-based strategies. (B) A description of the applicant's plan for improving statewide capacity for family engagement in education, that includes— (i) management capacity and governance; (ii) statewide leadership; (iii) systemic services for family engagement in education; (iv) capacity-building for local educational agencies, and schools served under this title; and (v) student learning and school improvement. (C) A description of the applicant's experience in providing training, information, and support to local educational agencies, schools, and nonprofit organizations on family engagement in education policies and practices that are effective for low-income parents and families, limited English proficient individuals, minorities, parents of students with disabilities, parents of homeless students, foster parents and students, parents of migrant students, and parents of Indian and Native Hawaiian students, where applicable. (D) An assurance that the Statewide Family Engagement Center will— (i) be governed by a board of directors, the membership of which includes parents of school-aged children; (ii) have a process for outreach and consultation with— (I) parents of children from birth through young adulthood; (II) representatives of the State parent-teacher association; (III) representatives of education professionals with expertise in improving services for disadvantaged children; (IV) representatives of local elementary schools and secondary schools, including students, disadvantaged youth, and representatives from local youth organizations; and (V) representatives of a State educational agency, a local educational agency, and an Indian tribe or organization; (iii) operate a center of sufficient size, scope, and quality to ensure that the center is adequate to serve the State educational agency, local educational agencies, and community-based organizations; (iv) serve urban, suburban, and rural local educational agencies and schools; (v) work with— (I) the State educational agency, local educational agencies (including local educational agencies receiving funds under section 7113), and schools; (II) Local Family Engagement Centers assisted under section 1007; (III) parent training and information centers and community parent resource centers assisted under sections 671 and 672 of the Individuals with Disabilities Education Act; and (IV) other organizations and agencies; (vi) use not less than 20 percent of the funds received under this section in each fiscal year to establish or expand technical assistance for evidence-based early childhood parent education programs that focus on successful transition to school; (vii) provide assistance to the State educational agency, local educational agencies, Indian tribes and organizations, and community-based organizations that support family members in areas such as assistance in understanding State and local standards and measures of student and school academic achievement and strategies for supporting school academic achievement; (viii) work with the State educational agency, local educational agencies, Indian tribes and organizations, and schools to determine parental needs and the best means for delivery of services to address such needs; and (ix) meet the requirements for matching funds under subsection (d). (c) Use of funds A statewide nonprofit organization that receives a grant under this section shall use the grant funds to provide training, technical assistance, and capacity-building in coordination with the State educational agency, local educational agencies, Indian tribes and organizations, and organizations that support family-school partnerships to— (1) assist parents in participating effectively in their children's education and to help their children meet State and local standards, such as assisting parents— (A) to engage in activities that will improve student academic achievement, including understanding how they can support learning in the classroom with activities at home and in afterschool and extracurricular programs; (B) to communicate effectively with their children, teachers, principals, counselors, administrators, and other school personnel; (C) to become active participants in the development, implementation, and review of school-parent compacts, family engagement in education policies, and school planning and improvement; (D) to participate in the design and provision of assistance to students who are not making adequate academic progress; (E) to participate in State and local decisionmaking; (F) to train other parents; and (G) to help the parents learn and use technology applied in their children's education; (2) assist the State educational agency in developing and implementing a statewide family engagement in education policy and systemic initiatives that will provide for a continuum of services to remove barriers for family engagement in education and support school reform efforts; (3) assist in the development, implementation, and assessment of family engagement in education policies and plans under sections 1112 and 1118; and (4) supplement the family engagement activities under section 7115 and coordinate with the Bureau of Indian Education and Indian tribes and organizations to improve family engagement in education policies and programs, where applicable. (d) Matching funds for grant renewal For each fiscal year after the first fiscal year for which a statewide nonprofit organization receives a grant under this section, the organization shall demonstrate in the application that a portion of the services provided by the organization, as determined by the State, is supported through non-Federal contributions, which may be in cash or in-kind. (e) Submission of information Each statewide nonprofit organization that receives a grant under this section shall submit to the State, on an annual basis, information on the activities it has carried out using grant funds received under this section, including reporting on metrics developed under section 1505 and reporting on the recommendations provided by the special advisory committee and the actions taken in response to such recommendations. (f) Rule of construction Nothing in this section shall be construed to prohibit a Statewide Family Engagement Center from— (1) having its employees or agents meet with a parent at a site that is not on school grounds; or (2) working with another agency that serves children. (g) Parental rights Notwithstanding any other provision of this section— (1) no person (including a parent who educates a child at home, a public school parent, or a private school parent) shall be required to participate in any program of parent education or developmental screening under this section; and (2) no program or center assisted under this section shall take any action that infringes in any manner on the right of a parent to direct the education of their children. 1007. Local Family Engagement Centers Program (a) Purpose The purpose of this section is to establish and operate Local Family Engagement Centers and to evaluate the usefulness and effectiveness of innovative approaches demonstrated by these centers in engaging families in their children’s education by providing training, services, supports, and opportunities that meet families' needs and remove barriers to their engagement in their children’s education to improve student achievement. (b) Grants authorized From the funds reserved to carry out this section under section 1005(b)(2), a State educational agency shall award grants or enter into contracts and cooperative agreements with eligible entities to establish and operate Local Family Engagement Centers. (c) Priority In making grants under this section, the State shall give priority to eligible entities that propose to serve communities with the greatest need, as determined by the State. (d) Eligible Entity In this section, the term eligible entity means a private, nonprofit organization or Indian tribe or organization that— (1) has a demonstrated record of working with low-income parents and families in the community; (2) is located in a community with elementary schools and secondary schools that receive funds under part A and is accessible to families of students in those schools; and (3) is partnering with 1 or more local educational agencies or 1 or more schools that receive funds under part A. (e) Application for grants To receive a grant under this section, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and accompanied by such information as the State educational agency may require, including— (1) a description of the entity's approach on family engagement in education, including its use of strength-based strategies; (2) information demonstrating that the applicant meets the definition of an eligible entity; (3) information that the applicant has the capacity to structure and operate a center of sufficient scope and quality adequate to serve the needs of the local area in which it is located; (4) a description of the entity’s experience in providing training, services, and support to low-income parents and families, English language learners, minorities, parents of students with disabilities, parents of homeless students, foster parents, parents of Indian and Native Hawaiian students, and parents of migrant students; (5) a description of the collaboration with the local educational agency or school personnel in the area to be served by the center; (6) a description of the steering committee, a majority of whose members are parents of students in schools that receive funds under part A, who will be targeted for services by the Local Family Engagement Center, that will direct and implement the activities of the Local Family Engagement Center; (7) a description of how the entity will coordinate its efforts with the Statewide Family Engagement Center; (8) information that the applicant is capable of meeting milestones or deadlines as the State educational agency may prescribe; and (9) such other information as the State educational agency determines necessary. (f) Uses of funds An eligible entity that receives a grant under this section shall establish and operate a Local Family Engagement Center and use the grant funds to provide training, services, and supports to engage families in their children’s education and to build the school-family partnerships necessary to ensure that all children are on track to graduate from high school ready for college and careers, such as through— (1) assisting parents and families in understanding how they can improve student achievement, including how to access ongoing student performance data and related information to support learning in the classroom with activities at home, and in afterschool and extracurricular activities; (2) assisting parents and families in supporting on-time graduation, including understanding early warning indicators that a student is at risk of not graduating on time; (3) assisting parents and families in understanding how they can prepare their children academically, socially, and financially for postsecondary education, including early awareness of the availability of student financial assistance and career and technical education opportunities; (4) training parents and families on effective ongoing communication with their children, teachers, principals, counselors, administrators, and other school personnel; (5) providing direct services to families, such as home visitation, family literacy programs, and health and behavioral health services to meet the needs of families and remove barriers for engaging in the education of their children; (6) providing advocacy services to ensure that families can fully participate in their children’s education; (7) providing supports such as transportation, childcare, and meals to facilitate family engagement in education in programs implemented or assisted by the Center; and (8) improving the coordination, availability, and effectiveness of integrated services and comprehensive supports for children and families. (g) Evaluation and annual report A State educational agency shall— (1) evaluate the effectiveness of the grants funded under this section and section 1006; and (2) issue an annual report on the implementation of such grants, describing any practices the State determines to be most effective or innovative for fulfilling the purposes of the Local Family Engagement Centers. 1008. State educational agency capacity for family engagement activities Each State may use funds reserved under section 1005(b)(3) to support the development and implementation of the statewide family engagement in education plan described in section 1111(d) through activities such as— (1) supporting an office or staff positions within the agency dedicated to family engagement in education; (2) carrying out the State’s responsibilities under sections 1006 and 1007; (3) developing and implementing a statewide data collection and evaluation system on family engagement in education metrics to identify schools that would benefit from training and support related to family engagement in education; (4) reviewing local educational agencies’ family engagement in education policies and practices as provided by sections 1112(b)(1)(P) and 1118(i), and evaluating the use of funds under this section; (5) coordinating technical assistance and support to local educational agencies, including local educational agencies receiving funds under section 7113, with schools that would benefit from training and support related to family engagement in education; (6) developing curricula for professional development for teachers, principals, school librarians, and other school leaders on improving family engagement in education; (7) developing standards and curricula for family engagement in education in partnership with teacher and principal preparation programs; and (8) coordinating statewide services related to early education, higher education, child health and welfare, after-school programs, community service-learning programs, and other programs to develop coordinated family engagement in education policies, practices, and services. . (c) Conforming amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1004 the following: Sec. 1005. Family engagement and responsibility fund. Sec. 1006. Statewide Family Engagement Centers. Sec. 1007. Local Family Engagement Centers Program. Sec. 1008. State educational agency capacity for family engagement activities. . 6. State plans (a) In general Section 1111(d) ( 20 U.S.C. 6311(d) ) is amended to read as follows: (d) Family engagement Each State plan shall include a plan for strengthening family engagement in education. Each such plan shall, at a minimum, include— (1) a description of the State's criteria and schedule for review and approval of local educational agency family engagement in education policies and practices pursuant to sections 1112(e)(3) and 1118(i); (2) a description of the State's system and process for assessing local educational agency implementation of section 1118 responsibilities; (3) a description of the State's criteria for identifying local educational agencies that would benefit from training and support related to family engagement in education; (4) a description of the State's statewide system of technical assistance and support for local educational agencies and schools on family engagement in education; (5) an assurance that the State will, when applicable, refer to the Statewide Family Engagement Center and the applicable Local Family Engagement Center those local educational agencies that would benefit from training and support related to family engagement in education; (6) an assurance that the State will communicate with Indian tribes and organizations and Native Hawaiian organizations to improve implementation of family engagement in education programs and services for parents of Indian and Native Hawaiian students; (7) a plan for using funds reserved under section 1005; and (8) a description of the relationship, as applicable, between the State educational agency and Statewide and Local Family Engagement Centers, parent training and information centers, and community parent resource centers in the State established under sections 671 and 672 of the Individuals with Disabilities Education Act. . (b) Reports (1) Annual State report Section 1111(h)(4) ( 20 U.S.C. 6311(h)(4) ) is amended— (A) in subparagraph (F), by striking and after the semicolon; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (H) the number of schools and the name of each school that would benefit from training and support related to family engagement in education, the reason why such school was so identified, and the measures taken to address the need for training and support; and (I) information on the State educational agency's family engagement in education programs and activities. . (2) Technical assistance Section 1111(j) ( 20 U.S.C. 6311(j) ) is amended by inserting the development and implementation of policies and procedures for family engagement in education, after reliable, . 7. Local educational agency plans (a) In general Section 1112(b)(1)(P) ( 20 U.S.C. 6312(b)(1)(P) ) is amended to read as follows: (P) a description of the strategy the local educational agency will use to implement and assess family engagement in education under section 1118; . (b) Engagement in developing plans Section 1112(b)(1) ( 20 U.S.C. 6312(b)(1) ) is amended— (1) by redesignating subparagraph (Q) as subparagraph (S); and (2) by inserting after subparagraph (P) the following: (Q) a description of how the local educational agency will engage families in the development, implementation, and assessment of local educational agency plans; (R) a description of how the local education agency will improve teacher and principal knowledge and skills in effectively engaging parents in their children’s education; and . 8. Family engagement in education policy (a) Local educational agency development of policies and practices Section 1118 ( 20 U.S.C. 6318 ) is amended— (1) by redesignating subsections (a) through (h) as subsections (b) through (i), respectively; and (2) by inserting before subsection (b), as redesignated by paragraph (1), the following: (a) In general Each local educational agency and each school receiving funds under this part shall develop policies and practices for family engagement in education that meet the following principles and standards for family-school partnerships: (1) Welcome all families to be active participants in the life of the school, so that they feel valued and connected to each other, school staff, and what students are learning in class. (2) Communicate effectively by ensuring regular two-way, meaningful communication between family members and local educational agency and school staff in a manner, language, and with technology that family members can understand and access. (3) Support student success by fostering continuous collaboration between family members and local educational agency and school staff to support student learning and healthy development at school and at home. (4) Speak up for every child and empower family members to be advocates for all students within the school. (5) Ensure that family members, local educational agencies, and school staff are equal partners in family engagement in education decisionmaking. (6) Collaborate with community organizations and groups to turn the school into a hub of community life. (7) Create a continuum of family engagement in education in student learning and development from birth to young adulthood. (8) Train and support superintendents, principals, and teachers to fully engage families in the education of their children. . (b) Written policy Section 1118(b)(2), as redesignated by subsection (a), is amended— (1) in subparagraph (C), by striking subsection (e) and inserting subsection (f) ; (2) in subparagraph (E), by striking and after the semicolon; (3) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (G) participate in evaluations of the effectiveness of family engagement in education strategies and policies; and (H) participate in developing recommendations for creating a positive school climate and safe and healthy schools. . (c) Reservation Section 1118(b)(3)(A), as redesignated by subsection (a), is amended to read as follows: (A) In general Each local educational agency shall reserve not less than 2 percent of its allocation under subpart 2 to carry out this section, except that this subparagraph shall not apply if 2 percent of such agency’s allocation under subpart 2 for the fiscal year for which the determination is made is $10,000 or less. . (d) Distribution Section 1118(b)(3)(C), as redesignated by subsection (a), is amended to read as follows: (C) Distribution Not less than 75 percent of the funds reserved under subparagraph (A) shall be distributed to schools served under this part. . (e) Reserved funds Section 1118(b)(3), as redesignated by subsection (a), is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following: (B) Use of funds Funds reserved under subparagraph (A) may be used for the following: (i) Increasing capacity through establishment of a dedicated office or dedicated personnel within the local educational agency or at the school level for family engagement in education. (ii) Supporting schools and nonprofit organizations in providing professional development on family engagement in education for school staff, parent leadership training, family literacy and numeracy programs, home visitation programs, family volunteerism programs, and other innovative programs that meaningfully engage families. (iii) Developing and implementing local educational agency family engagement in education data-collection systems and indicators. (iv) Providing technical assistance and training to schools on the implementation and assessment of family engagement in education policies and practices. (v) Providing additional support to schools that have been identified for improvement under section 1116(b) to assist in their implementation of family engagement in education, including the hiring and maintenance of family engagement in education coordinators. (vi) Partnering with the Statewide Family Engagement Center and the applicable Local Family Engagement Centers or community-based organizations to identify community resources, services, and supports to remove economic obstacles to family engagement in education by meeting families’ needs. (vii) Supporting schools and eligible entities in the development and implementation of research-based family practices in programs that emphasize the importance of family engagement in education, including— (I) successful transitions from early learning to kindergarten through grade 12 settings; (II) improved understanding of and shared responsibility for student success; (III) use of student and school data; (IV) importance of open, effective communication between schools and families; (V) early warning indicators that a student is at risk of not graduating on time; (VI) parent and community advocacy to increase parent participation; and (VII) improved understanding of the parents’ role in academic, social, and financial preparation for postsecondary education, including career and technical education. (viii) Assisting schools in the development, implementation, and assessment of family engagement in education plans. (ix) Monitoring and evaluating the family engagement in education policies and practices funded under this section. (x) Supporting other activities approved in the local education agency’s plan for improving family engagement in education. . (f) School parental involvement policy Section 1118(c)(1), as redesignated by subsection (a), is amended in the first sentence by striking subsections (c) through (f) and inserting subsections (d) through (g) . (g) Shared responsibility for high student academic achievement Section 1118(e), as redesignated by subsection (a), is amended— (1) in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; and (2) by striking paragraph (1) and inserting the following: (1) describe the school’s responsibility to— (A) provide high-quality curriculum and instruction in a supportive and effective learning environment that enables the children served under this part to meet the State’s student academic achievement standards, and the ways in which each parent will support their children’s learning, such as— (i) monitoring attendance and homework completion; (ii) volunteering in their child’s classroom or school; and (iii) participating, as appropriate, in decisions relating to the education of their children and positive use of extracurricular time; and (B) engage family members in the development of recommendations for student attendance, expectations, behavior, and school safety, including the development of reasonable disciplinary policies and behavioral interventions, such as the implementation of school-wide positive behavior interventions and supports and the phase-out of out-of-school suspension and expulsion; and . 9. Prevention and intervention programs for children and youth who are neglected, delinquent, or at risk (a) State plan and state agency applications Section 1414 ( 20 U.S.C. 6434 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (B), by striking and after the semicolon; (B) by redesignating subparagraph (C) as subparagraph (D); and (C) by inserting after subparagraph (B) the following: (C) that contains an assurance that each child or youth serviced by the program will have a transition plan developed in partnership with families and aftercare providers that will place the child or youth on a path to career and college readiness; and ; and (2) in subsection (c)— (A) by redesignating paragraphs (15) through (19) as paragraphs (17) through (21), respectively; and (B) by inserting after paragraph (14) the following: (15) describes how the State agency will implement family engagement in education policies and practices that align with section 1118; (16) includes an assurance that the State agency will establish, for each child or youth served under this subpart, an educational services and transition plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program that will receive the child or youth following their period of service under this subpart; . (b) Local educational agency applications Section 1423 ( 20 U.S.C. 6453 ) is amended— (1) by redesignating paragraphs (9) through (13) as paragraphs (11) through (15), respectively; and (2) by inserting after paragraph (8) the following: (9) a description of how schools will implement family engagement in education policies and practices that align with the provisions of section 1118; (10) an assurance that the local educational agency will establish for each child or youth served under this subpart an educational services plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program receiving the child or youth following their period of service under this subpart; . (c) Program requirements for correctional facilities receiving funds under this section Section 1425 (20 U.S.C. 6455) is amended— (1) in paragraph (10), by striking and after the semicolon; (2) by striking the period at the end of paragraph (11) and inserting a semicolon; and (3) by adding at the end the following: (12) prepare an educational services and transition plan for each child or youth served by the program, in partnership with families and aftercare providers, consistent with section 1414(a)(1)(C); and (13) establish for each child or youth residing in the facility and serviced by this subpart an educational services and transition plan that is developed in consultation with the child or youth, family members of the child or youth, and the local educational agency or alternative education program receiving the child or youth following their period of service under this subpart. . 10. Research and evaluation for family engagement in education (a) In general Part E of title I (20 U.S.C. 6491 et seq.) is amended by adding at the end the following: 1505. Research and evaluation for family engagement in education (a) Development of metrics for family engagement Not later than 1 year after the date of enactment of the Family Engagement in Education Act of 2013, the Director of the Institute of Education Sciences, after consultation with the advisory committee established under subsection (b), shall develop recommended metrics on family engagement in education for State educational agencies that reserve funds under section 1005 and local educational agencies that reserve funds under section 1118 and provide recommendations on the integration of metrics into State accountability and longitudinal data systems. (b) Advisory committee The Secretary shall appoint an advisory committee, including researchers and representatives from national nonprofit organizations with expertise in family engagement in education, to make data-driven recommendations regarding metrics required under subsection (a). (c) Research for effective family engagement in education From funds appropriated to carry out this subpart, the Secretary shall conduct research on effective family engagement in education, including through awarding grants and entering into contracts with eligible entities. Such research may include— (1) exploratory research to discover the underlying processes or components of family engagement in education programs that are associated with improved education outcomes for students; (2) research to— (A) develop culturally sensitive strategies or programs for improving family engagement in education; and (B) rigorously evaluate the impact of such strategies or programs on students' education outcomes; and (3) research to— (A) develop professional development programs intended to enable school personnel to support parental involvement in education; and (B) rigorously evaluate the impact of such programs on students' education outcomes. . (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1504 the following: Sec. 1505. Research and evaluation for family engagement in education. . 11. High-quality teachers and principals (a) State application contents Section 2112(b) ( 20 U.S.C. 6612(b) ) is amended by adding at the end the following: (13) A description of how the State educational agency will improve teacher and principal knowledge and skill in effectively engaging families in their children’s education. . (b) State activities Section 2113(c) ( 20 U.S.C. 6613(c) ) is amended— (1) by redesignating paragraphs (12) through (18) as paragraphs (13) through (19), respectively; and (2) by inserting after paragraph (11) the following: (12) Training of teachers and principals on how to effectively engage families in their children's education. . 12. Definitions Section 9101 ( 20 U.S.C. 7801 ) is amended— (1) by striking paragraph (32); (2) by redesignating paragraphs (20) through (31) as paragraphs (21) through (32), respectively; and (3) by inserting after paragraph (19) the following: (20) Family engagement in education The term family engagement in education means a shared responsibility— (A) of families and schools for student success, in which schools and community-based organizations are committed to reaching out to engage families in meaningful ways and families are committed to actively supporting their children’s learning and development; and (B) that is continuous from birth through young adulthood and reinforces learning that takes place in the home, school, and community. . 13. Repeal of Parental Assistance and Local Family Information Centers (a) In general Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. ) is amended— (1) by striking subpart 16; and (2) by redesignating subparts 17, 18, 19, 20, and 21, as subparts 16, 17, 18, 19, and 20, respectively. (b) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended— (1) by striking the item relating to subpart 16 of part D of title V; (2) by striking the items relating to sections 5561, 5562, 5563, 5564, 5565, and 5566; and (3) by redesignating the items relating to subparts 17, 18, 19, 20, and 21 of part D of title V, as subparts 16, 17, 18, 19, and 20 of part D of title V, respectively. 14. Conforming amendments The Act (20 U.S.C. 6301 et seq.) is amended by striking— (1) parental involvement and parent involvement each place the terms appear and inserting family engagement in education ; (2) involvement of parents each place the term appears and inserting engagement of families ; (3) parental information and resource center each place the term appears and inserting Statewide Family Engagement Center ; (4) parental information and resource centers each place the term appears and inserting Statewide Family Engagement Centers ; and (5) involve parents each place the term appears and inserting engage families . 15. Government Accountability Office study and report (a) Study (1) In general The Comptroller General of the United States shall conduct a study, and make findings and recommendations relating to compliance with, and use of funds made available for, section 1118 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6318 ), including matters specified in paragraph (2). (2) Inclusions The study shall include a review and analysis of— (A) the use of funds reserved by local educational agencies for family engagement in education under such section 1118; (B) the innovative, effective, replicable, or model family engagement in education policies, practices, and uses of funds of State educational agencies and local educational agencies determined by the Secretary of Education to be in alignment with section 1118; (C) any barriers to State educational agencies and local educational agencies in implementing section 1118; (D) any barriers to Indian tribes and organizations, Native Hawaiian organizations, and Alaska Native organizations in developing, implementing, and assessing family engagement in education policies and practices; and (E) the use of data collection and reporting and outcome and assessment systems of State educational agencies and local educational agencies to determine the extent to which family engagement in education is implemented as described in section 1118. (b) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report containing the findings and recommendations resulting from the study conducted under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr2662ih/xml/BILLS-113hr2662ih.xml |
113-hr-2663 | I 113th CONGRESS 1st Session H. R. 2663 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Burgess (for himself, Mrs. Christensen , Mr. Cassidy , Mr. Womack , Ms. Lee of California , Mr. Griffin of Arkansas , Mr. Guthrie , Mr. Gingrey of Georgia , Mr. Pallone , Mrs. Blackburn , Mr. Engel , and Mr. Lance ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Congressional Budget Act of 1974 respecting the scoring of preventive health savings.
1. Scoring of preventive health savings Section 202 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 602 ) is amended by adding at the end the following new subsection: (h) Scoring of preventive health savings (1) Determination by the Director Upon a request by the chairman or ranking minority member of the Committee on the Budget, the Committee on Finance, or the Committee on Health, Education, Labor, and Pensions of the Senate, or by the chairman or ranking minority member of the Committee on the Budget, the Committee on Energy and Commerce, or the Committee on Ways and Means of the House of Representatives, the Director shall determine if a proposed measure would result in reductions in budget outlays in budgetary outyears through the use of preventive health and preventive health services. (2) Projections If the Director determines that a measure would result in substantial reductions in budget outlays as described in paragraph (1), the Director— (A) shall include, in any projection prepared by the Director, a description and estimate of the reductions in budget outlays in the budgetary outyears and a description of the basis for such conclusions; and (B) may prepare a budget projection that includes some or all of the budgetary outyears, notwithstanding the time periods for projections described in subsection (e) and sections 308, 402, and 424. (3) Definitions As used in this subsection— (A) the term preventive health means an action that focuses on the health of the public, individuals and defined populations in order to protect, promote, and maintain health and wellness and prevent disease, disability, and premature death that is demonstrated by credible and publicly available evidence from epidemiological projection models, clinical trials, observational studies in humans, longitudinal studies, and meta-analysis, to avoid future health care costs; and (B) the term budgetary outyears means the 2 consecutive 10-year periods beginning with the first fiscal year that is 10 years after the budget year provided for in the most recently agreed to concurrent resolution on the budget. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2663ih/xml/BILLS-113hr2663ih.xml |
113-hr-2664 | I 113th CONGRESS 1st Session H. R. 2664 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Carney (for himself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Commerce to establish a voluntary program under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States.
1. Short title This Act may be cited as the Made in America Act of 2013 . 2. America Star Program (a) In general The Secretary shall establish a voluntary program, to be known as the America Star Program , under which manufacturers may have products certified as meeting the standards of labels that indicate to consumers the extent to which the products are manufactured in the United States. (b) Establishment of labels (1) In general The Secretary shall by rule establish such America Star labels as the Secretary considers appropriate, including the content of the labels and the standards that a product shall meet in order to bear a particular America Star label. The labels shall be consistent with public perceptions of the meaning of descriptions of the extent to which a product is manufactured in the United States. (2) Goals The America Star labels shall be designed to achieve the following goals: (A) Providing clarity for consumers about the extent to which products are manufactured in the United States. (B) Encouraging manufacturers to manufacture more products in the United States. (C) Highlighting the importance of domestic manufacturing for the economy of the United States. (c) Certification of products (1) Application procedures A manufacturer that wishes to have a product certified as meeting the standards of an America Star label may apply to the Secretary for certification in accordance with such procedures as the Secretary shall by rule establish. (2) Action by Secretary After receiving an application for certification under paragraph (1), the Secretary shall, not later than a reasonable time to be specified by the Secretary by rule— (A) determine whether the product meets the standards of the label; (B) if the product meets such standards, certify the product; and (C) notify the manufacturer of the determination and whether the product has been certified. (d) Monitoring; withdrawal of certification (1) Monitoring The Secretary shall conduct such monitoring and compliance review as the Secretary considers necessary to— (A) detect violations of subsection (h); and (B) ensure that products certified as meeting the standards of America Star labels continue to meet such standards. (2) Withdrawal of certification (A) On initiative of Secretary If the Secretary determines that a product certified as meeting the standards of an America Star label no longer meets such standards, the Secretary shall— (i) notify the manufacturer of the determination and any corrective action that would enable the product to meet such standards; and (ii) if the manufacturer does not take such action within a reasonable time after receiving notification under clause (i), to be specified by the Secretary by rule, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (B) At request of manufacturer At the request of the manufacturer of a product, the Secretary shall withdraw the certification of the product and notify the manufacturer of the withdrawal. (e) Regulations (1) In general The Secretary may promulgate such regulations as are necessary to implement this section. (2) Deadline Not later than 2 years after the date of the enactment of this Act, the Secretary shall promulgate such regulations as are necessary to begin certifying products under the America Star Program. (f) Administration by contract The Secretary may enter into a contract with a person under which such person carries out certification determinations under subsection (c), monitoring activities and withdrawal determinations under subsection (d), collection of fees under subsection (k)(1) and the remission of such fees to the Secretary (but not the establishment of the amounts of such fees), and related administrative activities. For purposes of subsections (h) and (j), such a determination, activity, or collection by such person shall be considered to be an action of the Secretary. (g) Consultation (1) With Federal Trade Commission In establishing the America Star labels and operating the America Star Program, the Secretary shall consult with the Federal Trade Commission to ensure consistency with the requirements enforced by the Commission with respect to representations of the extent to which products are manufactured in the United States. (2) With private-sector companies In establishing the America Star labels and operating the America Star Program, the Secretary should consult with private-sector companies that have developed labeling programs to verify or certify to consumers the extent to which products are manufactured in the United States. (h) Prohibited conduct Unless there is in effect a certification by the Secretary that a product meets the standards of an America Star label, a person may not place such label on such product, use such label in any marketing materials for such product, or in any other way represent that such product meets or is certified as meeting the standards of such label. (i) Enforcement (1) Civil penalty Any person who knowingly violates subsection (h) shall be subject to a civil penalty of not more than $10,000. (2) Ineligibility (A) In general Except as provided in subparagraph (C), if the Secretary determines that a manufacturer— (i) has made a false statement to the Secretary in connection with the America Star Program; (ii) knowing, or having reason to know, that a product does not meet the standards of an America Star label, has placed such label on such product, has used such label in any marketing materials for such product, or in any other way has represented that such product meets or is certified as meeting the standards of such label; or (iii) has otherwise violated the purposes of the America Star Program; the Secretary may not, for a period of 5 years after the conduct described in clause (i), (ii), or (iii), certify the product to which such conduct relates as meeting the standards of an America Star label. (B) Effect on existing certification In the case of a product with respect to which, at the time of the determination of the Secretary under subparagraph (A), there is in effect a certification by the Secretary that the product meets the standards of an America Star label— (i) if the product continues to meet such standards, the Secretary may either withdraw the certification or allow the certification to continue in effect, as the Secretary considers appropriate; and (ii) if the product no longer meets such standards, the Secretary shall withdraw the certification. (C) Waiver Notwithstanding subparagraph (A), the Secretary may waive or reduce the period referred to in such subparagraph if the Secretary determines that the waiver or reduction is in the best interests of the America Star Program. (3) False statements A false statement in connection with the America Star Program to a person with whom the Secretary contracts under subsection (f) shall be considered a false statement to the Secretary for purposes of paragraph (2)(A)(i) and section 1001 of title 18, United States Code. (j) Administrative appeal (1) Expedited appeals procedure The Secretary shall establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary under this section that— (A) adversely affects such person; or (B) is inconsistent with the America Star Program. (2) Appeal of final decision A final decision of the Secretary under paragraph (1) may be appealed to the United States district court for the district in which the person is located. (k) Offsetting collections (1) In general The Secretary may collect reasonable fees from— (A) manufacturers that apply for certification of products as meeting the standards of America Star labels; and (B) manufacturers of products for which such certifications are in effect. (2) Account The fees collected under paragraph (1) shall be credited to the account that incurs the cost of the certification services provided under this section. (3) Use The fees collected under paragraph (1) shall be available to the Secretary, without further appropriation or fiscal-year limitation, to pay the expenses of the Secretary incurred in providing certification services under this section. (l) Definitions In this section: (1) America Star label The term America Star label means a label described in subsection (a) and established by the Secretary under subsection (b)(1). (2) America Star Program The term America Star Program means the voluntary labeling program established under this section. (3) Secretary The term Secretary means the Secretary of Commerce. | https://www.govinfo.gov/content/pkg/BILLS-113hr2664ih/xml/BILLS-113hr2664ih.xml |
113-hr-2665 | I 113th CONGRESS 1st Session H. R. 2665 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure secure gun storage and gun safety devices.
1. Gun storage and safety devices for all firearms (a) Secure gun storage or safety devices by federal firearms licensees Section 922(z) of title 18, United States Code, is amended to read as follows: (z) It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, transfer, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, or licensed dealer) unless the transferee is provided with a secure gun storage or safety device. . (b) Penalties Section 924(p) of such title is amended to read as follows: (p) The Attorney General may, after notice and opportunity for hearing, suspend or revoke any license issued under this chapter or may subject the licensee to a civil penalty of not more than $10,000 if the holder of such license has knowingly violated section 922(z). The actions of the Attorney General under this subsection may be reviewed only as provided in section 923(f). . (c) Effective date The amendments made by this section shall be effective 180 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2665ih/xml/BILLS-113hr2665ih.xml |
113-hr-2666 | I 113th CONGRESS 1st Session H. R. 2666 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Barton introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 program for the licensing of Internet poker by States and federally recognized Indian tribes, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Internet Poker Freedom 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. Findings. Title I—Prohibition on Unlicensed Internet Poker and Protections for Internet Poker Consumers Sec. 101. Definitions. Sec. 102. Prohibition on unlicensed Internet poker. Sec. 103. Department of Commerce qualification and oversight of Qualified Regulatory Authorities. Sec. 104. Licensing by Qualified Regulatory Authorities. Sec. 105. Enforcement. Sec. 106. Compulsive gaming, responsible gaming, and self-exclusion program requirements. Sec. 107. Prohibitions and restrictions. Sec. 108. Safe harbor. Sec. 109. Relation to subchapter IV of chapter 53 of title 31, United States Code. Sec. 110. Cheating and other fraud. Sec. 111. Construction and relation to other law. Sec. 112. Regulations. Sec. 113. Annual reports. Sec. 114. Effective date. Title II—Strengthening of Unlawful Internet Gambling Enforcement Act of 2006 Sec. 201. Financial transaction providers. Sec. 202. List of unlicensed Internet gambling enterprises. Sec. 203. Regulations. Sec. 204. Conforming amendments. 2. Findings Congress finds the following: (1) Since the development of the Internet, online Web sites offering Internet poker have raised numerous policy, consumer protection, and enforcement concerns for Federal, State, and tribal governments as such Web sites are run by operators located in many different countries and have sought to attract customers from the United States. (2) The Unlawful Internet Gambling Enforcement Act of 2006 (title VIII of Public Law 109–347 ; 120 Stat. 1952) was intended to aid enforcement efforts against unlawful Internet operators and to limit unlawful Internet gaming involving United States persons. However, that Act has only been partially successful in doing so. (3) There is uncertainty about the laws of the United States governing Internet poker, though not about laws governing Internet sports betting. In United States v. DiCristina a Federal District Court for the Eastern District of New York held that poker is a game in which skill is the predominant factor in determining the outcome and that in passing the Illegal Gambling Businesses Act, Congress only intended to criminalize clear games of chance. (4) Additional tools to assist law enforcement in the prevention of unlawful Internet gaming activities would be important and beneficial. Maintenance of a list of unlicensed Internet poker enterprises and the owners, operators, and key personnel of such enterprises (as well as entities and related personnel found unsuitable) would aid those law enforcement efforts and would make the Unlawful Internet Gambling Enforcement Act more effective. (5) Poker is distinct from the class of games of chance traditionally defined as gambling in that players compete against each other, and not the person or entity hosting the game (sometimes called the house ), and that over any significant interval the outcome of a poker game is predominantly determined by the skill of the participants. (6) United States consumers would benefit from a program of Internet poker regulation which recognizes the interstate nature of the Internet, but nevertheless preserves the prerogatives of States and federally recognized Indian tribes. Such a system would require strict licensing of Internet poker providers and would require licensee operators to— (A) have effective means to prevent minors from playing poker on-line; (B) identify and help treat problem gamblers; (C) prevent minors and players in non-participating States; (D) allow players to self-exclude and limit losses; and (E) prevent money laundering. (7) Such a program would create a new industry within the United States creating thousands of jobs and substantial revenue for Federal, State, and tribal governments. I Prohibition on Unlicensed Internet Poker and Protections for Internet Poker Consumers 101. Definitions As used in this title, the following definitions apply: (1) Applicant The term applicant means any person who has applied for a license pursuant to this title. (2) Bet or wager (A) In general Except as provided in subparagraph (B), the term bet or wager has the meaning given the term in section 5362 of title 31, United States Code. (B) Exception The term bet or wager does not include the following: (i) Interstate horseracing A bet or wager that is permissible under the Interstate Horseracing Act of 1978 ( 15 U.S.C. 3001 et seq. ). (ii) Certain intrastate transactions Placing, receiving, or otherwise transmitting a bet or wager— (I) as described in subparagraph (B) of section 5362(10) of title 31, United States Code, and clarified by subparagraph (E) of such section; and (II) authorized under a license that was issued by a regulatory body of a State or federally recognized Indian tribe on or before the date of enactment of this Act. (iii) Intrastate lottery transactions A bet or wager that is— (I) a chance or opportunity to win a lottery or other prize (which opportunity to win is predominantly subject to chance) authorized by a State or federally recognized Indian tribe; and (II) a placing, receiving, or transmitting of a bet or wager as described in such subparagraph (B) and clarified by subparagraph (E) of such section 5362(10). (iv) Intratribal transactions Placing, receiving, or otherwise transmitting a bet or wager as described in subparagraph (C) of such section 5362(10), as clarified by such subparagraph (E). (3) Casino gaming (A) In general Except as provided in subparagraph (B), the term casino gaming means the full range of casino gaming activity licensed by regulatory bodies of States or federally recognized Indian tribes that would be qualified as class III gaming under section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ), if that Act were applicable to the gaming. (B) Exception The term casino gaming does not include lotteries of States or federally recognized Indian tribes. (4) Casino gaming facility The term casino gaming facility means a facility that provides casino gaming on a riverboat, at a race track, or in another facility that hosts gaming devices in one physical location pursuant to a duly authorized license issued by a gaming regulatory authority of a State or Indian tribe and has not fewer than 500 slot machines. (5) Commission The term Commission means the National Indian Gaming Commission. (6) Gaming device (A) In general Except as provided in subparagraph (B), the term gaming device means any computer-based gambling machine, including slot machines and video lottery terminals that have been approved by a gaming regulatory authority of a State or federally recognized Indian tribe. (B) Exceptions The term gaming device does not include— (i) machines that process bets or wagers for parimutuel betting pools or class II gaming devices qualified under section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ); or (ii) a personal computer. (7) Independent testing laboratory The term independent testing laboratory means a testing laboratory that is accredited by an international accreditation body approved by the Secretary and is not owned or controlled by an Internet gaming facility, an electronic gambling equipment vendor, manufacturer, or retailer, or an Internet gambling operator. (8) Indian lands and federally recognized Indian tribe The terms Indian lands and federally recognized Indian tribe have the meanings given the terms Indian lands and Indian tribes , respectively, in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 ). (9) Internet The term Internet has the meaning given the term in section 5362 of title 31, United States Code. (10) Internet poker The term Internet poker means a poker game, hand, tournament, or other contest of poker offered through the use of an Internet poker facility. (11) Internet poker facility The term Internet poker facility means an Internet Web site, or similar communications facility in which transmissions may cross State boundaries, through which a bet or wager is initiated, received, or otherwise made, solely with respect to a game, hand, tournament, or other contest of poker, whether transmitted by telephone, Internet, satellite, or other wire or wireless communication facility, service, or medium. (12) Licensee The term licensee means a person who operates an Internet poker facility under a license issued by a qualified regulatory authority pursuant to this title. (13) Operate an Internet poker facility The term operate an Internet poker facility means to conduct, direct, manage, own, supervise, or control an Internet poker facility. (14) Poker The term poker means any of several card games commonly known as poker in which players compete against each other, and not against any person, entity, or fellow player hosting the game (sometimes called the house ), the outcome of which, over any significant interval, is predominantly determined by the skill of the players. (15) Qualified regulatory authority The term qualified regulatory authority means— (A) a State agency or regulatory body that has been designated as a qualified regulatory authority under section 103(c); (B) the designated regulatory authority of a federally recognized Indian tribe authorized to game under the Indian Gaming Regulatory Act and designated as a qualified regulatory authority under section 103(c); or (C) the Office of Internet Poker Oversight established under section 103(b). (16) Qualified card room The term qualified card room means a facility that has been licensed by a State or federally recognized Indian tribe to provide at least 175 tables in one physical facility for bets or wagers on poker. (17) Remote gaming equipment (A) In general Except as provided in subparagraph (B), the term remote gaming equipment means electronic or other equipment principally used by or on behalf of an operator of an Internet poker facility, including by any significant vendor to such operator, to— (i) register a person’s participation in Internet poker and to store information relating thereto; (ii) present to persons who are participating or who may participate in Internet poker the game that is to be played; (iii) determine all or part of, or the effect of, a result relevant to a game, hand, tournament, or other contest of Internet poker and to store information relating thereto; (iv) accept payment with respect to Internet poker from the player; or (v) authorize payment of any winnings in respect of Internet poker. (B) Exception The term remote gaming equipment does not include the following: (i) Equipment used for business continuity, back-up, excess capacity, or other secondary use. (ii) A computer which is used by a person to participate in Internet poker unless the computer is provided by or on behalf of the person who is conducting or providing the facilities for the game. (iii) Equipment operated in the ordinary course of providing banking, telecommunications, or payment processing services. (iv) Such other equipment that provides ancillary services as the Secretary considers appropriate. (18) Secretary The term Secretary means the Secretary of Commerce. (19) Significant vendor The term significant vendor means a person who— (A) on behalf of a licensee, knowingly manages, administers, or controls bets or wagers that are initiated, received, or otherwise made within the United States; (B) on behalf of a licensee, knowingly manages, administers, or controls the games with which such bets or wagers are associated; (C) on behalf of a licensee, develops, maintains, or operates the software or other system programs or hardware on which the games or the bets or wagers are managed, administered, or controlled; (D) provides the trademarks, trade names, service marks, or similar intellectual property under which a licensee identifies its Internet poker facility to its customers in the United States; (E) sells, licenses, or otherwise receives compensation for selling or licensing information via a database or customer list on individuals in the United States selected in whole or in part because they made bets or wagers with an Internet gambling facility not licensed either pursuant to this title or by a State or federally recognized Indian tribe as permitted under this title; (F) provides any products, services, or assets to a licensee and is paid a percentage of gaming revenue or Internet poker commission fees by the licensee (not including fees to financial institutions and payment providers for facilitating a deposit by a customer); or (G) with respect to an applicant, proposes to provide any of the activities, services, or items identified in subparagraphs (A) through (E). (20) State The term State means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States. 102. Prohibition on unlicensed Internet poker (a) Prohibition (1) In general It shall be unlawful for a person to operate an Internet poker facility without a license in good standing issued to such person by a qualified regulatory authority under this title. (2) Exception Paragraph (1) shall not apply to the operation of an Internet poker facility by a person located outside the United States in which bets or wagers are initiated, received, or otherwise made by individuals located outside the United States. (b) Criminal penalties Any person who violates this section shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. 103. Department of Commerce qualification and oversight of Qualified Regulatory Authorities (a) Commerce responsibilities and powers The Secretary, in the case of a State, and the Commission, in the case of a federally recognized Indian tribe, shall have responsibility and authority for the following activities: (1) Reviewing and qualifying regulatory authorities to issue licenses under this title. (2) Exercising oversight over qualified regulatory authorities to ensure that such authorities— (A) comply with the requirements of this title; and (B) carry out their regulatory and enforcement functions under this title with appropriate diligence. (3) Investigating and taking appropriate remedial action with respect to any qualified regulatory authority. (4) Prescribing such regulations as may be necessary to administer and enforce the provisions of this title. (b) Office of Internet Poker Oversight (1) Establishment The Secretary shall establish an office in the Department of Commerce to be known as the Office of Internet Poker Oversight (in this subsection referred to as the office ) to exercise the functions of the Secretary set out in this title. (2) Director and delegation of authority The Secretary shall appoint a Director of the office from among individuals who have demonstrated experience and expertise in regulating gaming activities and may delegate to the Director any authority, duty, or responsibility conferred upon the Secretary by this title. (c) Designation of qualified regulatory authorities (1) Qualification of regulatory authorities The Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, shall qualify any regulatory authority that is designated to the Secretary or the Commission by a State or federally recognized Indian tribe, respectively, that wishes to participate in the licensing program to carry out the licensing and other functions under this title if the Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, determines that such regulatory authority meets the minimum standards for qualification prescribed under paragraph (2). (2) Minimum standards for qualified regulatory authorities The Secretary, in consultation with the National Indian Gaming Commission, shall prescribe minimum standards for qualifying a qualified regulatory authority under this subsection, including minimum standards— (A) relating to the size and qualification of staff of the regulatory authority to ensure a sufficient number of enforcement agents with experience in gaming regulatory enforcement areas to discharge its intended functions and that the applicant have the sophistication and resources necessary to evaluate issues unique to the Internet environment; (B) relating to the length of time the applicant has regulated other forms of gaming to ensure designations of only those applicants that have a history of demonstrated regulatory enforcement and oversight commensurate with the responsibilities imposed under this title; (C) for assessing the applicant’s experience and willingness to work with Federal authorities, including the Financial Crimes Enforcement Network; (D) prohibiting conflicts of interest to ensure that qualified regulatory authorities are not controlled, directly or indirectly, by persons that have any significant ownership interest in entities regulated under this title; (E) for the capacity and experience of a qualified regulatory authority in conducting rigorous suitability reviews; (F) for the enforcement and regulatory authorities provided to the applicant under the law of the applicable State or federally recognized Indian tribe, including investigative authority, authority to impose requirements on licensees, and authority to impose civil or other penalties; and (G) the Secretary, in consultation with the Commission considers relevant to the ability of a regulatory authority to serve as an effective qualified regulatory authority. (3) Withdrawal of qualification (A) In general Beginning on the date that is 1 year after the date on which the Secretary prescribes final regulations under this title, the Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, may, after providing 60 days notice to a qualified regulatory authority, withdraw the qualification of such regulatory authority under this section if the Secretary or Commission, respectively, determines that the regulatory authority is not in compliance with the minimum standards established under paragraph (2) or other requirements of this title. (B) Opportunity to comply The Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, may provide a qualified regulatory authority who receives notice under subparagraph (A) with an opportunity to come into compliance for a period of not more than 180 days. The Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, may extend such period by not more than 180 additional days if the qualified regulatory authority has made substantial progress toward compliance as of the expiration of the first 180-day period. (C) Effect of notice A qualified regulatory authority that receives notice under subparagraph (A) may not issue any new licenses under this title until the Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, determines that the qualified regulatory authority is in compliance with the requirements of this title and regulations prescribed thereunder. (D) Right to appeal A qualified regulatory authority that has had its qualification withdrawn under this paragraph may appeal to the United States District Court for the District of Columbia that such withdrawal was an abuse of discretion. (4) Action upon withdrawal of qualification (A) In general Except as provided in subparagraph (B), not later than 30 days after the date on which the Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, withdraws the qualification of a qualified regulatory authority under paragraph (3), each person with a license issued by the qualified regulatory authority shall— (i) (I) cease offering, accepting, and providing services with respect to bets or wagers from persons located in the United States under such license; and (II) return all customer deposits or place those sums the return of which to United States customers is not feasible due to change in customer address, bank details, or similar difficulty, in escrow in an account with a financial institution in the United States for safekeeping and orderly disposition by the Secretary; or (ii) apply for a new license from a different qualified regulatory authority. (B) Interim operation If a person applies for a new license under clause (ii) of subparagraph (A), the person may continue the activities described in clause (i)(I) of such subparagraph until final action is taken on the license application by the qualified regulatory authority. (C) Interim regulatory oversight Until final action is taken under subparagraph (B) with respect to a person, the Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, shall have enforcement and regulatory authority over the licensed activities of such person. (d) Oversight of qualified regulatory authorities The Secretary, in the case of a State, or the Commission, in the case of a federally recognized Indian tribe, may investigate and take such action as the Secretary considers appropriate with respect to any qualified regulatory authority that appears, based upon the Secretary’s or Commission’s own inquiry or based upon credible information provided by other persons, including licensees or law enforcement officials, to be deficient or substantially less rigorous than other qualified regulatory authorities in the discharge of its responsibilities under this title. (e) Consultation with federally recognized Indian tribes In implementing this title, the Secretary and the Commission shall conduct meaningful consultation with federally recognized Indian tribes regarding all aspects of this title which affect federally recognized Indian tribes. 104. Licensing by Qualified Regulatory Authorities (a) Internet poker facility licensing program (1) Authority to operate Internet poker facility under valid license Notwithstanding any other provision of law and subject to the provisions of this title, a licensee may accept a bet or wager with respect to Internet poker from an individual located in the United States and may offer related services so long as the license of the licensee issued under this title remains in good standing. (2) Significant vendors If a person seeks a certificate of suitability from a qualified regulatory authority to provide services to a licensee or applicant as a significant vendor with respect to an Internet poker facility, such person shall not be required to obtain a license under this title to provide such services with respect to that Internet poker facility. (3) Prohibitions imposed by States or federally recognized Indian tribes (A) Action by a State No licensee may engage, under any license issued under this title, in the operation of an Internet poker facility that knowingly accepts bets or wagers initiated by persons who reside in any State which provides notice that it will prohibit such bets or wagers, if the Governor or other chief executive officer of such State informs the Secretary of such prohibition in a letter that identifies the nature and extent of such prohibition. (B) Changes to State prohibitions The establishment, repeal, or amendment by a State of any prohibition described in subparagraph (A) shall apply, for purposes of this title, beginning on the day that occurs after the end of the 60-day period beginning on the later of— (i) the date a notice of such establishment, repeal, or amendment is provided by the Governor or other chief executive officer of such State in writing to the Secretary; or (ii) the effective date of such establishment, repeal, or amendment. (C) Application of State action to tribal lands of federally recognized Indian tribes Any State prohibition described in subparagraph (A) shall not apply to the acceptance by a licensee of bets or wagers from persons located within the tribal lands of a federally recognized Indian tribe that— (i) has itself not opted out pursuant to subsection (b); or (ii) would be entitled pursuant to other applicable law to permit such bets or wagers to be initiated and received within its territory without use of the Internet. (D) Actions by a federally recognized Indian tribe No Internet poker licensee knowingly may accept a bet or wager from a person located in the tribal lands of any federally recognized Indian tribe which prohibits such gambling activities or other contests if the principal chief or other chief executive officer of such federally recognized Indian tribe informs the Secretary of such prohibition in a letter that identifies the nature and extent of such prohibition. (E) Changes to State and federally recognized Indian tribe prohibitions The establishment, repeal, or amendment by any federally recognized Indian tribe of any prohibition referred to in subparagraph (D) shall apply, for purposes of this title, beginning on the day that occurs after the end of the 60-day period beginning on the later of— (i) the date a notice of such establishment, repeal, or amendment is provided by the principal chief or other chief executive officer of such federally recognized Indian tribe in writing to the Secretary; or (ii) the effective date of such establishment, repeal, or amendment. (F) Notification and Enforcement of State and Tribe prohibitions (i) Notification and measures to ensure compliance The Secretary shall notify all licensees and applicants of all States and federally recognized Indian tribes that have provided notice pursuant to subparagraph (A)(ii) or (C)(ii), as the case may be, promptly upon receipt of such notice and in no event fewer than 30 days before the effective date of such notice. The Secretary shall take effective measures to ensure that any licensee under this subchapter, as a condition of the license, complies with any limitation or prohibition imposed by any State or federally recognized Indian tribe to which the licensee is subject. (ii) Violations A violation of subparagraph (A) or (C) shall be a violation of this title enforceable under section 105. (b) Application for license (1) Application Except as provided in subparagraph (B), a person seeking to operate an Internet poker facility under this title shall submit to the qualified regulatory authority of the State or federally recognized Indian tribe where servers for such Internet poker facility are located or will be located an application for a license at such time, in such form, and in such manner as the qualified regulatory authority considers appropriate, including at a minimum the following: (A) Complete financial information about the applicant. (B) Documentation showing the organization of the applicant and all related businesses and affiliates. (C) The criminal and financial history of— (i) the applicant; (ii) each of the senior executives and directors of the applicant; (iii) any other person who is in control of the applicant; and (iv) such other persons as the qualified regulatory authority considers appropriate. (D) Such other information as may be necessary for the suitability analysis required under subsection (c). (E) Disclosure of all other applications for licenses previously or simultaneously submitted under this paragraph to other qualified regulatory authorities and whether those applications are pending, were granted, or were denied. (F) A detailed description of the applicant's plan for complying with all applicable requirements and regulations prescribed pursuant to this title. (G) A certification by the applicant that the applicant agrees to be subject to— (i) jurisdiction in Federal courts and in the courts of the State or federally recognized Indian tribe of the qualified regulatory authority to which the applicant has applied; and (ii) all applicable provisions of Federal law. (2) Notice to the Secretary Each qualified regulatory authority shall report all applicants for licensure and the dispositions of their applications to the Secretary promptly upon disposition of each application or in such intervals as the Secretary may prescribe. Such report shall include such information or documentation as the Secretary may require. (c) Standards for license issuance; suitability qualifications and disqualification standards (1) Suitability for licensing No applicant shall be eligible to obtain a license under this title unless a qualified regulatory authority, with whom the applicant has filed an application for a license, has determined, upon completion of a background check and investigation, that the applicant, any person deemed to be in control of the applicant, all significant vendors of the applicant, and any other person determined by the qualified regulatory authority as having significant influence on the applicant are suitable for licensing or for receiving a certificate of suitability as applicable. (2) Investigation (A) Determination of suitability Prior to issuing a license under this section, a qualified regulatory authority shall conduct the investigation and analysis described in paragraph (1) to determine whether the applicant or person— (i) is a person of good character, honesty, and integrity; (ii) is a person whose prior activities, criminal record, if any, reputation, habits, and associations do not— (I) pose a threat to the public interest or to the effective regulation and control of Internet poker facilities; or (II) create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of Internet poker facilities or the carrying on of the business and financial arrangements incidental to such facilities; (iii) is capable of and likely to conduct the activities for which the applicant is licensed or receives a certificate of suitability in accordance with the provisions of this title, any regulations prescribed under this title, and all other applicable laws; (iv) with respect to applicants, has or guarantees acquisition of adequate business competence and experience in the operation of casino gaming facilities or Internet poker facilities; (v) with respect to applicants, has or will obtain sufficient financing for the nature of the proposed operation and from a source that the qualified regulatory authority has not found unsuitable under the criteria established under subparagraph (B); and (vi) has disclosed to the qualified regulatory authority all known affiliations or relationships, whether direct or indirect. (B) Unsuitable An applicant or any other person may not be determined to be suitable under this subsection if the applicant or such person— (i) has failed to provide information and documentation material to a determination of suitability for licensing under paragraph (1); (ii) has supplied information which is untrue or misleading as to a material fact pertaining to any such determination; (iii) has been convicted of an offense that is punishable by imprisonment of more than 1 year; (iv) is delinquent in the payment of any applicable Federal or State tax, tax penalty, addition to tax, or interest owed to a jurisdiction in which the applicant or person operates or does business, unless such payment has been extended or is the subject of a pending judicial or administrative dispute; (v) has not certified in writing that the person submits to personal jurisdiction in the United States; or (vi) fails to comply with such other standard as the applicable qualified regulatory authority considers appropriate. (C) Ineligibility due to prior engagement in unlawful Internet poker (i) No applicant nor any other person may be eligible for a license or certificate of suitability under this section if such applicant or person has been convicted of accepting bets or wagers from any other person through an Internet poker facility in felony violation of Federal or State law. The ineligibility of an applicant or other person under this subparagraph shall terminate on the date that is 5 years after the date on which the first license is issued under this section. (ii) No applicant or person who has purchased the assets of a person described in clause (i) subsequent to the enactment of this Act shall be eligible for a license or certificate of suitability under this section until the date that is 5 years after the date on which the first license is issued. (3) Ongoing requirement A licensee (and any other person who is required to be determined to be suitable for licensing in connection with such licensee) shall meet the standards necessary to be suitable for licensing or to receive a certificate of suitability, as the case may be, throughout the term of the license. (4) Certificate of suitability for significant vendors (A) In general If a qualifying body determines under paragraph (1) that a significant vendor of an applicant is suitable under such paragraph, the qualifying body shall issue a certificate to such vendor that certifies the suitability of such vendor. (B) Revocation of certificate A qualified regulatory authority that issues a certificate to a significant vendor under subparagraph (A) shall revoke the certificate if at any time the significant vendor no longer meets the standards necessary for a determination of suitability. (C) Certificates issued by other qualified regulatory authority A qualified regulatory authority may, but need not, accept a certificate issued to a significant vendor by another qualified regulatory authority as evidence of the suitability of the significant vendor. (5) Other vendors (A) Notice A licensee shall promptly notify the qualified regulatory authority that issued the license to the licensee of all persons that are not significant vendors that— (i) direct, provide, or solicit customers to or for the licensee’s Internet poker facility, or materially assist in any of those tasks, in return for a commission or other fee; (ii) hold themselves out to the public as offering bets or wagers on licensee’s behalf; (iii) offer bets or wagers under their own names or brands but using and relying on licensee’s Internet poker facilities; (iv) license trademarks, trade names, service marks, or other similar intellectual property to the licensee; or (v) own a substantial interest in or control a person described in clause (i), (ii), (iii), or (iv). (B) Suitability of other vendors and persons A qualified regulatory authority that reviews an application of an applicant for a license or issues a license to a licensee may, at the sole discretion of the qualified regulatory authority and on a case-by-case basis, require as a condition of such license that a person meet suitability requirements under paragraph (1) if the person— (i) is described in subparagraph (A) with respect to the applicant or licensee; (ii) provides services to an applicant or licensee and the qualified regulatory authority determines that with respect to such services, there is a substantial risk of circumvention of the suitability requirements applicable to significant vendors; or (iii) is associated with the applicant or licensee or one of the significant vendors of the applicant or licensee and the qualified regulatory authority determines such person may pose a threat to the integrity of Internet poker facilities operated by the applicant or licensee. (C) Information A qualified regulatory authority may require such information from an applicant, licensee, significant vendor or other person identified in this paragraph as the qualified regulatory authority considers necessary to carry out this paragraph. (6) Enforcement actions (A) In general If the Secretary or the qualified regulatory authority that issued a license to a licensee finds that the licensee, or any other person that is subject to a required determination of suitability in connection with such licensee, fails to meet the suitability requirements of this subsection at any time during the tenure of the license, the Secretary or the qualified regulatory authority may take action to protect the public interest, including, if the Secretary or qualified regulatory authority considers necessary, the suspension or termination of the license. (B) Imposition of conditions including removal of parties Notwithstanding a determination under subparagraph (A), the Secretary or the qualified regulatory authority that issued a license to a licensee may allow the licensee to continue engaging in licensed activities by imposing conditions on the person to which subparagraph (A) is applicable under penalty of revocation or suspension of a license or certificate of suitability, including— (i) the identification of any person determined to be unsuitable; and (ii) the establishment of appropriate safeguards to ensure such person is excluded from any management or involvement in operation of the licensed activities. (7) Administrative provisions (A) Background check and investigation Each qualified regulatory authority shall establish standards and procedures for conducting background checks and investigations for purposes of this subsection. (B) Privilege Any written or oral statement made in the course of an official proceeding of the Secretary or a qualified regulatory authority, by any member thereof, or any witness testifying under oath which is relevant to the purpose of the proceeding and relates to the review of an application for a license under this title, is privileged and shall not give rise to liability for defamation or relief in any civil action. (C) Additional privilege Notwithstanding section 552 of title 5, United States Code, or any other Federal, State, or tribal law to the contrary, any communication or document of an applicant, licensee, significant vendor, or affiliate thereof, which is made or transmitted pursuant to this title to the Secretary or a qualified regulatory authority or any of their agents or employees, except information that is already public, shall be privileged and shall not be disclosed by the Secretary or the qualified regulatory authority without the prior written consent of the applicant, licensee, significant vendor, or affiliate thereof (as applicable), or pursuant to a lawful court order, grand jury subpoena, or similar procedure. To the extent practicable, the Secretary or qualified regulatory authority shall provide timely notice of the proceedings to the applicant, licensee, significant vendor, or affiliate thereof (as applicable). (D) Preservation of privilege recognized under other provisions of law Any privilege recognized under any other applicable provision of Federal, State, or tribal law, including attorney-client, physician-patient, and accountant-client privileges, shall not be waived or lost because a document or communication otherwise protected by the privilege is disclosed to the Secretary or a qualified regulatory authority. (E) Confidentiality Any communication or document, except information that is already public, shall be treated as confidential and may not be disclosed, in whole or part, by the Secretary or a qualified regulatory authority without a lawful court order or as otherwise expressly required by law, if the communication or document is— (i) required by the Secretary or qualified regulatory authority to be disclosed by the applicant, licensee, or significant vendor, including applications, financial or earnings information, and criminal records, whether of the applicant or licensee or of any affiliate, employee, officer, director, or significant vendor thereof, or of any other third party; or (ii) prepared or obtained by an agent or employee of the Secretary or qualified regulatory authority that contains information described in clause (i). (d) Additional requirements for a license In order to obtain a license under this section, an Internet poker facility shall demonstrate to the qualified regulatory authority that such facility maintains appropriate safeguards and mechanisms, in accordance with standards established by the qualified regulatory authority, including appropriate safeguards and mechanism to— (1) ensure, to a reasonable degree of certainty, that the individual placing a bet or wager is not less than 21 years of age; (2) ensure, to a reasonable degree of certainty, that the individual placing a bet or wager is physically located in a jurisdiction that has not prohibited such bets or wagers at the time the bet or wager is placed; (3) ensure, to a reasonable degree of certainty, that all taxes relating to Internet poker from persons engaged in bets or wagers relating to such Internet poker are collected or reported, as required by law, at the time of any payment of proceeds of such bets or wagers; (4) ensure that all taxes relating to the operation of an Internet poker facility from any licensee are collected and disbursed as required by law and that adequate records to enable later audit or verification are maintained; (5) prevent, to a reasonable degree of certainty, fraud, money laundering, and terrorist financing; (6) ensure, to a reasonable degree of certainty, compliance with the requirements of section 106; (7) protect, to a reasonable degree of certainty, the privacy and online security of any person engaged in bets or wagers with the licensee’s Internet poker facility; (8) ensure that any user fee required under subsection (e) is paid to the qualified regulatory authority; (9) ensure, to a reasonable degree of certainty, that Internet poker games are fair and honest, and to prevent, to a reasonable degree of certainty, cheating, including collusion, and use of cheating devices, including use of software programs (sometimes referred to as bots ) that make bets or wagers according to algorithms; and (10) such other mechanisms and safeguards as the qualified regulatory authority shall require, including independent testing of hardware, software, communication equipment, and other necessary devices to ensure the integrity, accountability, randomness of play and security of the network. (e) Fees for administrative expenses (1) User fees (A) In general The cost of administering this title with respect to each applicant, licensee, and significant vendor, including the cost of any review or examination of a licensee or its significant vendors to ensure compliance with the terms of the license and this title, shall be assessed by the qualified regulatory authority receiving an application or issuing a license against the applicant, licensee, or significant vendor, as the case may be, by written notice in an amount that the qualified regulatory authority determines is necessary to— (i) meet the qualified regulatory authority's expenses in carrying out such administration, review, or examination; and (ii) to cover the qualified regulatory authority’s share of the amount determined by the Secretary under paragraph (3) to cover the expenses incurred by the Secretary in carrying out the provisions of this title. (B) Expenses for review or examination Expenses that are attributable to review or examination of a particular applicant, licensee, or significant vendor shall be assessed under subparagraph (A) against that applicant, licensee, or significant vendor. (C) Expenses for general administration Expenses for general administration shall be assessed against all licensees equally. (D) Disposition of user fees Amounts assessed by a qualified regulatory authority as user fees under this paragraph shall— (i) be remitted to the Secretary, in the amount of that State’s or federally recognized Indian tribe’s share as determined under paragraph (3) for deposit in the Treasury in accordance with subparagraph (B) of such paragraph; and (ii) (I) be available to the qualified regulatory authority to cover expenses incurred by the qualified regulatory authority in carrying out the provisions of this title; and (II) not be construed to be Government funds or appropriated monies, or subject to apportionment for the purposes of any other provision of law. (E) Collection (i) Referral If a licensee or significant vendor fails to pay a user fee to a qualified regulatory authority under this paragraph after the assessment of the fee has become final— (I) the qualified regulatory authority may recover the amount assessed by action in any State or tribal court in the jurisdiction of the qualified regulatory authority, or in any appropriate United States district court, along with any costs of collection and attorney fees; and (II) such failure may be grounds for denial of an application for a license under this title or revocation of a license or certificate of suitability under this title. (ii) Assessment reviewable In any civil action under clause (i), a court may review the validity and adjust the amount of the user fees. (F) User fees of significant vendors may be paid by applicants and licensees A user fee assessed against a significant vendor may be paid by an applicant or licensee on behalf of the significant vendor. (2) Direct and exclusive obligation of licensee With respect to a licensee, a user fee shall be the direct and exclusive obligation of the licensee and may not be deducted from amounts available as deposits to any person placing a bet or wager with the licensee. (3) User fees established by Secretary (A) In general The Secretary shall determine the funding requirements necessary to meet the Secretary’s cost of administering this title and notify each qualified regulatory authority of its proportional share to be collected by such regulatory authority under paragraph (1)(A). (B) Disposition of user fees Amounts remitted to the Secretary under paragraph (1)(D)(i) shall— (i) be deposited into a separate account in the Treasury to be known as the Internet Poker Oversight Fund ; and (ii) be available to the Secretary in such amounts, subject to appropriations, to cover expenses incurred by the Secretary in carrying out the provisions of this title. (f) Approval of license (1) In general A qualified regulatory authority may issue licenses under this title for the operation of an Internet poker facility to any applicant that— (A) owns or controls a company that operates a casino gaming facility or qualified card room and owned or controlled such facility or card room on the date that is 10 days before the date of enactment of this Act; (B) for the duration of the 5-year period ending on the date on which the applicant submits an application under subsection (b)(1), owned or controlled a casino gaming facility or qualified card room; (C) is owned or controlled by a person who— (i) owns or controls a company that operates a casino gaming facility or qualified card room and owned or controlled such facility or card room on the date that is 10 days before the date of enactment of this Act; or (ii) for the duration of the 5-year period ending on the date on which the applicant submits an application under subsection (b)(1), owned or controlled a casino gaming facility or qualified card room; (D) for the duration of the 5-year period ending on the date on which the applicant submits an application under subsection (b)(1), under license issued by a State or federally recognized Indian tribe manufactured and supplied to casino gaming facilities with not fewer than 500 slot machines; and (E) meets other criteria established by the Secretary or by the qualified regulatory authority under this title. (2) Expansion of licensees only if no risk to public Beginning on the date that is 2 years after the date of first issuance specified in section 115(b), the Secretary may, by rule, authorize the issuance of licenses to applicants other than those described in paragraph (1) if the Secretary determines, after providing the public with notice and an opportunity to comment, that such authorization will not significantly increase the risk that the standards described in subsection (d) will not be satisfied by licensees. (3) Authority of Secretary to revoke licenses Notwithstanding any certificate of suitability or license issued by a qualified regulatory authority, the Secretary may suspend or revoke such certificate or license if the Secretary has reason to believe that the recipient does not meet the suitability requirements established under subsection (c) or, as applicable, any other requirement imposed on a licensee under this title. The Secretary may not overturn a decision by a qualified regulatory authority to deny or to terminate a license or to deny or revoke a certificate of suitability. (4) Conflicts between qualified regulatory authorities If a qualified regulatory authority denies a license, terminates a license, denies a certificate of suitability, or revokes a certificate of suitability to a person and within 12 months of such denial, termination, or revocation another qualified regulatory authority grants such person a license or certificate of suitability, the Secretary shall— (A) commence a review of such license or certificate of suitability; and (B) not later than 90 days after such commencement, determine whether to act under paragraph (3). (5) Control defined In this subsection, the term control means, with respect to a person, the possession, directly or indirectly, of the power to direct or influence the direction of the management or policies of the person, whether through the ownership of voting securities, through a management, executive officer, or board position, by shareholders or similar agreement, or otherwise. (g) Location of remote gaming equipment A licensee shall maintain its remote gaming equipment within the territory of the United States throughout the term of its license. A qualified regulatory authority shall require applicants that seek a license from such qualified regulatory authority to locate that equipment within the territory of the State or on the Indian land of the tribe of the qualified regulatory authority. (h) License is a privilege not a right A decision by a qualified regulatory authority not to grant a person a license or certificate of suitability, or to terminate a license, or revoke a certificate of suitability, is not reviewable under Federal law or the law of any jurisdiction other than the jurisdiction of the qualified regulatory authority. The State or federally recognized Indian tribe of the jurisdiction of the qualified regulatory authority may, but need not, provide an opportunity to appeal. (i) Term, renewal, and transfer of license (1) Term Any license issued under this title shall be issued for a 5-year term beginning on the date of issuance. A license may be renewed in accordance with requirements prescribed by the qualified regulatory authority that issued the license under this title. (2) Transfer A transfer of a license, change of control of a licensee, or change in significant vendor shall require prior approval by the qualified regulatory authority that issued the license. The qualified regulatory authority shall at a minimum ensure the suitability requirements of subsection (c) continue to be satisfied before approving any such transfer or change. (j) Administrative provisions (1) Determination of Internet poker (A) Initial determination by qualified regulatory authority A determination of whether a game, hand, tournament, or other contest of a licensee is Internet poker shall be made in the first instance by the qualified regulatory authority that issued the license to such licensee under this title. (B) Challenges (i) Challenge made with Secretary A licensee or qualified regulatory authority may file a challenge with the Secretary regarding any determination of the qualified regulatory authority under subparagraph (A) that a game, hand, tournament, or other contest of another licensee is Internet poker. (ii) Determination made by Secretary within 30 days If a challenge is made under clause (i), the Secretary shall make a determination of whether the game, hand, tournament, or other contest is Internet poker not later than 30 days after the date on which the challenge is made. (iii) Operation until determination A licensee that offers a game, hand, tournament, or other contest that is challenged under clause (i) may continue to offer such game, hand, tournament, or other contest until the Secretary makes a determination under clause (ii). (C) Appeals Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B)(iii), a licensee or a qualified regulatory authority may appeal such determination to the United States District Court for the District of Columbia. Such court shall set aside the Secretary’s determination if the court determines that the Secretary's determination was— (i) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; or (ii) without observance of procedure required by law. (2) Challenges under State or federally recognized Indian tribal law Except as provided in paragraph (1) and unless otherwise specifically provided in this title, actions taken by a qualified regulatory authority may be challenged by applicants and licensees only as permitted under the law of the State or federally recognized Indian tribe in which the qualified regulatory authority is located. (3) Summons (A) In general The Secretary may issue a summons with respect to an applicant or licensee necessary to carry out the provisions of this title. (B) Production at designated site A summons issued by the Secretary pursuant to this paragraph may require that books, papers, records, or other data stored or maintained at any place be produced at any— (i) business location of a licensee or applicant for a license; (ii) designated location in the State or Indian lands of the applicable qualified regulatory authority; or (iii) designated location in the District of Columbia. (C) No liability for expenses The Secretary shall not be liable for any expense incurred in connection with the production of books, papers, records, or other data under this paragraph. (D) Service of summons Service of a summons issued under this subsection may be by registered mail or in such other manner calculated to give actual notice as determined by the Secretary. (E) Authorization to invoke aid of courts The Secretary may invoke the aid of any court of the United States to compel compliance with the summons within the jurisdiction of which— (i) the investigation which gave rise to the summons or the examination is being or has been carried on; (ii) the person summoned is an inhabitant; or (iii) the person summoned carries on business or may be found. (F) Power of courts to compel appearance The court may issue an order requiring the person summoned to appear before the Secretary— (i) to produce books, papers, records, and other data; (ii) to give testimony as may be necessary to explain how such material was compiled and maintained; (iii) to allow the Secretary to examine the business of a licensee; and (iv) to pay the costs of the proceeding. (G) Contumacy or refusal Any failure to obey the order of the court under this paragraph may be punished by the court as a contempt thereof. All process in any case under this subsection may be served in any judicial district in which such person may be found. 105. Enforcement (a) Disciplinary action (1) In general A licensee may be subject to disciplinary action, including suspension or revocation of its license, by a qualified regulatory authority that issued a license to the licensee or by the Secretary if the licensee fails to comply with any provision of this title, any regulation prescribed thereunder, or any other applicable provision of State or tribal law. (2) Initiating enforcement Only the Secretary or the qualified regulatory authority which granted the license may initiate disciplinary action under this title. (3) Savings provision Nothing in this subsection shall be construed to prohibit a law enforcement authority or regulatory body that has authority over a licensee or an affiliated person, independent from this title, from taking action under the law of that law enforcement authority or regulatory body. (4) Disciplinary procedures (A) In general A qualified regulatory authority shall commence disciplinary action under this subsection against a licensee upon service of a formal written complaint upon the licensee, with a copy forwarded to the Secretary, that sets forth the grounds for the disciplinary action and the proposed penalty that is being sought, which may include any or all of the imposition of a fine as provided pursuant to subsection (m)(1) or limitation, condition, suspension, or revocation of the license. (B) In accordance with law of jurisdiction of qualified regulatory authority The disciplinary process shall proceed according to the law of the jurisdiction of the applicable qualified regulatory authority. (5) Finality of action and appeals (A) Finality Any disciplinary action shall be treated as a final action. (B) Action by qualified regulatory authorities A licensee aggrieved by disciplinary action by a qualified regulatory authority may file an appeal in the jurisdiction where the qualified regulatory authority taking such action is located only to the extent permitted by the law of such jurisdiction. (C) Action by Secretary A licensee aggrieved by disciplinary action by the Secretary may file an appeal in the United States District Court for the District of Columbia. Such court shall set aside the action if it determines that the action was— (i) arbitrary, capricious, an abuse of discretion, or otherwise not consistent with law; or (ii) without observance of procedure required by law. (6) Pending appeal During the period in which a suspension or revocation of an existing license is being challenged through a pending judicial proceeding, the court handling the challenge may allow the licensee to continue offering bets and wagers in full compliance with the terms of its existing license and any other conditions the court considers necessary, if the court determines that— (A) the appellant has a reasonable likelihood of success on the merits; and (B) allowing the appellant to continue offering bets and wagers while the appeal is pending will not threaten the public interest. (7) Return of customer funds If a licensee’s license is revoked and no appeal pursuant to paragraph (5) is pending, the licensee shall— (A) return all customer funds in an orderly manner not later than 30 days after the date of the revocation of the license; or (B) place in escrow those sums return of which to United States customers is not feasible due to change in customer address, bank details, or similar difficulty, in an account with a financial institution in the United States for safekeeping and orderly disposition by the Secretary. (8) Referral to Attorney General If, in the course of carrying out the provisions of this title, the Secretary or a qualified regulatory authority finds a substantial basis to believe that a person has violated section 103, the Secretary or qualified regulatory authority shall refer such matter to the Attorney General. (b) Civil money penalties (1) In general (A) Penalties assessed by qualified regulatory authorities A qualified regulatory authority may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title, a civil penalty of not more than the greater of— (i) the amount involved in the violation, if any; (ii) $250,000 for an individual and $750,000 for a corporation; or (iii) such other amount as provided under the applicable State or tribal law of the qualified regulatory authority. (B) Penalties assessed by Secretary The Secretary may assess upon any licensee or other person subject to the requirements of this title for each violation of this title or any regulation prescribed or order issued under this title, a civil penalty of not more than the greater of— (i) the amount involved in the violation, if any; or (ii) $250,000 for an individual and $750,000 for a corporation. (C) Not cumulative (i) In general The penalties authorized under subparagraphs (A) and (B) shall not be cumulative and only one such penalty may be assessed per violation. (ii) Construction Clause (i) shall not be construed to limit the authority of a qualifying body or the Secretary, as the case may be, to pursue a civil penalty for each violation of a related series of violations. (D) Failure to obtain a license Notwithstanding any other provision of law, the Secretary may assess upon a person that is required to obtain a license under this title, but fails to obtain a license under this title, a civil penalty of not more than the greater of— (i) the amount of bets or wagers taken by the person from players in the United States during the period that a license was needed but not held by the person; or (ii) $1,000,000 per day that the person accepts bets or wagers from players in the United States during the period that a license was needed but not held by the person. (E) Construction Nothing in this paragraph shall be construed to affect the ability of a law enforcement official to seek criminal penalties against a person. (2) Assessment (A) Enforcement by qualified regulatory authorities Qualified regulatory authorities and such other entities as are authorized by applicable State and tribal law shall enforce the provisions of this title under the law of the applicable State or federally recognized Indian tribe, and penalties shall be determined, reviewable, collectable, and disposed of as provided under such law. (B) Enforcement by Secretary (i) Written notice Any penalty imposed under paragraph (1)(B) shall be assessed and collected by the Secretary by written notice. (ii) Finality of assessment If, with respect to any assessment under paragraph (1)(B), a hearing is not requested pursuant to clause (v) within the period of time allowed under such clause, the assessment shall constitute a final agency order. (iii) Authority to modify or remit penalty The Secretary may compromise, modify, or remit any penalty which the Secretary may assess or has already assessed under paragraph (1)(B). (iv) Mitigating factors In determining the amount of any penalty imposed under paragraph (1)(B), the Secretary shall take into account the appropriateness of the penalty with respect to the following: (I) The size of the financial resources and the good faith of the person against whom the penalty is assessed. (II) The gravity of the violation. (III) The history of previous violations. (IV) Such other matters as justice may require. (v) Hearing The person against whom any penalty is assessed under paragraph (1)(B) shall be afforded an agency hearing if such person submits a request for such hearing not later than 20 days after the date of the issuance of the notice of assessment. (vi) Collection (I) Referral If any person fails to pay an assessment after any penalty assessed under this subparagraph has become final, the Secretary shall recover the amount assessed by action in the appropriate United States district court. (II) Scope of review In any civil action under subclause (I), the validity and appropriateness of the penalty shall be subject to review for abuse of agency discretion. (vii) Disbursement All penalties collected under authority of paragraph (1)(B) shall be deposited into the Treasury of the United States. (3) Condition for licensure Payment by a licensee of any civil penalty assessed under this subsection that has become final shall be a requirement for the retention of its license. 106. Compulsive gaming, responsible gaming, and self-exclusion program requirements (a) Regulations required Each qualified regulatory authority shall, before issuing any licenses under this title, establish requirements for the development of a gambling addiction, responsible gaming, and self exclusion program that each licensee of that qualified regulatory authority shall implement as a condition of licensure. Such requirements shall also provide for the establishment of a program to alert the public to the existence, consequences, and availability of the self-exclusion list established under subsection (c). (b) Minimum requirements At a minimum, each qualified regulatory authority shall require that licensees— (1) provide informational materials written in plain language about responsible gaming, including information about the self-exclusion list established under subsection (c) and how a player may request placement on the list, each time a player signs in to make a bet or wager, which materials shall be provided via a prominently displayed hyperlink or comparable mechanism; (2) provide informational materials about responsible gaming to any player that requests such materials; (3) make continuously available individualized responsible gaming options that any customer may choose, including allowing customers to self-limit their deposit, time and bet amounts, as well as self-limit their access to the issuance of credit, check cashing, or direct mail marketing by the licensee, in each case as and to the extent that the qualified regulatory authority may consider appropriate; (4) ensure to a reasonable degree of certainty that persons on the list of self-excluded persons established pursuant to subsection (c) are prevented from initiating any bets or wagers within the scope of this title; (5) ensure that the information required under this subsection is clearly and prominently made available by the licensee in each language in which services of the Internet poker facility of the licensee are offered; and (6) ensure that the qualified regulatory authority adopt any practices that the Secretary recommends to protect consumers, taking into account the National Council on Problem Gambling Internet Responsible Gambling Standards. (c) List of persons self-Excluded (1) Establishment (A) Lists maintained by qualified regulatory authorities Each qualified regulatory authority shall establish and maintain a list of persons self-excluded from playing Internet poker through Internet poker facilities licensed by the qualified regulatory authority. Each week, each qualified regulatory authority shall submit to the Secretary a current copy of the list. (B) Master list maintained by Secretary The Secretary shall establish and maintain a master list of all persons self-excluded from playing Internet poker through Internet poker facilities licensed under this title. Such list shall consist of all persons submitted under subparagraph (A). The Secretary shall make the master list available to all qualified regulatory authorities and licensees. (C) Placement request Any person may request placement on the list of self-excluded persons by— (i) acknowledging in a manner to be established by each qualified regulatory authority with respect to its licensees that the person wishes to be denied gaming privileges within the scope of this title; and (ii) agreeing that, during any period of voluntary exclusion, the person may not collect any winnings or recover any losses resulting from any gaming activity at any Internet poker facility of a licensee. (2) Limitation on liability (A) In general Except as provided in subparagraph (B), the United States, the Secretary, a qualified regulatory authority, the State, or federally recognized Indian tribe in which that qualified regulatory authority is located, an enforcement agent, licensee, or any employee or agent thereof, shall not be liable to any self-excluded person or to any other party in any judicial or administrative proceeding for any harm, monetary or otherwise, which may arise as a result of— (i) any failure to withhold gaming privileges from, or to restore gaming privileges to, a self-excluded person; (ii) otherwise permitting a self-excluded person to engage in gaming activity while on the list of self-excluded persons; or (iii) disclosure of information about individuals placed on the list of self-excluded persons. (B) Licensees A licensee or employee or agent thereof may be liable to a self-excluded person in a judicial or administrative proceeding for a harm described in subparagraph (A) to the extent provided under the law of the State or federally recognized Indian tribe of the qualified regulatory authority that issued the license. (C) Rule of construction Nothing in this paragraph shall be construed to prevent the Secretary or a qualified regulatory authority from assessing a regulatory sanction against a licensee or person for failing to comply with a provision of this section or a regulation prescribed thereunder or for misuse of any list of self-excluded persons for purposes not authorized under this section. (3) Disclosure provisions (A) In general Notwithstanding any other provision of Federal, State, or tribal law, the list of self-excluded persons shall not be open to public inspection. (B) Affiliate disclosure If necessary to effectuate the self-exclusion purposes of this subsection, any licensee may disclose the identities of persons on the self-excluded list to any significant vendor, service provider, or affiliated company to the extent that the significant vendor, service provider, or affiliated company maintains such information under confidentiality provisions comparable to those in this subsection. (d) Gaming by prohibited persons (1) Prohibition on benefitting from prohibited gaming activity A person who is prohibited from gaming with a licensee by law, or by order of the Secretary, a qualified regulatory authority, or any court of competent jurisdiction, including any person on the self-exclusion list under subsection (c), shall not collect, in any manner or proceeding, any winnings or recover any losses arising as a result of any prohibited gaming activity. (2) Forfeiture In addition to any other penalty provided by law, any money or thing of value that has been obtained by, or is owed to, any prohibited person by a licensee as a result of bets or wagers made by a prohibited person after the applicable prohibition has become effective shall be subject to forfeiture by order of the Secretary or a qualified regulatory authority, following notice to the prohibited person and opportunity to be heard. (3) Deposit of forfeited funds Any funds forfeited pursuant to this subsection shall be deposited into the Treasury of the United States, or, in the case of a forfeiture to a qualified regulatory authority, as provided by the applicable State or tribal law. (e) Requirements with respect to Child Support Delinquents (1) In general When it is made known to the Secretary or a qualified regulatory authority by a Federal or State court or a competent qualified regulatory authority involved with the administration or enforcement of a court-ordered child support payment that a particular individual is delinquent with respect to court-ordered child support payments, the Secretary shall include that individual on the list established under subsection (c). (2) Removal from list Individuals placed on the list pursuant to paragraph (1) shall be removed from such list if the court or agency that made such individual's delinquency known to the Secretary notifies the Secretary that such individual is no longer delinquent. (f) Authority To address gambling addiction in SAMHSA Authorities Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa(d) ) is amended— (1) by striking and at the end of paragraph (17); (2) by striking the period at the end of paragraph (18) and inserting ; and ; and (3) by adding at the end the following: (19) establish and implement programs for the identification, prevention, and treatment of pathological and other problem gambling. . (g) Compilation of datasets on player behavior The Secretary shall compile and make available to the public, on the Web site of the Secretary, datasets on player behavior from customer tracking data collected or generated by loyalty programs, player tracking software, online gambling transactions, or any other information system. The Secretary shall ensure that personally identifying information, including player name, street address, and bank or credit information is removed from the data. The data shall retain information on player characteristics including gender, age and region of residence, player behavior including frequency of play, length of play, speed of play, denomination of play, amounts wagered and, if applicable, number of lines or hands played and characteristics of games played. (h) Administrative provisions (1) Rule of construction No provision of this section shall be construed as creating a legal duty in the Secretary, a qualified regulatory authority, a licensee, or any employee or agent thereof to identify or to exclude compulsive players not on the list of self-excluded persons. (2) No cause of action The Secretary, a qualified regulatory authority, a licensee, and any employee or agent thereof, shall not be liable to any person in any proceeding for losses or other damages of any kind arising out of that person's gaming activities based on a claim that the person was a compulsive, problem, or pathological player. 107. Prohibitions and restrictions (a) Prohibition on bets or wagers on games other than Internet poker No provision of this title shall be construed to authorize any licensee to accept a bet or wager on any game, event, or activity that is not Internet poker. (b) Prohibition on the use of credit cards for Internet poker No licensee, no person operating on behalf of a licensee, and no person accepting payment for or settlement of a bet or wager who intends to transmit such payment to a person licensee, may accept a bet or wager or payment for or settlement of a bet or wager that is transmitted or otherwise facilitated with a credit card (as defined in section 5362(11) of title 31, United States Code). (c) Public Internet poker parlors prohibited (1) In general It shall be considered a violation of this title to operate an unlicensed place of public accommodation, club (including a club or association limited to dues-paying members or similar restricted groups), or similar establishment in which computer terminals or similar access devices are made available to be used principally for the purpose of accessing Internet poker facilities. (2) Criminal penalties Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (3) Construction Nothing in this title shall be construed to authorize or otherwise to permit the operation of places of public accommodation, clubs (including clubs or associations limited to dues-paying members or similar restricted groups) and similar establishments that permit access to Internet poker facilities. (4) Relation to State, local, and tribal law Places of public accommodation, clubs, or similar establishments described in paragraph (1) shall be subject to all otherwise applicable State, local, and tribal laws. 108. Safe harbor It shall be an affirmative defense to any prosecution or enforcement action under any provision of Federal, State, or tribal law that the activity forming the basis of such prosecution or enforcement action is authorized under and has been carried out lawfully in accordance with and under the terms of this title. 109. Relation to subchapter IV of chapter 53 of title 31, United States Code Subchapter IV of chapter 53 of title 31, United States Code, shall not apply to any bet or wager occurring pursuant to a license issued under this title, subject to section 110. 110. Cheating and other fraud (a) Cheating and cheating devices prohibited (1) Cheating prohibited No person initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee shall knowingly violate, attempt to violate, or assist another in violating the rules of play established by the licensee for the purpose of obtaining prohibited or unfair advantage in any game authorized under this title. (2) Cheating devices Except as provided in paragraph (3), no person initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee shall knowingly use, possess, or assist another in the use of, an electronic, electrical, or mechanical device or software or other program or tool which is designed, constructed, or programmed specifically for use in obtaining an advantage in any game authorized under this title, where such advantage is prohibited or otherwise violates the rules of play established by the licensee. (3) Permissible uses It shall not be a violation of this subsection for a licensee, its agents, a qualified regulatory authority, or its agent to use or possess a device described in the preceding sentence if— (A) such use or possession is solely for purposes of testing an Internet poker facility; (B) such device is not used in live play involving actual bets or wagers; and (C) such device is registered with the Secretary and the qualified regulatory authority that issued the applicable license. (4) Disclosure to public not required Notwithstanding any other provision of law, a registration under paragraph (3)(C) is not required to be made available to the public. (b) Additional offense (1) In general Except as provided in paragraph (3), no person initiating, receiving, or otherwise making a bet or wager with a licensee, or sending, receiving, or inviting information assisting with a bet or wager with a licensee, shall knowingly use, possess, or assist another in the use of any cheating device with intent to cheat or defraud any licensee or other persons placing bets or wagers with such licensee. (2) Bots A software program that makes bets or wagers according to an algorithm shall constitute a type of cheating device under this subsection. (3) Permissible uses It shall not be a violation of this subsection for a licensee, its agents, a qualified regulatory authority, or its agent to use or posses a device described in paragraph (1) or (2) if— (A) such use or possession is solely for purposes of testing an Internet poker facility; (B) such device is not used in live play involving actual bets or wagers; and (C) such device is registered with the qualified regulatory authority that issued the applicable license. (4) Disclosure to public not required Notwithstanding any other provision of law, a registration under paragraph (3)(C) is not required to be made available to the public. (c) Permanent injunction Upon conviction of a person for violation of this section, the court may enter a permanent injunction enjoining such person from initiating, receiving, or otherwise making bets or wagers or sending, receiving, or inviting information assisting in the placing of bets or wagers. (d) Criminal penalty Whoever violates subsection (a) or (b) shall be fined under title 18, United States Code, or imprisoned for not more than 3 years, or both. (e) Reports (1) Recommended minimum standards Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the recommendations of the Secretary on what minimum standards qualifying bodies should adopt to carry out the requirements of subsection (a). (2) Identification of threats to operation of Internet poker facilities Not later than 1 year after the date that licenses are first issued under section 118(a), the Director of the National Institute of Standards and Technology shall submit to Congress a report that identifies threats to the integrity of Internet poker facilities operated by licensees, including identification of technologies that could be used to hack computer networks, facilitate cheating, or otherwise place consumers at risk of fraud or monetary loss. 111. Construction and relation to other law (a) No impact on existing lawful games (1) In general If bets or wagers on certain games of skill are not regarded as gambling under all provisions of Federal, State, or tribal law in effect as of the date of enactment of this Act— (A) nothing in this title shall be construed to require licensing under this title with respect to such games; and (B) fees paid to participate in such games shall not be regarded as bets or wagers for purposes of this title. (2) Reliance Nothing in this title may be relied on as support for the legality or permissibility of games described in paragraph (1) without compliance with the licensing and other requirements of this title. (b) No effect on existing law Nothing in this section shall be construed to repeal, to amend, or to affect the interpretation of any provision of State, or tribal law that was in effect before the date of enactment of this Act that— (1) prohibits, restricts, or otherwise addresses bets or wagers; or (2) prohibits fraud, unfair or deceptive acts or practices, or other criminal activity. (c) Preemption of State and tribal laws (1) In general Except as otherwise expressly provided in this title and excluding any prohibitions described in section 104(a)(3), the provisions of this title shall supersede any provisions of the law of any State or federally recognized Indian tribe expressly relating to the permitting, prohibiting, licensing, or regulating of Internet poker facilities, including Internet poker facilities, and the law of any State or federally recognized Indian tribe expressly relating to the permitting, prohibiting, licensing, or regulation of gambling, except to the extent such State or tribal laws are not inconsistent with this title. (2) Lotteries No provision of this title shall be construed to have any effect on the rights, privileges, or obligations of a State or tribal lottery as may be provided under other applicable Federal, State, or tribal law. (3) Savings provision Nothing in this title may be construed to limit the applicability or enforcement of any State or tribal consumer protection law or preempt the applicability of State or tribal trespass, contract, or tort law. (d) Relation to Gambling Devices Transportation Act Equipment used by a licensee or significant vendor in the furtherance of licensed activities pursuant to this title (but not to the extent it is used for other purposes) shall not be considered a gambling device within the meaning of section 1 of the Act of January 2, 1951, prohibiting the transportation of gambling devices in interstate and foreign commerce ( 15 U.S.C. 1171 ). (e) No impact on Indian Gaming Regulatory Act (1) In general No provision of this title or decision or action taken by a federally recognized Indian tribe or State pursuant to this title shall have any effect on non-Internet gaming activities within the scope of the Indian Gaming Regulatory Act (25 U.S.C. 2710) or any successor provisions or on any tribal-State compacts or authorities pursuant thereto. (2) Tribal status or category not affected Tribal operation of Internet poker facilities under this title shall not be considered class II or class III gaming under such section, and a federally recognized Indian tribe’s status, category, or class under such section shall not impact its status or ability to offer bets or wagers pursuant to this title. (3) New negotiations not required (A) federally recognized Indian tribes The fact that a federally recognized Indian tribe is operating under a license issued pursuant to this title or that a tribal regulatory body is acting as a qualified body pursuant to this title shall not require a federally recognized Indian tribe to negotiate a new agreement, limitation, or other provision of tribal-State compact, agreement, or other understanding with respect to gaming or revenue-sharing, with regard to any bet or wager occurring pursuant to a license issued under this title. (B) States The fact that a State has prohibited or limited Internet bets or wagers under section 104(a)(3) or that a State regulatory body is acting as a qualified body pursuant to this title shall not require the State to negotiate a new agreement, limitation, or other provision of tribal-State compact, agreement, or other understanding with respect to gaming or revenue-sharing, with regard to any bet or wager occurring pursuant to a license issued under this title. 112. Regulations Not later than 180 days after the date of enactment of this Act, the Secretary shall prescribe such regulations as the Secretary considers necessary and where expressly required or authorized to carry out this title. 113. Annual reports (a) Licensing and regulation of Internet poker facilities Not later than 1 year after the date that licenses first issue under this title and annually thereafter, the Secretary shall transmit to Congress a report on the licensing and regulation of Internet poker facilities under this title, including— (1) the amount of fees collected under section 104(e) and, in cooperation with the Secretary of the Treasury, an estimate of the amount of income tax revenue that is attributable to the operation of Internet poker facilities during the period covered by the report; (2) a list of qualified regulatory authorities, the number of licensees reviewed by the qualified regulatory authorities under this title, and the outcomes of such reviews; (3) a description of the efforts the Secretary has undertaken to ensure that qualified regulatory authorities are properly issuing licenses and regulating licensees under this title; (4) a detailed description of each type of game offered by licensees and how each type is consistent with the definition of poker under section 102; and (5) any other information the Secretary determines may be useful to Congress. (b) Consumer protection Not later than 1 year after the date that licenses first issue under this title and annually thereafter, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on commercial and regulatory practices carried out to protect consumers with respect to Internet poker, including the practices carried out pursuant to the requirements of section 106 and the regulations prescribed pursuant to such section. Such report shall include— (1) a detailed description of the efforts of each qualified regulatory authority to protect consumers from unfair or deceptive acts or practices, including deceptive advertising and marketing to minors; (2) a description of the practices that the Secretary recommends a qualified regulatory authority to adopt to protect consumers; (3) such recommendations as the Secretary may have for legislative action as the Secretary considers necessary to protect consumers with respect to Internet poker; and (4) such other information as the Secretary considers appropriate. 114. Effective date (a) In general Except as otherwise provided in this title, the provisions of this title shall take effect on the date that is 30 days after the date of enactment of this Act. (b) Regulations required before issuing licenses Notwithstanding any other provision of this title, a qualified regulatory authority may not issue a license under this title before the later of— (1) the date on which the Secretary prescribes final regulations under section 113; (2) the date on which the Secretary of the Treasury prescribes final regulations pursuant to subsections (a) and (d) of section 203; and (3) the date on which the Director of the Financial Crimes Enforcement Network submits to the Secretary of the Treasury a list of unlicensed Internet gambling enterprises pursuant to section 5369(a)(1)(B) of title 31, United States Code, as added by section 202(a). II Strengthening of Unlawful Internet Gambling Enforcement Act of 2006 201. Financial transaction providers (a) In general Subchapter IV of chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5368. Liability of financial transaction providers (a) Liability for certain financial activities and transactions A financial transaction provider shall not be held liable for engaging in a financial activity or transaction, including a payments processing activity, in connection with a bet or wager permitted by the Internet Poker Freedom Act of 2013 or the Interstate Horseracing Act of 1978 (15 U.S.C. 3001 et seq.) unless the financial transaction provider has actual knowledge that the financial activity or transaction was conducted in violation of either such Act or any other applicable provision of Federal or State law. (b) No liability for blocking or refusing To honor certain transactions (1) In general A financial transaction provider that takes an action described in paragraph (2) with respect to a transaction shall not be liable to any party for that action if the financial transaction provider takes the action because the originator of the transaction or a party to the transaction is— (A) a person or entity that is included in the list of unlicensed Internet gambling enterprises required by section 5369(a); (B) a person or entity that the financial transaction provider reasonably believes is included in that list; (C) a person or entity that is included in a list of unlicensed Internet gambling enterprises made available to the financial transaction provider by the Secretary under section 5369(a)(3); (D) a person or entity that the financial transaction provider reasonably believes is included in a list described in subparagraph (C); (E) a person or entity that is demonstrated to be an unlicensed Internet gambling enterprise based on information, other than a list described in subparagraph (C), that is made available to the financial transaction provider; or (F) a person or entity that the financial transaction provider reasonably believes is demonstrated to be an unlicensed Internet gambling enterprise based on information described in subparagraph (E). (2) Actions described A financial transaction provider takes an action described in this paragraph if the financial transaction provider— (A) identifies and blocks a transaction; (B) prevents or prohibits the acceptance of its products or service in connection with a transaction or otherwise refuses to honor a transaction; or (C) closes an account or ends a financial relationship. . (b) Clerical amendment The table of sections for chapter 53 of title 31, United States Code, is amended by adding at the end the following: 5368. Liability of financial transaction providers. . (c) Technical correction Section 5362(11)(B)(i) of title 31, United States Code, is amended by striking section 903(6)(E) and inserting section 903(7)(E) . 202. List of unlicensed Internet gambling enterprises (a) In general Subchapter IV of chapter 53 of title 31, United States Code, as amended by section 201(a), is further amended by adding at the end the following: 5369. List of unlicensed Internet gambling enterprises (a) List of unlicensed Internet gambling enterprises (1) In general The Director shall— (A) identify unlicensed Internet gambling enterprises in accordance with the procedures described in subsection (b); (B) not later than 120 days after the date of enactment of the Internet Poker Freedom Act of 2013 , submit to the Secretary a list of unlicensed Internet gambling enterprises that includes the information described in paragraph (2); and (C) not less frequently than every 60 days thereafter, submit to the Secretary an updated list that reflects the results of subsequent investigations carried out under this section. (2) Information required The information described in this paragraph is, with respect to each unlicensed Internet gambling enterprise included on the list required by paragraph (1), the following: (A) All known Internet Web site addresses of the enterprise. (B) The name of any person who controls, finances, manages, supervises, directs, or owns all or part of the enterprise (as such terms are used in section 1955 of title 18). (C) To the extent known, information identifying the financial agents and account numbers of the enterprise and the persons described in subparagraph (B). (3) Distribution of list Not later than 10 days after receiving the list or an updated version of the list required by paragraph (1) from the Director, the Secretary shall— (A) post the information provided under subparagraphs (A) and (B) of paragraph (2) on the Internet Web site of the Department of the Treasury; and (B) provide to each person that is required to comply with the regulations prescribed pursuant to section 5364 a copy of the information included with the list required by paragraph (1) in an electronic format compatible with the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control. (b) Procedures for identifying unlicensed Internet gambling enterprises (1) Investigations (A) Initial investigation Not later than the date that is 60 days after the date of enactment of the Internet Poker Freedom Act of 2013 , the Director shall complete an initial investigation of entities that appear to be unlicensed Internet gambling enterprises. (B) Subsequent investigations After completing the initial investigation required by subparagraph (A), the Director shall regularly investigate entities that appear to be unlicensed Internet gambling enterprises. (2) Requests (A) In general Any Federal, State, tribal, or local law enforcement official, any affected sports organization, any person directly harmed by unlicensed Internet gambling, any financial transaction provider, and any interactive computer service shall have the right, but not the obligation, to make a written request to the Director for the addition of any person to the list of unlicensed Internet gambling enterprises required by subsection (a). (B) Determinations; notice to person that submitted a request Not later than 30 days after receiving a request under subparagraph (A), the Director shall— (i) determine if the request contains information sufficient to constitute a prima facie case that an entity is an unlicensed Internet gambling enterprise; and (ii) notify the person that submitted the request of the determination of the Director. (3) Notice Not later than 30 days before including a person in the list of unlicensed Internet gambling enterprises required by subsection (a), the Director shall provide written notice to the person of the determination of the Director to include the person in the list. (4) Opportunity to contest (A) In general A person that receives notice under paragraph (3) that the Director has determined to include the person in the list of unlicensed Internet gambling enterprises required by subsection (a) may, not later than 30 days after receiving the notice, contest the determination— (i) by submitting a written appeal to the Director; and (ii) by agreeing in the written appeal to submit to the jurisdiction of the United States. (B) Effect of not contesting If a person described in subparagraph (A) does not contest the determination of the Director to include the person in the list of unlicensed Internet gambling enterprises required by subsection (a) in accordance with subparagraph (A), the Director shall include the person in the list. (5) Opportunity for hearing The Director— (A) may not include a person that submits a written appeal pursuant to paragraph (4) in the list of unlicensed Internet gambling enterprises required by subsection (a) until the Director provides the person with an opportunity for a hearing; and (B) shall provide the person the opportunity for a hearing not later than 30 days after receiving the written appeal from the person. (6) Determinations after hearing Not later than 10 days after the date of a hearing provided for a person under paragraph (5) (without regard to whether the person appears at the hearing), the Director shall— (A) determine if the person should be included in the list of unlicensed Internet gambling enterprises required by subsection (a); and (B) if the Director determines that the person should be included in the list, add the person to the list. (7) Injunctive relief (A) In general A person described in subparagraph (B) may petition for injunctive relief in the United States District Court for the District of Columbia, which shall have exclusive jurisdiction to hear cases arising under this section. (B) Person described A person described in this subparagraph is a person that the Director determines to include in the list of unlicensed Internet gambling enterprises required by subsection (a)— (i) after the person appears at a hearing described in paragraph (5); or (ii) that did not receive the notice required by paragraph (3). (C) Burden of proof The petitioner shall have the burden of establishing that the person should not be included in the list of unlicensed Internet gambling enterprises required by subsection (a). (D) Standing Only persons that the Director determines to include in the list of unlicensed Internet gambling enterprises required by subsection (a) and owners or operators of such enterprises shall have standing to contest the determination of the Director. (E) Available relief The court may direct the Director and the Secretary not to add, or to remove, the petitioner from the list of unlicensed Internet gambling enterprises. (F) Unavailability of other remedies There shall be no judicial review of a determination under this section other than pursuant to this paragraph. (c) Effect of list A financial transaction provider shall be deemed to have actual knowledge that a person or entity is an unlicensed Internet gambling enterprise if— (1) the person or entity is included in the list of unlicensed Internet gambling enterprises required by subsection (a); or (2) (A) the person or entity is included in a list of unlicensed Internet gambling enterprises made available to the financial transaction provider by the Secretary under subsection (a)(3); and (B) information in addition to the list described in subparagraph (A) is available to the financial transaction provider that demonstrates that the person or entity is an unlicensed Internet gambling enterprise. (d) Definitions In this section: (1) Director The term Director means the Director of the Financial Crimes Enforcement Network appointed under section 310(b). (2) Sports organization The term sports organization means an amateur sports organization or a professional sports organization (as those terms are defined in section 3701 of title 28). (3) Unlicensed Internet gambling enterprise The term unlicensed Internet gambling enterprise means any person who, on or after the date of enactment of the Internet Poker Freedom Act of 2013 — (A) violates a provision of section 5363; or (B) knowingly assists a person in conduct described in subparagraph (A). . (b) Clerical amendment The table of sections at the beginning of such chapter 53, as amended by section 201(b), is further amended by adding at the end the following: 5369. Unlicensed Internet gambling enterprises. . 203. Regulations (a) Regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall— (1) prescribe regulations to carry out sections 5368 and 5369 of title 31, United States Code, as added by sections 201(a) and 202(a), and publish such regulations in final form in the Federal Register; and (2) prescribe such regulations as the Secretary of the Treasury considers necessary to ensure compliance with chapter 2 of title I of Public Law 91–508 (12 U.S.C. 1951 et seq.) and subchapter II of chapter 53 of title 31, United States Code (commonly known, collectively, as the Bank Secrecy Act ), by licensees, significant vendors to such licensees, and financial service providers to such licensees (as such terms are defined in section 102). (b) Exclusion of Board of Governors of the Federal Reserve System from requirement To prescribe regulations concerning prevention of restricted transactions Subsection (a) of section 5364 of title 31, United States Code, is amended by striking Before the end of the 270-day period beginning on the date of enactment of this subchapter, the Secretary and the Board of Governors of the Federal Reserve System, in consultation with the Attorney General, shall prescribe regulations (which the Secretary and the Board jointly determine to be appropriate) and inserting The Secretary shall prescribe regulations . (c) Temporary suspension of certain regulations (1) In general Subject to paragraph (2), during the period beginning on the date of enactment of this Act and ending on the date set forth in subsection (d), part 233 of title 12, Code of Federal Regulations, and part 132 of title 31, Code of Federal Regulations, shall have no force or effect to the extent that those regulations require or impose any obligation that is inconsistent with the provisions of title I. (2) Previous violation Paragraph (1) shall not apply with respect to any violation of a regulation described in such paragraph that occurred before the date of enactment of this Act. (d) Revision of regulations Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall revise part 233 of title 12, Code of Federal Regulations, and part 132 of title 31, Code of Federal Regulations, to conform with the provisions of title I. (e) Annual report Not later than 1 year after the date on which the Secretary of the Treasury prescribes regulations under this section, and annually thereafter, the Secretary shall submit to Congress a report on the list required by section 5369(a) of title 31, United States Code, as added by section 202(a), including the following: (1) The size of the list. (2) The number of persons and Web sites added to and removed from the list. (3) The number and description of challenges to inclusion on the list and a description of how such challenges were resolved. 204. Conforming amendments (a) Duties and powers of the Director of the Financial Crimes Enforcement Network Section 310(b)(2)(I) of title 31, United States Code, is amended by striking subchapter II and inserting subchapters II and IV . (b) Exclusion of licensed Internet poker facility operations from definition of unlawful Internet gambling enterprise Section 5362(10) of such title is amended— (1) in subparagraph (D), by striking clause (iii); (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D) the following: (E) Licensed Internet poker facilities The term unlawful Internet gambling does not include an activity carried out by an Internet poker facility, as such term is defined in section 102 of the Internet Poker Freedom Act of 2013 , operated by a person under a license provided under title I of such Act in accordance with the provisions of such title. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2666ih/xml/BILLS-113hr2666ih.xml |
113-hr-2667 | I 113th CONGRESS 1st Session H. R. 2667 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Griffin of Arkansas (for himself, Mr. Young of Indiana , Mr. Boustany , Mr. Brady of Texas , Mrs. Black , Mr. Camp , Mr. Tiberi , Mr. Roskam , Mr. Kelly of Pennsylvania , Mr. Gerlach , Mr. Nunes , Mr. Sam Johnson of Texas , Mr. Smith of Nebraska , Mr. Buchanan , Mr. Price of Georgia , Mr. Reichert , Mr. Renacci , Ms. Jenkins , Mr. Schock , Mr. Ryan of Wisconsin , Mr. Reed , Mr. Marchant , Mr. Paulsen , and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To delay the application of the employer health insurance mandate, and for other purposes.
1. Short title This Act may be cited as the Authority for Mandate Delay Act . 2. Delay in application of employer health insurance mandate (a) In general Section 1513(d) of the Patient Protection and Affordable Care Act is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Reporting requirements (1) Reporting by employers Section 1514(d) of the Patient Protection and Affordable Care Act is amended by striking December 31, 2013 and inserting December 31, 2014 . (2) Reporting by insurance providers Section 1502(e) of the Patient Protection and Affordable Care Act is amended by striking 2013 and inserting 2014 . (c) Effective date The amendments made by this section shall take effect as if included in the provision of the Patient Protection and Affordable Care Act to which they relate. | https://www.govinfo.gov/content/pkg/BILLS-113hr2667ih/xml/BILLS-113hr2667ih.xml |
113-hr-2668 | mayaI 113th CONGRESS 1st Session H. R. 2668 IN THE HOUSE OF REPRESENTATIVES AN ACT To delay the application of the individual health insurance mandate, to delay the application of the employer health insurance mandate, and for other purposes.
1. Table of Contents The table of contents for this Act is as follows: Sec. 1. Table of Contents. Title I—Fairness for American Families Act Sec. 101. Short title. Sec. 102. Delay in application of individual health insurance mandate. Title II—Authority for Mandate Delay Act Sec. 201. Short title. Sec. 202. Delay in application of employer health insurance mandate. I Fairness for American Families Act 101. Short title This title may be cited as the Fairness for American Families Act . 102. Delay in application of individual health insurance mandate (a) In general Section 5000A(a) of the Internal Revenue Code of 1986 is amended by striking 2013 and inserting 2014 . (b) Conforming amendments (1) Section 5000A(c)(2)(B) of the Internal Revenue Code of 1986 is amended— (A) by striking 2014 in clause (i) and inserting 2015 , and (B) by striking 2015 in clauses (ii) and (iii) and inserting 2016 . (2) Section 5000A(c)(3)(B) of such Code is amended— (A) by striking 2014 and inserting 2015 , and (B) by striking 2015 (prior to amendment by subparagraph (A)) and inserting 2016 . (3) Section 5000A(c)(3)(D) of such Code is amended— (A) by striking 2016 and inserting 2017 , and (B) by striking 2015 and inserting 2016 . (4) Section 5000A(e)(1)(D) of such Code is amended— (A) by striking 2014 and inserting 2015 , and (B) by striking 2013 and inserting 2014 . (c) Effective date The amendments made by this section shall take effect as if included in section 1501 of the Patient Protection and Affordable Care Act. II Authority for Mandate Delay Act 201. Short title This title may be cited as the Authority for Mandate Delay Act . 202. Delay in application of employer health insurance mandate (a) In general Section 1513(d) of the Patient Protection and Affordable Care Act is amended by striking December 31, 2013 and inserting December 31, 2014 . (b) Reporting requirements (1) Reporting by employers Section 1514(d) of the Patient Protection and Affordable Care Act is amended by striking December 31, 2013 and inserting December 31, 2014 . (2) Reporting by insurance providers Section 1502(e) of the Patient Protection and Affordable Care Act is amended by striking 2013 and inserting 2014 . (c) Effective date The amendments made by this section shall take effect as if included in the provision of the Patient Protection and Affordable Care Act to which they relate.
Passed the House of Representatives July 17, 2013. Karen L. Haas, Clerk. | https://www.govinfo.gov/content/pkg/BILLS-113hr2668eh/xml/BILLS-113hr2668eh.xml |
113-hr-2669 | I 113th CONGRESS 1st Session H. R. 2669 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Cárdenas (for himself, Mr. Scott of Virginia , Ms. Bass , Mr. Vargas , Mr. McNerney , Mr. Rush , Ms. Hahn , Ms. Michelle Lujan Grisham of New Mexico , Mr. Garcia , Mr. Gutiérrez , Mr. Ben Ray Luján of New Mexico , Mrs. Napolitano , Mr. Castro of Texas , Ms. Jackson Lee , Mr. Cummings , Mr. Rangel , Mr. Hinojosa , Mr. Nolan , Mr. Lowenthal , Mr. Serrano , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide definitions of terms and services related to community-based gang intervention to ensure that funding for such intervention is utilized in a cost-effective manner and that community-based agencies are held accountable for providing holistic, integrated intervention services, and for other purposes.
1. Short title This Act may be cited as the Community-Based Gang Intervention Act . 2. Findings; sense of Congress (a) Findings The Congress finds as follows: (1) For the first time in the history of the United States, more than one in every 100 adults is incarcerated. (2) The United States incarcerates more people than any other country in the world, with more than 2,200,000 people behind bars and another 5,000,000 people on probation or parole. (3) The United States has only 5 percent of the world’s population, but 25 percent of the world’s prisoners. (4) In 2007, the Federal Government spent $19,617,000,000 on police protection, corrections, and judicial and legal services, representing a 286 percent increase since 1982. This included a 475 percent increase for corrections and a 287 percent increase for police protection. (5) The growing prison system is also impacting State budgets, with total State spending on incarceration topping $53,000,000,000 in 2012, up from $10,000,000,000 in 1987. (6) With increased prison costs, vital social programs and services such as education, job creation, housing, and healthcare are being cut or eliminated to maintain the prison industry. (7) Between 1987 and 2007, the amount States spent on corrections increased 127 percent, while the increase in higher education spending was only 21 percent. (8) Over the past 10 years, the State of California’s general fund expenditures for higher education have fallen 9 percent, while general fund expenditures for corrections and rehabilitation have increased 26 percent. (9) The State of California has the second largest prison population in the nation with 165,062 prisoners under the jurisdiction of State or Federal correctional authorities in 2010. (10) According to one study, there are now 6 times as many gangs and at least twice the number of gang members in Los Angeles since the start of the 30 year war on gangs . (11) The City and County of Los Angeles have been dubbed the gang capital of the Nation with an estimated 463 gangs and 38,974 gang members in the City, and more than 1,300 gangs and 150,000 gang members in the County. (12) According to the Office of Juvenile Justice and Delinquency Prevention, allowing 1 youth to leave school for a life of crime and drug abuse costs society between $1,700,000 and $2,300,000. (13) In the State of California, the average annual cost per inmate is $47,421 for an adult inmate, and $218,000 for a youth inmate. (14) The most recent data on overall State spending on juvenile justice programs reveals that in 1998, States spent nearly $4,200,000,000 on juvenile justice related programs, which was a 65 percent increase from fiscal year 1994. Of those expenditures, 67 percent went towards residential placements, while only 8.4 percent went towards delinquency prevention. (15) Gang and youth violence substantially decreases when governments address the root causes of gang violence and adequately fund community-based programs and practices. (16) Studies continue to prove that community-based gang intervention provides long-lasting, cost-effective results and opportunities for the youth and families most susceptible to gang violence. (b) Sense of Congress It is the sense of Congress that, in developing a comprehensive violence reduction strategy, the United States should acknowledge and address larger, entrenched social conditions and issues such as poverty, homelessness, inadequate educational systems, and limited economic opportunities that give rise to gangs and gang violence. I COMMUNITY-BASED GANG INTERVENTION AGENCIES 101. Community-based gang intervention agencies The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end the following new title: VI COMMUNITY-BASED GANG INTERVENTION GRANTS 601. Purpose The purpose of this title is to offer holistic and comprehensive support for the variety of community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including— (1) the regional level, to promote and coordinate peace truces and cease-fires between groups; (2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and (3) the neighborhood and street level, including with active gang members individually. 602. Support of community-based gang intervention agencies (a) Support of community-Based gang intervention agencies Subject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). (b) Eligible entity For the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a proven track record and expertise in providing community-based gang intervention activities through a community-based gang intervention model. (c) Grant activities Each entity awarded a grant under this section shall carry out the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence internally between gang members and between rival gangs. (2) Develop local and regional truces by creating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate constant dialogue and maintenance between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety experienced by gang members to decompress critical situations due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan, including training protocols, situational scene scenarios, and emergency response. (8) Make a reasonable effort to prevent gang-related rumors from intensifying tension between gangs or igniting violent responses by gangs. (9) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (10) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (11) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (12) Work with schools to respond to gang-related issues and crises both in and outside of school. (13) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (14) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; and (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (15) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; and (C) financial literacy. (16) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. (d) Availability of victims assistance An entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or past record. 603. Definitions In this title: (1) Community Notwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe. (2) Community-based gang intervention agency The term community-based gang intervention agency means a community-based organization, association, or other entity that— (A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and (B) has a history of, or experience or specific training in, effectively working with gang-involved youth and their families. (3) Community-based gang intervention model The term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that utilizes the two-prong approach of community based intervention and an integrated approach of providing rehabilitative service delivery to gang-involved youth that— (A) deploys specialists in community-based gang intervention who are trained to utilize the two-prong approach of community-based gang intervention and who intercede, interact, and participate with and in the community to quell rumors, prevent and mediate conflicts, and respond to crises related to gang activity and violence; (B) delivers rehabilitative services to gang-involved individuals and families; and (C) addresses the barriers that gang-involved youth and their families encounter and the societal factors that promote gang violence. (4) Evidence-based The term evidence-based , when used with respect to a practice relating to gang activity prevention and intervention (including community-based gang intervention), means a practice (including a service, program, or strategy) that has statistically significant outcomes that include a reduction in gang-related violence and an increased number of youth in job development, recreation, arts-based activities, or faith-based activities. Such outcomes may be determined by— (A) an experimental trial, in which participants are randomly assigned to participate in the practice that is the subject of the trial; or (B) a quasi-experimental trial, in which the outcomes for participants are compared with outcomes for a control group that is made up of individuals who are similar to such participants. (5) Gang The term gang means a group of individuals— (A) organized by geography, culture, or activity; (B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and (C) who engage in the use of violence to defend the members or territory of the group. (6) Promising The term promising , when used with respect to a practice relating to community-based gang intervention, means a practice that is not evidence-based, but— (A) that has outcomes from an evaluation that demonstrate that such practice reduces gang-related violence and crime; or (B) about which a study is being conducted to determine if such practice is evidence-based. (7) Youth The term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger. . II AMENDMENTS TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION 201. Definition of community-based gang intervention Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5603 ) is amended— (1) in paragraph (1), by inserting except when used in title VI, before the term ; (2) in paragraph (28), by striking and after the semicolon; (3) in paragraph (29), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new paragraph: (30) Community-based gang intervention Except when used as part of the term community-based gang intervention agency or community-based gang intervention model , the term community-based gang intervention means a two-prong approach to reducing gang violence that— (A) provides specialized, gang-specific mediation and mitigation to stop or prevent violence by, within, and between gangs; and (B) provides the redirection of individual gang members and their families through proactive efforts that increase peace and safety for gang members, their families, and their communities. . 202. Community-based gang intervention representative to State advisory boards Section 223(a)(3)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5633(a)(3)(ii) ) is amended— (1) in subclause (III), by inserting , community-based gang intervention, after delinquency prevention and treatment ; and (2) in subclause (IV), by inserting community-based gang intervention, after prevention and treatment, . 203. Grants for delinquency prevention programs Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5783 ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and (B) by inserting after paragraph (6) the following new paragraph: (7) community-based gang intervention and gang prevention activities; . (2) in subsection (c)(2), by inserting and community-based gang intervention before activities; . | https://www.govinfo.gov/content/pkg/BILLS-113hr2669ih/xml/BILLS-113hr2669ih.xml |
113-hr-2670 | I 113th CONGRESS 1st Session H. R. 2670 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Cartwright (for himself, Mr. Grayson , Mr. Brady of Pennsylvania , Mr. Fattah , Mr. Sires , Mr. Enyart , Mr. Yarmuth , Mr. O’Rourke , Ms. Loretta Sanchez of California , Mr. Andrews , Mr. Clyburn , Mr. Vargas , Mr. Ellison , Mr. DeFazio , Mr. Cohen , Mr. Cicilline , Mr. Engel , Mr. Grijalva , Mr. Tonko , Mr. Gene Green of Texas , and Ms. Linda T. Sánchez of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Election Campaign Act of 1971 to require corporations and labor organizations to disclose to their shareholders or members the amounts disbursed for certain political activity, and for other purposes.
1. Short title This Act may be cited as the Openness in Political Expenditures Now Act or the OPEN Act . 2. Disclosure by corporations and labor organizations to shareholders and members of disbursements for political activity (a) Disclosure required Title III of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) is amended by adding at the end the following new section: 325. Disclosures by Corporations and Labor Organizations to Shareholders and Members of Information on Disbursements for Certain Political Activity (a) Including information in regular periodic reports (1) In general A corporation which submits regular, periodic reports to its shareholders and a labor organization which submits regular, periodic reports to its members shall include in each such report, in a clear and conspicuous manner, the information described in paragraph (2) with respect to the disbursements made by the corporation or labor organization for covered political activity during the period covered by the report, but only if the amount of the disbursement made for such activity during the period covered by the report equals or exceeds the applicable threshold for the activity described in paragraph (3). (2) Information described The information described in this paragraph is, for each disbursement for covered political activity— (A) the date of the disbursement; (B) the amount of the disbursement; (C) in the case of a disbursement consisting of an independent expenditure or an electioneering communication, or in the case of a covered political activity described in subsection (c)(3), the name of the candidate identified in the independent expenditure or electioneering communication involved, the Commission ID assigned to the candidate, and the office sought by the candidate; and (D) in the case of a covered political activity described in subsection (c)(4), the identification of the association or organization to whom the disbursement was made, and the Commission ID (if any) assigned to the association or organization. (3) Applicable threshold for disclosure For purposes of paragraph (1), the applicable threshold with respect to a disbursement for covered political activity during a period covered by a report is as follows: (A) In the case of covered political activity consisting of an independent expenditure, $250. (B) In the case of covered political activity consisting of an electioneering communication or a communication described in subsection (c)(3), $10,000. (C) In the case of covered political activity consisting of a payment described in subsection (c)(4), the amount of the limitation on contributions which is in effect under section 315(a)(1)(C) as of the last day of the period. (b) Submission of Statement to Commission (1) Submission of statement If a corporation or labor organization includes information in a report pursuant to this section, at the time the corporation or labor organization submits the report to its shareholders or members, the corporation or labor organization shall file a statement with the Commission consisting of the information included in the report pursuant to this section. (2) Hyperlink to information (A) Requiring posting of hyperlink If a corporation or labor organization maintains an Internet site, the corporation or labor organization shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the statement filed by the corporation or labor organization under paragraph (1). (B) Deadline; duration of posting The corporation or labor organization shall post the hyperlink described in subparagraph (A) not later than 24 hours after the Commission posts the statement filed by the corporation or labor organization under paragraph (1) on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the corporation or labor organization until the expiration of the 1-year period which begins on the date of the election with respect to which the disbursements included in the statement are made. (c) Covered Political Activity Defined In this section, the term covered political activity means each of the following: (1) An independent expenditure (as defined in section 301(17)). (2) An electioneering communication (as defined in section 304(f)(3)). (3) A communication which would be treated as an electioneering communication under section 304(f)(3) if the communication had been a broadcast, cable, or satellite communication. (4) The payment of dues or other amounts to a trade association or to a section 501(c)(4) organization. (d) Other Definitions In this section, the following definitions apply: (1) The term corporation means any corporation which is subject to section 316(a). (2) The term labor organization has the meaning given such term in section 316. (3) The term section 501(c)(4) organization means any organization described in paragraph (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. . (b) Effective date The amendment made by subsection (a) shall apply with respect to reports described in section 325(a)(1) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) which are filed after the expiration of the 90-day period which begins on the date of the enactment of this Act. 3. Limitation on engaging in covered political activities by social welfare organizations (a) In general Section 501(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (C) (i) Subparagraph (A) shall not apply to an entity for a taxable year if the total expenditures of such entity for the taxable year for covered political activity exceed the lesser of— (I) 10 percent of the total expenditures of such entity for the taxable year, or (II) $10,000,000. (ii) Subparagraph (A) shall not apply to an entity for a taxable year unless its governing instrument includes provisions the effects of which are to prohibit the expenditures of the entity for a covered political activity from exceeding the threshold specified in clause (i). (iii) For purposes of this subparagraph, the term covered political activity means— (I) any activity described in paragraphs (1) through (3) of section 325(c) of the Federal Election Campaign Act of 1971; and (II) any payment by the entity to any other entity described in this paragraph or to an organization described in paragraph (6) which the payor entity knows, or has reason to know, will be used directly or indirectly by the payee entity or organization for any activity referred to in subclause (I). (iv) Clause (i) shall not apply for a taxable year for which the 10 percent threshold specified in clause (i)(I) is exceeded by not more than a de minimis amount if the Secretary determines that the reason for exceeding the threshold was not willful and is due to reasonable cause. (v) The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of clause (i), including regulations relating to a direct or indirect transfer of all or part of the assets of an entity to an entity controlled (directly or indirectly) by the same person or persons who control the transferor entity. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. 4. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-113hr2670ih/xml/BILLS-113hr2670ih.xml |
113-hr-2671 | I 113th CONGRESS 1st Session H. R. 2671 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Nunes (for himself, Mr. Kind , Mr. Cole , Mr. Lucas , Mr. Marchant , Mr. Denham , Mr. Poe of Texas , Mr. Peterson , Ms. Jenkins , Mr. Valadao , Mr. Cramer , Mr. McIntyre , Mr. Crawford , Mr. LaMalfa , Mr. Lankford , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the deductibility of charitable contributions to agricultural research organizations, and for other purposes.
1. Short title This Act may be cited as the Charitable Agricultural Research Act . 2. Deductibility of charitable contributions to agricultural research organizations (a) In general Section 170(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (vii), by adding or at the end of clause (viii), and by inserting after clause (viii) the following new clause: (ix) an agricultural research organization directly engaged in the continuous active conduct of agricultural research (as defined in section 1404 of the Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )) in conjunction with a land-grant college or university (as defined in such section) or a non-land-grant college of agriculture (as defined in such section), and during the calendar year in which the contribution is made such organization is committed to spend such contribution for such research before January 1 of the fifth calendar year which begins after the date such contribution is made, . (b) Expenditures To influence legislation Section 501(h)(4) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following new subparagraph: (E) section 170(b)(1)(A)(ix) (relating to agricultural research organizations), . (c) Effective date The amendments made by this section shall apply to contributions made on and after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2671ih/xml/BILLS-113hr2671ih.xml |
113-hr-2672 | I 113th CONGRESS 1st Session H. R. 2672 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Barr introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to provide for an application process for interested parties to apply for a county to be designated as a rural area, and for other purposes.
1. Short title This Act may be cited as the CFPB Rural Designation Petition and Correction Act . 2. Designation of county as a rural area Section 1022 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5512 ) is amended by adding at the end the following new subsection: (e) Designation of county as a rural area (1) Application Not later than 90 days after the date of the enactment of this subsection, the Bureau shall establish an application process under which a person who lives or does business in a State may, with respect to a county in such State that has not been designated by the Bureau as a rural area for purposes of a Federal consumer financial law, apply for such county to be so designated. (2) Evaluation criteria When evaluating an application submitted under paragraph (1), the Bureau shall take into consideration the following factors: (A) Criteria used by the Director of the Bureau of the Census for classifying geographical areas as rural or urban. (B) Criteria used by the Director of the Office of Management and Budget to designate counties as metropolitan or micropolitan or neither. (C) Criteria used by the Secretary of Agriculture to determine property eligibility for rural development programs. (D) The Department of Agriculture rural-urban commuting area codes. (E) A written opinion provided by the State’s banking regulator. (F) Population density. (3) Public comment period (A) In general Not later than 60 days after receiving an application submitted under paragraph (1), the Bureau shall— (i) publish such application in the Federal Register; and (ii) make such application available for public comment for not fewer than 90 days. (B) Limitation on additional applications Nothing in this subsection shall be construed to require the Bureau, during the public comment period with respect to an application submitted under paragraph (1), to accept an additional application with respect to the county that is the subject of the initial application. (4) Information required to be published The Bureau shall enter each application submitted under paragraph (1) in a sortable, downloadable database that is publicly accessible through the Web site of the Bureau. (5) Decision on designation Not later than 90 days after the end of the public comment period under paragraph (3)(A) for an application, the Bureau shall— (A) grant or deny such application; and (B) publish such grant or denial in the Federal Register, along with an explanation of what factors the Bureau relied on in making such determination. (6) Subsequent applications A decision by the Bureau under paragraph (5) to deny an application for a county to be designated as a rural area shall not preclude the Bureau from accepting a subsequent application submitted under paragraph (1) for such county to be so designated, so long as such subsequent application is made after the end of the 90-day period beginning on the date that the Bureau denies the application under paragraph (5). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2672ih/xml/BILLS-113hr2672ih.xml |
113-hr-2673 | I 113th CONGRESS 1st Session H. R. 2673 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Barr introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to provide that residential mortgage loans held on portfolio qualify as qualified mortgages for purposes of the presumption of the ability to repay requirements under such Act.
1. Short title This Act may be cited as the Portfolio Lending and Mortgage Access Act . 2. Loans held on portfolio treated as qualified mortgages Section 129C(b)(2) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(2) ) is amended by adding at the end the following: (F) Loans held on portfolio The term qualified mortgage includes a residential mortgage loan made by a creditor so long as such loan appears on the balance sheet of such creditor. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2673ih/xml/BILLS-113hr2673ih.xml |
113-hr-2674 | I 113th CONGRESS 1st Session H. R. 2674 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Buchanan introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary , Natural Resources , Education and the Workforce , Transportation and Infrastructure , Energy and Commerce , Small Business , and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To encourage job creation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Job Creation Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Trade Sec. 101. Sense of Congress regarding expanding trading markets. Sec. 102. Sense of Congress regarding China’s intellectual property rights violations. Title II—Tax reform Sec. 201. Sense of Congress regarding tax reform. Title III—Balanced budget amendment Sec. 301. Sense of Congress regarding a balanced budget amendment. Title IV—Energy Sec. 401. Short title. Sec. 402. Definitions. Sec. 403. Leasing program for lands within the Coastal Plain. Sec. 404. Lease sales. Sec. 405. Grant of leases by the Secretary. Sec. 406. Lease terms and conditions. Sec. 407. Coastal Plain environmental protection. Sec. 408. Expedited judicial review. Sec. 409. Federal and State distribution of revenues. Sec. 410. Rights-of-way across the Coastal Plain. Sec. 411. Conveyance. Sec. 412. Local government impact aid and community service assistance. Sec. 413. ANWR Alternative Energy Trust Fund. Title V—Northern Route Approval Act Sec. 501. Short title. Sec. 502. Findings. Sec. 503. Keystone XL permit approval. Sec. 504. Judicial review. Sec. 505. American burying beetle. Sec. 506. Right-of-way and temporary use permit. Sec. 507. Permits for activities in navigable waters. Sec. 508. Migratory Bird Treaty Act permit. Sec. 509. Oil spill response plan disclosure. Title VI—Repeal of employer health insurance mandate Sec. 601. Repeal of employer health insurance mandate. Title VII—Secret Ballot Protection Act Sec. 701. Short title. Sec. 702. Findings. Sec. 703. National Labor Relations Act. Sec. 704. Regulations. Title VIII—Federal Rules of Civil Procedure improvements Sec. 801. Attorney accountability. Sec. 802. Applicability of Rule 11 to State cases affecting interstate commerce. Sec. 803. Prevention of forum-shopping. Sec. 804. Rule of construction. Sec. 805. Three-strikes rule for suspending attorneys who commit multiple Rule 11 violations. Sec. 806. Presumption of Rule 11 violation for repeatedly relitigating same issue. Sec. 807. Enhanced sanctions for document destruction in pending Federal court proceedings. Sec. 808. Ban on concealment of unlawful conduct. Title IX—Regulatory Flexibility Improvements Act of 2013 Sec. 901. Short title. Sec. 902. Clarification and expansion of rules covered by the Regulatory Flexibility Act. Sec. 903. Requirements providing for more detailed analyses. Sec. 904. Repeal of waiver and delay authority; additional powers of the Chief Counsel for Advocacy. Sec. 905. Procedures for gathering comments. Sec. 906. Periodic review of rules. Sec. 907. Judicial review of compliance with the requirements of the Regulatory Flexibility Act available after publication of the final rule. Sec. 908. Jurisdiction of court of appeals over rules implementing the Regulatory Flexibility Act. Sec. 909. Clerical amendments. I Trade 101. Sense of Congress regarding expanding trading markets (a) Findings Congress finds the following: (1) Ninety-five percent of the world’s consumers live outside the United States. (2) It is imperative to the United States economy that United States businesses sell their goods and services outside the United States. (b) Sense of Congress It is the sense of Congress that— (1) Congress should continue to work with the Administration to expand trading markets; and (2) the future growth of the United States economy requires this pro-growth strategy. 102. Sense of Congress regarding China’s intellectual property rights violations (a) Findings Congress finds the following: (1) United States copyright industries suffer severe losses due to piracy in China. (2) Counterfeiting remains pervasive in many retail and wholesale markets in China. (3) China also maintains market access barriers, which delay entry into China for legitimate products and, thus, create commercial opportunities for infringing products. (4) According to a report by the United States International Trade Commission, Chinese piracy and counterfeiting of United States software and a wide range of other intellectual property cost American businesses an estimated $48 billion in 2009. (5) The report also concluded that 2.1 million jobs could be created in the United States if China complied with its current international obligations to protect and enforce intellectual property rights. (6) The most direct jobs impact would come in high-tech and other innovative industries. (b) Sense of Congress It is the sense of Congress that China’s intellectual property rights violations are a problem for our economy. II Tax reform 201. Sense of Congress regarding tax reform (a) Findings Congress finds the following: (1) The Federal tax code is long, complex, antiquated, and stifling growth in our economy. (2) Comprehensive reform of the Federal tax code is needed to get Americans working again and our economy back on track. (3) Independent economists estimate that, when coupled with reduced Federal spending, comprehensive tax reform could lead to the creation of 1 million jobs in the first year alone. (4) The Internal Revenue Service reports that the average person spends more than 13 hours to fill out the tax forms. (5) A USA Today editorial lampooned the complexity by noting that the instruction booklet for Apple’s Ipad is one page, while the instruction booklet for this year’s IRS 1040 long form is 172 pages. (6) The Federal tax system needs to be reformed in order for the United States to once again be competitive in the international market. (7) The United States has the highest corporate tax rate in the industrialized world. (8) In 1960, 17 companies headquartered in the United States comprised 17 of the world’s largest 20 companies—that’s 85 percent. By 2010, just 6 companies headquartered in the United States—or a mere 30 percent—were ranked among the top 20. (b) Sense of Congress It is the sense of Congress that reforming the Federal tax code will benefit American taxpayers and our economy. III Balanced budget amendment 301. Sense of Congress regarding a balanced budget amendment (a) Findings The Congress finds that a balanced budget amendment would put the United States on a path to solvency and help bring stability to the economy. (b) Sense of Congress It is the sense of Congress that Congress needs to pass a balanced budget amendment to the United States Constitution and send it to the States for ratification. IV Energy 401. Short title This title may be cited as the American Energy Independence and Price Reduction Act . 402. Definitions In this title: (1) Coastal plain The term Coastal Plain means that area described in appendix I to part 37 of title 50, Code of Federal Regulations. (2) Secretary The term Secretary , except as otherwise provided, means the Secretary of the Interior or the Secretary’s designee. 403. Leasing program for lands within the Coastal Plain (a) In General The Secretary shall take such actions as are necessary— (1) to establish and implement, in accordance with this title and acting through the Director of the Bureau of Land Management in consultation with the Director of the United States Fish and Wildlife Service, a competitive oil and gas leasing program that will result in an environmentally sound program for the exploration, development, and production of the oil and gas resources of the Coastal Plain; and (2) to administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, subsistence resources, and the environment, including, in furtherance of this goal, by requiring the application of the best commercially available technology for oil and gas exploration, development, and production to all exploration, development, and production operations under this Act in a manner that ensures the receipt of fair market value by the public for the mineral resources to be leased. (b) Repeal (1) Repeal Section 1003 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3143) is repealed. (2) Conforming amendment The table of contents in section 1 of such Act is amended by striking the item relating to section 1003. (c) Compliance With Requirements Under Certain Other Laws (1) Compatibility For purposes of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the oil and gas leasing program and activities authorized by this section in the Coastal Plain are deemed to be compatible with the purposes for which the Arctic National Wildlife Refuge was established, and no further findings or decisions are required to implement this determination. (2) Adequacy of the department of the interior’s legislative environmental impact statement The Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain prepared pursuant to section 1002 of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 3142) and section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is deemed to satisfy the requirements under the National Environmental Policy Act of 1969 that apply with respect to prelease activities, including actions authorized to be taken by the Secretary to develop and promulgate the regulations for the establishment of a leasing program authorized by this title before the conduct of the first lease sale. (3) Compliance with nepa for other actions Before conducting the first lease sale under this title, the Secretary shall prepare an environmental impact statement under the National Environmental Policy Act of 1969 with respect to the actions authorized by this title that are not referred to in paragraph (2). Notwithstanding any other law, the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such courses of action. The Secretary shall only identify a preferred action for such leasing and a single leasing alternative, and analyze the environmental effects and potential mitigation measures for those two alternatives. The identification of the preferred action and related analysis for the first lease sale under this title shall be completed within 18 months after the date of enactment of this Act. The Secretary shall only consider public comments that specifically address the Secretary’s preferred action and that are filed within 20 days after publication of an environmental analysis. Notwithstanding any other law, compliance with this paragraph is deemed to satisfy all requirements for the analysis and consideration of the environmental effects of proposed leasing under this title. (d) Relationship to State and Local Authority Nothing in this title shall be considered to expand or limit State and local regulatory authority. (e) Special Areas (1) In general The Secretary, after consultation with the State of Alaska, the city of Kaktovik, and the North Slope Borough, may designate up to a total of 45,000 acres of the Coastal Plain as a Special Area if the Secretary determines that the Special Area is of such unique character and interest so as to require special management and regulatory protection. The Secretary shall designate as such a Special Area the Sadlerochit Spring area, comprising approximately 4,000 acres. (2) Management Each such Special Area shall be managed so as to protect and preserve the area’s unique and diverse character including its fish, wildlife, and subsistence resource values. (3) Exclusion from leasing or surface occupancy The Secretary may exclude any Special Area from leasing. If the Secretary leases a Special Area, or any part thereof, for purposes of oil and gas exploration, development, production, and related activities, there shall be no surface occupancy of the lands comprising the Special Area. (4) Directional drilling Notwithstanding the other provisions of this subsection, the Secretary may lease all or a portion of a Special Area under terms that permit the use of horizontal drilling technology from sites on leases located outside the Special Area. (f) Limitation on Closed Areas The Secretary’s sole authority to close lands within the Coastal Plain to oil and gas leasing and to exploration, development, and production is that set forth in this title. (g) Regulations (1) In general The Secretary shall prescribe such regulations as may be necessary to carry out this title, including rules and regulations relating to protection of the fish and wildlife, their habitat, subsistence resources, and environment of the Coastal Plain, by no later than 15 months after the date of enactment of this Act. (2) Revision of regulations The Secretary shall periodically review and, if appropriate, revise the rules and regulations issued under subsection (a) to reflect any significant biological, environmental, or engineering data that come to the Secretary’s attention. 404. Lease sales (a) In General Lands may be leased pursuant to this title to any person qualified to obtain a lease for deposits of oil and gas under the Mineral Leasing Act (30 U.S.C. 181 et seq.). (b) Procedures The Secretary shall, by regulation, establish procedures for— (1) receipt and consideration of sealed nominations for any area in the Coastal Plain for inclusion in, or exclusion (as provided in subsection (c)) from, a lease sale; (2) the holding of lease sales after such nomination process; and (3) public notice of and comment on designation of areas to be included in, or excluded from, a lease sale. (c) Lease Sale Bids Bidding for leases under this title shall be by sealed competitive cash bonus bids. (d) Acreage Minimum in First Sale In the first lease sale under this title, the Secretary shall offer for lease those tracts the Secretary considers to have the greatest potential for the discovery of hydrocarbons, taking into consideration nominations received pursuant to subsection (b)(1), but in no case less than 200,000 acres. (e) Timing of Lease Sales The Secretary shall— (1) conduct the first lease sale under this title within 22 months after the date of the enactment of this Act; (2) evaluate the bids in such sale and issue leases resulting from such sale, within 90 days after the date of the completion of such sale; and (3) conduct additional sales so long as sufficient interest in development exists to warrant, in the Secretary’s judgment, the conduct of such sales. 405. Grant of leases by the Secretary (a) In General The Secretary may grant to the highest responsible qualified bidder in a lease sale conducted pursuant to section 404 any lands to be leased on the Coastal Plain upon payment by the lessee of such bonus as may be accepted by the Secretary. (b) Subsequent Transfers No lease issued under this title may be sold, exchanged, assigned, sublet, or otherwise transferred except with the approval of the Secretary. Prior to any such approval the Secretary shall consult with, and give due consideration to the views of, the Attorney General. 406. Lease terms and conditions (a) In General An oil or gas lease issued pursuant to this title shall— (1) provide for the payment of a royalty of not less than 12 1/2 percent in amount or value of the production removed or sold from the lease, as determined by the Secretary under the regulations applicable to other Federal oil and gas leases; (2) provide that the Secretary may close, on a seasonal basis, portions of the Coastal Plain to exploratory drilling activities as necessary to protect caribou calving areas and other species of fish and wildlife; (3) require that the lessee of lands within the Coastal Plain shall be fully responsible and liable for the reclamation of lands within the Coastal Plain and any other Federal lands that are adversely affected in connection with exploration, development, production, or transportation activities conducted under the lease and within the Coastal Plain by the lessee or by any of the subcontractors or agents of the lessee; (4) provide that the lessee may not delegate or convey, by contract or otherwise, the reclamation responsibility and liability to another person without the express written approval of the Secretary; (5) provide that the standard of reclamation for lands required to be reclaimed under this title shall be, as nearly as practicable, a condition capable of supporting the uses which the lands were capable of supporting prior to any exploration, development, or production activities, or upon application by the lessee, to a higher or better use as approved by the Secretary; (6) contain terms and conditions relating to protection of fish and wildlife, their habitat, subsistence resources, and the environment as required pursuant to section 403(a)(2); (7) provide that the lessee, its agents, and its contractors use best efforts to provide a fair share, as determined by the level of obligation previously agreed to in the 1974 agreement implementing section 29 of the Federal Agreement and Grant of Right of Way for the Operation of the Trans-Alaska Pipeline, of employment and contracting for Alaska Natives and Alaska Native Corporations from throughout the State; (8) prohibit the export of oil produced under the lease; and (9) contain such other provisions as the Secretary determines necessary to ensure compliance with the provisions of this title and the regulations issued under this title. (b) Project Labor Agreements The Secretary, as a term and condition of each lease under this title and in recognizing the Government’s proprietary interest in labor stability and in the ability of construction labor and management to meet the particular needs and conditions of projects to be developed under the leases issued pursuant to this title and the special concerns of the parties to such leases, shall require that the lessee and its agents and contractors negotiate to obtain a project labor agreement for the employment of laborers and mechanics on production, maintenance, and construction under the lease. 407. Coastal Plain environmental protection (a) No Significant Adverse Effect Standard To Govern Authorized Coastal Plain Activities The Secretary shall, consistent with the requirements of section 403, administer the provisions of this title through regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other provisions that— (1) ensure the oil and gas exploration, development, and production activities on the Coastal Plain will result in no significant adverse effect on fish and wildlife, their habitat, and the environment; (2) require the application of the best commercially available technology for oil and gas exploration, development, and production on all new exploration, development, and production operations; and (3) ensure that the maximum amount of surface acreage covered by production and support facilities, including airstrips and any areas covered by gravel berms or piers for support of pipelines, does not exceed 2,000 acres on the Coastal Plain. (b) Site-Specific Assessment and Mitigation The Secretary shall also require, with respect to any proposed drilling and related activities, that— (1) a site-specific analysis be made of the probable effects, if any, that the drilling or related activities will have on fish and wildlife, their habitat, subsistence resources, and the environment; (2) a plan be implemented to avoid, minimize, and mitigate (in that order and to the extent practicable) any significant adverse effect identified under paragraph (1); and (3) the development of the plan shall occur after consultation with the agency or agencies having jurisdiction over matters mitigated by the plan. (c) Regulations To Protect Coastal Plain Fish and Wildlife Resources, Subsistence Users, and the Environment Before implementing the leasing program authorized by this title, the Secretary shall prepare and promulgate regulations, lease terms, conditions, restrictions, prohibitions, stipulations, and other measures designed to ensure that the activities undertaken on the Coastal Plain under this title are conducted in a manner consistent with the purposes and environmental requirements of this title. (d) Compliance With Federal and State Environmental Laws and Other Requirements The proposed regulations, lease terms, conditions, restrictions, prohibitions, and stipulations for the leasing program under this title shall require compliance with all applicable provisions of Federal and State environmental law, and shall also require the following: (1) Standards at least as effective as the safety and environmental mitigation measures set forth in items 1 through 29 at pages 167 through 169 of the Final Legislative Environmental Impact Statement (April 1987) on the Coastal Plain. (2) Seasonal limitations on exploration, development, and related activities, where necessary, to avoid significant adverse effects during periods of concentrated fish and wildlife breeding, denning, nesting, spawning, and migration. (3) That exploration activities, except for surface geological studies, be limited to the period between approximately November 1 and May 1 each year and that exploration activities shall be supported, if necessary, by ice roads, winter trails with adequate snow cover, ice pads, ice airstrips, and air transport methods, except that such exploration activities may occur at other times if the Secretary finds that such exploration will have no significant adverse effect on the fish and wildlife, their habitat, and the environment of the Coastal Plain. (4) Design safety and construction standards for all pipelines and any access and service roads, that— (A) minimize, to the maximum extent possible, adverse effects upon the passage of migratory species such as caribou; and (B) minimize adverse effects upon the flow of surface water by requiring the use of culverts, bridges, and other structural devices. (5) Prohibitions on general public access and use on all pipeline access and service roads. (6) Stringent reclamation and rehabilitation requirements, consistent with the standards set forth in this title, requiring the removal from the Coastal Plain of all oil and gas development and production facilities, structures, and equipment upon completion of oil and gas production operations, except that the Secretary may exempt from the requirements of this paragraph those facilities, structures, or equipment that the Secretary determines would assist in the management of the Arctic National Wildlife Refuge and that are donated to the United States for that purpose. (7) Appropriate prohibitions or restrictions on access by all modes of transportation. (8) Appropriate prohibitions or restrictions on sand and gravel extraction. (9) Consolidation of facility siting. (10) Appropriate prohibitions or restrictions on use of explosives. (11) Avoidance, to the extent practicable, of springs, streams, and river system; the protection of natural surface drainage patterns, wetlands, and riparian habitats; and the regulation of methods or techniques for developing or transporting adequate supplies of water for exploratory drilling. (12) Avoidance or minimization of air traffic-related disturbance to fish and wildlife. (13) Treatment and disposal of hazardous and toxic wastes, solid wastes, reserve pit fluids, drilling muds and cuttings, and domestic wastewater, including an annual waste management report, a hazardous materials tracking system, and a prohibition on chlorinated solvents, in accordance with applicable Federal and State environmental law. (14) Fuel storage and oil spill contingency planning. (15) Research, monitoring, and reporting requirements. (16) Field crew environmental briefings. (17) Avoidance of significant adverse effects upon subsistence hunting, fishing, and trapping by subsistence users. (18) Compliance with applicable air and water quality standards. (19) Appropriate seasonal and safety zone designations around well sites, within which subsistence hunting and trapping shall be limited. (20) Reasonable stipulations for protection of cultural and archeological resources. (21) All other protective environmental stipulations, restrictions, terms, and conditions deemed necessary by the Secretary. (e) Considerations In preparing and promulgating regulations, lease terms, conditions, restrictions, prohibitions, and stipulations under this section, the Secretary shall consider the following: (1) The stipulations and conditions that govern the National Petroleum Reserve-Alaska leasing program, as set forth in the 1999 Northeast National Petroleum Reserve-Alaska Final Integrated Activity Plan/Environmental Impact Statement. (2) The environmental protection standards that governed the initial Coastal Plain seismic exploration program under parts 37.31 to 37.33 of title 50, Code of Federal Regulations. (3) The land use stipulations for exploratory drilling on the KIC–ASRC private lands that are set forth in appendix 2 of the August 9, 1983, agreement between Arctic Slope Regional Corporation and the United States. (f) Facility Consolidation Planning (1) In general The Secretary shall, after providing for public notice and comment, prepare and update periodically a plan to govern, guide, and direct the siting and construction of facilities for the exploration, development, production, and transportation of Coastal Plain oil and gas resources. (2) Objectives The plan shall have the following objectives: (A) Avoiding unnecessary duplication of facilities and activities. (B) Encouraging consolidation of common facilities and activities. (C) Locating or confining facilities and activities to areas that will minimize impact on fish and wildlife, their habitat, and the environment. (D) Utilizing existing facilities wherever practicable. (E) Enhancing compatibility between wildlife values and development activities. (g) Access to Public Lands The Secretary shall— (1) manage public lands in the Coastal Plain subject to subsections (a) and (b) of section 811 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3121 ); and (2) ensure that local residents shall have reasonable access to public lands in the Coastal Plain for traditional uses. 408. Expedited judicial review (a) Filing of Complaint (1) Deadline Subject to paragraph (2), any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title shall be filed— (A) except as provided in subparagraph (B), within the 90-day period beginning on the date of the action being challenged; or (B) in the case of a complaint based solely on grounds arising after such period, within 90 days after the complainant knew or reasonably should have known of the grounds for the complaint. (2) Venue Any complaint seeking judicial review of any provision of this title or any action of the Secretary under this title may be filed only in the United States Court of Appeals for the District of Columbia. (3) Limitation on scope of certain review Judicial review of a Secretarial decision to conduct a lease sale under this title, including the environmental analysis thereof, shall be limited to whether the Secretary has complied with the terms of this title and shall be based upon the administrative record of that decision. The Secretary’s identification of a preferred course of action to enable leasing to proceed and the Secretary’s analysis of environmental effects under this title shall be presumed to be correct unless shown otherwise by clear and convincing evidence to the contrary. (b) Limitation on Other Review Actions of the Secretary with respect to which review could have been obtained under this section shall not be subject to judicial review in any civil or criminal proceeding for enforcement. 409. Federal and State distribution of revenues (a) In General Notwithstanding any other provision of law, of the amount of adjusted bonus, rental, and royalty revenues from Federal oil and gas leasing and operations authorized under this title— (1) 50 percent shall be paid to the State of Alaska; and (2) except as provided in section 412(d), the balance shall be transferred to the ANWR Alternative Energy Trust Fund established by this title. (b) Payments to Alaska Payments to the State of Alaska under this section shall be made semiannually. 410. Rights-of-way across the Coastal Plain (a) In General The Secretary shall issue rights-of-way and easements across the Coastal Plain for the transportation of oil and gas— (1) except as provided in paragraph (2), under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ), without regard to title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ); and (2) under title XI of the Alaska National Interest Lands Conservation Act ( 30 U.S.C. 3161 et seq. ), for access authorized by sections 1110 and 1111 of that Act (16 U.S.C. 3170 and 3171). (b) Terms and Conditions The Secretary shall include in any right-of-way or easement issued under subsection (a) such terms and conditions as may be necessary to ensure that transportation of oil and gas does not result in a significant adverse effect on the fish and wildlife, subsistence resources, their habitat, and the environment of the Coastal Plain, including requirements that facilities be sited or designed so as to avoid unnecessary duplication of roads and pipelines. (c) Regulations The Secretary shall include in regulations under section 403(g) provisions granting rights-of-way and easements described in subsection (a) of this section. 411. Conveyance In order to maximize Federal revenues by removing clouds on title to lands and clarifying land ownership patterns within the Coastal Plain, the Secretary, notwithstanding the provisions of section 1302(h)(2) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), shall convey— (1) to the Kaktovik Inupiat Corporation the surface estate of the lands described in paragraph 1 of Public Land Order 6959, to the extent necessary to fulfill the Corporation’s entitlement under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611 and 1613) in accordance with the terms and conditions of the Agreement between the Department of the Interior, the United States Fish and Wildlife Service, the Bureau of Land Management, and the Kaktovik Inupiat Corporation effective January 22, 1993; and (2) to the Arctic Slope Regional Corporation the remaining subsurface estate to which it is entitled pursuant to the August 9, 1983, agreement between the Arctic Slope Regional Corporation and the United States of America. 412. Local government impact aid and community service assistance (a) Financial Assistance Authorized (1) In general The Secretary may use amounts available from the Coastal Plain Local Government Impact Aid Assistance Fund established by subsection (d) to provide timely financial assistance to entities that are eligible under paragraph (2) and that are directly impacted by the exploration for or production of oil and gas on the Coastal Plain under this title. (2) Eligible entities The North Slope Borough, the City of Kaktovik, and any other borough, municipal subdivision, village, or other community in the State of Alaska that is directly impacted by exploration for, or the production of, oil or gas on the Coastal Plain under this title, as determined by the Secretary, shall be eligible for financial assistance under this section. (b) Use of Assistance Financial assistance under this section may be used only for— (1) planning for mitigation of the potential effects of oil and gas exploration and development on environmental, social, cultural, recreational, and subsistence values; (2) implementing mitigation plans and maintaining mitigation projects; (3) developing, carrying out, and maintaining projects and programs that provide new or expanded public facilities and services to address needs and problems associated with such effects, including fire-fighting, police, water, waste treatment, medivac, and medical services; and (4) establishment of a coordination office, by the North Slope Borough, in the City of Kaktovik, which shall— (A) coordinate with and advise developers on local conditions, impact, and history of the areas utilized for development; and (B) provide to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report on the status of coordination between developers and the communities affected by development. (c) Application (1) In general Any community that is eligible for assistance under this section may submit an application for such assistance to the Secretary, in such form and under such procedures as the Secretary may prescribe by regulation. (2) North slope borough communities A community located in the North Slope Borough may apply for assistance under this section either directly to the Secretary or through the North Slope Borough. (3) Application assistance The Secretary shall work closely with and assist the North Slope Borough and other communities eligible for assistance under this section in developing and submitting applications for assistance under this section. (d) Establishment of Fund (1) In general There is established in the Treasury the Coastal Plain Local Government Impact Aid Assistance Fund. (2) Use Amounts in the fund may be used only for providing financial assistance under this section. (3) Deposits Subject to paragraph (4), there shall be deposited into the fund amounts received by the United States as revenues derived from rents, bonuses, and royalties from Federal leases and lease sales authorized under this title. (4) Limitation on deposits The total amount in the fund may not exceed $11,000,000. (5) Investment of balances The Secretary of the Treasury shall invest amounts in the fund in interest bearing government securities. (e) Authorization of Appropriations To provide financial assistance under this section there is authorized to be appropriated to the Secretary from the Coastal Plain Local Government Impact Aid Assistance Fund $5,000,000 for each fiscal year. 413. ANWR Alternative Energy 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 ANWR Alternative Energy Trust Fund , consisting of such amounts as may be transferred to the ANWR Alternative Energy Trust Fund as provided in section 409. (b) Expenditures From ANWR Alternative Energy Trust Fund (1) In general Amounts in the ANWR Alternative Energy Trust Fund shall be available without further appropriation to carry out specified provisions of the Energy Policy Act of 2005 ( Public Law 109–58 ; in this section referred to as EPAct2005 ) and the Energy Independence and Security Act of 2007 ( Public Law 110–140 ; in this section referred to as EISAct2007 ), as follows: To carry out the provisions of: The following percentage of annual receipts to the ANWR Alternative Energy Trust Fund, but not to exceed the limit on amount authorized, if any: EPAct2005: Section 210 1.5 percent Section 242 1.0 percent Section 369 2.0 percent Section 401 6.0 percent Section 812 6.0 percent Section 931 19.0 percent Section 942 1.5 percent Section 962 3.0 percent Section 968 1.5 percent Section 1704 6.0 percent EISAct2007: Section 207 15.0 percent Section 607 1.5 percent Title VI, Subtitle B 3.0 percent Title VI, Subtitle C 1.5 percent Section 641 9.0 percent Title VII, Subtitle A 15.0 percent Section 1112 1.5 percent Section 1304 6.0 percent. (2) Apportionment of excess amount Notwithstanding paragraph (1), any amounts allocated under paragraph (1) that are in excess of the amounts authorized in the applicable cited section or subtitle of EPAct2005 and EISAct2007 shall be reallocated to the remaining sections and subtitles cited in paragraph (1), up to the amounts otherwise authorized by law to carry out such sections and subtitles, in proportion to the amounts authorized by law to be appropriated for such other sections and subtitles. V Northern Route Approval Act 501. Short title This Act may be cited as the Northern Route Approval Act . 502. Findings The Congress finds the following: (1) To maintain our Nation’s competitive edge and ensure an economy built to last, the United States must have fast, reliable, resilient, and environmentally sound means of moving energy. In a global economy, we will compete for the world’s investments based in significant part on the quality of our infrastructure. Investing in the Nation’s infrastructure provides immediate and long-term economic benefits for local communities and the Nation as a whole. (2) The delivery of oil from Canada, a close ally not only in proximity but in shared values and ideals, to domestic markets is in the national interest because of the need to lessen dependence upon insecure foreign sources. (3) The Keystone XL pipeline would provide both short-term and long-term employment opportunities and related labor income benefits, such as government revenues associated with taxes. (4) The State of Nebraska has thoroughly reviewed and approved the proposed Keystone XL pipeline reroute, concluding that the concerns of Nebraskans have had a major influence on the pipeline reroute and that the reroute will have minimal environmental impacts. (5) The Department of State and other Federal agencies have over a long period of time conducted extensive studies and analysis of the technical aspects and of the environmental, social, and economic impacts of the proposed Keystone XL pipeline, and— (A) the Department of State assessments found that the Keystone XL pipeline is not likely to impact the amount of crude oil produced from the oil sands and that approval or denial of the proposed project is unlikely to have a substantial impact on the rate of development in the oil sands ; (B) the Department of State found that incremental life-cycle greenhouse gas emissions associated with the Keystone XL project are estimated in the range of 0.07 to 0.83 million metric tons of carbon dioxide equivalents, with the upper end of this range representing twelve one-thousandths of one percent of the 6,702 million metric tons of carbon dioxide emitted in the United States in 2011; and (C) after extensive evaluation of potential impacts to land and water resources along the Keystone XL pipeline’s 875-mile proposed route, the Department of State found that The analyses of potential impacts associated with construction and normal operation of the proposed Project suggest that there would be no significant impacts to most resources along the proposed Project route (assuming Keystone complies with all laws and required conditions and measures). . (6) The transportation of oil via pipeline is the safest and most economically and environmentally effective means of doing so, and— (A) transportation of oil via pipeline has a record of unmatched safety and environmental protection, and the Department of State found that Spills associated with the proposed Project that enter the environment expected to be rare and relatively small , and that there is no evidence of increased corrosion or other pipeline threat due to viscosity of diluted bitumen oil that will be transported by the Keystone XL pipeline; and (B) plans to incorporate 57 project-specific special conditions related to the design, construction, and operations of the Keystone XL pipeline led the Department of State to find that the pipeline will have a degree of safety over any other typically constructed domestic oil pipeline . (7) The Keystone XL is in much the same position today as the Alaska Pipeline in 1973 prior to congressional action. Once again, the Federal regulatory process remains an insurmountable obstacle to a project that is likely to reduce oil imports from insecure foreign sources. 503. Keystone XL permit approval Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note), Executive Order No. 11423 ( 3 U.S.C. 301 note), section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16 U.S.C. 470 et seq.). 504. Judicial review (a) Exclusive jurisdiction Except for review by the Supreme Court on writ of certiorari, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction to determine— (1) the validity of any final order or action (including a failure to act) of any Federal agency or officer with respect to issuance of a permit relating to the construction or maintenance of the Keystone XL pipeline, including any final order or action deemed to be taken, made, granted, or issued; (2) the constitutionality of any provision of this Act, or any decision or action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act; or (3) the adequacy of any environmental impact statement prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), or of any analysis under any other Act, with respect to any action taken, made, granted, or issued, or deemed to be taken, made, granted, or issued under this Act. (b) Deadline for filing claim A claim arising under this Act may be brought not later than 60 days after the date of the decision or action giving rise to the claim. (c) Expedited consideration The United States Court of Appeals for the District of Columbia Circuit shall set any action brought under subsection (a) for expedited consideration, taking into account the national interest of enhancing national energy security by providing access to the significant oil reserves in Canada that are needed to meet the demand for oil. 505. American burying beetle (a) Findings The Congress finds that— (1) environmental reviews performed for the Keystone XL pipeline project satisfy the requirements of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(a)(2) ) in its entirety; and (2) for purposes of that Act, the Keystone XL pipeline project will not jeopardize the continued existence of the American burying beetle or destroy or adversely modify American burying beetle critical habitat. (b) Biological opinion The Secretary of the Interior is deemed to have issued a written statement setting forth the Secretary’s opinion containing such findings under section 7(b)(1)(A) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(b)(1)(A) ) and any taking of the American burying beetle that is incidental to the construction or operation and maintenance of the Keystone XL pipeline as it may be ultimately defined in its entirety, shall not be considered a prohibited taking of such species under such Act. 506. Right-of-way and temporary use permit The Secretary of the Interior is deemed to have granted or issued a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), as set forth in the application tendered to the Bureau of Land Management for the Keystone XL pipeline. 507. Permits for activities in navigable waters (a) Issuance of permits The Secretary of the Army, not later than 90 days after receipt of an application therefor, shall issue all permits under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) and section 10 of the Act of March 3, 1899 ( 33 U.S.C. 403 ; commonly known as the Rivers and Harbors Appropriations Act of 1899), necessary for the construction, operation, and maintenance of the pipeline described in the May 4, 2012, application referred to in section 3, as supplemented by the Nebraska reroute. The application shall be based on the administrative record for the pipeline as of the date of enactment of this Act, which shall be considered complete. (b) Waiver of procedural requirements The Secretary may waive any procedural requirement of law or regulation that the Secretary considers desirable to waive in order to accomplish the purposes of this section. (c) Issuance in absence of action by the Secretary If the Secretary has not issued a permit described in subsection (a) on or before the last day of the 90-day period referred to in subsection (a), the permit shall be deemed issued under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) or section 10 of the Act of March 3, 1899 ( 33 U.S.C. 403 ), as appropriate, on the day following such last day. (d) Limitation The Administrator of the Environmental Protection Agency may not prohibit or restrict an activity or use of an area that is authorized under this section. 508. Migratory Bird Treaty Act permit The Secretary of the Interior is deemed to have issued a special purpose permit under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ), as described in the application filed with the United States Fish and Wildlife Service for the Keystone XL pipeline on January 11, 2013. 509. Oil spill response plan disclosure (a) In general Any pipeline owner or operator required under Federal law to develop an oil spill response plan for the Keystone XL pipeline shall make such plan available to the Governor of each State in which such pipeline operates to assist with emergency response preparedness. (b) Updates A pipeline owner or operator required to make available to a Governor a plan under subsection (a) shall make available to such Governor any update of such plan not later than 7 days after the date on which such update is made. VI Repeal of employer health insurance mandate 601. Repeal of employer health insurance mandate (a) In general Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b) Repeal of related reporting requirements Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c) Conforming amendments (1) Subparagraph (B) of section 6724(d)(1) of such Code is amended by inserting or at the end of clause (xxiii), by striking and at the end of clause (xxiv) and inserting or , and by striking clause (xxv). (2) Paragraph (2) of section 6724(d) of such Code is amended by inserting or at the end of subparagraph (FF), by striking , or at the end of subparagraph (GG) and inserting a period, and by striking subparagraph (HH). (3) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4) The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d) Effective dates (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2) Repeal of study and report The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act. VII Secret Ballot Protection Act 701. Short title This title may be cited as the Secret Ballot Protection Act . 702. Findings Congress finds that— (1) the importance of a secret ballot election has been recognized by the United States for over 100 years; (2) the fundamental democratic right to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality; (3) the recognition of a labor organization by way of a private agreement, rather than a secret ballot election supervised by a neutral third party, threatens an employee’s right, codified in the National Labor Relations Act, to choose whether or not to be represented by a labor organization; and (4) preserving workers’ right to choose whether or not to be represented by a labor organization through a secret ballot election is important to the strength of the national economy. 703. National Labor Relations Act (a) Recognition of representative (1) In general Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9 . (2) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (b) Election required (1) In general Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)), as amended by subsection (c) of this section, is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ; and ; and (C) by adding at the end the following: (8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of employees in a unit appropriate for such purposes in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9. . (2) Application The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of this Act. (c) Secret ballot election required Section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ), is amended— (1) by inserting (1) after (a) ; (2) by inserting after designated or selected the following: by a secret ballot election conducted by the National Labor Relations Board in accordance with this section ; and (3) by adding at the end the following: (2) The secret ballot election requirement of paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of enactment of the Secret Ballot Protection Act. . (d) Conforming amendments Section 9(c)(1) of such Act ( 29 U.S.C. 159(c)(1) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking and that their employer declines to recognize their representative as the representative defined in section 9(a) and inserting by a representative ; and (B) in clause (ii), by striking section 9(a); and inserting subsection (a), ; and (2) in subparagraph (B), by striking alleging and all that follows through defined in section 9(a) . 704. Regulations Not later than 6 months after the date of the enactment of this Act the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this title to the National Labor Relations Act. VIII Federal Rules of Civil Procedure improvements 801. Attorney accountability Rule 11(c) of the Federal Rules of Civil Procedure is amended— (1) by amending the first sentence to read as follows: If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney's fee. ; (2) in paragraph (1)(A)— (A) by striking Rule 5 and all that follows through corrected. and inserting Rule 5. ; and (B) by striking the court may award and inserting the court shall award ; and (3) in paragraph (2), by striking shall be limited to what is sufficient and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee. . 802. Applicability of Rule 11 to State cases affecting interstate commerce In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action substantially affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action substantially affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action. 803. Prevention of forum-shopping (a) In general Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or if there is no State court in the county, the nearest county where a court of general jurisdiction is located), or Federal district in which— (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent— (A) resides at the time of filing; or (B) resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; (3) the defendant's principal place of business is located, if the defendant is a corporation; or (4) the defendant resides, if the defendant is an individual. (b) Determination of Most Appropriate Forum If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions In this section: (1) The term personal injury claim — (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; (B) does not include a claim brought as a class action; and (C) does not include a claim against a debtor in a case pending under title 11 of the United States Code that is a personal injury tort or wrongful death claim within the meaning of section 157(b)(5) of title 28, United States Code. (2) The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act. 804. Rule of construction Nothing in section 402 or in the amendments made by section 401 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law. 805. Three-strikes rule for suspending attorneys who commit multiple Rule 11 violations (a) Mandatory Suspension Whenever a Federal district court determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in that Federal district court during that attorney's career. If the court determines that the number is three or more, the Federal district court— (1) shall suspend that attorney from the practice of law in that Federal district court for one year; and (2) may suspend that attorney from the practice of law in that Federal district court for any additional period that the court considers appropriate. (b) Appeal; Stay An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement To be reinstated to the practice of law in a Federal district court after completion of a suspension under subsection (a), the attorney involved must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. 806. Presumption of Rule 11 violation for repeatedly relitigating same issue Whenever a party presents to a Federal court a pleading, written motion, or other paper, that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on three consecutive occasions, and the claim or defense, respectively, involves the same plaintiff and the same defendant on each occasion, there shall be a rebuttable presumption that the presentation of such paper is in violation of Rule 11 of the Federal Rules of Civil Procedure. 807. Enhanced sanctions for document destruction in pending Federal court proceedings Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, or obstruct, or impede, a pending Federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such Federal court proceeding and highly relevant to that proceeding— (1) shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 11 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply; and (2) shall be held in contempt of court; and if an attorney, referred to one or more appropriate State bar associations for disciplinary proceedings. 808. Ban on concealment of unlawful conduct (a) In general In any Rule 11 of the Federal Rules of Civil Procedure proceeding, a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record. (b) Applicability This section applies to any record formally filed with a court, but shall not include any records subject to— (1) the attorney-client privilege or any other privilege recognized under Federal or State law that grants the right to prevent disclosure of certain information unless the privilege has been waived; or (2) applicable State or Federal laws that protect the confidentiality of crime victims, including victims of sexual abuse. IX Regulatory Flexibility Improvements Act of 2013 901. Short title This title may be cited as the Regulatory Flexibility Improvements Act of 2013 . 902. 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 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, United States Code. . (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, United States Code. . (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. . 903. 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 ; 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. . 904. 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 Reform Act, 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 . 905. Procedures for gathering comments Section 609 of title 5, United States Code, is amended by striking subsection (b) and all that follows 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, United States Code). (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 of this title; 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, United States Code), 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, United States Code), 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 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. . 906. 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) 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, United States Code) 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 (d) and a detailed explanation of the reasons for such determination. (d) In reviewing a rule pursuant to subsections (a) through (c), 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 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 (c). (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. (e) 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. . 907. 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 . 908. 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 adding at the end the following new paragraph: (8) all final rules under section 608(a) of title 5, United States Code. . (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, United States Code. . (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, . 909. 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). | https://www.govinfo.gov/content/pkg/BILLS-113hr2674ih/xml/BILLS-113hr2674ih.xml |
113-hr-2675 | I 113th CONGRESS 1st Session H. R. 2675 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mrs. Bustos (for herself, Mr. Fitzpatrick , Mr. Cicilline , Mr. Duffy , Mr. Coffman , Mr. Schrader , Mr. Matheson , Mr. Ruiz , Mr. Loebsack , Mr. Maffei , Mr. Murphy of Florida , and Mr. Dent ) 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 establish the Commission on Government Transformation to make recommendations to improve the economy, efficiency, and effectiveness, of Federal programs, and for other purposes.
1. Short title This Act may be cited as the Government Transformation Act . 2. Establishment There is established a commission to be known as the Commission on Government Transformation (in this Act referred to as the Commission ). 3. Duties of Commission (a) In general The Commission shall— (1) review work done by governmental and nongovernmental entities, and conduct original research, on the organizational practices, operations, and reform efforts of Federal agencies; (2) analyze organizational practices and management challenges of Federal agencies and make recommendations as described in subsection (b)(2); (3) assess Federal programs for economy, efficiency, and effectiveness, and identify best practices of Federal agencies; (4) establish a process for prioritizing the activities described in paragraphs (1), (2), and (3), including establishing criteria and a schedule for carrying out the activities; (5) coordinate with appropriate Federal agencies and provide opportunities for individuals to make recommendations that support the work of the Commission; (6) upon request, provide information on Commission activities to the Government Accountability Office, the Congressional Budget Office, the Office of Management and Budget, other Federal agency heads, and the Office of the Inspector General of each Federal agency; and (7) serve as a repository for best practices to support Federal agencies in efforts to improve effectiveness. (b) Reports (1) Interim activity reports The Commission shall submit to the President and Congress interim activity reports that describe the activities of the Commission not later than 6 months after the date on which all members of the Commission have been appointed, and every 6 months thereafter, except that an interim report is not required on the date on which an annual report is submitted as described in paragraph (2). (2) Annual reports Not later than 12 months after the date on which all members of the Commission have been appointed, and every 12 months thereafter, the Commission shall submit a report to the President and Congress. The report shall include— (A) the findings and conclusions of the Commission; (B) suggestions for implementing the best practices of Federal agencies identified in subsection (a)(3) in other Federal agencies; (C) proposals for legislation, administrative action, or executive action that include recommendations for improvement or investment in Federal programs, or elimination, reduction, or consolidation of Federal programs; and (D) justification for the recommendations described in subparagraph (C). (3) Reports on historical data Not later than 48 months after the date on which all members of the Commission have been appointed, and every 24 months thereafter, the Commission shall submit a report to the President and Congress on historical data and trends in the information studied by the Commission, including any available evidence of cost savings. (4) Reports made public Each report submitted under this subsection shall be made available to the public not later than 90 days after the date on which the report is submitted. 4. Membership (a) Number and appointment The Commission shall be composed of 7 members to be appointed as follows: (1) The majority leader of the Senate shall appoint 1 member. (2) The minority leader of the Senate shall appoint 1 member. (3) The Speaker of the House of Representatives shall appoint 1 member. (4) The minority leader of the House of Representatives shall appoint 1 member. (5) The President shall appoint 3 members. (b) Restriction on government employees No individual may serve as a member of the Commission while employed as an officer or employee of the Federal Government or any State or local government. (c) Membership criteria The members of the Commission shall include individuals with recognition for their expertise in agencies, efficiency, waste reduction, finance and economics, or actuarial sciences, and who provide a mix of different professional backgrounds and broad geographic representation. (d) Political affiliation Not more than 3 of the 7 members appointed shall be registered as members of the same political party. (e) Deadline To appoint members All members of the Commission shall be appointed not later than 90 days after the date of the enactment of this Act. (f) Terms (1) In general Each member shall be appointed for a term of 3 years. (2) Reappointment Each member may be reappointed for 1 additional term of 3 years. (3) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made not later than 90 days after the date on which the member leaves the Commission. (g) Co-Chairs (1) Selection Of the members selected by the President under subsection (a)(4), 2 members shall serve as Co-Chairs of the Commission. (2) Political affiliation of Co-Chairs The Co-Chairs of the Commission shall not be from the same political party. (h) Basic pay (1) Rates of pay of members Each member, other than the Co-Chairs, shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5315 of title 5, United States Code. (2) Rate of pay of Co-Chairs The Co-Chairs shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (i) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (j) Quorum Four members of the Commission shall constitute a quorum but a lesser number may hold hearings. (k) Meetings The Commission shall meet at the call of the Co-Chairs or a majority of its members. Members may attend meetings via teleconference. 5. Commission personnel matters (a) Executive Director and Staff (1) In general The Co-Chairs, in consultation with the President and Congress, shall appoint and terminate an Executive Director. The Executive Director shall be paid at a rate equal to the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff The Executive Director, with the approval of a majority of the members of the Commission, may appoint, set the pay of, and terminate additional personnel. (b) Application of certain civil service laws The Executive Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) Conflicts of interest A member or employee of the Commission shall not have a conflict of interest that is relevant to any activity of the Commission. (d) Experts and consultants With the consensus of the Co-Chairs, the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at a rate to be determined by the Co-Chairs. (e) Staff of Federal agencies Upon request of the Co-Chairs, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. 6. Powers of Commission (a) Hearings and sessions The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (b) Powers of members and agents Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining official data The Commission may secure directly from any department or agency information necessary to enable it to carry out this section. Upon request of the Co-Chairs, the head of that department or agency shall furnish that information to the Commission on an agreed upon schedule. (d) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. 7. Expedited congressional consideration of Commission bill (a) Definitions For the purposes of this section: (1) Commission bill The term Commission bill means a bill— (A) the substance of which implements a recommendation of the Commission submitted under section 3(b)(2)(C); and (B) introduced by request on the date that is 90 days after the annual report of the Commission is submitted to Congress under section 3(b)(2), or if either House is not in session on such date, on the first day thereafter on which that House is in session. (2) Calendar day The term calendar day means a calendar day other than one on which either House is not in session because of an adjournment of more than 3 days to a date certain. (b) Referral A Commission bill described in subsection (a)(1) that is introduced in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. A Commission bill that is introduced in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Discharge If the committee to which a Commission bill described in subsection (a)(1) is referred has not reported the Commission bill by the end of the 20-day period beginning on the date on which the report is introduced under subsection (a)(1)(B), such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (d) Expedited consideration (1) Consideration On or after the third day after the date on which the committee to which a Commission bill described in subsection (a)(1) is referred has reported, or has been discharged (under subsection (c)) from further consideration of, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Vote on final passage Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (e) Consideration by other House (1) Before passage If, before the passage by one House of a Commission bill of that House described in subsection (a)(1), that House receives from the other House a Commission bill, then the following procedures shall apply— (A) the Commission bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of vote on final passage as provided in subparagraph (B); and (B) with respect to a Commission bill of the House receiving the bill, the procedure in that House shall be the same as if no bill had been received from the other House, but the vote on final passage shall be on the bill of the other House. (2) After passage Upon disposition of a Commission bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (f) Rules of the Senate and House of Representatives This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be 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 Commission bill described in subsection (a)(1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules of 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. 8. Definitions In this Act: (1) Federal agency The term Federal agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Federal program The term Federal program means any function or activity of a Federal agency. 9. Authorization of appropriations There is authorized to be appropriated to the Commission for fiscal years 2014 through 2019 such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2675ih/xml/BILLS-113hr2675ih.xml |
113-hr-2676 | I 113th CONGRESS 1st Session H. R. 2676 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mrs. Capps introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to encourage the adoption and use of certified electronic health record technology by safety net providers and clinics under the Medicaid program.
1. Short title This Act may be cited as the Medicaid Information Technology to Enhance Community Health Act of 2013 or the MITECH Act . 2. Incentives for adoption and use of EHR Technology by safety net clinics and providers Section 1903(t) of the Social Security Act ( 42 U.S.C. 1396b(t) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (i), by inserting or QSNC-based after hospital-based ; (ii) in clause (ii)— (I) by inserting or QSNC-based after hospital-based ; and (II) by striking and at the end and inserting or ; and (iii) in clause (iii), by striking who practices predominantly in a Federally qualified health center or rural health clinic and inserting subject to paragraph (11)(C), who practices predominantly in a Federally qualified health center, rural health clinic, or qualified safety net clinic ; and (B) in subparagraph (B)— (i) in clause (i), by striking or ; (ii) in clause (ii), by striking the period at the end and inserting , or ; and (iii) by adding at the end the following new clause: (iii) subject to paragraph (11), a qualified safety net clinic (as defined in paragraph (3)(G)). ; (2) in paragraph (3)— (A) in subparagraph (B)(v), by striking rural health clinic and all that follows through the period and inserting rural health clinic, Federally qualified health center, or qualified safety net clinic that is led by a physician assistant. ; and (B) by adding at the end the following new subparagraphs: (G) The term qualified safety net clinic means a clinic or network of clinics that is operated by a private non-profit or public entity and that has at least 30 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to needy individuals (as defined in subparagraph (F)). (H) The term QSNC-based means, with respect to an eligible professional, an individual who furnishes substantially all of their professional services in a qualified safety net clinic and through the use of the facilities and equipment, including qualified electronic health records, of the clinic. The determination of whether an eligible professional is a QSNC-based eligible professional shall be made on the basis of the site of service (as defined by the Secretary) and without regard to any employment or billing arrangement between the eligible professional and any other provider. ; (3) in paragraph (5)— (A) in subparagraph (A), by inserting clause (i) or (ii) of before paragraph (2)(B) ; and (B) by adding at the end the following new subparagraph: (E) For purposes of payments described in paragraph (1)(B) to a Medicaid provider described in paragraph (2)(B)(iii), the Secretary shall establish a methodology for determining the maximum amount of payment permitted for each such provider. ; and (4) by adding at the end the following new paragraph: (11) (A) Not later than January 1, 2015, the Secretary, in consultation with States and other relevant stakeholders, shall promulgate regulations to establish a procedure through which a qualified safety net clinic may demonstrate meaningful use of certified EHR technology by such clinic for purposes of satisfying the requirement described in paragraph (6)(C)(i)(II). (B) A qualified safety net clinic shall not be eligible to receive payments described in paragraph (1)(B) before the date on which the Secretary establishes the procedure described in subparagraph (A). On and after that date, a qualified safety net clinic may receive such payments if the qualified safety net clinic notifies the Secretary that the qualified safety net clinic elects to receive such payments in lieu of the Secretary making payments described in paragraph (1)(A) to the eligible professionals who practice predominately in the qualified safety net clinic. (C) On or after the date that the Secretary establishes the procedure described in subparagraph (A), an eligible professional who practices predominately in a qualified safety net clinic, as described in paragraph (2)(A)(iii), shall not be eligible to receive payments described in paragraph (1)(A) if the qualified safety net clinic receives payments described in paragraph (1)(B). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2676ih/xml/BILLS-113hr2676ih.xml |
113-hr-2677 | I 113th CONGRESS 1st Session H. R. 2677 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Coffman (for himself, Mr. O’Rourke , Mr. Kilmer , Mr. Loebsack , Mr. Cooper , Mr. Austin Scott of Georgia , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce the annual rate of compensation of Members of Congress by a percentage equal to the effective reduction in the average annual rate of pay of Federal employees who were subject to sequestration-related furloughs during the two most recent fiscal years.
1. Short title This Act may be cited as the Sequestration Tied to Member Pay (STOMP) Act of 2013 . 2. Equivalent reduction in pay of members of congress if federal employee pay is reduced by reason of sequestration (a) Reduction in Pay Section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is amended— (1) in paragraph (1), by striking The annual rate and inserting Subject to paragraph (3), the annual rate ; and (2) by adding at the end the following new paragraph: (3) (A) If, during either of the two most recent fiscal years ending before a Congress, the effective annual rate of pay of employees of the Federal Government is reduced as a result of a sequestration-related furlough, the annual rate of pay otherwise applicable under paragraph (1) during the Congress shall be reduced by a percentage equal to the average percentage reduction in such effective annual rate of pay during those 2 fiscal years for all employees of the Federal Government whose pay was reduced as a result of such a furlough. (B) Not later than December 15 of each even-numbered year, the Director of the Office of Personnel Management shall determine and publish the percentage (if any) by which the annual rate of pay otherwise applicable under paragraph (1) shall be reduced during the next Congress pursuant to this paragraph. (C) In this paragraph, the term employees of the Federal Government means employees described in section 2105 of title 5, United States Code. (D) In this paragraph, the term sequestration-related furlough means, with respect to an employee of the Federal Government, the placing of the employee in a temporary status without duties and pay because of a lack of funds which results from— (i) any reduction made with respect to a fiscal year pursuant to a sequestration order issued under section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 (or, in the case of fiscal year 2013, under section 251A of such Act); or (ii) the imposition with respect to a fiscal year of the discretionary spending limits set forth in section 251(c) of such Act (as modified by section 251A of such Act). . (b) Effective Date The amendment made by subsection (a) shall apply with respect to the One Hundred Fourteenth Congress and each succeeding Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr2677ih/xml/BILLS-113hr2677ih.xml |
113-hr-2678 | I 113th CONGRESS 1st Session H. R. 2678 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Garcia (for himself, Mr. Miller of Florida , Mr. Southerland , Mr. Yoho , Mr. Crenshaw , Ms. Brown of Florida , Mr. DeSantis , Mr. Mica , Mr. Posey , Mr. Grayson , Mr. Webster of Florida , Mr. Nugent , Mr. Bilirakis , Mr. Young of Florida , Ms. Castor of Florida , Mr. Ross , Mr. Buchanan , Mr. Rooney , Mr. Murphy of Florida , Mr. Radel , Mr. Hastings of Florida , Mr. Deutch , Ms. Frankel of Florida , Ms. Wasserman Schultz , Ms. Wilson of Florida , Mr. Diaz-Balart , and Ms. Ros-Lehtinen ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 10360 Southwest 186th Street in Miami, Florida, as the Larcenia J. Bullard Post Office Building .
1. Larcenia J. Bullard Post Office Building (a) Designation The facility of the United States Postal Service located at 10360 Southwest 186th Street in Miami, Florida, shall be known and designated as the Larcenia J. Bullard Post Office Building . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Larcenia J. Bullard Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-113hr2678ih/xml/BILLS-113hr2678ih.xml |
113-hr-2679 | I 113th CONGRESS 1st Session H. R. 2679 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Gardner (for himself, Mr. Scalise , Mr. Tipton , Mr. Rokita , Mr. Fleming , Mr. Cole , Mrs. Lummis , Mr. LaMalfa , Mr. Franks of Arizona , Mr. Brooks of Alabama , Mr. Southerland , Mr. Coble , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To exclude the Internal Revenue Service from the provisions of title 5, United States Code, relating to labor-management relations.
1. Short title This Act may be cited as the Preventing Unionization of Revenue Service Employees Act or the PURSE Act . 2. Exclusion of Internal Revenue Service (a) In general Section 7103(a)(3) of title 5, United States Code, is amended— (1) in subparagraph (G), by striking or ; (2) in subparagraph (H), by striking the period and inserting ; or ; and (3) by adding after subparagraph (H) the following: (I) the Internal Revenue Service; . (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, notwithstanding any provision of law, rule, or regulation, or of any preexisting collective bargaining agreement. | https://www.govinfo.gov/content/pkg/BILLS-113hr2679ih/xml/BILLS-113hr2679ih.xml |
113-hr-2680 | I 113th CONGRESS 1st Session H. R. 2680 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Gohmert 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 tax bona fide residents of the District of Columbia in the same manner as bona fide residents of possessions of the United States.
1. Short title This Act may be cited as the No Taxation Without Representation Act . 2. Findings The Congress finds the following: (1) The phrase no taxation without representation was a rallying cry of many American colonists during the period of British rule in the 1760s and early 1770s. The slogan gained widespread notoriety after the passage of the Sugar Act on April 5, 1764. (2) American colonists increasingly resented being levied taxes without having actual legislators seated and voting in Parliament in London. The idea that there should be no taxation without representation dated back even further. Benjamin Franklin stated, it is suppos’d an undoubted Right of Englishmen not to be taxed but by their own Consent given thro’ their Representatives. . (3) This issue became even more defined in 1765 with the passage of the Stamp Act which was the first true attempt to levy a direct tax on the American colonies. Ultimately the tax was repealed, but the idea of no taxation without representation persisted. (4) Article I, section 2, clause 1 of the United States Constitution, states, The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. . (5) The Organic Act of 1801 placed Washington, DC, under the exclusive jurisdiction of the United States Congress and people in the District were no longer considered residents of Virginia or Maryland. (6) Many in Washington, DC, were immediately opposed to the idea of being taxed without congressional representation and over the years several congressional leaders introduced constitutional amendments to give the District of Columbia voting representation, though none were successful. (7) In 1898, Puerto Rico was acquired by the United States and currently has a Resident Commissioner with limited voting rights. Section 933 of the Internal Revenue Code of 1986 exempts bona fide citizens who are residents of Puerto Rico for the entire taxable year from Federal taxes on income earned in Puerto Rico. (8) On March 31, 1917, the United States took possession of the Virgin Islands and in 1927, the territory’s residents were granted citizenship. Under section 932 of the Internal Revenue Code of 1986, individuals who are bona fide residents of the United States Virgin Islands during the entire taxable year, and who fully pay all income tax liabilities to the United States Virgin Islands, are not subject to Federal income taxes on their income. (9) Guam was established as a territory of the United States after the passage of the Guam Organic Act of 1950. Under the provisions of section 935 of the Internal Revenue Code of 1986, residents of Guam are required to file tax returns with Guam, but not with the United States Federal Government and therefore the residents do not have to pay United States Federal income taxes. (10) The Commonwealth of the Northern Mariana Islands was established in 1975 after residents decided not to pursue independence, but instead they opted to enter into territory negotiations. The tax treatment of the Northern Mariana Islands is similar to the structure of Guam in that bona fide residents are not required to pay Federal income taxes. (11) American Samoa, which is technically considered unorganized because no Organic Acts have been passed by Congress, is governed by section 931 of the Internal Revenue Code of 1986. Under this section, bona fide year-round residents are exempt from Federal taxes on income they earn in Samoa, Guam, and Northern Mariana Islands, but are subject to Federal taxes on income earned elsewhere. (12) In keeping with the early history and democratic traditions of the United States, the principles established in the Constitution, and in conformance with the other territories of the United States which have delegates but no Representative, the residents of the District of Columbia should be exempt from paying United States Federal income taxes. 3. Exclusion from gross income for income from sources within the District of Columbia (a) In general Subpart D of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 938. Income from sources within the District of Columbia (a) General rule In the case of an individual who is a bona fide resident of the District of Columbia during the entire taxable year, gross income shall not include— (1) income derived from sources within the District of Columbia, and (2) income effectively connected with the conduct of a trade or business by such individual within the District of Columbia. (b) Deductions, etc. allocable to excluded amounts not allowable An individual shall not be allowed— (1) as a deduction from gross income any deductions (other than the deduction under section 151, relating to personal exemptions), or (2) any credit, properly allocable or chargeable against amounts excluded from gross income under this section. (c) Bona fide resident and other applicable rules For purposes of this section, rules similar to the rules of section 876, 937, 957(c), 3401(a)(8)(D), and 7654 shall apply. . (b) Clerical amendment The table of sections for subpart D of part III of subchapter N of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 938. Income from sources within the District of Columbia. . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2680ih/xml/BILLS-113hr2680ih.xml |
113-hr-2681 | I 113th CONGRESS 1st Session H. R. 2681 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Gohmert introduced the following bill; which was referred to the Committee on the Judiciary , 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 provide for the retrocession of the District of Columbia to Maryland, and for other purposes.
1. Short title This Act may be cited as the District of Columbia-Maryland Reunion Act . 2. Findings Congress finds the following: (1) Residents of Washington, DC, pay Federal income tax, but do not have voting members in the United States Congress. (2) Article I, section 2, clause 1 of the United States Constitution states that the House of Representatives shall be composed of members chosen every second year by the people of the several states. . (3) The Founding Fathers did not consider the proposed district that would become Washington, DC, a State under the Constitution, as evidenced when Alexander Hamilton offered an amendment to the Constitution during the New York ratification to provide full congressional representation to Washington, DC, but the convention rejected the amendment on July 22, 1788. Thomas Tredwell stated at the same convention that the plan for Washington, DC, departs from every principle of freedom because it did not give residents full representation in Congress. (4) Chief Justice Marshall held in Hepburn v. Ellzey in 1805 that the term states in Article I, section 2, clause 1 of the Constitution does not include Washington, DC, for representation purposes. (5) Seven Supreme Court Justices affirmed Chief Justice Marshall’s Hepburn reasoning in National Mut. Ins. Co. of Dist. of Col. v. Tidewater Transfer Co. in 1949. (6) A Democrat-controlled Congress in 1978 attempted to amend the Constitution to provide Washington, DC, with full congressional representation. The Committee on the Judiciary of the House of Representatives reported the resolution and stated that granting congressional representation to the District of Columbia as it is presently constituted would require a constitutional amendment, because statutory action alone will not suffice . (7) Proposals to grant Washington, DC, congressional representation will inevitably be challenged in court, calling into question the validity of any narrowly-passed legislation that a Washington, DC, member votes on and leaving Washington, DC, residents in a continued state of flux over their status. (8) Amending the Constitution requires two-thirds approval by each house of Congress and ratification by three-fourths of the States. In 1978, there was success in obtaining a favorable vote from two-thirds of both the House and the Senate on a constitutional amendment to provide Washington, DC, with full congressional representation, but the requirement for ratification by three-fourths of the States could not be obtained. (9) An alternative to a potentially lengthy and difficult constitutional amendment process is ceding Washington, DC, back to Maryland, just as an area of 31 square miles that was originally ceded by Virginia was returned to that State by Federal legislation in 1847, thereby ensuring that the portion of Washington, DC, in Virginia would have Senate and House representation. (10) In 1847, there was a desire to allow the District of Columbia land on the west side of the Potomac River that was not being used by the federal government to have its own proper representation in Congress. (11) Obtaining the desired representation for this portion of Washington, DC, would have required a constitutional amendment unless the land were given back to Virginia. (12) Instead of trying to pass a constitutional amendment, Congress in 1847 legislatively ceded back to Virginia from the District of Columbia the non-Federal land composed of 31 square miles on the west side of the Potomac River. (13) Accordingly, the District of Columbia would clearly and constitutionally have 2 Senators and a Representative with full voting rights by ceding the District of Columbia to Maryland after Maryland’s acceptance of such retrocession, while maintaining the exclusive legislative authority and control of Congress over the National Capital Service Area in the District of Columbia. 3. Retrocession of District of Columbia to Maryland (a) In general Upon the issuance of a proclamation by the President under section 8 and except as provided in subsection (b), the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States is ceded and relinquished to the State of Maryland. (b) Continuation of Federal control over National Capital Service Area Notwithstanding subsection (a), the National Capital Service Area described in section 5 shall not be ceded and relinquished to the State of Maryland and shall continue to serve as the permanent seat of the Government of the United States, and Congress shall continue to exercise exclusive legislative authority and control over such Area. 4. Effect on judicial proceedings in District of Columbia (a) Continuation of suits No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia on the effective date of this Act shall abate as a result of the enactment of this Act, but shall be transferred and shall proceed within such appropriate court of the State of Maryland as established under the laws or constitution of the State of Maryland. (b) Appeals An order or decision of any court of the District of Columbia for which no appeal has been filed as of the effective date of this Act shall be considered an order or decision of a court of the State of Maryland for purposes of appeal from and appellate review of such order or decision in an appropriate court of the State of Maryland. 5. National Capital Service Area (a) Description The National Capital Service Area referred to in section 3(b) is comprised of the principal Federal monuments, the White House, the United States Capitol, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the United States Capitol (but shall not include the District Building), and is more particularly described as the territory located within the following boundaries: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Nineteenth Street Northwest; thence north on Nineteenth Street Northwest to F Street Northwest; thence east on F Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to Tenth Street Northwest; thence north on Tenth Street Northwest to E Street Northwest; thence east on E Street Northwest to Ninth Street Northwest; thence south on Ninth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to C Street Northeast; thence east on C Street Northeast to Third Street Northeast; thence south on Third Street Northeast to Maryland Avenue Northeast; thence south and west on Maryland Avenue Northeast to Constitution Avenue Northeast; thence west on Constitution Avenue Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to East Capitol Street; thence east on East Capitol Street to Third Street Northeast; thence south on Third Street Northeast to Independence Avenue Southeast; thence west on Independence Avenue Southeast to Second Street Southeast; thence south on Second Street Southeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence north and west on Washington Avenue Southwest to the intersection of Independence Avenue Southwest and Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence south on Sixth Street Southwest to E Street Southwest; thence west on E Street Southwest to Seventh Street Southwest; thence north on Seventh Street Southwest to Maryland Avenue Southwest; thence west on Maryland Avenue Southwest to Ninth Street Southwest; thence north on Ninth Street Southwest to Independence Avenue Southwest; thence west on Independence Avenue Southwest to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; thence generally north and west up the Potomac River along the Virginia-District of Columbia boundary to the point of beginning. (b) Streets and sidewalks The National Capital Service Area shall include any street (and sidewalk thereof) that bounds such Area. (c) Affronting or abutting Federal real property (1) In general The National Capital Service Area shall include any Federal real property affronting or abutting such Area as of the effective date of this Act. (2) Property included For purposes of paragraph (1), Federal real property affronting or abutting the National Capital Service Area— (A) shall include the Department of Housing and Urban Development Building, the Department of Energy Building, Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and (B) shall not include any portion of Rock Creek Park, any portion of Anacostia Park east of the northern side of the Eleventh Street Bridge, or any territory not located in the District of Columbia on the day before the date of the enactment of this Act. 6. Transition provisions relating to House of Representatives (a) Temporary increase in apportionment (1) In general Until the taking effect of the first reapportionment occurring after the effective date of this Act— (A) the individual serving as the Delegate to the House of Representatives from the District of Columbia shall serve as a member of the House of Representatives from the State of Maryland; (B) the State of Maryland shall be entitled to 1 additional Representative until the taking effect of such reapportionment; and (C) such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (2) Increase not counted against total number of members The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13; 2 U.S.C. 2 ), nor shall such temporary increase affect the basis of reapportionment established by the Act of November 15, 1941 (55 Stat. 761; 2 U.S.C. 2a ), for the 82nd Congress and each Congress thereafter. (b) Repeal of laws providing for delegate from the District of Columbia (1) In general Sections 202 and 204 of the District of Columbia Delegate Act ( Public Law 91–405 ; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (2) Effective date The amendments made by this subsection shall take effect on the date on which the individual serving as the Delegate to the House of Representatives from the District of Columbia first serves as a member of the House of Representatives from the State of Maryland. 7. Effect on other laws No law or regulation which is in force on the effective date of this Act shall be deemed amended or repealed by this Act except to the extent specifically provided in this Act, or to the extent that such law or regulation is inconsistent with this Act. 8. Proclamation regarding acceptance of retrocession by Maryland (a) Proclamation by State of Maryland Not later than 30 days after the State of Maryland enacts legislation accepting the retrocession described in section 3(a), the President shall issue a proclamation announcing such acceptance and declaring that the territory ceded to Congress by the State of Maryland to serve as the District constituting the permanent seat of the Government of the United States has been ceded back to the State of Maryland. (b) Report by Congressional Budget Office on Economic Impact (1) In general The Director of the Congressional Budget Office shall prepare a report analyzing the anticipated economic impact on the State of Maryland of the State's acceptance of the retrocession described in section 3(a), including the anticipated effect on the budgets of the State government and local governments, and shall submit the report to Congress and the governor of Maryland. (2) Delay in enactment of legislation The State of Maryland may not enact legislation accepting the retrocession described in section 3(a) until the expiration of the 1-year period which begins on the date the Director of the Congressional Budget Office submits the report prepared under paragraph (1) to the governor of Maryland. 9. Effective date The provisions of this Act and the amendments made by this Act shall take effect on the date the President issues a proclamation under section 8 or the date of the ratification of an amendment to the Constitution of the United States repealing the twenty-third article of amendment to the Constitution, whichever comes later. | https://www.govinfo.gov/content/pkg/BILLS-113hr2681ih/xml/BILLS-113hr2681ih.xml |
113-hr-2682 | I 113th CONGRESS 1st Session H. R. 2682 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Graves of Georgia (for himself, Mr. Bridenstine , Mr. Massie , Mr. Stockman , Mr. Jones , Mr. Collins of Georgia , Mr. Cotton , Mr. Palazzo , Mr. Broun of Georgia , Mr. Duncan of South Carolina , Mr. Pittenger , Mr. Hensarling , Mr. Lamborn , Mr. Meadows , Mr. Cassidy , Mr. Roe of Tennessee , Mr. LaMalfa , Mr. Westmoreland , Mr. Wenstrup , Mr. Hudson , Mr. Miller of Florida , Mr. Gingrey of Georgia , Mr. Farenthold , Mr. Mulvaney , Mr. Wittman , Mr. Barton , Mr. Olson , Mr. Hall , Mrs. Bachmann , Mr. Chabot , Mr. Culberson , Mr. Fleming , Mr. King of Iowa , Mr. DeSantis , Mr. Huelskamp , Mr. Posey , Mr. Bilirakis , Mr. Scalise , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Education and the Workforce , Natural Resources , the Judiciary , and House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the funding of the Patient Protection and Affordable Care Act.
1. Short title This Act may be cited as the Defund Obamacare Act of 2013 . 2. Prohibition on funding (a) In general Notwithstanding any other provision of law, no Federal funds shall be made available to carry out any provisions of the Patient Protection and Affordable Care Act (Public Law 111–148) or title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or of the amendments made by either such Act. (b) Limitation No entitlement to benefits under any provision of the Patient Protection and Affordable Care Act (Public Law 111–148) or title I and subtitle B of title II of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or the amendments made by either such Act, shall remain in effect on and after the date of the enactment of this Act, nor shall any payment be awarded, owed, or made to any State, District, or territory under any such provision. (c) Unobligated balances Notwithstanding any other provision of law, all unobligated balances available under the provisions of law referred to in subsection (a) are hereby rescinded. | https://www.govinfo.gov/content/pkg/BILLS-113hr2682ih/xml/BILLS-113hr2682ih.xml |
113-hr-2683 | I 113th CONGRESS 1st Session H. R. 2683 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Griffin of Arkansas (for himself, Mr. Brady of Texas , Mr. Tiberi , Mr. Reichert , Mr. Roskam , Mr. Young of Indiana , and Mr. Reed ) 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 impose recordkeeping requirements on the Internal Revenue Service to substantiate costs incurred in carrying out its responsibilities.
1. Short title This Act may be cited as the IRS Equal Treatment Act of 2013 . 2. Imposition of recordkeeping requirements on the Internal Revenue Service to substantiate costs incurred in carrying out its responsibilities (a) In general Section 7804 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (d) Substantiation required (1) In general With respect to incurring any expense in the course of carrying out official duties and responsibilities, each officer and employee of the Internal Revenue Service shall substantiate by adequate records or by sufficient evidence corroborating the officer’s or employee’s own statement— (A) the amount of such expense or other item, (B) the time and place of any travel, entertainment, amusement, recreation, or use of any facility or property, (C) the business purpose of such expense or other item, and (D) the business relationship to the Internal Revenue Service of persons entertained or using the facility or property. (2) Joint and several liability for failure to meet recordkeeping requirement (A) In general Any officer or employee of the United States who fails to meet the requirements of section 7804(d), and any officer or employee of the United States who authorized the program, project, or activity in which an officer or employee fails to meet the requirements of section 7804(d), shall be jointly and severally liable for all expenses with respect to which such requirements were not met. (B) Burden of proof If the officer and employee of the Internal Revenue Service provides credible evidence with respect to any factual issue relevant to ascertaining the liability of the officer or employee for any failure described in paragraph (1), the Secretary shall have the burden of proof with respect to such issue. (3) Regulations The Secretary may by regulations provide that some or all of the requirements of the preceding sentence shall not apply in the case of an expense which does not exceed an amount prescribed pursuant to such regulations. Such regulations shall be substantially similar to the regulations under section 274(d). (4) Qualified nonpersonal use of vehicle This subsection shall not apply to any qualified nonpersonal use vehicle (as defined in section 274(i)). . (b) Annual audit of records Subsection (d) of section 7803 of such Code is amended by striking and at the end of subparagraph (F), by striking the period at the end of subparagraph (G) and inserting ; and , and inserting after subparagraph (G) the following: (H) a review of the expense substantiation records required by section 7804(d). . (c) Effective date The amendments made by this section shall apply with respect to expenses incurred and items procured after 90 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2683ih/xml/BILLS-113hr2683ih.xml |
113-hr-2684 | I 113th CONGRESS 1st Session H. R. 2684 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Lynch (for himself, Mr. Cartwright , and Mr. Danny K. Davis of Illinois ) 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 Director of the Federal Bureau of Investigation to report and obtain court approval for broad telephony metadata collection searches, and for other purposes.
1. Short Title This Act may be cited as the Telephone Surveillance Accountability Act of 2013 . 2. Limits on Searching Telephony Metadata in the Foreign Intelligence Surveillance Act of 1978 Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new subsection: (i) Limits on Searching Telephony Metadata (1) Court Approval for Searching Telephony Metadata No person may search telephony metadata acquired pursuant to a production order under subsection (a)(1) unless— (A) the Director of the Federal Bureau of Investigation makes an application to a judge of the court established by section 103(a) that includes a statement of facts showing that there is a reasonable, articulable suspicion that the basis of the search is material and specifically relevant to an authorized investigation; and (B) the judge finds that there is a reasonable, articulable suspicion that the basis of the search is material and specifically relevant to an authorized investigation and enters an order authorizing such search. (2) Definitions In this subsection: (A) The term production order means an order to produce any tangible thing under this section. (B) The term telephony metadata means communications routing information, including session identifying information, an original or terminating telephone number, an International Mobile Subscriber Identity, an International Mobile Station Equipment Identity, a trunk identifier, a telephone calling card number, and the time or duration of a call. . 3. Congressional Oversight for Production Orders of Telephony Metadata in the Foreign Intelligence Surveillance Act of 1978 Section 502 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new subsection: (d) The Director of the Federal Bureau of Investigation shall monthly submit to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate a report describing each search made during the preceding month of telephony metadata pursuant to an order under section 501(i)(1)(B). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2684ih/xml/BILLS-113hr2684ih.xml |
113-hr-2685 | I 113th CONGRESS 1st Session H. R. 2685 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. McNerney (for himself and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To incorporate smart grid capability into the Energy Star Program, to reduce peak electric demand, to reauthorize a energy efficiency public information program to include Smart Grid information, and for other purposes.
1. Short title This Act may be cited as the Smart Grid Advancement Act of 2013 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Applicable baseline The term applicable baseline means the average of the highest three annual peak demands a load-serving entity has experienced during the 5 years immediately prior to the date of enactment of this Act. (3) Commission The term Commission means the Federal Energy Regulatory Commission. (4) Load-serving entity The term load-serving entity means an entity that provides electricity directly to retail consumers with the responsibility to assure power quality and reliability, including such entities that are investor-owned, publicly owned, owned by rural electric cooperatives, or other entities. (5) Peak demand The term peak demand means the highest point of electricity demand, net of any distributed electricity generation or storage from sources on the load-serving entity’s customers’ premises, during any hour on the system of a load-serving entity during a calendar year, expressed in megawatts (MW), or more than one such high point as a function of seasonal demand changes. (6) Peak demand reduction The term peak demand reduction means the reduction in annual peak demand as compared to a previous baseline year or period, expressed in megawatts (MW), whether accomplished by— (A) diminishing the end-use requirements for electricity; (B) use of locally stored energy or generated electricity to meet those requirements from distributed resources on the load-serving entity’s customers’ premises and without use of high-voltage transmission; or (C) energy savings from efficient operation of the distribution grid resulting from the use of a Smart Grid. (7) Peak demand reduction plan The term peak demand reduction plan means a plan developed by or for a load-serving entity that it will implement to meet its peak demand reduction goals. (8) Peak period The term peak period means the time period on the system of a load-serving entity relative to peak demand that may warrant special measures or electricity resources to maintain system reliability while meeting peak demand. (9) Secretary The term Secretary means the Secretary of Energy. (10) Smart Grid The term Smart Grid has the meaning provided by section 1301 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17381 ). 3. Assessment of Smart Grid cost effectiveness in products (a) Assessment Not later than 1 year after the date of enactment of this Act, the Secretary and the Administrator shall each assess the potential for cost-effective integration of Smart Grid technologies and capabilities in all products that are reviewed by the Department of Energy and the Environmental Protection Agency, respectively, for potential designation as Energy Star products. (b) Analysis (1) Not later than 2 years after the date of enactment of this Act, the Secretary and the Administrator shall each prepare an analysis of the potential energy savings, greenhouse gas emission reductions, and electricity cost savings that could accrue for each of the products identified by the assessment in subsection (a) in the following optimal circumstances: (A) The products possessed Smart Grid capability and interoperability that is tested and proven reliable. (B) The products were utilized in an electricity utility service area which had Smart Grid capability and offered customers rate or program incentives to use the products. (C) The utility’s rates reflected national average costs, including average peak and valley seasonal and daily electricity costs. (D) Consumers using such products took full advantage of such capability. (E) The utility avoided incremental investments and rate increases related to such savings. (2) The analysis under paragraph (1) shall be considered the best case Smart Grid analysis. On the basis of such an analysis for each product, the Secretary and the Administrator shall determine whether the installation of Smart Grid capability for such a product would be cost effective. For purposes of this paragraph, the term cost effective means that the cumulative savings from using the product under the best case Smart Grid circumstances for a period of one-half of the product’s expected useful life will be greater than the incremental cost of the Smart Grid features included in the product. (3) To the extent that including Smart Grid capability in any products analyzed under paragraph (2) is found to be cost effective in the best case, the Secretary and the Administrator shall, not later than 3 years after the date of enactment of this Act take each of the following actions: (A) Inform the manufacturer of such product of such finding of cost effectiveness. (B) Assess the potential contributions the development and use of products with Smart Grid technologies bring to reducing peak demand and promoting grid stability. (C) Assess the potential national energy savings and electricity cost savings that could be realized if Smart Grid potential were installed in the relevant products reviewed by the Energy Star program. (D) Assess and identify options for providing consumers information on products with Smart Grid capabilities, including the necessary conditions for cost-effective savings. (E) Submit a report to Congress summarizing the results of the assessment for each class of products, and presenting the potential energy and greenhouse gas savings that could result if Smart Grid capability were installed and utilized on such products. 4. Inclusions of Smart Grid capability on appliance ENERGY GUIDE labels Section 324(a)(2) of the Energy Policy and Conservation Act ( 42 U.S.C. 6294(a)(2) ) is amended by adding the following at the end: (J) (i) Not later than 1 year after the date of enactment of this subparagraph, the Federal Trade Commission shall initiate a rulemaking to consider making a special note in a prominent manner on any ENERGY GUIDE label for any product actually including Smart Grid capability that— (I) Smart Grid capability is a feature of that product; (II) the use and value of that feature depended on the Smart Grid capability of the utility system in which the product was installed and the active utilization of that feature by the customer; and (III) on a utility system with Smart Grid capability, the use of the product’s Smart Grid capability could reduce the customer’s cost of the product’s annual operation by an estimated dollar amount range representing the result of incremental energy and electricity cost savings that would result from the customer taking full advantage of such Smart Grid capability. (ii) Not later than 3 years after the date of enactment of this subparagraph, the Commission shall complete the rulemaking initiated under clause (i). . 5. Smart Grid peak demand reduction goals (a) Goals Not later than 1 year after the date of enactment of this section, each load-serving entity, or, at the option of the State, each State with respect to load-serving entities that the State regulates, shall determine and publish peak demand reduction goals for any load-serving entities that have an applicable baseline in excess of 250 megawatts. (b) Baselines (1) The Commission, in consultation with the Secretary and the Administrator, shall develop and publish, after an opportunity for public comment, but not later than 180 days after the date of enactment of this section, a methodology to provide for adjustments or normalization to a load-serving entity’s applicable baseline over time to reflect changes in the number of customers served, weather conditions, general economic conditions, and any other appropriate factors external to peak demand management, as determined by the Commission. (2) The Commission shall support load-serving entities (including any load-serving entities with an applicable baseline of less than 250 megawatts that volunteer to participate) in determining their applicable baselines and in developing their peak demand reduction goals. (3) The Secretary, in consultation with the Commission, the Administrator, and the North American Electric Reliability Corporation, shall develop a system and rules for measurement and verification of demand reductions. (c) Peak demand reduction goals (1) Peak demand reduction goals may be established for an individual load-serving entity, or, at the determination of a State, tribal, or regional entity, by that State, tribal, or regional entity for a larger region that shares a common system peak demand and for which peak demand reduction measures would offer regional benefit. (2) A State or regional entity establishing peak demand reduction goals shall cooperate, as necessary and appropriate, with the Commission, the Secretary, State regulatory commissions, State energy offices, the North American Electric Reliability Corporation, and other relevant authorities. (3) In determining the applicable peak demand reduction goals— (A) States and other jurisdictional entities may utilize the results of the 2009 National Assessment of Demand Response Potential, as authorized by section 571 of the National Energy Conservation Policy Act ( 42 U.S.C. 8279 ); and (B) the relative economics of peak demand reduction and generation required to meet peak demand shall be evaluated in a neutral and objective manner. (4) The applicable peak demand reduction goals shall provide that— (A) load-serving entities will reduce or mitigate peak demand by a minimum percentage amount from the applicable baseline to a lower peak demand during calendar year 2015; (B) load-serving entities will reduce or mitigate peak demand by a minimum percentage greater amount from the applicable baseline to a lower peak demand during calendar year 2018; and (C) the minimum percentage reductions established as peak demand reduction goals shall be the maximum reductions that are realistically achievable with an aggressive effort to deploy Smart Grid and peak demand reduction technologies and methods, including those listed in subsection (d). (d) Plan Each load-serving entity shall prepare a peak demand reduction plan that demonstrates its ability to meet each applicable goal by any or a combination of the following options: (1) Direct reduction in megawatts of peak demand through— (A) energy efficiency measures (including efficient transmission wire technologies which significantly reduce line loss compared to traditional wire technology) with reliable and continued application during peak demand periods; or (B) use of a Smart Grid. (2) Demonstration that an amount of megawatts equal to a stated portion of the applicable goal is contractually committed to be available for peak reduction through one or more of the following: (A) Megawatts enrolled in demand response programs. (B) Megawatts subject to the ability of a load-serving entity to call on demand response programs, smart appliances, smart electricity or energy storage devices, distributed generation resources on the entity’s customers’ premises, or other measures directly capable of actively, controllably, reliably, and dynamically reducing peak demand ( dynamic peak management control ). (C) Megawatts available from distributed dynamic electricity or energy storage under agreement with the owner of that storage. (D) Megawatts committed from dispatchable distributed generation demonstrated to be reliable under peak period conditions and in compliance with air quality regulations. (E) Megawatts available from smart appliances and equipment with Smart Grid capability available for direct control by the utility through agreement with the customer owning the appliances or equipment or with a third party pursuant to such agreements. (F) Megawatts from a demonstrated and assured minimum of distributed solar electric generation capacity in instances where peak period and peak demand conditions are directly related to solar radiation and accompanying heat. (3) If any of the methods listed in subparagraph (C), (D), or (E) of paragraph (2) are relied upon to meet its peak demand reduction goals, the load-serving entity must demonstrate this capability by operating a test during the applicable calendar year. (4) Nothing in this section shall require the publication in peak demand reduction goals or in any peak demand reduction plan of any information that is confidential for competitive or other reasons or that identifies individual customers. (e) Existing authority and requirements Nothing in this section diminishes or supersedes any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting peak demand management, demand response, distributed energy storage, use of distributed generation, or the regulation of load-serving entities. The Commission, in consultation with States and Indian tribes having such peak demand management, demand response, and distributed energy storage programs, shall to the extent practicable, facilitate coordination between the Federal program and such State and tribal programs. (f) Relief The Commission may, for good cause, grant relief to load-serving entities from the requirements of this section. (g) Other laws Except as provided in subsections (e) and (f), no law or regulation shall relieve any person of any requirement otherwise applicable under this section. (h) Compliance (1) The Commission shall, not later than 1 year after the date of enactment of this Act, establish a public Web site where the Commission shall provide information and data demonstrating compliance by States, Indian tribes, regional entities, and load-serving entities with this section, including the success of load-serving entities in meeting applicable peak demand reduction goals. (2) The Commission shall, by April 1 of each year beginning in 2015, provide a report to Congress on compliance with this section and success in meeting applicable peak demand reduction goals and, as appropriate, shall make recommendations as to how to increase peak demand reduction efforts. (3) The Commission shall note in each such report any State, political subdivision of a State, or load-serving entity that has failed to comply with this section, or is not a part of any region or group of load-serving entities serving a region that has complied with this section. (4) The Commission shall have and exercise the authority to take reasonable steps to modify the process of establishing peak demand reduction goals and to accept adjustments to them as appropriate when sought by load-serving entities. (i) Assistance and funding (1) Assistance The Secretary may make grants to States and to other entities with responsibilities to be carried out under the Act to offset any documented costs of carrying out such responsibilities to the extent such costs are deemed burdensome or extraordinary by the Secretary. (2) Funding There are authorized to be appropriated such sums as may be necessary to the Commission, the Secretary, and the Administrator to carry out the provisions of this Act. 6. Reauthorization of energy efficiency public information program to include Smart Grid information (a) In general Section 134 of the Energy Policy Act of 2005 ( 42 U.S.C. 15832 ) is amended as follows: (1) By amending the section heading to read as follows: Energy efficiency and Smart Grid public information initiative . (2) In paragraph (1) of subsection (a), by striking reduce energy consumption during the 4-year period beginning on the date of enactment of this Act and inserting increase energy efficiency and to adopt Smart Grid technology and practices . (3) In paragraph (2) of subsection (a), by striking benefits to consumers of reducing and inserting economic and environmental benefits to consumers and the United States of optimizing . (4) In subsection (a), by inserting at the beginning of paragraph (3) the effect of energy efficiency and Smart Grid capability in reducing energy and electricity prices throughout the economy, together with . (5) In subsection (a)(4), by redesignating subparagraph (D) as subparagraph (E), by striking and at the end of subparagraph (C), and by inserting after subparagraph (C) the following: (D) purchasing and utilizing equipment that includes Smart Grid features and capability; and . (6) In subsection (c), by striking Not later than July 1, 2009,” and inserting, “For each year when appropriations pursuant to the authorization in this section exceed $10,000,000, . (7) In subsection (d) by striking 2010 and inserting 2022 . (8) In subsection (e) by striking 2010 and inserting 2022 . (b) Table of contents The item relating to section 134 in the table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended to read as follows: Sec. 134. Energy efficiency and Smart Grid public information initiative. . 7. Inclusion of Smart Grid features in appliance rebate program (a) Amendments Section 124 of the Energy Policy Act of 2005 ( 42 U.S.C. 15821 ) is amended as follows: (1) By amending the section heading to read as follows: Energy efficient and smart appliance rebate program . . (2) By redesignating paragraphs (4) and (5) of subsection (a) as paragraphs (5) and (6), respectively, and inserting after paragraph (3) the following: (4) Smart appliance The term smart appliance means a product that the Administrator of the Environmental Protection Agency or the Secretary of Energy has determined qualifies for such a designation in the Energy Star program pursuant to section 3 of the Smart Grid Advancement Act of 2013, or that the Secretary or the Administrator has separately determined includes the relevant Smart Grid capabilities listed in section 1301 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381). . (3) In subsection (b)(1) by inserting and smart after efficient and by inserting after products the first place it appears , including products designated as being smart appliances . (4) In subsection (b)(3), by inserting the administration of after carry out . (5) In subsection (d), by inserting the administration of after carrying out and by inserting , and up to 100 percent of the value of the rebates provided pursuant to this section before the period at the end. (6) In subsection (e)(3), by inserting , with separate consideration as applicable if the product is also a smart appliance, after Energy Star product the first place it appears and by inserting or smart appliance before the period at the end. (7) In subsection (f), by striking $50,000,000 through the period at the end and inserting $100,000,000 for each fiscal year from 2014 through 2019. . (b) Table of contents The item relating to section 124 in the table of contents for the Energy Policy Act of 2005 (42 U.S.C. 15801 and following) is amended to read as follows: Sec. 124. Energy efficient and smart appliance rebate program. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2685ih/xml/BILLS-113hr2685ih.xml |
113-hr-2686 | I 113th CONGRESS 1st Session H. R. 2686 IN THE HOUSE OF REPRESENTATIVES July 11, 2013 Mr. Schrader (for himself, Mr. Reed , Mr. Bera of California , Mr. Coffman , Mr. Cooper , Mr. Dent , Mr. Gibson , Mr. Griffin of Arkansas , Ms. Kuster , Mr. Lowenthal , Mr. Matheson , Mr. Nolan , Mr. Peters of California , Mr. Petri , Mr. Ribble , Mr. Ruiz , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend title 31, United States Code, to provide that the President’s annual budget submission to Congress list the current fiscal year spending level for each proposed program and a separate amount for any proposed spending increases, and for other purposes.
1. Current service level budgeting amendments (a) President’s budget submission Section 1105 of title 31, United States Code, is amended as follows: (1) In subsection (a)— (A) by striking (37) the list and inserting (39) the list ; and (B) by adding at the end the following: (40) a list of each program, and the proposed funding level for such program, that will be a one-time expense for the fiscal year for which the budget is submitted. (41) in addition to the performance standards requirements of paragraph (28), a proposal, by budget function and agency, for spending reductions in spending for each of the 4 fiscal years after the fiscal year for which the budget is submitted. . (2) By adding at the end the following: (i) (1) Notwithstanding any other provision of this chapter, with respect to each item in the budget submitted under this section that is being conducted in the current fiscal year, the President shall provide the following: (A) The amount appropriated or otherwise made available for such item in such year. (B) The amount (if any) of a proposed adjustment in the funding level for such item and the justification for such change. (2) If the President proposes an adjustment under paragraph (1)(B) that will result in an increase in funding with respect to an item in the budget, the President shall include with such proposal the following: (A) The amount of such adjustment which is a result of inflation. (B) The amount of such adjustment that is a result of an increase in salaries or benefits for employees. . (b) Current programs and activities estimates Section 1109 of title 31, United States Code, is amended as follows: (1) In subsection (a)— (A) in the first sentence, by striking were carried and all that follows through change in policy and inserting received the same amount of budget authority as provided in the current fiscal year ; and (B) in the third sentence, by striking The President and inserting Consistent with the requirements of subsection (c), the President . (2) By adding at the end the following: (c) With respect to each program listed under subsection (a), the President shall provide— (1) the amount appropriated or otherwise made available for such program in the current fiscal year; and (2) a separate amount (if any) of the expected increase in the following fiscal year for such program due to inflation, pay increases, or benefit increases. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2686ih/xml/BILLS-113hr2686ih.xml |
113-hr-2687 | I 113th CONGRESS 1st Session H. R. 2687 IN THE HOUSE OF REPRESENTATIVES July 15, 2013 Mr. Palazzo (for himself and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To authorize the programs of the National Aeronautics and Space Administration, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the National Aeronautics and Space Administration Authorization 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. Definitions. Title I—Authorization of Appropriations Sec. 101. Fiscal year 2014. Sec. 102. Fiscal year 2015. Sec. 103. Budget control. Title II—Human Space Flight Subtitle A—Exploration Sec. 201. Space exploration policy. Sec. 202. Stepping stone approach to exploration. Sec. 203. Space Launch System. Sec. 204. Orion crew capsule. Sec. 205. Advanced booster competition. Subtitle B—Space Operations Sec. 211. Findings. Sec. 212. International Space Station. Sec. 213. Commercial crew report. Sec. 214. Flight readiness demonstration. Sec. 215. Certification Products Contract phase two. Sec. 216. Space communications. Title III—Science Subtitle A—General Sec. 301. Science portfolio. Sec. 302. Assessment of science mission extensions. Sec. 303. Radioisotope thermoelectric generators. Sec. 304. Congressional declaration of policy and purpose. Subtitle B—Astrophysics Sec. 311. Decadal cadence. Sec. 312. Extrasolar planet exploration strategy. Sec. 313. James Webb Space Telescope. Sec. 314. Wide-Field Infrared Survey Telescope. Sec. 315. National Reconnaissance Office telescope donation. Subtitle C—Planetary Science Sec. 321. Decadal cadence. Sec. 322. Near-Earth objects. Sec. 323. Astrobiology strategy. Sec. 324. Public-private partnerships. Subtitle D—Heliophysics Sec. 331. Decadal cadence. Sec. 332. Review of space weather. Sec. 333. Deep Space Climate Observatory. Subtitle E—Earth Science Sec. 341. Goal. Sec. 342. Decadal cadence. Sec. 343. Research to operations. Sec. 344. Interagency coordination. Sec. 345. Joint Polar Satellite System climate sensors. Sec. 346. Land imaging. Sec. 347. Sources of Earth science data. Title IV—Aeronautics Sec. 401. Sense of Congress. Sec. 402. Unmanned aerial systems research and development. Sec. 403. Research program on composite materials used in aeronautics. Sec. 404. Hypersonic research. Sec. 405. Supersonic research. Sec. 406. Research on NextGen airspace management concepts and tools. Sec. 407. Rotorcraft research. Title V—Space Technology Sec. 501. Space technology. Title VI—Education Sec. 601. Education. Title VII—Policy Provisions Sec. 701. Asteroid Retrieval Mission. Sec. 702. Termination liability. Sec. 703. Indemnification extension. Sec. 704. Baseline and cost controls. Sec. 705. Project and program reserves. Sec. 706. Independent reviews. Sec. 707. Space Act Agreements. Sec. 708. Human spaceflight accident investigations. Sec. 709. Commercial technology transfer program. Sec. 710. Orbital debris. Sec. 711. NASA leadership. Sec. 712. NASA Advisory Council. Sec. 713. Cost estimation. 2. Definitions In this Act: (1) Administration The term Administration means the National Aeronautics and Space Administration. (2) Administrator The term Administrator means the Administrator of the Administration. (3) Orion crew capsule The term Orion crew capsule refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (4) Space Act Agreement The term Space Act Agreement means an agreement created under the authority to enter into other transactions under section 20113(e) of title 51, United States Code. (5) Space Launch System The term Space Launch System refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322 ). I Authorization of Appropriations 101. Fiscal year 2014 There are authorized to be appropriated to the Administration for fiscal year 2014 $16,865,200,000 as follows: (1) For Space Exploration, $4,007,400,000, of which— (A) $1,802,400,000 shall be for the Space Launch System; (B) $1,200,000,000 shall be for the Orion crew capsule; (C) $305,000,000 shall be for Exploration Research and Development; and (D) $700,000,000 shall be for Commercial Crew Development activities. (2) For Space Operations, $3,817,900,000, of which— (A) $2,984,100,000 shall be for the International Space Station Program; and (B) $833,800,000 shall be for Space and Flight Support. (3) For Science, $4,626,900,000, of which— (A) $1,200,000,000 shall be for Earth Science; (B) $1,500,000,000 shall be for Planetary Science, of which $30,000,000 shall be for the Astrobiology Institute; (C) $642,300,000 shall be for Astrophysics; (D) $658,200,000 shall be for the James Webb Space Telescope; and (E) $626,400,000 shall be for Heliophysics. (4) For Aeronautics, $565,700,000. (5) For Space Technology, $500,000,000. (6) For Education, $125,000,000. (7) For Cross-Agency Support, $2,600,000,000, of which— (A) $2,000,000,000 shall be for Center Management and Operations; and (B) $600,000,000 shall be for Agency Management and Operations. (8) For Construction and Environmental Compliance and Restoration, $587,000,000, of which— (A) $542,000,000 shall be for Construction and Facilities; and (B) $45,000,000 shall be for Environmental Compliance and Restoration. (9) For Inspector General, $35,300,000. 102. Fiscal year 2015 There are authorized to be appropriated to the Administration for fiscal year 2015 $16,865,200,000 as follows: (1) For Space Exploration, $4,007,400,000, of which— (A) $1,802,400,000 shall be for the Space Launch System; (B) $1,200,000,000 shall be for the Orion crew capsule; (C) $305,000,000 shall be for Exploration Research and Development; and (D) $700,000,000 shall be for Commercial Crew Development activities. (2) For Space Operations, $3,817,900,000, of which— (A) $2,984,100,000 shall be for the International Space Station Program; and (B) $833,800,000 shall be for Space and Flight Support. (3) For Science, $4,626,900,000, of which— (A) $1,200,000,000 shall be for Earth Science; (B) $1,500,000,000 shall be for Planetary Science, of which $30,000,000 shall be for the Astrobiology Institute; (C) $642,300,000 shall be for Astrophysics; (D) $658,200,000 shall be for the James Webb Space Telescope; and (E) $626,400,000 shall be for Heliophysics. (4) For Aeronautics, $565,700,000. (5) For Space Technology, $500,000,000. (6) For Education, $125,000,000. (7) For Cross-Agency Support, $2,600,000,000, of which— (A) $2,000,000,000 shall be for Center Management and Operations; and (B) $600,000,000 shall be for Agency Management and Operations. (8) For Construction and Environmental Compliance and Restoration, $587,000,000, of which— (A) $542,000,000 shall be for Construction and Facilities; and (B) $45,000,000 shall be for Environmental Compliance and Restoration. (9) For Inspector General, $35,300,000. 103. Budget control The amounts authorized to be appropriated to the Administration for fiscal years 2014 and 2015 are consistent with the Budget Control Act of 2011 ( Public Law 112–25 ). If such Act is repealed or replaced with an Act that increases allocations, there are authorized to be appropriated to the Administration such sums as that increase allows, with increases allocated as follows: (1) One-third of such increase shall be for the International Space Station Program. (2) One-third of such increase shall be for the Space Launch System. (3) One-third of such increase shall be divided evenly between— (A) Commercial Crew Development activities; and (B) the Orion crew capsule. II Human Space Flight A Exploration 201. Space exploration policy (a) Findings Congress finds the following: (1) Congress supports a human exploration program that is not critically dependent on the achievement of milestones by fixed dates and an exploration technology development program to enable lunar human and robotic operations, as described in paragraphs (1) and (2) of section 70502 of title 51, United States Code. (2) Congress supports the expansion of permanent human presence beyond low-Earth orbit, in a manner involving international partners where practical. (3) Congress remains committed to ensuring that authorized budgets for the human space flight program should allow the Administration to maintain high safety standards. (4) Exploration deeper into the solar system should be the core mission of the Administration. (5) Congress strongly supports the development of the Space Launch System and the Orion crew capsule as the enabling elements for human exploration, advanced scientific missions, and national security priorities beyond low-Earth orbit. (b) Policy It is the policy of the United States that the development of capabilities and technologies necessary for human missions to lunar orbit, the surface of the Moon, the surface of Mars, and beyond shall be the goal of the Administration’s human space flight program. (c) Vision for space exploration Section 20302 of title 51, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Administrator shall establish a program to develop a sustained human presence on the Moon and the surface of Mars, including a robust precursor program that follows the stepping stone plan required in section 70504 to promote exploration, science, commerce, and United States preeminence in space. The Administrator is further authorized to develop and conduct appropriate international collaborations in pursuit of such program, but the absence of an international partner may not be justification for failure to pursue such program in a timely manner. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Returning Americans to the Moon. ; (B) by striking paragraph (2) and inserting the following: (2) Launching the first crewed mission of the fully integrated Orion crew capsule with the Space Launch System as close to 2020 as possible. ; and (C) in paragraph (4), by striking from Mars and and inserting from the Moon, Mars, and ; and (3) by adding at the end the following: (c) Definitions In this section: (1) Orion crew capsule The term Orion crew capsule refers to the multipurpose crew vehicle described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (2) Space Launch System The term Space Launch System refers to the follow-on Government-owned civil launch system developed, managed, and operated by the Administration to serve as a key component to expand human presence beyond low-Earth orbit, as described in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322). . (d) Key objectives Section 202(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18312(b) ) is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) to accelerate the development of capabilities to enable a human exploration mission to the surface of Mars and beyond through the prioritization of those technologies and capabilities best suited for such a mission in accordance with the Mars Human Exploration Roadmap under section 70504 of title 51, United States Code. . (e) Use of non-United States human space flight transportation capabilities Section 201(a) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18311(a) ) is amended to read as follows: (a) Use of non-United States human space flight transportation capabilities (1) In general NASA may not obtain non-United States human space flight capabilities unless no domestic commercial provider is available to provide such capabilities. (2) Definition For purposes of this subsection, the term domestic commercial provider means a person providing space transportation services or other space-related activities, the majority control of which is held by persons other than a Federal, State, local, or foreign government, foreign company, or foreign national. . (f) Repeal of Space Shuttle capability assurance Section 203 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18313 ) is amended— (1) by striking subsection (b); (2) in subsection (d), by striking subsection (c) and inserting subsection (b) ; and (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. 202. Stepping stone approach to exploration (a) In general Section 70504 of title 51, United States Code, is amended to read as follows: 70504. Stepping stone approach to exploration (a) In general In order to maximize the cost effectiveness of the long-term space exploration and utilization activities of the United States, the Administrator shall direct the Human Exploration and Operations Mission Directorate to develop a Mars Human Exploration Roadmap to define the specific capabilities and technologies necessary to extend human presence to the surface of Mars and the mission sets required to demonstrate such capabilities and technologies. (b) Roadmap requirements In developing the Mars Human Exploration Roadmap, the Administrator shall— (1) include the specific set of capabilities and technologies required to extend human presence to the surface of Mars and the mission sets necessary to demonstrate the proficiency of these capabilities and technologies with an emphasis on using the International Space Station, lunar landings, cis-lunar space, trans-lunar space, Lagrangian points, and the natural satellites of Mars, Phobos and Deimos, as testbeds, as necessary, and shall include the most appropriate process for developing such capabilities and technologies; (2) provide a specific process for the evolution of the capabilities of the fully integrated Orion crew capsule with the Space Launch System and how these systems demonstrate the capabilities and technologies described in paragraph (1); (3) provide a description of the capabilities and technologies that could be demonstrated or research data that could be gained through the utilization of the International Space Station and the status of the development of such capabilities and technologies; (4) describe a framework for international cooperation in the development of all technologies and capabilities required in this section, as well as an assessment of the risks posed by relying on international partners for capabilities and technologies on the critical path of development; (5) describe a process for utilizing nongovernmental entities for future human exploration beyond trans-lunar space and specify what, if any, synergy could be gained from— (A) partnerships using Space Act Agreements (as defined in section 2 of the National Aeronautics and Space Administration Authorization Act of 2013 ); or (B) other acquisition instruments; and (6) include in the Roadmap an addendum from the NASA Advisory Council, and an addendum from the Aerospace Safety Advisory Panel, each with a statement of review of the Roadmap that shall include— (A) subjects of agreement; (B) areas of concern; and (C) recommendations. (c) Updates The Administrator shall update such Roadmap at least every 4 years and include it in the budget for that fiscal year transmitted to Congress under section 1105(a) of title 31, and describe— (1) the achievements and goals reached in the process of developing such capabilities and technologies during the 4-year period prior to the submission of the Roadmap to Congress; and (2) the expected goals and achievements in the following 4-year period. (d) Definitions The terms Orion crew capsule and Space Launch System have the meanings given such terms in section 20302. . (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a copy of the Mars Human Exploration Roadmap developed under section 70504 of title 51, United States Code, to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (2) Updates The Administrator shall transmit a copy of each updated Mars Human Exploration Roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 7 days after such Roadmap is updated under section 70504(b)(6) of such title. 203. Space Launch System (a) Findings Congress finds that— (1) the Space Launch System is the most practical approach to reaching the Moon, Mars, and beyond, and Congress reaffirms the policy and minimum capability requirements for the Space Launch System contained in section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322 ); (2) the primary goal for the design of the fully integrated Space Launch System is to safely carry a total payload of 130 tons or more to low-Earth orbit to enable human space exploration of the Moon, Mars, and beyond over the course of the next century as required in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) ); (3) the uncrewed flight test of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322(c)(1)) is a necessary flight demonstration in an overall program plan, subject to appropriations; and (4) the schedule of the 70-ton core element crewed flight demonstration in 2021 with the Space Launch System fully integrated with the Orion crew capsule as described in section 302(c)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(1) ) is subject to appropriations. (b) In general As required in section 302(c)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c)(2) ), the Administration shall design the Space Launch System as a fully integrated vehicle capable of carrying a total payload of 130 tons or more into low-Earth orbit in preparation for transit for missions beyond low-Earth orbit. (c) Progress report (1) In general Using the President’s budget request for fiscal year 2014 and notional numbers requested therein as a baseline, not later than 90 days after the date of enactment of this Act the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an estimate of— (A) when the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability; (B) when the 130-ton Space Launch System fully integrated with the Orion crew capsule may be demonstrated as an operational capability; (C) the projected annual operational costs through 2030 for the 130-ton Space Launch System fully integrated with the Orion crew capsule after its operational capability has been demonstrated; and (D) the projected flight rate for the 130-ton Space Launch System fully integrated with the Orion crew capsule through 2030. (2) Contingency funding estimates If the Administrator determines that the uncrewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2017, or that the crewed test flight of the 70-ton core element of the Space Launch System fully integrated with the Orion crew capsule will not occur on or before December 31, 2021, the report transmitted under paragraph (1) shall include an estimate of additional funds required through annual appropriations for fiscal years 2015 through 2021 which may be necessary to meet such goals in those years. (d) Utilization Report The Administrator, in consultation with the Secretary of Defense and the Director of National Intelligence, shall prepare a report that addresses the effort and budget required to enable and utilize a cargo variant of the 130-ton Space Launch System configuration described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) ). This report shall also include consideration of the technical requirements of the scientific and national security communities related to such Space Launch System and shall directly assess the utility and estimated cost savings obtained by using such Space Launch System for national security and space science missions. The Administrator shall transmit such report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 180 days after the date of enactment of this Act. 204. Orion crew capsule (a) In general The Orion crew capsule shall meet the practical needs and the minimum capability requirements described in section 303 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18323 ). (b) Report Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— (1) detailing those components and systems of the Orion crew capsule that ensure it is in compliance with section 303(b) of such Act ( 42 U.S.C. 18323(b) ); (2) detailing the expected date that the Orion crew capsule will be available to transport crew and cargo to the International Space Station; and (3) certifying that the requirements of section 303(b)(3) of such Act ( 42 U.S.C. 18323(b)(3) ) will be met by the Administration in time for the first crewed test flight in 2021. 205. Advanced booster competition (a) Report Not later than 90 days after the date of enactment of this Act, the Associate Administrator of the National Aeronautics and Space Administration shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that— (1) describes the estimated total development cost of an advanced booster for the Space Launch System; and (2) details any reductions or increases to the development cost of the Space Launch System which may result from conducting a competition for an advanced booster. (b) Competition If the Associate Administrator reports reductions pursuant to paragraph (2) of subsection (a), then the Administration shall conduct a full and open competition for an advanced booster for the Space Launch System to meet the requirements described in section 302(c) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18322(c) ), to begin not later than 1 year after the Associate Administrator transmits the report required under subsection (a). B Space Operations 211. Findings Congress finds the following: (1) The International Space Station is the ideal short-term testbed for future exploration systems development, including long-duration space travel. (2) The use of the private market to provide cargo and crew transportation services is currently the most expeditious process to restore domestic access to the International Space Station and low-Earth orbit. (3) Government-assured access to low-Earth orbit is paramount to the continued success of the International Space Station and National Laboratory. (4) Acquiring and maintaining an operational domestic commercial crew transportation service by the year 2017 is of the utmost importance for the future viability of the International Space Station and National Laboratory. 212. International Space Station (a) In general The following is the policy of the United States: (1) The International Space Station shall be utilized to the maximum extent practicable for the development of capabilities and technologies needed for the future of human exploration beyond low-Earth orbit. (2) The Administrator shall, in consultation with the International Space Station partners— (A) take all necessary measures to support the operation and full utilization of the International Space Station; and (B) seek to minimize, to the extent practicable, the operating costs of the International Space Station. (3) Reliance on foreign carriers for crew transfer is unacceptable, and the Nation’s human space flight program must acquire the capability to launch United States astronauts on United States rockets from United States soil as soon as is safe and practically possible, whether on Government-owned and operated space transportation systems or privately owned systems that have been certified for flight by the appropriate Federal agencies. (b) Reaffirmation of policy Congress reaffirms— (1) its commitment to the development of a commercially developed launch and delivery system to the International Space Station for crew missions as expressed in the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law 109–155), the National Aeronautics and Space Administration Authorization Act of 2008 ( Public Law 110–422 ), and the National Aeronautics and Space Administration Authorization Act of 2010 ( Public Law 111–267 ); (2) that the Administration shall make use of United States commercially provided International Space Station crew transfer and crew rescue services to the maximum extent practicable; and (3) the policy stated in section 501(b) of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18351(b) ) that the Administration shall pursue international, commercial, and intragovernmental means to maximize International Space Station logistics supply, maintenance, and operational capabilities, reduce risks to International Space Station systems sustainability, and offset and minimize United States operations costs relating to the International Space Station. (c) Assured access to low-Earth orbit Section 70501(a) of title 51, United States Code, is amended to read as follows: (a) Policy statement It is the policy of the United States to maintain an uninterrupted capability for human space flight and operations in low-Earth orbit, and beyond, as an essential instrument of national security and the capability to ensure continued United States participation and leadership in the exploration and utilization of space. . (d) Repeals (1) Use of space shuttle or alternatives Chapter 701 of title 51, United States Code, and the item relating to such chapter in the table of chapters for such title, is repealed. (2) Shuttle pricing policy for commercial and foreign users Chapter 703 of title 51, United States Code, and the item relating to such chapter in the table of chapters for such title, is repealed. (3) Shuttle privatization Section 50133 of title 51, United States Code, and the item relating to such section in the table of sections for chapter 501 of such title, is repealed. (e) Extension criteria report Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the feasibility of extending the operation of the International Space Station that includes— (1) criteria for defining the International Space Station as a research success; (2) cost estimates for operating the International Space Station to achieve the criteria in paragraph (1); (3) cost estimates for extending operations to 2020, 2025, and 2030; and (4) an assessment of how the defined criteria under paragraph (1) respond to the National Academies Decadal Survey on Biological and Physical Sciences in Space. (f) Strategic plan for International Space Station research (1) In general The Director of the Office of Science and Technology Policy, in consultation with the Administrator, academia, other Federal agencies, the International Space Station National Laboratory Advisory Committee, and other potential stakeholders, shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a strategic plan for conducting competitive, peer-reviewed research in physical and life sciences and related technologies on the International Space Station through at least 2020. (2) Plan requirements The strategic plan shall— (A) be consistent with the priorities and recommendations established by the National Academies in its Decadal Survey on Biological and Physical Sciences in Space; (B) provide a research timeline and identify resource requirements for its implementation, including the facilities and instrumentation necessary for the conduct of such research; and (C) identify— (i) criteria for the proposed research, including— (I) a justification for the research to be carried out in the space microgravity environment; (II) the use of model systems; (III) the testing of flight hardware to understand and ensure its functioning in the microgravity environment; (IV) the use of controls to help distinguish among the direct and indirect effects of microgravity, among other effects of the flight or space environment; (V) approaches for facilitating data collection, analysis, and interpretation; (VI) procedures to ensure repetition of experiments, as needed; (VII) support for timely presentation of the peer-reviewed results of the research; and (VIII) defined metrics for the success of each study; (ii) instrumentation required to support the measurements and analysis of the research to be carried out under the strategic plan; (iii) the capabilities needed to support direct, real-time communications between astronauts working on research experiments onboard the International Space Station and the principal investigator on the ground; (iv) a process for involving the external user community in research planning, including planning for relevant flight hardware and instrumentation, and for utilization of the International Space Station, free flyers, or other research platforms; and (v) defined metrics for success of the research plan. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the progress of the organization chosen for the management of the International Space Station National Laboratory as directed in section 504 of the National Aeronautics and Space Administration Authorization Act of 2010 ( 42 U.S.C. 18354 ). (B) Specific requirements The report shall assess the management, organization, and performance of such organization and shall include a review of the status of each of the 7 required activities listed in section 504(c) of such Act ( 42 U.S.C. 18354(c) ). 213. Commercial crew report (a) In general The Administration shall consider the ramifications of and create contingencies as the sequestration adopted in the Budget Control Act of 2011 ( Public Law 112–25 ) continues to reduce the Administration’s overall budget. (b) Report (1) In general Not later than 60 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing 5 distinct options for the final stages of the commercial crew program. (2) Requirements These options shall include— (A) a strategy that assumes an appropriation of $500,000,000 over the next 3 fiscal years; (B) a strategy that assumes an appropriation of $600,000,000 over the next 3 fiscal years; (C) a strategy that assumes an appropriation of $700,000,000 over the next 3 fiscal years; (D) a strategy that assumes an appropriation of $800,000,000 over the next 3 fiscal years; and (E) a strategy that has yet to be considered previously in any budget submission but that the Administration believes could ensure the flight readiness date of 2017 for at least one provider or significantly decreases the overall program lifecycle cost. (3) Inclusions Each strategy shall include the contracting instruments the Administration will employ to acquire the services in each phase of development or acquisition, the number of commercial providers the Administration will include in the program, and the estimated flight readiness date in each scenario. 214. Flight readiness demonstration (a) In general The Administration shall carry out its flight readiness demonstration, in which one or more commercial crew partner companies safely transports United States astronauts to the International Space Station, by December 31, 2017. (b) Report Not later than 180 days after the date of enactment of this Act and every 90 days thereafter until the Administration carries out its flight readiness demonstration, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report— (1) describing the current status of the Commercial Crew program, including all funding paid to any partner company throughout the life of the program detailed by specific dollar amounts provided for each milestone completed for each partner company; (2) specifying the accomplishments and milestones completed in the 90 days prior to the date of transmission of the report under any phase of the program and all dollar amounts provided for each of those milestones; (3) identifying those accomplishments and milestones that were expected to be completed in the 90 days prior to the date of transmission of such report under any phase of the program but that were not completed in that timeframe; (4) setting forth the accomplishments and milestones that are expected to be completed in the 90-day period following the transmission of such report under any phase of the program; and (5) containing a statement of flight readiness under subsection (c). (c) Statement of Flight Readiness The statement of flight readiness required by subsection (b)(5) shall include— (1) either— (A) a certification by the Administrator that the Administration is on schedule to comply with subsection (a); or (B) an explanation as to why the Administration is not on schedule to comply with subsection (a) and why the Administration did not develop an acquisition strategy based on existing budget authority; and (2) a certification by the Administrator that all deviations from the Aerospace Safety Advisory Panel recommendations have been reported in accordance with section 215. (d) Authorization of funds Not later than 60 days after the issuance of the explanation described in subsection (c)(2), the Administrator shall provide, and begin implementation of, a new acquisition strategy that ensures that at least 1 company will be prepared to provide crew transport services by December 31, 2017. 215. Certification Products Contract phase two (a) In general Phase two and any subsequent phase of the Certification Products Contract, and any further acquisition or development actions taken by the Administration under the Commercial Crew Program, shall be executed— (1) under a cost-type contract specified by Federal Acquisition Regulations; and (2) except as provided in subsection (b), in accordance with the 2012 Annual Report of the Aerospace Safety Advisory Panel. (b) Deviations (1) Authority The Administrator may deviate from any findings and recommendations of the 2012 Annual Report of the Aerospace Safety Advisory Panel if the Administrator has determined doing so is in the best interest of the program. (2) Notice and justification If the Administrator deviates from any findings and recommendations of the 2012 Annual Report of the Aerospace Safety Advisory Panel under paragraph (1), the Administrator shall transmit in writing to the Chair of the Aerospace Safety Advisory Panel, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate notice of any planned deviations, along with a justification therefor, as part of the statement required under section 214(c)(1). (c) Report The Aerospace Safety Advisory Panel shall review and report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on any deviation within 45 days of notification. 216. Space communications (a) Plan The Administrator shall develop a plan, in consultation with relevant Federal agencies, for updating the Administration’s space communications architecture for both low-Earth orbital operations and deep space exploration so that it is capable of meeting the Administration’s needs over the next 20 years. The plan shall include lifecycle cost estimates, milestones, estimated performance capabilities, and 5-year funding profiles. The plan shall also include an estimate of the amounts of any reimbursements the Administration is likely to receive from other Federal agencies during the expected life of the upgrades described in the plan. At a minimum, the plan shall include a description of the following: (1) Projected Deep Space Network requirements for the next 20 years, including those in support of human space exploration missions. (2) Upgrades needed to support Deep Space Network requirements, including cost estimates and schedules. (3) Cost estimates for the maintenance of existing Deep Space Network capabilities. (4) Projected Tracking and Data Relay Satellite System requirements for the next 20 years, including those in support of other relevant Federal agencies. (5) Cost and schedule estimates to maintain and upgrade the Tracking and Data Relay Satellite System to meet projected requirements. (6) Steps the Administration is taking to mitigate threats to electromagnetic spectrum use. (b) Schedule The Administrator shall transmit the plan developed under this section to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 1 year after the date of enactment of this Act. III Science A General 301. Science portfolio (a) Balanced and adequately funded activities Section 803 of the National Aeronautics and Space Administration Authorization Act of 2010 (124 Stat. 2832) is amended to read as follows: 803. Overall science portfolio; Sense of Congress Congress reaffirms its sense, expressed in the National Aeronautics and Space Administration Authorization Act of 2010, that a balanced and adequately funded set of activities, consisting of research and analysis grants programs, technology development, small, medium, and large space missions, and suborbital research activities, contributes to a robust and productive science program and serves as a catalyst for innovation and discovery. . (b) Decadal surveys In proposing the funding of programs and activities for the National Aeronautics and Space Administration for each fiscal year, the Administrator shall, to the greatest extent practicable, follow guidance provided in the current decadal surveys from the National Academies’ Space Studies Board. 302. Assessment of science mission extensions Section 30504 of title 51, United States Code, is amended to read as follows: 30504. Assessment of science mission extensions (a) Assessment The Administrator shall carry out biennial reviews within each of the Science divisions to assess the cost and benefits of extending the date of the termination of data collection for those missions that exceed their planned mission lifetime. The assessment shall take into consideration how extending existing missions impacts the start of future missions. (b) Consultation and Consideration of Potential Benefits of Instruments on Missions When deciding whether to extend a mission that has an operational component, the Administrator shall consult with any affected Federal agency and shall take into account the potential benefits of instruments on missions that are beyond their planned mission lifetime. (c) Costs If a mission is extended based on consultation required under subsection (b), the full costs of the extension shall be paid for by the operational agency or agencies. (d) Report The Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the submission to Congress of the President’s annual budget request, a report detailing any assessment required by subsection (a) that was carried out during the previous year. . 303. Radioisotope thermoelectric generators (a) Analysis of Requirements and Risks The Administrator, in consultation with other Federal agencies, shall conduct an analysis of— (1) the requirements of the Administration for radioisotope power system material that is needed to carry out planned, high priority robotic missions in the solar system and other surface exploration activities beyond low-Earth orbit; and (2) the risks to missions of the Administration in meeting those requirements, or any additional requirements, due to a lack of adequate radioisotope power system material. (b) Contents of analysis The analysis conducted under subsection (a) shall— (1) detail the Administration’s current projected mission requirements and associated timeframes for radioisotope power system material; (2) explain the assumptions used to determine the Administration’s requirements for the material, including— (A) the planned use of Advanced Stirling Radioisotope Generator technology; (B) the status of and timeline for completing development and demonstration of the Advanced Stirling Radioisotope Generator technology, including the development of flight readiness requirements; and (C) the risks and implications of, and contingencies for, any delays or unanticipated technical challenges affecting or related to the Administration’s mission plans for the anticipated use of Advanced Stirling Radioisotope Generator technology; (3) assess the risk to the Administration’s programs of any potential delays in achieving the schedule and milestones for planned domestic production of radioisotope power system material; (4) outline a process for meeting any additional Administration requirements for the material; (5) estimate the incremental costs required to increase the amount of material produced each year, if such an increase is needed to support additional Administration requirements for the material; (6) detail how the Administration and other Federal agencies will manage, operate, and fund production facilities and the design and development of all radioisotope power systems used by the Administration and other Federal agencies as necessary; (7) specify the steps the Administration will take, in consultation with the Department of Energy, to preserve the infrastructure and workforce necessary for production of radioisotope power systems; and (8) detail how the Administration has implemented or rejected the recommendations from the National Research Council’s 2009 report titled Radioisotope Power Systems: An Imperative for Maintaining U.S. Leadership in Space Exploration . (c) Transmittal Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit the results of the analysis to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 304. Congressional declaration of policy and purpose Section 20102(d) of title 51, United States Code, is amended by adding at the end the following new paragraph: (10) The direction of the unique competence of the Administration to the search for life’s origin, evolution, distribution, and future in the Universe. In carrying out this objective, the Administration may use any practicable ground-based, airborne, or space-based technical means and spectra of electromagnetic radiation. . B Astrophysics 311. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small astrophysics missions. 312. Extrasolar planet exploration strategy (a) Strategy The Administrator shall enter into an arrangement with the National Academies to develop a science strategy for the study and exploration of extrasolar planets, including the use of TESS, the James Webb Space Telescope, WFIRST, or any other telescope, spacecraft, or instrument as appropriate. Such strategy shall— (1) outline key scientific questions; (2) identify the most promising research in the field; (3) indicate the extent to which the mission priorities in existing decadal surveys address key extrasolar planet research goals; and (4) make recommendations with respect to optimal coordination with international partners. (b) Use of strategy The Administrator shall use the strategy to— (1) inform roadmaps, strategic plans, and other activities of the Administration as they relate to extrasolar planet research and exploration; and (2) provide a foundation for future activities and initiatives. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the strategy developed under subsection (a). 313. James Webb Space Telescope It is the sense of Congress that the James Webb Space Telescope program is significant to our understanding of the history of the universe, including galaxies, stars, and planetary systems, and should continue to receive priority of funding in accord with the recommendation of the most recent decadal survey for Astronomy and Astrophysics of the National Academies’ Space Studies Board. 314. Wide-Field Infrared Survey Telescope The Administrator shall ensure that the development of the Wide-Field Infrared Survey Telescope continues while the James Webb Space Telescope is completed. 315. National Reconnaissance Office telescope donation Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate outlining the cost of the Administration’s potential plan for developing the Wide-Field Infrared Survey Telescope as described in the most recent astronomy and astrophysics decadal survey, including an alternative plan for the Wide-Field Infrared Survey Telescope 2.4, which includes the donated 2.4-meter aperture National Reconnaissance Office telescope. Due to the budget constraints on the Administration’s science programs, this report shall include— (1) an assessment of affordable approaches to develop the Wide-Field Infrared Survey Telescope; (2) a comparison to the development of mission concepts that exclude the utilization of the donated asset; (3) an assessment of how the Administration’s existing science missions will be affected by the utilization of the donated asset described in this section; and (4) a description of the cost associated with storing and maintaining the donated asset. C Planetary Science 321. Decadal cadence In carrying out section 301(b), the Administrator shall ensure, to the greatest extent practicable, that the Administration carries out a balanced set of planetary science programs in accordance with the priorities established in the most recent decadal survey for planetary science. Such programs shall include, at a minimum— (1) a Discovery-class mission at least once every 24 months; (2) a New Frontiers-class mission at least once every 60 months; and (3) at least one Flagship-class mission per decadal survey period, starting with a Europa mission with a goal of launching by 2021. 322. Near-Earth objects (a) Findings Congress makes the following findings: (1) Near-Earth objects pose a serious and credible threat to humankind, as many scientists believe that a major asteroid or comet was responsible for the mass extinction of the majority of the Earth’s species, including the dinosaurs, nearly 65,000,000 years ago. (2) Similar objects have struck the Earth or passed through the Earth’s atmosphere several times in the Earth’s history and pose a similar threat in the future. (3) Several such near-Earth objects have only been discovered within days of the objects’ closest approach to Earth, and recent discoveries of such large objects indicate that many large near-Earth objects remain to be discovered. (4) The efforts taken to date by the Administration for detecting and characterizing the hazards of near-Earth objects must continue to fully determine the threat posed by such objects to cause widespread destruction and loss of life. (b) Definition For purposes of this section, the term near-Earth object means an asteroid or comet with a perihelion distance of less than 1.3 Astronomical Units from the Sun. (c) Near-Earth object survey The Administrator shall continue to discover, track, catalogue, and characterize the physical characteristics of near-Earth objects equal to or greater than 140 meters in diameter in order to assess the threat of such near-Earth objects to the Earth, pursuant to the George E. Brown, Jr. Near-Earth Object Survey Act ( 42 U.S.C. 16691 ). It shall be the goal of the Survey program to achieve 90 percent completion of its near-Earth object catalogue (based on statistically predicted populations of near-Earth objects) by 2020. (d) Warning and mitigation of potential hazards of near-Earth objects Congress reaffirms the policy set forth in section 20102(g) of title 51, United States Code (relating to detecting, tracking, cataloguing, and characterizing asteroids and comets). (e) Program Report The Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, not later than 1 year after the date of enactment of this Act, an initial report that provides— (1) recommendations for carrying out the Survey program and an associated proposed budget; (2) analysis of possible options that the Administration could employ to divert an object on a likely collision course with Earth; and (3) a description of the status of efforts to coordinate and cooperate with other countries to discover hazardous asteroids and comets, plan a mitigation strategy, and implement that strategy in the event of the discovery of an object on a likely collision course with Earth. (f) Annual reports The Administrator shall annually transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) a summary of all activities carried out pursuant to subsection (c) since the date of enactment of this Act; and (2) a summary of expenditures for all activities carried out pursuant to subsection (c) since the date of enactment of this Act. 323. Astrobiology strategy (a) Strategy The Administrator shall enter into an arrangement with the National Academies to develop a science strategy for astrobiology that would outline key scientific questions, identify the most promising research in the field, and indicate the extent to which the mission priorities in existing decadal surveys address the search for life’s origin, evolution, distribution, and future in the Universe. (b) Use of strategy The Administrator shall use the strategy developed under subsection (a) in planning and funding research and other activities and initiatives in the field of astrobiology. The strategy shall include recommendations for coordination with international partners. (c) Report to Congress Not later than 18 months after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the strategy developed under subsection (a). 324. Public-private partnerships Not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing how the Administration can expand collaborative public-private partnerships to study life’s origin, evolution, distribution, and future in the Universe. D Heliophysics 331. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small heliophysics missions. 332. Review of space weather (a) Review The Director of the Office of Science and Technology Policy, in consultation with the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, the Director of the National Science Foundation, the Secretary of Defense, the Secretary of Energy, and the Secretary of Homeland Security, shall enter into an arrangement with the National Academies to provide a comprehensive study that reviews current and planned space weather monitoring requirements and capabilities. The study shall inform the process of identifying national needs for future space weather monitoring and mitigation. The National Academies shall give consideration to international and private sector efforts and collaboration. The study shall also review the current state of research capabilities in observing, modeling, and prediction and provide recommendations to ensure future advancement of predictive capability. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the National Academies shall transmit a report to the Administrator, and to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, containing the results of the study provided under subsection (a). 333. Deep Space Climate Observatory (a) Integrating sensors The Administrator may not integrate or fund the development of any sensor on the Deep Space Climate Observatory (DSCOVR) that is not aligned with the spacecraft’s original space weather mission requirements. (b) Algorithms The Administration may not develop or implement algorithms, or any other applications or products, that— (1) are not aligned with the Deep Space Climate Observatory mission’s intended space weather requirements; or (2) enable Earth at noon images from the spacecraft. E Earth Science 341. Goal (a) In general Recognizing the contributions that Earth science and remote sensing have made to society over the last 50 years, the Administration shall continue to develop first-of-a-kind instruments that, once proved, can be transitioned to other agencies for operations. (b) Amendment Section 60501 of title 51, United States Code, is amended by inserting In order to accomplish this goal, the Administrator shall conduct research and development on new sensors and instruments that will mitigate the risks associated with the development of operational systems and long-term data continuity requirements by other agencies. The Administration shall not be responsible for the development of operational Earth science systems, including satellite, sensor, or instrument development, acquisition, and operations, as well as product development and data analysis, unless such work is conducted on a reimbursable basis that accounts for the full cost of the work. The Administrator shall use the Joint Agency Satellite Division structure, or a direct successor thereto, to manage this process on a fully reimbursable basis. after Earth observations-based research program. . 342. Decadal cadence In carrying out section 301(b), the Administrator shall ensure a steady cadence of large, medium, and small Earth science missions. 343. Research to operations Section 60502(a) of title 51, United States Code, is amended by inserting Operational responsibility for Earth science or space weather missions or sensors may not be transferred from any other Federal agency to the Administration, except as specifically authorized by law. after execute the transitions. . 344. Interagency coordination Section 60505 of title 51, United States Code, is amended— (1) in the section heading, by inserting and other Federal agencies after Atmospheric Administration ; (2) in subsection (a)— (A) by striking and the Administrator of the National Oceanic and Atmospheric Administration and inserting , the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies ; and (B) by striking the two agencies and inserting each of those agencies ; (3) in subsection (b)— (A) by striking and the Administrator of the National Oceanic and Atmospheric Administration and inserting , the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies ; (B) by striking Committee on Science and Technology and inserting Committee on Science, Space, and Technology ; and (C) by striking and the National Oceanic and Atmospheric Administration and inserting , the National Oceanic and Atmospheric Administration, and other relevant Federal agencies ; and (4) in subsection (d), by striking Administration Earth science mission and all that follows through the period and inserting Earth science mission or Earth observing system to or from the National Oceanic and Atmospheric Administration, any other Federal agency, or the Administration, or to or from other stakeholders, until the plans required under subsection (c) have been approved by the Administrator, the Administrator of the National Oceanic and Atmospheric Administration, and the heads of other relevant Federal agencies, and until financial resources have been identified to support the transition or transfer in the President’s annual budget request for the National Oceanic and Atmospheric Administration, the Administration, or other relevant agencies. Operational responsibility for Earth science programs may not be transferred from any other Federal agency to the Administration, except as specifically authorized by law. . 345. Joint Polar Satellite System climate sensors The Administration shall not be responsible for the development of Joint Polar Satellite System climate sensors, including the Total Solar Irradiance Sensor (TSIS–2), the Ozone Mapping and Profiler Suite–Limb (OMPS–L), or the Clouds and Earth Radiant Energy System (CERES–C). Any effort by the Administration related to this work shall be conducted on a fully reimbursable basis and executed by the Administration’s Joint Agency Satellite Division or a direct successor thereto. 346. Land imaging (a) Reaffirmation of Policy Congress reaffirms the finding in section 2(1) of the Land Remote Sensing Policy Act of 1992 ( 15 U.S.C. 5601(1) ), which states that The continuous collection and utilization of land remote sensing data from space are of major benefit in studying and understanding human impacts on the global environment, in managing the Earth’s natural resources, in carrying out national security functions, and in planning and conducting many other activities of scientific, economic, and social importance. . (b) Continuous Land Remote Sensing Data Collection The Director of the Office of Science and Technology Policy shall take steps in consultation with other relevant Federal agencies to ensure, to the maximum extent practicable, the continuous collection of space-based, medium-resolution observations of the Earth’s land cover, and to ensure that the data are made available in such ways as to facilitate the widest possible use. (c) Definition of land imaging capabilities The Administrator may not initiate the definition of requirements for land imaging capabilities unless such work is conducted on a fully reimbursable basis and executed by the Administration’s Joint Agency Satellite Division or a direct successor thereto. 347. Sources of Earth science data (a) Acquisition The Administrator shall, to the extent possible and while satisfying the scientific or educational requirements of the Administration and, where appropriate, of other Federal agencies and scientific researchers, acquire, where cost effective, space-based and airborne Earth remote sensing data, services, distribution, and applications from non-Federal providers. (b) Treatment as Commercial Item Under Acquisition Laws Acquisitions by the Administrator of the data, services, distribution, and applications referred to in subsection (a) shall be carried out in accordance with applicable acquisition laws and regulations (including chapters 137 and 140 of title 10, United States Code). For purposes of such laws and regulations, such data, services, distribution, and applications shall be considered to be commercial items. Nothing in this subsection shall be construed to preclude the United States from acquiring, through contracts with commercial providers, sufficient rights in data to meet the needs of the scientific and educational community or the needs of other government activities. (c) Safety Standards Nothing in this section shall be construed to prohibit the Federal Government from requiring compliance with applicable safety standards. (d) Report Not later than 180 days after the date of enactment of the Act, the Administrator shall submit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the Administration’s efforts to carry out this section. IV Aeronautics 401. Sense of Congress It is the sense of Congress that— (1) a robust aeronautics research portfolio will help maintain the United States status as a leader in aviation; (2) aeronautics research is essential to the Administration’s mission; and (3) the Administrator should coordinate and consult with relevant Federal agencies and the private sector to minimize duplication and leverage resources. 402. Unmanned aerial systems research and development (a) In general The Administrator, in consultation with the Administrator of the Federal Aviation Administration and other Federal agencies, shall direct research and technological development to facilitate the safe integration of unmanned aerial systems into the National Airspace System, including— (1) positioning and navigation systems; (2) sense and avoid capabilities; (3) secure data and communication links; (4) flight recovery systems; and (5) human systems integration. (b) Roadmap The Administrator shall update a roadmap for unmanned aerial systems research and development and transmit this roadmap to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 90 days after the date of enactment of this Act. (c) Cooperative unmanned aerial vehicle activities Section 31504 of title 51, United States Code, is amended by inserting Operational flight data derived from these cooperative agreements shall be made available, in appropriate and usable formats, to the Administration and the Federal Aviation Administration for the development of regulatory standards. after in remote areas. . 403. Research program on composite materials used in aeronautics (a) Consultation The Administrator, in overseeing the Administration’s Integrated Systems Research Program’s work on composite materials, shall consult with relevant Federal agencies and partners in industry to accelerate safe development and certification processes for new composite materials and design methods while maintaining rigorous inspection of new composite materials. (b) Report Not later than 1 year after the date of enactment of this Act, the Administrator shall transmit a report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate detailing the Administration’s work on new composite materials and the coordination efforts among Federal agencies. 404. Hypersonic research Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a research and development roadmap for hypersonic aircraft research with the objective of exploring hypersonic science and technology using air-breathing propulsion concepts, through a mix of theoretical work, basic and applied research, and development of flight research demonstration vehicles. The roadmap shall prescribe appropriate agency contributions, coordination efforts, and technology milestones. 405. Supersonic research Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a roadmap that allows for flexible funding profiles, for supersonic aeronautics research and development with the objective of developing and demonstrating, in a relevant environment, airframe and propulsion technologies to minimize the environmental impact, including noise, of supersonic overland flight in an efficient and economical manner. The roadmap shall include— (1) a status report on the Administration’s existing research on supersonic flight; (2) a list of specific technological, environmental, and other challenges that must be overcome to minimize the environmental impact, including noise, of supersonic overland flight; (3) a research plan to address such challenges, as well as a project timeline for accomplishing relevant research goals; and (4) a plan for coordination with stakeholders, including relevant government agencies and industry. 406. Research on NextGen airspace management concepts and tools (a) In general The Administrator shall, in consultation with the Director of the Joint Planning and Development Office of the Federal Aviation Administration, review at least annually the alignment and timing of the Administration’s research and development activities in support of the NextGen airspace management modernization initiative, and shall make any necessary adjustments by reprioritizing or retargeting the Administration’s research and development activities in support of the NextGen initiative. (b) Annual reports The Administrator shall report to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate annually regarding the progress of the Administration’s research and development activities in support of the NextGen airspace management modernization initiative, including details of consultation with the Federal Aviation Administration and any adjustments made to research activities. 407. Rotorcraft research Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal agencies, shall prepare and transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan for research relating to rotorcraft and other runway-independent air vehicles, with the objective of developing and demonstrating improved safety, noise, and environmental impact in a relevant environment. The plan shall include specific goals for the research, a timeline for implementation, metrics for success, and guidelines for collaboration and coordination with industry and other Federal agencies. V Space Technology 501. Space technology (a) Findings Congress finds the following: (1) The Space Technology Mission Directorate created by the Administration is lacking an organic statutory authorization and in need of congressional direction. (2) In order to appropriately prioritize the Administration’s resources to accomplish its goals and purposes, the Space Technology Mission Directorate needs to be reorganized as provided in the amendments made by this section. (3) Projects, programs, and activities currently within the Exploration Research and Development program should continue as planned as part of the Human Exploration and Operations Mission Directorate. (b) Space technology program (1) Amendment Section 70507 of title 51, United States Code, is amended to read as follows: 70507. Space Technology Program authorized (a) Program authorized The Administrator shall establish, within the office of the Administrator, a Space Technology Program to pursue the development of technologies that enable exploration of the solar system or advanced space science throughout the various elements of the Administration. (b) Small business programs The Administrator shall organize and manage the Administration’s Small Business Innovation Research program and Small Business Technology Transfer program within the Space Technology Program. (c) Nonduplication certification The Administrator shall include in the budget for each fiscal year, as transmitted to Congress under section 1105(a) of title 31, a certification that no project, program, or mission undertaken by the Space Technology Program is independently under development by any other office or directorate of the Administration. . (2) Table of sections amendment The item relating to section 70507 in the table of sections for chapter 705 of title 51, United States Code, is amended to read as follows: 70507. Space Technology Program authorized. . VI Education 601. Education (a) In general The Administration shall continue its education and outreach efforts to— (1) increase student interest and participation in Science, Technology, Engineering, and Mathematics ( STEM ) education; (2) improve public literacy in STEM; (3) employ proven strategies for improving student learning and teaching; (4) provide curriculum support materials; and (5) create and support opportunities for professional development for STEM teachers. (b) Organization In order to ensure the inspiration and engagement of children and the general public, the Administration shall continue its STEM education and outreach activities within the Science, Aeronautics Research, Space Operations, and Exploration Mission Directorates. Funds devoted to education and public outreach shall be maintained in the Directorates, and the consolidation of these activities into the Education Directorate is prohibited. (c) Prohibition The Administration may not implement any proposed STEM education and outreach-related changes proposed in the budget for fiscal year 2014 transmitted to Congress under section 1105(a) of title 31, United States Code. VII Policy Provisions 701. Asteroid Retrieval Mission (a) In General Consistent with the policy stated in section 201(b), the Administrator may not fund the development of an asteroid retrieval mission to send a robotic spacecraft to a near-Earth asteroid for rendezvous, retrieval, and redirection of that asteroid to lunar orbit for exploration by astronauts. (b) Asteroid survey The Administration may not pursue a program to search for asteroids of 20 meters or less in diameter unless the survey program described in section 322(c) is at least 90 percent complete. (c) Report Not later than 180 days after the date of enactment of this Act, the Administrator shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the proposed Asteroid Retrieval Mission. Such report shall include— (1) a detailed budget profile, including cost estimates for the development of all necessary technologies and spacecraft required for the mission; (2) a detailed technical plan that includes milestones and a specific schedule; (3) a description of the technologies and capabilities anticipated to be gained from the proposed mission that will enable future human missions to Mars which could not be gained by lunar missions; and (4) a complete review by the Small Bodies Assessment Group and the NASA Advisory Council that includes a recommendation to Congress on the feasibility of the mission as proposed by the Administration. 702. Termination liability (a) Findings Congress makes the following findings: (1) The International Space Station, the Space Launch System, and the Orion crew capsule will enable the Nation to continue operations in low-Earth orbit and to send its astronauts to deep space. As a result of their unique capabilities and their critical contribution to the future of space exploration, these systems have been designated by Congress and the Administration as priority investments. (2) While the Space Launch System and the Orion programs, currently under development, have made significant progress, they have not been funded at levels authorized, and as a result congressionally authorized milestones will be delayed by several years. (3) In addition, contractors are currently holding program funding, estimated to be in the hundreds of millions of dollars, to cover the potential termination liability should the Government choose to terminate a program for convenience. As a result, hundreds of millions of taxpayer dollars are unavailable for meaningful work on these programs. (4) According to the Government Accountability Office, the Administration procures most of its goods and services through contracts, and it terminates very few of them. In fiscal year 2010, the Administration terminated 28 of 16,343 active contracts and orders—a termination rate of about 0.17 percent. (5) Providing processes requiring congressional action on termination of these high-priority programs would enable contractors to apply taxpayer dollars to making maximum progress in meeting the established technical goals and schedule milestones of these programs. (b) NASA termination liability (1) General rule Termination liability costs for a covered program shall be provided only pursuant to this subsection. (2) Prohibition on reserving funds The Administrator may not reserve funds from amounts appropriated for a covered program, and shall direct prime contractors not to reserve funds, for potential termination liability costs with respect to a covered program. (3) Intent of Congress It is the intent of Congress that funds authorized to be appropriated for covered programs be applied in meeting established technical goals and schedule milestones. (4) Void contractual provisions Any provision in a prime contract entered into before the date of enactment of this Act that provides for the payment of termination liability costs through any means other than as provided in this subsection is hereby declared to be void and unenforceable. (5) Congressional action; notice (A) Termination for convenience The Administrator may not initiate termination for the convenience of the Government of a prime contract on a covered program unless such program termination is authorized or required by a law enacted after the date of enactment of this Act. (B) Termination for cause The Administrator shall notify the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate before initiating termination for cause of a prime contract on a covered program. (6) Supplemental appropriation request (A) Request If the Administrator decides to terminate a prime contract on a covered program, and sufficient unobligated appropriations are not available to cover termination liability costs in the appropriations account that is funding the prime contract being terminated, the Administrator shall provide to Congress a notification that an authorization of appropriations is necessary not later than 120 days in advance of the proposed contract settlement for the covered program. (B) Intent of Congress It is the intent of Congress to provide additional authorization for appropriations as may be necessary to pay termination liability costs on prime contracts for covered programs if Congress deems it appropriate that the Administration terminate such prime contracts. (7) Definitions For purposes of this section: (A) Covered program The term covered program means the International Space Station, the Space Launch System, and the Orion crew capsule. (B) Prime contractor The term prime contractor means a person or entity contracting directly with the Federal Government on a covered program. (C) Termination liability costs The term termination liability costs means any costs incurred by a prime contractor, or by any subcontractor of a prime contractor, for which the Federal Government is liable as a result of termination of a prime contract by the Administrator. (c) Reporting Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter for the duration of the prime contracts on covered programs, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that provides— (1) the estimated termination liability costs for each of the prime contracts; and (2) the basis for how such estimate was determined. 703. Indemnification extension Section 50915(f) of title 51, United States Code, is amended by striking December 31, 2013 and inserting December 31, 2018 . 704. Baseline and cost controls Section 30104 of title 51, United States Code, is amended— (1) in subsection (a), by striking Procedural Requirements 7120.5c, dated March 22, 2005 and inserting Procedural Requirements 7120.5E, dated August 14, 2012 ; and (2) in subsection (f), by striking beginning 18 months after the date the Administrator transmits a report under subsection (e)(1)(A) and inserting beginning 18 months after the Administrator makes such determination . 705. Project and program reserves To ensure that the establishment, maintenance, and allotment of project and program reserves contribute to prudent management, not later than 180 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Administration’s criteria for establishing the amount of reserves at the project and program levels and how such criteria complement the Administration’s policy of budgeting at a 70-percent confidence level. 706. Independent reviews Not later than 270 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the Administration’s procedures for conducting independent reviews of projects and programs at lifecycle milestones and how the Administration ensures the independence of the individuals who conduct those reviews prior to their assignment. 707. Space Act Agreements (a) Cost Sharing To the extent that the Administrator determines practicable, the funds provided by the Government under a funded Space Act Agreement shall not exceed the total amount provided by other parties to the Space Act Agreement. (b) Need A Space Act Agreement may be used only when the use of a standard contract, grant, or cooperative agreement is not feasible or appropriate, as determined by the Associate Administrator for Procurement. (c) Public Notice and Comment The Administrator shall make available for public notice and comment each proposed Space Act Agreement at least 30 days before entering into such agreement, with appropriate redactions for proprietary, sensitive, or classified information. (d) Transparency The Administrator shall publicly disclose on the Administration’s website and make available in a searchable format all Space Act Agreements, with appropriate redactions for proprietary, sensitive, or classified information, not later than 60 days after such agreement is signed. (e) Authorization The Administrator may not enter into a funded Space Act Agreement for an amount in excess of $50,000,000 unless such agreement has been specifically authorized by law. (f) Annual report (1) Requirement Not later than 90 days after the end of each fiscal year, the Administrator shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the use of Space Act Agreement authority by the Administration during the previous fiscal year. (2) Contents The report shall include for each Space Act Agreement in effect at the time of the report— (A) an indication of whether the agreement is a reimbursable, nonreimbursable, or funded Space Act Agreement; (B) a description of— (i) the subject and terms; (ii) the parties; (iii) the responsible— (I) mission directorate; (II) center; or (III) headquarters element; (iv) the value; (v) the extent of the cost sharing among Federal Government and non-Federal sources; (vi) the time period or schedule; and (vii) all milestones; and (C) an indication of whether the agreement was renewed during the previous fiscal year. (3) Anticipated agreements The report shall also include a list of all anticipated reimbursable, nonreimbursable, and funded Space Act Agreements for the upcoming fiscal year. (4) Cumulative program benefits The report shall also include, with respect to the Space Act Agreements covered by the report, a summary of— (A) the technology areas in which research projects were conducted under such agreements; (B) the extent to which the use of the Space Act Agreements— (i) has contributed to a broadening of the technology and industrial base available for meeting Administration needs; and (ii) has fostered within the technology and industrial base new relationships and practices that support the United States; and (C) the total amount of value received by the Federal Government during the fiscal year pursuant to such Space Act Agreements. 708. Human spaceflight accident investigations Section 70702(a) of title 51, United States Code, is amended by striking paragraph (3) and inserting the following: (3) any other space vehicle carrying humans that is owned by the Federal Government or that is being used pursuant to a contract or Space Act Agreement, as defined in section 2 of the with the Federal Government; or . 709. Commercial technology transfer program Section 50116(a) of title 51, United States Code, is amended by inserting , while protecting national security after research community . 710. Orbital debris (a) Finding Congress finds that orbital debris poses serious risks to the operational space capabilities of the United States and that an international consensus and strategic plan is needed to mitigate the growth of orbital debris wherever possible. (b) Reports (1) Coordination Not later than 90 days after the date of enactment of this Act, the Administrator shall provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on the status of efforts to coordinate with countries within the Inter-Agency Space Debris Coordination Committee to mitigate the effects and growth of orbital debris as required by section 1202(b)(1) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18441(b)(1)). (2) Mitigation strategy Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall provide the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on the status of the orbital debris mitigation strategy required under section 1202(b)(2) of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18441(b)(2)). 711. NASA leadership Section 20111 of title 51, United States Code, is amended— (1) in subsection (a), by inserting The Administrator shall serve for a term of 6 years, and may be reappointed for additional terms. after and activities thereof. ; and (2) in subsection (b)— (A) by inserting The Deputy Administrator may not act for, and exercise the powers of, the Administrator for a period in excess of 45 days. After 45 days, the Associate Administrator shall exercise the powers of the Administrator until a new Administrator is appointed and confirmed by the Senate. after absence or disability. ; and (B) by striking from civilian life . 712. NASA Advisory Council (a) Establishment Subchapter II of chapter 201 of title 51, United States Code, is amended by adding at the end the following new section: 20118. NASA Advisory Council (a) Establishment There shall be established a NASA Advisory Council (in this section referred to as the Council ) for the Administration in accordance with this section, not later than 9 months after the date of enactment of this section. (b) Membership and appointment The Council shall consist of 11 members to be appointed as follows: (1) 5 members shall be appointed by the President. (2) 2 members shall be appointed by the President pro tempore of the Senate. (3) 1 member shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the Speaker of the House of Representatives. (5) 1 member shall be appointed by the minority leader of the House of Representatives. In addition to the members appointed under paragraphs (1) through (5), the Administrator shall be an ex officio, nonvoting member of the Council. Members of the Council shall comply with the Federal Advisory Committee Act (5 U.S.C. App.) and the Ethics in Government Act of 1978 (5 U.S.C. App.). (c) Qualifications The persons appointed as members of the Council shall be— (1) former astronauts or scientists or engineers eminent in the fields of human spaceflight, planetary science, space science, Earth science, aeronautics, or disciplines related to space exploration and aeronautics, including other scientific, engineering, or business disciplines; (2) selected on the basis of established records of distinguished service; and (3) so selected as to provide representation of the views of engineering, science, and aerospace leaders in all areas of the Nation. (d) Terms The term of office of each member of the Council shall be 6 years. (e) Meetings The Council shall meet two times annually at minimum and at such other times as the Chairman may determine, but the Chairman shall also call a meeting whenever one-third of the members so request in writing. The Council shall adopt procedures governing the conduct of its meetings, including delivery of notice and a definition of a quorum, which in no case shall be less than one-half plus one of the members of the Council. (f) Chairman and vice chairman The Chairman and Vice Chairman of the Council shall be elected by a majority vote of the Council for a two-year term. A member may serve as Chairman and Vice Chairman for up to three terms. The Vice Chairman shall perform the duties of the Chairman in his absence. If a vacancy occurs in the chairmanship or vice chairmanship, the Council shall elect a member to fill such vacancy. (g) Staff The Administrator shall support the Council with professional staff to provide for the performance of such duties as may be prescribed by the Council. (h) Committees The Council is authorized to appoint from among its members such committees as it deems necessary and to assign to committees so appointed such survey and advisory functions as the Council deems appropriate to assist it in exercising its powers and functions. (i) Functions (1) Budget proposal (A) Review of proposal Not later than October 15 of each year, the Council shall have reviewed the Administration’s proposed budget for the next fiscal year and shall provide to the President their advice based on the best professional judgment of a majority of members. Portions of Council meetings in which the Council considers the budget proposal for the next fiscal year may be closed to the public until the Council submits the proposal to the President and Congress. (B) Advice to congressional committees Not later than 14 days following the President’s budget submittal to Congress for the next fiscal year, the Council shall provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate their advice based on the best professional judgment of a majority of members. (2) Advice to the President and Congress The Council shall report their findings, advice, and recommendations to the President and Congress on matters of particular policy interest on space exploration and aeronautics based on the best professional judgment of a majority of members. . (b) Table of sections The table of sections for chapter 201 of title 51, United States Code, is amended by adding at the end of the items for subchapter II the following new item: 20118. NASA Advisory Council. . (c) Consultation and advice Section 20113(g) of title 51, United States Code, is amended by inserting and Congress after advice to the Administration . 713. Cost estimation (a) Report Not later than 90 days after the date of enactment of this Act, the Administrator shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on current and continuing efforts to implement more effective cost-estimation practices. (b) Elements The report required under subsection (a) shall include— (1) a list of steps the Administration is undertaking to advance consistent implementation of the joint cost and schedule level (JCL) process; and (2) a description of mechanisms the Administration is using and will continue to use to ensure that adequate resources are dedicated to cost estimation. | https://www.govinfo.gov/content/pkg/BILLS-113hr2687ih/xml/BILLS-113hr2687ih.xml |
113-hr-2688 | I 113th CONGRESS 1st Session H. R. 2688 IN THE HOUSE OF REPRESENTATIVES July 15, 2013 Mr. Ross 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 improve healthcare-related, tax-preferred savings accounts and to provide for cooperative governing of individual and group health insurance coverage across State lines, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Providing Accountability and Transparency to Incentivize Economically Necessary Transitions in Health Care Act of 2013 or the PATIENT’s Health Care Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Healthcare-related savings accounts Sec. 101. Deduction of premiums for high deductible health plans. Sec. 102. Repeal of high deductible health plan requirement. Sec. 103. Increase in deductible HSA contribution limitations. Sec. 104. Medicare eligible individuals eligible to contribute to HSA. Sec. 105. HSA rollover to Medicare Advantage MSA. Sec. 106. One-time transfer of flexible spending arrangement balance to health savings account in case of separation from employment. Sec. 107. Payment of high deductible health plan premiums from HSA. Sec. 108. Repeal of disqualification of expenses for over-the-counter drugs under certain accounts and arrangements. Sec. 109. Payment of long-term care premiums from health flexible spending arrangement. Sec. 110. Allowing MSA and HSA rollover to adult child of account holder. Sec. 111. Disposition of unused health benefits in cafeteria plans and flexible spending arrangements. Sec. 112. Permitting beneficiary contributions to Medicare Advantage MSA. Sec. 113. Child health savings account. Title II—Health insurance provisions Sec. 201. Cooperative governing of individual and group health insurance coverage. Sec. 202. Reauthorization of the Preexisting Condition Insurance Plan (PCIP) Program. I Healthcare-related savings accounts 101. Deduction of premiums for high deductible health plans (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Premiums for high deductible health plans (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for the taxable year the aggregate amount paid by such individual as premiums under a high deductible health plan with respect to months during such year for which such individual is an eligible individual with respect to such health plan. (b) Definitions For purposes of this section— (1) Eligible individual (A) In general The term eligible individual means, with respect to any month, any individual if— (i) such individual is covered under a high deductible health plan as of the 1st day of such month, and (ii) such individual is not, while covered under a high deductible health plan, covered under any health plan— (I) which is not a high deductible health plan, and (II) which provides coverage for any benefit which is covered under the high deductible health plan. (B) Certain coverage disregarded Subparagraph (A)(ii) shall be applied without regard to— (i) coverage for any benefit provided by permitted insurance, (ii) coverage (whether through insurance or otherwise) for accidents, disability, dental care, vision care, or long-term care, and (iii) coverage under a health flexible spending arrangement during any period immediately following the end of a plan year of such arrangement during which unused benefits or contributions remaining at the end of such plan year may be paid or reimbursed to plan participants for qualified benefit expenses incurred during such period if— (I) the balance in such arrangement at the end of such plan year is zero, or (II) the individual is making a qualified HSA distribution (as defined in section 106(e)) in an amount equal to the remaining balance in such arrangement as of the end of such plan year, in accordance with rules prescribed by the Secretary. (2) High deductible health plan (A) In general The term high deductible health plan means a health plan— (i) which has an annual deductible which is not less than— (I) $1,000 for self-only coverage, and (II) twice the dollar amount in subclause (I) for family coverage, and (ii) the sum of the annual deductible and the other annual out-of-pocket expenses required to be paid under the plan (other than for premiums) for covered benefits does not exceed— (I) $5,000 for self-only coverage, and (II) twice the dollar amount in subclause (I) for family coverage. (B) Exclusion of certain plans Such term does not include a health plan if substantially all of its coverage is described in paragraph (1)(B). (C) Safe harbor for absence of preventive care deductible A plan shall not fail to be treated as a high deductible health plan by reason of failing to have a deductible for preventive care (within the meaning of section 1871 of the Social Security Act, except as otherwise provided by the Secretary). (D) Special rule for annual out-of-pocket limitation for network plans In the case of a plan using a network of providers, such plan shall not fail to be treated as a high deductible health plan by reason of having an out-of-pocket limitation for services provided outside of such network which exceeds the applicable limitation under subparagraph (A)(ii). (3) Permitted insurance The term permitted insurance means— (A) insurance if substantially all of the coverage provided under such insurance relates to— (i) liabilities incurred under workers’ compensation laws, (ii) tort liabilities, (iii) liabilities relating to ownership or use of property, or (iv) such other similar liabilities as the Secretary may specify by regulations, (B) insurance for a specified disease or illness, and (C) insurance paying a fixed amount per day (or other period) of hospitalization. (4) Family coverage The term family coverage means any coverage other than self-only coverage. (c) Special rules (1) Deduction allowable for only 1 plan For purposes of this section, in the case of an individual covered by more than 1 high deductible health plan for any month, the individual may only take into account amounts paid for 1 of such plans for such month. (2) Employer provided coverage (A) In general No deduction shall be allowed to an individual under subsection (a) for any amount paid for coverage under a high deductible health plan for a month if that individual participates in any coverage for such month that is excluded (in whole or in part) from the gross income of the individual or the individual’s spouse under section 106. (B) Cafeteria plans, etc Employer contributions to a cafeteria plan or a flexible spending or similar arrangement which are excluded from gross income under section 106 shall be treated for purposes of this section as paid by the employer. (3) Contributions to health savings account required A deduction shall not be allowed under subsection (a) for a taxable year with respect to such individual if such individual is not allowed a deduction under section 223 for such taxable year. (4) Medical and health savings accounts Subsection (a) shall not apply with respect to any amount which is paid or distributed out of an Archer MSA or a health savings account which is not included in gross income under section 220(f) or 223(f), as the case may be. (5) Coordination with deduction for health insurance of self-employed individuals The amount taken into account by the taxpayer in computing the deduction under section 162(l) shall not be taken into account under this section. (6) Coordination with medical expense deduction The amount taken into account by the taxpayer in computing the deduction under this section shall not be taken into account under section 213. . (b) Deduction allowed whether or not individual itemizes other deductions Subsection (a) of section 62 of such Code is amended by inserting after paragraph (21) the following new paragraph: (22) Premiums for high deductible health plans The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: Sec. 224. Premiums for high deductible health plans. Sec. 225. Cross reference. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 102. Repeal of high deductible health plan requirement (a) In general Subsection (a) of section 223 of such Code is amended to read as follows: (a) Deduction allowed In the case of an individual, there shall be allowed as a deduction for a taxable year an amount equal to the aggregate amount paid in cash during such taxable year by or on behalf of such individual to a health savings account of such individual. . (b) Conforming amendments (1) Section 223 of such Code is amended by striking subsection (c) and redesignating subsections (d) through (h) as subsections (c) through (g), respectively. (2) Section 223(b) of such Code is amended by striking paragraph (8). (3) Subparagraph (A) of section 223(c)(1) of such Code (as redesignated by paragraph (1)) is amended— (A) by striking subsection (f)(5) and inserting subsection (e)(5) , and (B) in clause (ii)— (i) by striking the sum of— and all that follows and inserting the dollar amount in effect under subsection (b)(1). . (4) Section 223(f)(1) of such Code (as redesignated by paragraph (1)) is amended by striking Each dollar amount in subsections (b)(2) and (c)(2)(A) and inserting In the case of a taxable year beginning after December 31, 2010, each dollar amount in subsection (b)(1) . (5) Section 26(b)(U) of such Code is amended by striking section 223(f)(4) and inserting section 223(e)(4) . (6) Sections 35(g)(3), 220(f)(5)(A), 848(e)(1)(v), 4973(a)(5), and 6051(a)(12) of such Code are each amended by striking section 223(d) each place it appears and inserting section 223(c) . (7) Section 106(d)(1) of such Code is amended— (A) by striking who is an eligible individual (as defined in section 223(c)(1)) , and (B) by striking section 223(d) and inserting section 223(c) . (8) Section 408(d)(9) of such Code is amended— (A) in subparagraph (A) by striking who is an eligible individual (as defined in section 223(c)) and , and (B) in subparagraph (C) by striking computed on the basis of the type of coverage under the high deductible health plan covering the individual at the time of the qualified HSA funding distribution . (9) Section 877A(g)(6) of such Code is amended by striking 223(f)(4) and inserting 223(e)(4) . (10) Section 4973(g) of such Code is amended— (A) by striking section 223(d) and inserting section 223(c) , (B) in paragraph (2), by striking section 223(f)(2) and inserting section 223(e)(2) , and (C) by striking section 223(f)(3) and inserting section 223(e)(3) . (11) Section 4975 of such Code is amended— (A) in subsection (c)(6)— (i) by striking section 223(d) and inserting section 223(c) , and (ii) by striking section 223(e)(2) and inserting section 223(d)(2) , and (B) in subsection (e)(1)(E), by striking section 223(d) and inserting section 223(c) . (12) Section 6693(a)(2)(C) of such Code is amended by striking section 223(h) and inserting section 223(g) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2011. 103. Increase in deductible HSA contribution limitations (a) In general Paragraph (1) of section 223(b) of the Internal Revenue Code of 1986 is amended by striking the sum of the monthly and all that follows through eligible individual and inserting $10,000 ($20,000 in the case of a joint return) . (b) Additional contributions Paragraph (3) of section 223(b) is amended to read as follows: (3) Additional contributions for individuals between 55 and 65 In the case of an individual who has attained the age of 55, but has not attained the age of 66, before the close of the taxable year, the limitation under paragraph (1) shall be increased by $10,000. . (c) Conforming amendments (1) Section 223(b) of such Code, as amended by this Act, is amended by striking paragraphs (2) and (5) and by redesignating paragraphs (3), (4), (6), and (7) as paragraphs (2), (3), (4), and (5), respectively. (2) Section 223(c)(1)(A)(ii) of such Code (as redesignated by this Act) is amended by striking the sum of— and all that follows and inserting the dollar amount in effect under subsection (b)(1). . (3) Section 223(f)(1) of such Code (as redesignated by this Act) is amended by striking Each dollar amount in subsections (b)(2) and (c)(2)(A) and inserting In the case of a taxable year beginning after December 31, 2013, each dollar amount in subsection (b)(1) . (4) Paragraph (3) of section 223(b) of such Code (as redesignated by paragraph (1)) is amended by striking the last sentence. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 104. Medicare eligible individuals eligible to contribute to HSA (a) Subsection (b) of section 223 of the Internal Revenue Code of 1986, as amended by this Act, is amended by striking paragraph (4). (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 105. HSA rollover to Medicare Advantage MSA (a) In general Paragraph (2) of section 138(b) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (A), by adding or at the end of subparagraph (C), and by adding at the end the following new subparagraph: (C) a HSA rollover contribution described in subsection (c)(5), . (b) HSA rollover contribution Subsection (c) of section 138 of such Code is amended by adding at the end the following new paragraph: (5) Rollover contribution An amount is described in this paragraph as a rollover contribution if it meets the requirements of subparagraphs (A) and (B). (A) In general The requirements of this subparagraph are met in the case of an amount paid or distributed from a health savings account to the account beneficiary to the extent the amount received is paid into a Medicare Advantage MSA of such beneficiary not later than the 60th day after the day on which the beneficiary receives the payment or distribution. (B) Limitation This paragraph shall not apply to any amount described in subparagraph (A) received by an individual from a health savings account if, at any time during the 1-year period ending on the day of such receipt, such individual received any other amount described in subparagraph (A) from a health savings account which was not includible in the individual’s gross income because of the application of section 223(e)(5)(A). . (c) Conforming amendment Subparagraph (A) of section 223(e)(5) of such Code, as amended by this Act, is amended by inserting or Medicare Advantage MSA after into a health savings account . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 106. One-Time transfer of flexible spending arrangement balance to health savings account in case of separation from employment (a) In general Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsection (j) as subsection (k) and by inserting after subsection (i) the following new subsection: (j) One-Time transfer of remaining balance in health flexible spending arrangement after separation from employment (1) In general For purposes of this title, a plan shall not fail to be treated as a health flexible spending arrangement solely because a participant may, in connection with separation from employment with the employer, direct amounts in the participant’s account under such arrangement to be contributed on behalf of the participant to a health savings account (as defined in section 223(c)) maintained for the benefit of the participant. . (b) Conforming amendment Section 223(c)(1)(A) of such Code, as amended by this Act, is amended by striking or section 220(f)(5) and inserting , section 125(j), or section 220(f)(5) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 107. Payment of high deductible health plan premiums from HSA (a) In general Subparagraph (B) of section 223(c)(2) of such Code, as amended by this Act, is amended by inserting other than a high deductible plan (as defined in section 224(b)(2)) before the period at the end. (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 108. Repeal of disqualification of expenses for over-the-counter drugs under certain accounts and arrangements (a) HSAs Subparagraph (A) of section 223(c)(2) of the Internal Revenue Code of 1986, as amended by this Act, is amended by striking the last sentence. (b) Archer MSAs Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence. (c) Health flexible spending arrangements and health reimbursement arrangements Section 106 of such Code is amended by striking subsection (f). (d) Effective date The amendments made by this section shall apply to expenses incurred after December 31, 2013. 109. Payment of long-term care premiums from health flexible spending arrangement (a) In general Section 125 of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after subsection (h) the following new subsection: (i) Payment of long-Term care premiums from health flexible spending arrangement (1) In general No payment for insurance may be made from a health flexible spending arrangement. (2) Long-term care insurance Paragraph (1) shall not apply to any expense for coverage under a qualified long-term care insurance contract (as defined in section 7702B(b)). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 110. Allowing MSA and HSA rollover to adult child of account holder (a) MSAs (1) In general Subparagraph (A) of section 220(f)(8) of the Internal Revenue Code of 1986 (relating to treatment after death of account holder) is amended— (A) by inserting or adult child after surviving spouse , (B) by inserting or adult child, as the case may be, after the spouse , and (C) by inserting or adult child after spouse in the heading thereof. (2) Adult child defined Paragraph (8) of section 220(f) of such Code is amended by adding at the end the following new subparagraph: (C) Adult child For purposes of this paragraph, the term adult child means an individual— (i) who is a child of the deceased individual, and (ii) with respect to whom a deduction under section 151 would not be allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual’s taxable year begins. . (b) HSAs (1) In general Subparagraph (A) of section 223(e)(8) of such Code, as amended by this Act, is amended— (A) by inserting or adult child after surviving spouse , (B) by inserting or adult child, as the case may be, after the spouse , and (C) by inserting or adult child after spouse in the heading thereof. (2) Adult child defined Paragraph (8) of section 223(e) of such Code, as amended by this Act, is amended by adding at the end the following new subparagraph: (C) Adult child For purposes of this paragraph, the term adult child has the meaning given such term by section 220(f)(8)(C). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 111. Disposition of unused health benefits in cafeteria plans and flexible spending arrangements (a) In general Section 125 of the Internal Revenue Code of 1986 is amended by redesignating subsections (k) and (l) as subsections (l) and (m), respectively, and by inserting after subsection (j) the following: (k) Carryforwards or payments of certain unused health benefits (1) In general For purposes of this title, a plan or other arrangement shall not fail to be treated as a cafeteria plan solely because qualified benefits under such plan include a health flexible spending arrangement under which not more than $500 of unused health benefits may be— (A) carried forward to the succeeding plan year of such health flexible spending arrangement, or (B) paid to or on behalf of an employee as compensation as of the end of such plan year or upon the termination of, or failure to re-enroll in, such plan or arrangement. (2) Distribution of unused health benefits on behalf of employee For purposes of paragraph (1)(B), unused health benefits paid as compensation on behalf of an employee by the employer shall be— (A) includible in gross income and wages of the employee, whether or not a deduction for such payment is allowable under this title to the employee, and (B) excludable from— (i) gross income to the extent provided under section 402(e), 457(a) (with respect to contributions to an eligible deferred compensation plan (as defined in section 457(b)) of an eligible employer described in section 457(e)(1)(A)), or 220, and (ii) wages to the extent otherwise provided for amounts so excludable. (3) Unused health benefits For purposes of this subsection, the term unused health benefits means the excess of— (A) the maximum amount of reimbursement allowable during a plan year under a health flexible spending arrangement, over (B) the actual amount of reimbursement during such year under such arrangement. . (b) Effective date The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2013. 112. Permitting beneficiary contributions to Medicare Advantage MSA (a) In general Subsection (b) of section 138 of such Code is amended by striking paragraph (2) and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 113. Child health savings account (a) In general Section 223 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new subsection: (h) Child health savings accounts (1) In general In the case of an individual, in addition to any deduction allowed under subsection (a) for any taxable year, there shall be allowed as a deduction under this section an amount equal to the aggregate amount paid in cash by the taxpayer during the taxable year to a child health savings account of a child of the taxpayer. (2) Limitation The amount taken into account under paragraph (1) with respect to each child of the taxpayer for the taxable year shall not exceed an amount equal to $3,000. (3) Child health savings account For purposes of this subsection, the term child health savings account means a health savings account designated as a child health savings account and established for the benefit of a child of a taxpayer, but only if— (A) such account was established for the benefit of the child before the child attains the age of 5, and (B) under the written governing instrument creating the trust, no contribution will be accepted to the extent such contribution, when added to previous contributions to the trust for the calendar year, exceeds the dollar amount in effect under paragraph (2). (4) Treatment of account before age 18 For purposes of this section, except as otherwise provided in this subsection, a child health savings account established for the benefit of the child of a taxpayer shall be treated as a health savings account of the taxpayer until the child attains the age of 18, after which such account shall be treated as a health savings account of the child. (5) Distributions (A) In general In the case of a child health savings account established under this section for the benefit of a child of a taxpayer— (i) Before age 18 Any amount paid or distributed out of such account before the child has attained the age of 18, shall be included in the gross income of the taxpayer, and subparagraph (A) of subsection (f) shall apply (relating to additional tax on distributions not used for qualified medical expenses). (ii) Age 18 and older Any amount paid or distributed out of such account after the child has attained the age of 18 may only be treated as used to pay qualified medical expenses to the extent such child is not covered as a dependent under insurance (other than permitted insurance) of a parent. (B) Exceptions for disability or death of child If the child becomes disabled within the meaning of section 72(m)(7) or dies— (i) subparagraph (A) shall not apply to any subsequent payment or distribution, and (ii) the taxpayer may rollover the amount in such account to an individual retirement plan of the taxpayer, to any health savings account of the taxpayer, or to any child health savings account of any other child of the taxpayer. (C) Health insurance may be purchased from account Subparagraph (B) of subsection (d)(2) shall not apply to any health savings account originally established as a child health savings account. (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including rules for determining application of this subsection in the case of legal guardians and in the case of parents of a child who file separately, are separated, or are not married. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. II Health insurance provisions 201. Cooperative governing of individual and group health insurance coverage (a) In general Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following new part: D Cooperative Governing of Individual and Group Health Insurance Coverage 2795. Definitions In this part: (1) Primary state The term primary State means, with respect to individual or group health insurance coverage offered by a health insurance issuer, the State designated by the issuer as the State whose covered laws shall govern the health insurance issuer in the sale of such coverage under this part. An issuer, with respect to a particular policy, may only designate one such State as its primary State with respect to all such coverage it offers. Such an issuer may not change the designated primary State with respect to individual or group health insurance coverage once the policy is issued, except that such a change may be made upon renewal of the policy. With respect to such designated State, the issuer is deemed to be doing business in that State. (2) Secondary state The term secondary State means, with respect to individual or group health insurance coverage offered by a health insurance issuer, any State that is not the primary State. In the case of a health insurance issuer that is selling a policy in, or to a resident of, a secondary State, the issuer is deemed to be doing business in that secondary State. (3) Health insurance issuer The term health insurance issuer has the meaning given such term in section 2791(b)(2), except that such an issuer must be licensed in the primary State and be qualified to sell individual health insurance coverage in that State. (4) Individual health insurance coverage The term individual health insurance coverage means health insurance coverage offered in the individual market, as defined in section 2791(e)(1). (5) Group health insurance coverage The term group health insurance coverage has the meaning given such term in 2791(b)(4). (6) Applicable state authority The term applicable State authority means, with respect to a health insurance issuer in a State, the State insurance commissioner or official or officials designated by the State to enforce the requirements of this title for the State with respect to the issuer. (7) Hazardous financial condition The term hazardous financial condition means that, based on its present or reasonably anticipated financial condition, a health insurance issuer is unlikely to be able— (A) to meet obligations to policyholders with respect to known claims and reasonably anticipated claims; or (B) to pay other obligations in the normal course of business. (8) Covered laws (A) In general The term covered laws means the laws, rules, regulations, agreements, and orders governing the insurance business pertaining to— (i) individual or group health insurance coverage issued by a health insurance issuer; (ii) the offer, sale, rating (including medical underwriting), renewal, and issuance of individual or group health insurance coverage to an individual; (iii) the provision to an individual in relation to individual or group health insurance coverage of health care and insurance related services; (iv) the provision to an individual in relation to individual or group health insurance coverage of management, operations, and investment activities of a health insurance issuer; and (v) the provision to an individual in relation to individual or group health insurance coverage of loss control and claims administration for a health insurance issuer with respect to liability for which the issuer provides insurance. (B) Exception Such term does not include any law, rule, regulation, agreement, or order governing the use of care or cost management techniques, including any requirement related to provider contracting, network access or adequacy, health care data collection, or quality assurance. (9) State The term State means the 50 States and includes the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (10) Unfair claims settlement practices The term unfair claims settlement practices means only the following practices: (A) Knowingly misrepresenting to claimants and insured individuals relevant facts or policy provisions relating to coverage at issue. (B) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under policies. (C) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under policies. (D) Failing to effectuate prompt, fair, and equitable settlement of claims submitted in which liability has become reasonably clear. (E) Refusing to pay claims without conducting a reasonable investigation. (F) Failing to affirm or deny coverage of claims within a reasonable period of time after having completed an investigation related to those claims. (G) A pattern or practice of compelling insured individuals or their beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them. (H) A pattern or practice of attempting to settle or settling claims for less than the amount that a reasonable person would believe the insured individual or his or her beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application. (I) Attempting to settle or settling claims on the basis of an application that was materially altered without notice to, or knowledge or consent of, the insured. (J) Failing to provide forms necessary to present claims within 15 calendar days of a request with reasonable explanations regarding their use. (K) Attempting to cancel a policy in less time than that prescribed in the policy or by the law of the primary State. (11) Fraud and abuse The term fraud and abuse means an act or omission committed by a person who, knowingly and with intent to defraud, commits, or conceals any material information concerning, one or more of the following: (A) Presenting, causing to be presented or preparing with knowledge or belief that it will be presented to or by an insurer, a reinsurer, broker or its agent, false information as part of, in support of or concerning a fact material to one or more of the following: (i) An application for the issuance or renewal of an insurance policy or reinsurance contract. (ii) The rating of an insurance policy or reinsurance contract. (iii) A claim for payment or benefit pursuant to an insurance policy or reinsurance contract. (iv) Premiums paid on an insurance policy or reinsurance contract. (v) Payments made in accordance with the terms of an insurance policy or reinsurance contract. (vi) A document filed with the commissioner or the chief insurance regulatory official of another jurisdiction. (vii) The financial condition of an insurer or reinsurer. (viii) The formation, acquisition, merger, reconsolidation, dissolution or withdrawal from one or more lines of insurance or reinsurance in all or part of a State by an insurer or reinsurer. (ix) The issuance of written evidence of insurance. (x) The reinstatement of an insurance policy. (B) Solicitation or acceptance of new or renewal insurance risks on behalf of an insurer reinsurer or other person engaged in the business of insurance by a person who knows or should know that the insurer or other person responsible for the risk is insolvent at the time of the transaction. (C) Transaction of the business of insurance in violation of laws requiring a license, certificate of authority or other legal authority for the transaction of the business of insurance. (D) Attempt to commit, aiding or abetting in the commission of, or conspiracy to commit the acts or omissions specified in this paragraph. 2796. Application of law (a) In general The covered laws of the primary State shall apply to individual and group health insurance coverage offered by a health insurance issuer in the primary State and in any secondary State, but only if the coverage and issuer comply with the conditions of this section with respect to the offering of coverage in any secondary State and only if the covered laws of the primary State— (1) do not apply any age limitations with respect to who may purchase such coverage that is a high deductible health plan; and (2) do not require such coverage that is a high deductible health plan to provide for any specific type of coverage. (b) Exemptions from covered laws in a secondary state Except as provided in this section, a health insurance issuer with respect to its offer, sale, rating (including medical underwriting), renewal, and issuance of individual or group health insurance coverage in any secondary State is exempt from any covered laws of the secondary State (and any rules, regulations, agreements, or orders sought or issued by such State under or related to such covered laws) to the extent that such laws would— (1) make unlawful, or regulate, directly or indirectly, the operation of the health insurance issuer operating in the secondary State, except that any secondary State may require such an issuer— (A) to pay, on a nondiscriminatory basis, applicable premium and other taxes (including high risk pool assessments) which are levied on insurers and surplus lines insurers, brokers, or policyholders under the laws of the State; (B) to register with and designate the State insurance commissioner as its agent solely for the purpose of receiving service of legal documents or process; (C) to submit to an examination of its financial condition by the State insurance commissioner in any State in which the issuer is doing business to determine the issuer’s financial condition, if— (i) the State insurance commissioner of the primary State has not done an examination within the period recommended by the National Association of Insurance Commissioners; and (ii) any such examination is conducted in accordance with the examiners’ handbook of the National Association of Insurance Commissioners and is coordinated to avoid unjustified duplication and unjustified repetition; (D) to comply with a lawful order issued— (i) in a delinquency proceeding commenced by the State insurance commissioner if there has been a finding of financial impairment under subparagraph (C); or (ii) in a voluntary dissolution proceeding; (E) to comply with an injunction issued by a court of competent jurisdiction, upon a petition by the State insurance commissioner alleging that the issuer is in hazardous financial condition; (F) to participate, on a nondiscriminatory basis, in any insurance insolvency guaranty association or similar association to which a health insurance issuer in the State is required to belong; (G) to comply with any State law regarding fraud and abuse (as defined in section 2795(10)), except that if the State seeks an injunction regarding the conduct described in this subparagraph, such injunction must be obtained from a court of competent jurisdiction; (H) to comply with any State law regarding unfair claims settlement practices (as defined in section 2795(9)); or (I) to comply with the applicable requirements for independent review under section 2798 with respect to coverage offered in the State; (2) require any individual or group health insurance coverage issued by the issuer to be countersigned by an insurance agent or broker residing in that secondary State; (3) apply any age limitations with respect to who may purchase such coverage that is a high deductible health plan; (4) require such coverage that is a high deductible health plan to provide for any specific type of coverage; or (5) otherwise discriminate against the issuer issuing insurance in both the primary State and in any secondary State. (c) Clear and conspicuous disclosure A health insurance issuer shall provide the following notice, in 12-point bold type, in any insurance coverage offered in a secondary State under this part by such a health insurance issuer and at renewal of the policy, with the 5 blank spaces therein being appropriately filled with the name of the health insurance issuer, the name of primary State, the name of the secondary State, the name of the secondary State, and the name of the secondary State, respectively, for the coverage concerned: Notice: This policy is issued by ____ and is governed by the laws and regulations of the State of ____, and it has met all the laws of that State as determined by that State’s Department of Insurance. This policy may be less expensive than others because it is not subject to all of the insurance laws and regulations of the State of _____, including coverage of some services or benefits mandated by the law of the State of _____. Additionally, this policy is not subject to all of the consumer protection laws or restrictions on rate changes of the State of _____. As with all insurance products, before purchasing this policy, you should carefully review the policy and determine what health care services the policy covers and what benefits it provides, including any exclusions, limitations, or conditions for such services or benefits. . (d) Prohibition on certain reclassifications and premium increases (1) In general For purposes of this section, a health insurance issuer that provides individual or group health insurance coverage to an individual under this part in a primary or secondary State may not upon renewal— (A) move or reclassify the individual insured under the health insurance coverage from the class such individual is in at the time of issue of the contract based on the health status-related factors of the individual; or (B) increase the premiums assessed the individual for such coverage based on a health status-related factor or change of a health status-related factor or the past or prospective claim experience of the insured individual. (2) Construction Nothing in paragraph (1) shall be construed to prohibit a health insurance issuer— (A) from terminating or discontinuing coverage or a class of coverage in accordance with subsections (b) and (c) of section 2742; (B) from raising premium rates for all policyholders within a class based on claims experience; (C) from changing premiums or offering discounted premiums to individuals who engage in wellness activities at intervals prescribed by the issuer, if such premium changes or incentives— (i) are disclosed to the consumer in the insurance contract; (ii) are based on specific wellness activities that are not applicable to all individuals; and (iii) are not obtainable by all individuals to whom coverage is offered; (D) from reinstating lapsed coverage; or (E) from retroactively adjusting the rates charged an insured individual if the initial rates were set based on material misrepresentation by the individual at the time of issue. (e) Prior offering of policy in primary state A health insurance issuer may not offer for sale individual or group health insurance coverage in a secondary State unless that coverage is currently offered for sale in the primary State. (f) Licensing of agents or brokers for health insurance issuers Any State may require that a person acting, or offering to act, as an agent or broker for a health insurance issuer with respect to the offering of individual or group health insurance coverage obtain a license from that State, with commissions or other compensation subject to the provisions of the laws of that State, except that a State may not impose any qualification or requirement which discriminates against a nonresident agent or broker. (g) Documents for submission to state insurance commissioner Each health insurance issuer issuing individual or group health insurance coverage in both primary and secondary States shall submit— (1) to the insurance commissioner of each State in which it intends to offer such coverage, before it may offer individual or group health insurance coverage in such State— (A) a copy of the plan of operation or feasibility study or any similar statement of the policy being offered and its coverage (which shall include the name of its primary State and its principal place of business); (B) written notice of any change in its designation of its primary State; and (C) written notice from the issuer of the issuer’s compliance with all the laws of the primary State; and (2) to the insurance commissioner of each secondary State in which it offers individual or group health insurance coverage, a copy of the issuer’s quarterly financial statement submitted to the primary State, which statement shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by— (A) a member of the American Academy of Actuaries; or (B) a qualified loss reserve specialist. (h) Power of courts To enjoin conduct Nothing in this section shall be construed to affect the authority of any Federal or State court to enjoin— (1) the solicitation or sale of individual or group health insurance coverage by a health insurance issuer to any person or group who is not eligible for such insurance; or (2) the solicitation or sale of individual or group health insurance coverage that violates the requirements of the law of a secondary State which are described in subparagraphs (A) through (H) of section 2796(b)(1). (i) Power of Secondary States To Take Administrative Action Nothing in this section shall be construed to affect the authority of any State to enjoin conduct in violation of that State’s laws described in section 2796(b)(1). (j) State powers To enforce state laws (1) In general Subject to the provisions of subsection (b)(1)(G) (relating to injunctions) and paragraph (2), nothing in this section shall be construed to affect the authority of any State to make use of any of its powers to enforce the laws of such State with respect to which a health insurance issuer is not exempt under subsection (b). (2) Courts of competent jurisdiction If a State seeks an injunction regarding the conduct described in paragraphs (1) and (2) of subsection (h), such injunction must be obtained from a Federal or State court of competent jurisdiction. (k) States’ authority To sue Nothing in this section shall affect the authority of any State to bring action in any Federal or State court. (l) Generally applicable laws Nothing in this section shall be construed to affect the applicability of State laws generally applicable to persons or corporations. (m) Guaranteed Availability of Coverage to HIPAA Eligible Individuals To the extent that a health insurance issuer is offering coverage in a primary State that does not accommodate residents of secondary States or does not provide a working mechanism for residents of a secondary State, and the issuer is offering coverage under this part in such secondary State which has not adopted a qualified high risk pool as its acceptable alternative mechanism (as defined in section 2744(c)(2)), the issuer shall, with respect to any individual or group health insurance coverage offered in a secondary State under this part, comply with the guaranteed availability requirements for eligible individuals in section 2741. (n) No mandated benefit coverage requirements Notwithstanding any other provision of law, a health insurance issuer offering individual or group health insurance coverage in a primary State and in any secondary State in accordance with this part (and any coverage so offered) shall not be subject to any Federal law that would otherwise— (1) apply any age limitations with respect to who may purchase such coverage that is a high deductible health plan; or (2) require such coverage that is a high deductible health plan to provide for any specific type of coverage. 2797. Primary State must meet Federal floor before issuer may sell into secondary States A health insurance issuer may not offer, sell, or issue individual or group health insurance coverage in a secondary State if the State insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all health insurance issuers. 2798. Independent external appeals procedures (a) Right to External Appeal A health insurance issuer may not offer, sell, or issue individual or group health insurance coverage in a secondary State under the provisions of this title unless— (1) both the secondary State and the primary State have legislation or regulations in place establishing an independent review process for individuals who are covered by individual health insurance coverage or group health insurance offered by a health insurance issuer, respectively, or (2) in any case in which the requirements of subparagraph (A) are not met with respect to the either of such States, the issuer provides an independent review mechanism substantially identical (as determined by the applicable State authority of such State) to that prescribed in the Health Carrier External Review Model Act of the National Association of Insurance Commissioners for all individuals who purchase insurance coverage under the terms of this part, except that, under such mechanism, the review is conducted by an independent medical reviewer, or a panel of such reviewers, with respect to whom the requirements of subsection (b) are met. (b) Qualifications of Independent Medical Reviewers In the case of any independent review mechanism referred to in subsection (a)(2): (1) In general In referring a denial of a claim to an independent medical reviewer, or to any panel of such reviewers, to conduct independent medical review, the issuer shall ensure that— (A) each independent medical reviewer meets the qualifications described in paragraphs (2) and (3); (B) with respect to each review, each reviewer meets the requirements of paragraph (4) and the reviewer, or at least 1 reviewer on the panel, meets the requirements described in paragraph (5); and (C) compensation provided by the issuer to each reviewer is consistent with paragraph (6). (2) Licensure and expertise Each independent medical reviewer shall be a physician (allopathic or osteopathic) or health care professional who— (A) is appropriately credentialed or licensed in 1 or more States to deliver health care services; and (B) typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (3) Independence (A) In general Subject to subparagraph (B), each independent medical reviewer in a case shall— (i) not be a related party (as defined in paragraph (7)); (ii) not have a material familial, financial, or professional relationship with such a party; and (iii) not otherwise have a conflict of interest with such a party (as determined under regulations). (B) Exception Nothing in subparagraph (A) shall be construed to— (i) prohibit an individual, solely on the basis of affiliation with the issuer, from serving as an independent medical reviewer if— (I) a non-affiliated individual is not reasonably available; (II) the affiliated individual is not involved in the provision of items or services in the case under review; (III) the fact of such an affiliation is disclosed to the issuer and the enrollee (or authorized representative) and neither party objects; and (IV) the affiliated individual is not an employee of the issuer and does not provide services exclusively or primarily to or on behalf of the issuer; (ii) prohibit an individual who has staff privileges at the institution where the treatment involved takes place from serving as an independent medical reviewer merely on the basis of such affiliation if the affiliation is disclosed to the issuer and the enrollee (or authorized representative), and neither party objects; or (iii) prohibit receipt of compensation by an independent medical reviewer from an entity if the compensation is provided consistent with paragraph (6). (4) Practicing health care professional in same field (A) In general In a case involving treatment, or the provision of items or services— (i) by a physician, a reviewer shall be a practicing physician (allopathic or osteopathic) of the same or similar specialty, as a physician who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review; or (ii) by a non-physician health care professional, the reviewer, or at least 1 member of the review panel, shall be a practicing non-physician health care professional of the same or similar specialty as the non-physician health care professional who, acting within the appropriate scope of practice within the State in which the service is provided or rendered, typically treats the condition, makes the diagnosis, or provides the type of treatment under review. (B) Practicing defined For purposes of this paragraph, the term practicing means, with respect to an individual who is a physician or other health care professional, that the individual provides health care services to individual patients on average at least 2 days per week. (5) Pediatric expertise In the case of an external review relating to a child, a reviewer shall have expertise under paragraph (2) in pediatrics. (6) Limitations on reviewer compensation Compensation provided by the issuer to an independent medical reviewer in connection with a review under this section shall— (A) not exceed a reasonable level; and (B) not be contingent on the decision rendered by the reviewer. (7) Related party defined For purposes of this section, the term related party means, with respect to a denial of a claim under a coverage relating to an enrollee, any of the following: (A) The issuer involved, or any fiduciary, officer, director, or employee of the issuer. (B) The enrollee (or authorized representative). (C) The health care professional that provides the items or services involved in the denial. (D) The institution at which the items or services (or treatment) involved in the denial are provided. (E) The manufacturer of any drug or other item that is included in the items or services involved in the denial. (F) Any other party determined under any regulations to have a substantial interest in the denial involved. (8) Definitions For purposes of this subsection: (A) Enrollee The term enrollee means, with respect to health insurance coverage offered by a health insurance issuer, an individual enrolled with the issuer to receive such coverage. (B) Health care professional The term health care professional means an individual who is licensed, accredited, or certified under State law to provide specified health care services and who is operating within the scope of such licensure, accreditation, or certification. 2799. Enforcement (a) In general Subject to subsection (b), with respect to specific individual or group health insurance coverage the primary State for such coverage has sole jurisdiction to enforce the primary State’s covered laws in the primary State and any secondary State. (b) Secondary state’s authority Nothing in subsection (a) shall be construed to affect the authority of a secondary State to enforce its laws as set forth in the exception specified in section 2796(b)(1). (c) Court interpretation In reviewing action initiated by the applicable secondary State authority, the court of competent jurisdiction shall apply the covered laws of the primary State. (d) Notice of compliance failure In the case of individual health insurance coverage offered in a secondary State, or group health insurance coverage offered by a health insurance issuer in a secondary State, that fails to comply with the covered laws of the primary State, the applicable State authority of the secondary State may notify the applicable State authority of the primary State. . (b) Effective date The amendment made by subsection (a) shall apply to health insurance coverage offered, issued, or sold after the date that is one year after the date of the enactment of this Act. (c) GAO ongoing study and reports (1) Study The Comptroller General of the United States shall conduct an ongoing study concerning the effect of the amendment made by subsection (a) on— (A) the number of uninsured and under-insured; (B) the availability and cost of health insurance policies for individuals with pre-existing medical conditions; (C) the availability and cost of health insurance policies generally; (D) the elimination or reduction of different types of benefits under health insurance policies offered in different States; and (E) cases of fraud or abuse relating to health insurance coverage offered under such amendment and the resolution of such cases. (2) Annual reports The Comptroller General shall submit to Congress an annual report, after the end of each of the 5 years following the effective date of the amendment made by subsection (a), on the ongoing study conducted under paragraph (1). 202. Reauthorization of the Preexisting Condition Insurance Plan (PCIP) Program (a) In general The PCIP program is hereby reauthorized through December 31, 2016, and shall continue in effect subject to the provisions of this section. (b) Elimination of requirement for noncoverage for 6 months To be eligible individual The condition under paragraph (2) of section 1101(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001(d) ) shall not apply to the reauthorized PCIP program. (c) Funding (1) Initial funding Initial funding for the reauthorized PCIP program shall be derived from the following: (A) Funding that was available in the Patient-Centered Outcomes Research Institute Trust Fund under section 9511 of the Internal Revenue Code of 1986 on the day before the date of the enactment of this Act. (B) Any unobligated funds in the Prevention and Public Health Fund (under section 4002 of Public Law 111–148, 42 U.S.C. 300u–11 ) attributable to fiscal year 2013 as of the day before the date of the enactment of this Act. (2) Subsequent funding Subsequent funding for the reauthorized PCIP program shall be derived from any funds that would otherwise be made available to such Prevention and Public Health Fund for fiscal years 2014 through 2016. (3) Transfer Funding under the previous paragraphs shall be transferred to an account within the Department of Health and Human Services that provided funding, as of the day before the date of the enactment of this Act, to carry out the PCIP program. (d) Definitions In this section: (1) The term PCIP program means the Preexisting Condition Insurance Plan (PCIP) Program established as of the day before the date of the enactment of this Act under section 1101 of Public Law 111–148 ( 42 U.S.C. 18001 ). (2) The term reauthorized PCIP program means the PCIP program as reauthorized under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr2688ih/xml/BILLS-113hr2688ih.xml |
113-hr-2689 | I 113th CONGRESS 1st Session H. R. 2689 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Gardner (for himself, Mr. Welch , Mr. Coffman , Mrs. Roby , Mr. Kinzinger of Illinois , Mr. Matheson , Mr. Griffin of Arkansas , Ms. Kuster , Ms. Bordallo , Mr. Peters of California , Mr. Huffman , Mr. Bera of California , Mr. Nolan , Mr. Lowenthal , Mr. McNerney , Mr. Young of Indiana , Mr. Moran , Mr. Schrader , Mr. Blumenauer , Mr. Maffei , Mr. Loebsack , Mr. Cooper , Mr. Bishop of Georgia , Mr. Cicilline , Mr. Sean Patrick Maloney of New York , and Mr. Owens ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Energy Conservation Policy Act to encourage the increased use of performance contracting in Federal facilities.
1. Short title This Act may be cited as the Energy Savings Through Public-Private Partnerships Act of 2013 . 2. Findings Congress finds the following: (1) Private sector funding and expertise can help address the energy efficiency challenges facing the United States. (2) The Federal Government spends more than $6 billion annually in energy costs. (3) Reducing Federal energy costs can help save money, create jobs, and reduce waste. (4) Energy savings performance contracts and utility energy service contracts are tools for utilizing private sector investment to upgrade Federal facilities without any up-front cost to the taxpayer. (5) Performance contracting is a way to retrofit Federal buildings using private sector investment in the absence of appropriated dollars. Retrofits seek to reduce energy use, improve infrastructure, protect national security, and cut facility operations and maintenance costs. 3. Use of energy and water efficiency measures in Federal buildings (a) Implementation of identified energy and water efficiency measures Section 543(f)(4) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(4) ) is amended to read as follows: (4) Implementation of identified energy and water efficiency measures (A) In general Not later than 2 years after the completion of each evaluation under paragraph (3), each energy manager shall consider— (i) implementing any energy- or water-saving or conservation measure that the Federal agency identified in the evaluation conducted under paragraph (3) that is life cycle cost-effective; and (ii) bundling individual measures of varying paybacks together into combined projects. (B) Measures not implemented The energy manager, as part of the certification system under paragraph (7) and using guidelines developed by the Secretary, shall provide reasons for not implementing any life cycle cost-effective measures under subparagraph (A). . (b) Annual contracting goal Section 543(f)(10)(C) of the National Energy Conservation Policy Act (42 U.S.C. 8253(f)(10)(C)) is amended— (1) by striking Each Federal agency and inserting the following: (i) In general Each Federal agency ; and (2) by adding at the end the following new clauses: (ii) Tracking Each Federal agency shall use the benchmarking systems selected or developed for the agency under paragraph (8) to track energy savings realized by the agency through the implementation of energy- or water-saving or conservation measures pursuant to paragraph (4), and shall submit information regarding such savings to the Secretary to be published on a public website of the Department of Energy. (iii) Consideration Each Federal agency shall consider using energy savings performance contracts or utility energy service contracts to implement energy- or water-saving or conservation measures pursuant to paragraph (4). (iv) Contracting goal It shall be the goal of the Federal Government, in the implementation of energy- or water-saving or conservation measures pursuant to paragraph (4), to enter into energy savings performance contracts or utility energy service contracts equal to $1,000,000,000 in each year during the 5-year period beginning on January 1, 2014. (v) Report to Congress Not later than September 30 of each year during the 5-year period referred to in clause (iv), each Federal agency shall submit to the Secretary information regarding progress made by the agency towards achieving the goal described in such clause. Not later than 60 days after each such September 30, the Secretary, acting through the Federal Energy Management Program, shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the progress made by the Federal Government towards achieving such goal. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2689ih/xml/BILLS-113hr2689ih.xml |
113-hr-2690 | I 113th CONGRESS 1st Session H. R. 2690 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Cummings (for himself, Mr. Lynch , Mr. Tierney , Mr. Connolly , Ms. Speier , Ms. Norton , Mr. Danny K. Davis of Illinois , and Ms. Kelly of Illinois ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To enhance the long-term profitability of the United States Postal Service through enhanced innovation, operational flexibility, workforce realignment, and regulatory relief.
1. Short title; table of contents; references (a) Short title This Act may be cited as the Innovate to Deliver Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents; references. Title I—POSTAL SERVICE PROFITABILITY AND REVENUE-GENERATING ENHANCEMENTS Subtitle A—Postal Service Products and Pricing Sec. 101. USPS innovation officer and accountability. Sec. 102. Authority to offer nonpostal services. Sec. 103. Requirement that market-dominant products cover attributable costs. Sec. 104. PRC to revisit CPI cap instituted under PAEA. Sec. 105. Enhanced product innovation. Sec. 106. Authority to ship beer, wine and distilled spirits. Sec. 107. Repeal of uniform rate for books, films, and other materials. Subtitle B—Postal Service Management Sec. 108. USPS balanced budget minimum requirement. Sec. 109. Reporting requirement for Board of Governors and Postal Regulatory Commissioners. Sec. 110. Restrictions on postal service executive compensation. Sec. 111. Investment of competitive product moneys. Title II—POSTAL SERVICE WORKFORCE REALIGNMENT AND RIGHT-SIZING Sec. 201. Separate normal-cost percentage recalculation of Federal Employees Retirement System. Sec. 202. Treatment of surplus contributions to Federal Employees Retirement System. Sec. 203. Sense of Congress. Sec. 204. Contributions to Thrift Savings Fund of voluntary separation incentive payments. Sec. 205. Service credit contributions of voluntary separation incentive payments. Sec. 206. Modification of prepayment schedule relating to Postal Service Retiree Health Benefits Fund. Sec. 207. Study on USPS workforce realignment and right-sizing options. Sec. 208. Applicability of provisions relating to reductions in force. Sec. 209. Enhanced reporting on facility network initiatives. Title III—POSTAL SERVICE IMPROVEMENTS AND REGULATORY RELIEF Sec. 301. Permit appeal rights for closing of postal stations and branches. Sec. 302. Intra-agency cooperative agreements. Sec. 303. Grouping of negotiated service agreements. Sec. 304. Simplification of process for classification of competitive products. Sec. 305. Development of new market-dominant classes of mail. Sec. 306. Expedited consideration of service changes by PRC. (c) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 39, United States Code. I POSTAL SERVICE PROFITABILITY AND REVENUE-GENERATING ENHANCEMENTS A Postal Service Products and Pricing 101. USPS innovation officer and accountability (a) In general Chapter 2 is amended by adding at the end the following: 209. USPS innovation officer and accountability (a) In general There shall be in the Postal Service a Chief Innovation Officer selected by the Postmaster General who shall have proven expertise and a record of success in 1 or more of the following: postal and shipping industry, innovation product research and development, marketing brand strategy, emerging communications technology, or business process management. The Chief Innovation Officer shall manage the Postal Service’s development and implementation of innovative postal and nonpostal products and services. (b) Duties The Chief Innovation Officer shall have as primary duties— (1) leading the development of innovative nonpostal products and services that will maximize revenue to the Postal Service; (2) developing innovative postal products and services, particularly those that utilize emerging information technologies, to maximize revenue to the Postal Service; (3) monitoring the performance of innovative products and services and revising them as needed to meet changing market trends; and (4) taking into consideration comments or advisory opinions, if applicable, issued by the Postal Regulatory Committee prior to the initial sale of innovative postal or nonpostal products and services. (c) Designation (1) Deadline As soon as practicable after the date of enactment of this section, but no later than January 1, 2014, the Postmaster General shall designate a Chief Innovation Officer. (2) Condition Nothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service from serving as the Chief Innovation Officer under this chapter. However, upon appointment to the position of the Chief Innovation Officer, such individual may not, while serving in such office, concurrently hold any other office or position in the Postal Service. (d) Innovation strategy (1) In general Not later than 12 months after the date on which the Chief Innovation Officer is designated under subsection (c)(1), the Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a comprehensive strategy for maximizing revenues through innovative postal and nonpostal products and services. (2) Matters to be addressed At a minimum, the strategy required by this section shall address— (A) the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including the nature of the market to be filled by each product and service and the likely date by which each product and service will be introduced; (B) the cost of developing and offering each product or service; (C) the anticipated sales volume of each product and service; (D) the anticipated revenues and profits expected to be generated by each product and service; (E) the likelihood of success of each innovative product and service as well as the risks associated with the development and sale of each innovative product and service; (F) the trends anticipated in market conditions that may affect the success of each product and service over the 5-year period beginning on the date such strategy or update is submitted; and (G) the metrics that will be utilized to assess the effectiveness of the innovation strategy. (3) Strategy updates On January 1, 2018, and every 3 years thereafter, the Chief Innovation Officer shall submit an update to the innovation strategy submitted under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Postal Regulatory Commission. (e) Report on performance (1) In general The Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Postal Regulatory Commission with the President’s budget submission under section 1105(a) of title 31 a report that details the Postal Service’s progress in implementing the Innovation Strategy. (2) Matters to be addressed At a minimum, the report required by this section shall address— (A) the revenue generated by each product and service developed through the Innovation Strategy and the costs of developing and offering each such product and service for the most recent fiscal year; (B) the total sales volume and revenue generated by each product and service on a monthly basis for the preceding year; (C) trends in the markets filled by each product and service; (D) products and services identified in the Innovation Strategy that are to be discontinued, the date on which the discontinuance will occur, and the reasons for the discontinuance; (E) alterations in products and services identified in the Innovation Strategy that will be made to meet changing market conditions, and an explanation of how these alterations will ensure the success of the products and services; and (F) the performance of the Innovation Strategy according to the metrics identified in subsection (d)(2)(G). (f) Comptroller general (1) In general The Comptroller General shall conduct a study on the implementation of the innovation strategy not later than 4 years after the date of enactment of this section. (2) Contents At a minimum, the Comptroller General shall assess the effectiveness of the Postal Service in identifying, developing, and selling innovative postal and nonpostal products and services. The study shall also include— (A) an audit of the costs of developing each innovative postal and nonpostal product and service developed or offered by the Postal Service during the period beginning on the date of enactment of this section and ending 4 years after such date; (B) the sales volume of each such product and service; (C) the revenues and profits generated by each such product and service; and (D) the likelihood of continued success of each such product and service. (3) Submission The results of the study required under this subsection shall be submitted to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Clerical amendment The table of sections at the beginning of chapter 2 is amended by adding at the end the following: 209. USPS innovation officer and accountability. . 102. Authority to offer nonpostal services (a) Specific power Section 404(a) is amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period and inserting ; and ; and (3) by adding at the end the following: (9) to provide nonpostal services in accordance with subsection (e). . (b) Nonpostal services Section 404(e) is amended to read as follows: (e) (1) The Postal Service may provide nonpostal services that use the processing, transportation, delivery, retail network, technology, or other resources of the Postal Service in a manner consistent with the public interest. (2) At least 90 days before offering new nonpostal services, the Postal Service shall request an advisory opinion from the Postal Regulatory Commission that evaluates the extent to which the provision of such nonpostal services— (A) would use the processing, transportation, delivery, retail network, technology, or other resources of the Postal Service; and (B) would be consistent with the public interest. (3) Within 45 days after receiving the request under paragraph (2), the Postal Regulatory Commission— (A) shall issue its advisory opinion to the Postal Service; and (B) shall transmit a copy of such opinion, together with the original request, to— (i) the Committee on Oversight and Government Reform of the House of Representatives; and (ii) the Committee on Homeland Security and Governmental Affairs of the Senate. (4) For purposes of this title, the term nonpostal services means services and products other than postal services as defined in section 102(5), including— (A) check-cashing services; (B) new technology and media services; (C) warehousing and logistics; (D) facility leasing; and (E) public internet access services. . 103. Requirement that market-dominant products cover attributable costs (a) Repeal Paragraph (2) of section 3622(c) is repealed. (b) Each class To bear attributable costs Section 3622(d)(1) is amended— (1) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F); (2) by inserting before subparagraph (B) (as so redesignated by paragraph (1)) the following: (A) require that each class or type of mail service shall bear the direct and indirect postal costs attributable to such class or type through reliably identified causal relationships plus that portion of all other costs of the Postal Service reasonably assignable to such class or type; ; and (3) in subparagraph (B) (as so redesignated by paragraph (1)) by inserting , excluding changes required to satisfy subparagraph (A), before to be set . 104. PRC to revisit CPI cap instituted under PAEA Section 3622 is amended— (1) in subsection (c)— (A) in paragraph (13), by striking and at the end; (B) by redesignating paragraph (14) as paragraph (15); and (C) by inserting after paragraph (13) the following: (14) the value to the Postal Service of having pricing flexibility that would apply a price cap across all classes of market dominant products in comparison to a class-based price cap; and ; and (2) in subsection (d)(3), by striking Ten and inserting Seven . 105. Enhanced product innovation (a) Dollar-Amount limitation relating to market tests of experimental products Section 3641(e)(1) is amended by striking $10,000,000 and inserting $50,000,000 . (b) Dollar-Amount limitation relating to exemption authority Section 3641(e)(2) is amended by striking $50,000,000 and inserting $100,000,000 . 106. Authority to ship beer, wine and distilled spirits (a) Mailability (1) Nonmailable articles Section 1716(f) of title 18, United States Code, is amended by striking mails and inserting mails, except to the extent that the mailing is allowable under section 3001(p) of title 39 . (2) Application of laws Section 1161 of title 18, United States Code, is amended, by inserting , and, with respect to the mailing of distilled spirits, wine, or malt beverages (as those terms are defined in section 117 of the Federal Alcohol Administration Act ( 27 U.S.C. 211 )), is in conformity with section 3001(p) of title 39 after Register . (b) Regulations Section 3001 of title 39, United States Code, is amended by adding at the end the following: (p) (1) In this subsection, the terms distilled spirits , wine , and malt beverage have the same meanings as in section 117 of the Federal Alcohol Administration Act ( 27 U.S.C. 211 ). (2) Distilled spirits, wine, or malt beverages shall be considered mailable if mailed— (A) in accordance with the laws and regulations of— (i) the State, territory, or district of the United States where the sender or duly authorized agent initiates the mailing; and (ii) the State, territory, or district of the United States where the addressee or duly authorized agent takes delivery; and (B) to an addressee who is at least 21 years of age— (i) who provides a signature and presents a valid, government-issued photo identification upon delivery; or (ii) the duly authorized agent of whom— (I) is at least 21 years of age; and (II) provides a signature and presents a valid, government-issued photo identification upon delivery. (3) The Postal Service shall prescribe such regulations as may be necessary to carry out this subsection. . (c) Effective date The amendments made by this section shall take effect on the earlier of— (1) the date on which the Postal Service issues regulations under section 3001(p) of title 39, United States Code, as amended by this section; or (2) 120 days after the date of enactment of this Act. 107. Repeal of uniform rate for books, films, and other materials (a) In general Section 3683 is repealed. (b) Clerical amendment The table of sections at the beginning of chapter 36 is amended by repealing the item relating to section 3683. B Postal Service Management 108. USPS balanced budget minimum requirement Section 404(b) is amended— (1) by striking (b) and inserting (b)(1) ; and (2) by adding at the end the following: (2) Notwithstanding subparagraphs (B) or (E) of section 3622(d)(1), within 180 days after the date of enactment of this paragraph, the Governors shall ensure that the rates and fees charged for market dominant products, and the level and quality of service provided by the Postal Service, shall be adjusted in accordance with current law so that the total revenues received by the Postal Service, in fiscal year 2014 and each subsequent fiscal year, from all sources are at least equal to the total costs incurred in the provision of postal services, except that the Governors shall continue to provide all public services for which appropriations are made to the Postal Service under section 2401. (3) After the end of the 2-year period beginning on October 1, 2013, for any fiscal year that the Postal Service is not in compliance with paragraph (2), the Governors shall not receive a salary or compensation of any kind for the following fiscal year, but shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the Board. . 109. Reporting requirement for Board of Governors and Postal Regulatory Commissioners (a) Board of Governors Section 202(a) is amended by adding at the end the following: (3) Not later than 60 days after the end of each fiscal year, the Board of Governors shall submit an itemized report describing all travel and reimbursable business travel expenses paid to each Governor when performing Board duties to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The report submitted under this paragraph shall include a detailed justification for any travel or reimbursable business travel expense that deviates from the Board’s travel and reimbursable business travel expense policies and guidelines under paragraph (1). . (b) Administration Section 504(d) is amended— (1) by striking (d) and inserting (d)(1) ; and (2) by adding at the end the following: (2) Not later than 60 days after the end of each fiscal year, the Postal Regulatory Commissioners shall submit an itemized report describing all travel and reimbursable business travel expenses paid to each Commissioner, including the Chairman, when performing regulatory duties to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The report submitted under this paragraph shall include a detailed justification for any travel or reimbursable business travel expense that deviates from the Commission’s travel and reimbursable business travel expense policies and guidelines. . 110. Restrictions on postal service executive compensation (a) Limitations on compensation Section 1003 is amended— (1) in subsection (a), by striking the last sentence; and (2) by adding at the end the following: (e) Limitations on compensation (1) Rates of basic pay (A) In general Subject to subparagraph (B), an officer or employee of the Postal Service may not be paid at a rate of basic pay that exceeds the rate of basic pay for level II of the Executive Schedule under section 5313 of title 5. (B) Very senior executives Not more than 6 officers or employees of the Postal Service that are in very senior executive positions, as determined by the Board of Governors, may be paid at a rate of basic pay that does not exceed the rate of basic pay for level I of the Executive Schedule under section 5312 of title 5. (2) Benefits An officer or employee of the Postal Service who is in a critical senior executive or equivalent position, as designated under section 3686(c), may not receive fringe benefits (within the meaning given that term under section 1005(f)) that are greater than the fringe benefits received by supervisory and other managerial personnel who are not subject to collective-bargaining agreements under chapter 12. . (b) Limitation on bonus authority Section 3686 is amended— (1) in subsection (a), by striking The Postal Service and inserting Subject to subsection (f), the Postal Service ; and (2) by adding at the end the following: (f) Limitation on bonus authority (1) Determination Not later than 60 days after the end of fiscal year 2014 and each fiscal year thereafter, the Office of Management and Budget shall determine whether the Postal Service has, with respect to such fiscal year, implemented the measures needed to achieve long-term solvency and balanced budgeting, as required under paragraphs (2) and (3) of section 404(b). In order to make such determination, the Office of Management and Budget shall use the information provided under section 2009. (2) Limitation The Postal Service may not provide a bonus or other reward under this section to an officer or employee of the Postal service in a critical senior executive or equivalent position, as designated under subsection (c), during a covered year. (3) Definition In this subsection, the term covered year means the fiscal year following a fiscal year with respect to which the Office of Management and Budget determines under paragraph (1) that the Postal Service has not implemented the measures needed to achieve long-term solvency and balanced budgeting, as required under paragraphs (2) and (3) of section 404(b). . (c) Effective date; applicability The amendments made by subsections (a) through (c) shall— (1) take effect on the date of enactment of this Act; and (2) apply to any contract entered or modified by the Postal Service on or after the date of enactment of this Act. (d) Sunset Effective 2 years after the date of enactment of this Act— (1) section 1003 is amended— (A) in subsection (a), by adding at the end the following: No officer or employee shall be paid compensation at a rate in excess of the rate for level I of the Executive Schedule under section 5312 of title 5. ; and (B) by striking subsection (e); and (2) section 3686 is amended— (A) in subsection (a), by striking Subject to subsection (f), the Postal Service and inserting The Postal Service ; and (B) by striking subsection (f). 111. Investment of competitive product moneys Section 2003 is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; and (2) by inserting after subsection (c) the following: (d) Notwithstanding any other provision of this section, if the Postal Service determines that the moneys of the Competitive Products Fund are in excess of current needs, it may invest such amounts as it considers appropriate in accordance with regulations which the Secretary of the Treasury shall prescribe within 180 days after the date of enactment of this subsection. . II POSTAL SERVICE WORKFORCE REALIGNMENT AND RIGHT-SIZING 201. Separate normal-cost percentage recalculation of Federal Employees Retirement System (a) In general Section 8423(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (A)— (A) by striking subparagraph (B)) and inserting subparagraph (B) or (C)) ; and (B) by striking and at the end; (2) in subparagraph (B), by striking the period and inserting ; and ; and (3) by adding at the end the following: (C) the product of— (i) the normal-cost percentage, as determined for employees of the United States Postal Service (and the Postal Regulatory Commission), multiplied by (ii) the aggregate amount of basic pay payable by the United States Postal Service (and the Postal Regulatory Commission), for the period involved, to its employees. . (b) Effective date The amendments made by subsection (a) shall be carried out as soon as practicable, except that contributions shall be set in accordance with such amendments not later than the first applicable pay period beginning in the first fiscal year beginning at least 180 days after the date of the enactment of this Act. 202. Treatment of surplus contributions to Federal Employees Retirement System (a) In general Section 8423(b) of title 5, United States Code, is amended by adding at the end the following: (6) (A) If, for any fiscal year to which this paragraph applies, the amount determined under paragraph (1)(B) is less than zero (hereinafter in this paragraph referred to as excess postal contributions to FERS ), such amount shall be treated in accordance with the following: (i) In the case of the first fiscal year to which this paragraph applies and for which excess postal contributions to FERS are determined, the amount of such excess contributions shall be transferred by the Secretary of the Treasury to such account as the Secretary considers appropriate so that such amount shall be used for the payment of obligations issued by the United States Postal Service under section 2005 of title 39. (ii) In the case of any subsequent fiscal year to which this paragraph applies and for which excess postal contributions to FERS are determined, the amount of such excess contributions shall be transferred by the Secretary of the Treasury to the account to which are credited any Government contributions which are made by the United States Postal Service under section 8334(a)(1)(B) (or which would be made, but for clause (ii) thereof). (B) This paragraph applies to the fiscal year last ending before the date of the enactment of this paragraph and each fiscal year thereafter. (C) In the case of any transfer under subparagraph (A)(ii) for a fiscal year corresponding to a fiscal year for which a determination of Postal surplus or supplemental liability is scheduled to be made under section 8348(h), the transfer under subparagraph (A)(ii) shall be made before such determination under section 8348(h) is made. . (b) Conforming amendment Section 8348(h)(1)(B)(iii) of title 5, United States Code, is amended by striking principles. and inserting principles, including any amounts described in section 8423(b)(6)(A)(ii). . 203. Sense of Congress It is the sense of Congress that the United States Postal Service should use its available authority as it deems necessary to provide early retirement or separation incentives to eligible Postal Service employees. 204. Contributions to Thrift Savings Fund of voluntary separation incentive payments (a) Section 8351(b)(2) of title 5, United States Code, is amended— (1) by striking the matter before subparagraph (C) and inserting the following: (2) (A) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount of such employee’s or Member’s basic pay for such pay period. (B) An employee may contribute (by direct transfer to the Fund) any part of any voluntary separation incentive payment that the employee receives under section 3523. ; and (2) by adding at the end the following: (D) Notwithstanding section 2105(e), in this paragraph, the term employee includes an employee of the United States Postal Service or the Postal Regulatory Commission. . (b) Section 8432(a) of title 5, United States Code, is amended— (1) by redesignating paragraph (3) as (4); (2) by striking the matter before paragraph (4) (as so redesignated by paragraph (1)) and inserting the following: (a) (1) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b), any amount of such employee’s or Member’s basic pay for such pay period. (2) An employee may contribute (by direct transfer to the Fund) any part of any voluntary separation incentive payment that the employee receives under section 3523. (3) Contributions made under paragraph (1) pursuant to an election under subsection (b) shall, with respect to each pay period for which such election remains in effect, be made in accordance with a program of regular contributions provided in regulations prescribed by the Executive Director. ; and (3) by adding at the end the following: (5) Notwithstanding section 2105(e), in this subsection the term employee includes an employee of the United States Postal Service or of the Postal Regulatory Commission. . (c) Regulations The Executive Director of the Federal Retirement Thrift Investment Board shall promulgate regulations to carry out the amendments made by this section. 205. Service credit contributions of voluntary separation incentive payments (a) Voluntary separation incentive payments The Postal Service may provide voluntary separation incentive payments to employees of the Postal Service who voluntarily separate from service before October 1, 2016 (including payments to employees who retire under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code, before October 1, 2016), which may not exceed the maximum amount provided under section 3523(b)(3)(B) of title 5, United States Code, for any employee. (b) Additional service credit (1) Civil Service Retirement System Section 8332 of title 5, United States Code, is amended by adding at the end the following: (p) (1) (A) For an employee of the United States Postal Service who is covered under this subchapter and voluntarily separates from service before October 1, 2016, the Office, if so directed by the United States Postal Service, shall add not more than 1 year to the total creditable service of the employee for purposes of determining entitlement to and computing the amount of an annuity under this subchapter (except for a disability annuity under section 8337). (B) An employee who receives additional creditable service under this paragraph may not receive a voluntary separation incentive payment from the United States Postal Service. (2) The United States Postal Service shall ensure that the average actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from additional creditable service provided under paragraph (1) or section 8411(m)(1) is not more than $25,000 per employee provided additional creditable service under paragraph (1) or section 8411(m)(1). (3) (A) Subject to subparagraph (B), and notwithstanding any other provision of law, no deduction, deposit, or contribution shall be required for service credited under this subsection. (B) The actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from this subsection shall be included in the amount calculated under section 8348(h)(1)(A). . (2) Federal Employees Retirement System Section 8411 of title 5, United States Code, is amended by adding at the end the following: (m) (1) (A) For an employee of the United States Postal Service who is covered under this chapter and voluntarily separates from service before October 1, 2016, the Office, if so directed by the United States Postal Service, shall add not more than 2 years to the total creditable service of the employee for purposes of determining entitlement to and computing the amount of an annuity under this chapter (except for a disability annuity under subchapter V of that chapter). (B) An employee who receives additional creditable service under this paragraph may not receive a voluntary separation incentive payment from the United States Postal Service. (2) The United States Postal Service shall ensure that the average actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from additional creditable service provided under paragraph (1) or section 8332(p)(1) is not more than $25,000 per employee provided additional creditable service under paragraph (1) or section 8332(p)(1). (3) (A) Subject to subparagraph (B), and notwithstanding any other provision of law, no deduction, deposit, or contribution shall be required for service credited under this subsection. (B) The actuarial present value of the additional liability of the United States Postal Service to the Fund resulting from this subsection shall be included in the amount calculated under section 8423(b)(1)(B). . (c) Goals (1) In general The Postal Service shall offer incentives for voluntary separation under this section and the amendments made by this section as a means of ensuring that the size and cost of the workforce of the Postal Service is appropriate to the work required of the Postal Service, including consideration of— (A) the closure and consolidation of postal facilities; (B) the ability to operate existing postal facilities more efficiently, including by reducing the size or scope of operations of postal facilities in lieu of closing postal facilities; and (C) the number of employees eligible, or projected in the near-term to be eligible, for retirement, including early retirement. (2) Definition In this subsection, the term career employee of the Postal Service means an employee of the Postal Service— (A) whose appointment is not for a limited period; and (B) who is eligible for benefits, including retirement coverage under chapter 83 or 84 of title 5, United States Code. 206. Modification of prepayment schedule relating to Postal Service Retiree Health Benefits Fund (a) Contributions Section 8906(g)(2)(A) of title 5, United States Code, is amended by striking through September 30, 2016, be paid by the United States Postal Service, and thereafter shall and inserting after the date of enactment of the Innovate to Deliver Act of 2013 . (b) Postal Service Retiree Health Benefits Fund Section 8909a(d) of title 5, United States Code, is amended— (1) by striking paragraph (2) and inserting the following: (2) (A) Not later than 180 days after the date of enactment of the Innovate to Deliver Act of 2013, the Office shall compute, and by June 30 of each succeeding year, the Office shall recompute, a schedule including a series of annual installments which provide for the liquidation of the amount described under subparagraph (B) (regardless of whether the amount is a liability or surplus) by September 30, 2053, or within 15 years, whichever is later, including interest at the rate used in the computations under this subsection. (B) The amount described in this subparagraph is the amount, as of the date on which the applicable computation or recomputation under subparagraph (A) is made, that is equal to the difference between— (i) 80 percent of the Postal Service actuarial liability as of September 30 of the most recently ended fiscal year; and (ii) the value of the assets of the Postal Retiree Health Benefits Fund as of September 30 of the most recently ended fiscal year. ; (2) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (iii), by adding and at the end; (ii) in clause (iv), by striking the semicolon at the end and inserting a period; and (iii) by striking clauses (v) through (x); and (B) in subparagraph (B), by striking 2017 and inserting 2016 ; (3) by striking paragraph (4) and inserting the following: (4) Computations under this subsection shall be based on— (A) economic and actuarial methods and assumptions consistent with the methods and assumptions used in determining the Postal surplus or supplemental liability under section 8348(h); and (B) any other methods and assumptions, including a health care cost trend rate, that the Director of the Office determines to be appropriate. ; and (4) by adding at the end the following: (7) In this subsection, the term Postal Service actuarial liability means the difference between— (A) the net present value of future payments required under section 8906(g)(2)(A) for current and future United States Postal Service annuitants; and (B) the net present value as computed under paragraph (1) attributable to the future service of United States Postal Service employees. . (c) Unpaid obligations of the postal service Any obligation of the Postal Service under section 8909a(d)(3)(A) of title 5, United States Code, as in effect on the day before the date of enactment of this Act, that remains unpaid as of such date of enactment shall be included in the recomputation requested in section 8909a(d)(2) of such title (as amended by subsection (b) of this section). (d) Technical and conforming amendments (1) Heading The heading of section 8909a of title 5, United States Code, is amended by striking Benefit and inserting Benefits . (2) Table of sections The table of sections at the beginning of chapter 89 of such title is amended by striking the item relating to section 8909a and inserting the following: 8909a. Postal Service Retiree Health Benefits Fund. . 207. Study on USPS workforce realignment and right-sizing options (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the workforce reduction or realignment methods used by the United States Postal Service to align its workforce with its needs. (b) Contents of the report The report required under subsection (a) shall include the following: (1) The projected workforce needs of the Postal Service over the next 5 fiscal years, given the current mail volumes and the demand for Postal services. (2) Possible options for allowing Postal Service employees who are eligible for voluntary early retirement to deposit voluntary separation incentive payments to obtain service credit or to otherwise allow such payments to be credited in the computation of retirement annuity benefits. (3) The terms and conditions for the voluntary separation incentive payments offered under section 205. (4) The number of employees in each job category and in each postal service area to whom the Postal Service has offered an incentive for voluntary separation, the number of offers of incentives for voluntary separation that have been accepted, the number of offers of incentives for voluntary separation that remain pending, and the number of employees in each job category and in each postal service area projected to separate from service during each quarter through the end of the first quarter of 2016. (5) The number of employees in each job category who are covered under chapter 83 or 84 of title 5, United States Code, and who have accepted offers of incentives for voluntary separation, including the number of employees covered under each chapter who voluntarily separated under subsection (a) of section 205 or the authority under subsection (b) of section 205. (6) The total savings and work hour reductions by job category and postal service area that have been realized by the Postal Service as of the date of the report and that are projected to be realized during each of the next 3 years as a result of the offers of incentives for voluntary separation. (7) The total expenditures made by the Postal Service to provide incentives for voluntary separation. (8) Any training, retraining, or hiring that may be required by the authority the Postal Service is granted under this Act to develop and offer for sale nonpostal products and services. 208. Applicability of provisions relating to reductions in force Section 1005 is amended by adding at the end the following: (g) (1) Except as otherwise provided by any collective bargaining agreement entered into under chapter 12, the provisions of subchapter I of chapter 35 of title 5 and the regulations implementing such subchapter, shall apply to employees of the Postal Service who hold positions that are within bargaining units under section 1202. (2) Before using the authority provided in paragraph (1), the Postal Service shall demonstrate to the Office of Personnel Management how it will comply with section 3502(a)(4) of title 5. . 209. Enhanced reporting on facility network initiatives Section 404(d) is amended by adding at the end the following: (7) (A) The Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives and the Postal Regulatory Commission a report that details plans to close or suspend a Postal Service retail or processing facility during the period to which such report pertains. The first such report shall be submitted not later than 120 days after the date of enactment of this paragraph. Reports shall be submitted semiannually thereafter. (B) Each report submitted by the Postal Service under subparagraph (A) shall address, at a minimum— (i) the specific retail and processing facilities the Postal Service plans to suspend or close; (ii) the anticipated date of suspension or closure of each such facility; (iii) the cost of continued operations at the facilities for which closure is planned; (iv) the purpose of each such suspension or closure, as determined by paragraph (2)(A); (v) plans for the establishment of alternative access points for retail facilities listed in clause (i), including the date on which each such alternative access point shall open for business and the planned location of each such alternative access point; (vi) how each facility closure conforms with previously filed actions for suspension or closure; (vii) the timeline for closure or suspension activities described in paragraphs (1) and (3), and all other formal closure or suspension activities planned in connection with the retail facility closure; (viii) how work performed at mail processing facilities recommended for closure or consolidation will be transferred or absorbed by other facilities within the network; (ix) cost savings expected or achieved from consolidation of both retail and mail processing facilities; (x) the impact of each planned closure on postal employees, including relocation or reassignment plans; and (xi) the status of ongoing suspensions or closures identified in previous reports. . III POSTAL SERVICE IMPROVEMENTS AND REGULATORY RELIEF 301. Permit appeal rights for closing of postal stations and branches Section 404(d) is amended by adding after paragraph (7) (as added by section 208 of this Act) the following: (8) The provisions of paragraphs (1) through (6) shall apply to postal stations and branches in the same manner as the provisions apply to post offices. . 302. Intra-agency cooperative agreements (a) In general Section 411 is amended— (1) in the section heading, by inserting ; authority for intra-service agreement after agencies ; (2) by inserting (a) before Executive agencies within ; and (3) by adding at the end the following: (b) The Office of the Inspector General of the United States Postal Service and other components of the Postal Service may enter into intra-service agreements to furnish to each other property, both real and personal, and personal and nonpersonal services. The furnishing of property and services under this section shall be under such terms and conditions, including reimbursability, as the head of the component concerned and the Inspector General shall deem necessary. . (b) Clerical amendment The table of sections at the beginning of chapter 4 is amended by striking the item relating to section 411 and inserting the following: 411. Cooperation with other Government agencies; authority for intra-service agreement. . 303. Grouping of negotiated service agreements Section 3622(d)(1) (as amended by section 107(b) of this Act) is further amended— (1) in subparagraph (E) (as so redesignated by section 107(b)), by striking and at the end; (2) in subparagraph (F) (as so redesignated by section 107(b)), by striking the period and inserting ; and ; and (3) by adding at the end the following: (G) treat similar or related agreements between the Postal Service and postal users collectively as a single product for purposes of this section to the extent the Commission deems such treatment to be consistent with policies of this title. . 304. Simplification of process for classification of competitive products Section 3642(b) is amended (in the matter before paragraph (1)) by striking in accordance with and inserting the following: as expeditiously as practicable. The Commission shall promptly admit a product into the competitive category if it meets . 305. Development of new market-dominant classes of mail (a) Section 102 is amended— (1) in paragraph (9), by striking and at the end; (2) in paragraph (10), by striking the period and inserting ; and ; and (3) by adding at the end the following: (11) class of mail means a grouping of similar products, subject to section 3622(d)(2)(A), as further defined by the Postal Regulatory Commission. . (b) Section 3622(d)(2)(A) is amended by inserting or under section 3643 after Act . (c) (1) Subchapter III of chapter 36 is amended by adding at the end the following: 3643. New classes of mail (a) In general Upon request of the Postal Service or users of the mails, or upon its own initiative, the Postal Regulatory Commission may change the classes of mail to which the annual limitation under section 3622(d)(1) applies by adding new classes of mail. The Postal Regulatory Commission shall, within 18 months after the date of enactment of this section, promulgate (and may from time to time thereafter revise) regulations to carry out this section. (b) Criteria All determinations by the Postal Regulatory Commission under subsection (a) shall be made in accordance with the following criteria: (1) New market Dominant classes of mail shall consist of products in the sale of which the Postal Service exercises sufficient market power that it can effectively set the price of such product substantially above costs, raise prices significantly, decrease quality, or decrease output, without risk of losing a significant level of business to other firms offering similar products. (2) Products covered by postal monopoly Any new classes of mail containing any products covered by the postal monopoly shall be subject to the requirements of section 3622(d)(1). For purposes of the preceding sentence, the term product covered by the postal monopoly means any product the conveyance or transmission of which is reserved to the United States under section 1696 of title 18, subject to the same exception as set forth in the last sentence of section 409(e)(1). (3) Additional considerations In making any decision under this section, due regard shall be given to— (A) the availability and nature of enterprises in the private sector engaged in the delivery of the product involved; (B) the views of those who use the product involved on the appropriateness of the proposed action; and (C) the likely impact of the proposed action on small business concerns (within the meaning of section 3641(h)). (c) Notification and publication requirements (1) Notification requirement The Postal Service shall, whenever it requests to add a new class of mail, file with the Postal Regulatory Commission and publish in the Federal Register a notice setting out the basis for its determination that the product satisfies the criteria under subsection (b). The provisions of section 504(g) shall be available with respect to any information required to be filed. (2) Publication requirement The Postal Regulatory Commission shall, whenever it changes the list of market-dominant classes of mail, prescribe new lists of classes of mail. The revised lists shall indicate how and when any previous lists are superseded, and shall be published in the Federal Register. (d) Prohibition Except as provided in section 3641, a class of mail that involves the physical delivery of letters, printed matter, or packages may be offered by the Postal Service unless it has been assigned as a new class of mail— (1) under this subchapter; or (2) by or under any other provision of law. . (2) The table of sections at the beginning of chapter 36 is amended by inserting after the item relating to section 3642 the following: 3643. New classes of mail. . 306. Expedited consideration of service changes by PRC Section 3661 is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) If the Postal Service seeks expedited processing for time-sensitive advisory opinions, it shall state such request in its proposal filed under subsection (b) and the Commission, to the extent practical and in accordance with subsection (d), shall comply with the request for expedited consideration. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2690ih/xml/BILLS-113hr2690ih.xml |
113-hr-2691 | I 113th CONGRESS 1st Session H. R. 2691 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Bishop of New York (for himself, Mr. Courtney , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend certain appropriation Acts to repeal the requirement directing the Administrator of General Services to sell Federal property and assets that support the operations of the Plum Island Animal Disease Center in Plum Island, New York, and for other purposes.
1. Findings Congress finds the following: (1) The Federal Government has owned Plum Island since 1899. (2) Since 1954, the Animal Disease Center on Plum Island has conducted first-rate scientific research on a variety of infectious animal-borne diseases, including foot-and-mouth disease, resulting, most recently, in the development of a new cell line that rapidly and reliably detects this highly debilitating disease of livestock. (3) The safety record of the Center is unparalleled, with no accidental releases reaching the mainland in the history of the Center. (4) $23,200,000 in Federal funds have been spent on upgrades to, and the maintenance of, the Plum Island Animal Disease Center since January 2012, and significant investments in the Center in the next five years are likely. (5) In addition to the Animal Disease Center, Plum Island contains cultural, historical, ecological, and natural resources of regional and national significance. (6) Plum Island is situated where the Long Island Sound and Peconic Bay meet, each being estuaries that are part of the National Estuary Program, reflecting each natural system's nationally significant environmental and economic values to the region. (7) The Federal Government has invested hundreds of millions of Federal funds over the last two decades to make long-term improvements with respect to the conservation and management needs of Long Island Sound and Peconic Bay. (8) Due to cleanup costs from past Center activities and the zoning proposed by the town of Southold, New York, prohibiting residental or commercial development, the Federal Government will receive very little to no compensation from the sale of Plum Island. 2. Repeal of requirement to sell certain Federal property in Plum Island, New York (a) Repeal in Public Law 110–329 Section 540 of title V of division D of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 ( Public Law 110–329 ; 122 Stat. 3688) is repealed. (b) Repeal in Public Law 112–74 Section 538 of title V of division D of the Consolidated Appropriations Act, 2012 ( Public Law 112–74 ; 125 Stat. 976) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr2691ih/xml/BILLS-113hr2691ih.xml |
113-hr-2692 | I 113th CONGRESS 1st Session H. R. 2692 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Conyers (for himself and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To direct the Administrator of the Environmental Protection Agency to take certain actions related to pesticides that may affect pollinators, and for other purposes.
1. Short title This Act may be cited as the Saving America’s Pollinators Act of 2013 . 2. Findings (1) Pollination services are a vital part of agricultural production, valued at over $125,000,000,000 globally and worth $20,000,000,000 to $30,000,000,000 in agricultural production annually in the United States. (2) One-third of food produced in North America depends on pollination by honey bees, including nearly 95 varieties of fruits such as almonds, avocados, cranberries, and apples. (3) Over the past several years, documented incidents of colony collapse disorder have been at a record high, with some beekeepers repeatedly losing 100 percent of their operations. (4) During the winter beginning in 2012 and ending in 2013, United States beekeepers, on average, lost 45.1 percent of the colonies they operate. (5) According to scientists of the Department of Agriculture, current estimates of the survivorship of honey bee colonies show they are too low to be able to meet the pollination demands of United States agricultural crops. (6) Scientists have linked the use of systemic neonicotinoid insecticides to the rapid decline of pollinators and to the deterioration of pollinator health. (7) Neonicotinoids cause sublethal effects including impaired foraging and feeding behavior, disorientation, weakened immunity, delayed larval development, and increased susceptibility to viruses, diseases, and parasites and numerous studies have also demonstrated acute, lethal effects from the application of neonicotinoid insecticides. (8) Recent science has demonstrated that a single corn kernel coated with a neonicotinoid is toxic enough to kill a songbird. (9) In June 2013, over 50,000 bumblebees were killed as a direct result of exposure to a neonicotinoid applied to Linden trees for cosmetic purposes. (10) In January 2013, the European Food Safety Authority determined that the most widely used neonicotinoids pose unacceptable hazards to bees, prompting the European Union to suspend their use on agricultural crops. 3. Urgent regulatory response for honey bee and pollinator protection (a) In general Not later than 180 days after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall suspend the registration of imidacloprid, clothianidin, thiamethoxam, dinotafuran, and any other members of the nitro group of neonicotinoid insecticides to the extent such insecticide is registered, conditionally or otherwise, under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) for use in seed treatment, soil application, or foliar treatment on bee attractive plants, trees, and cereals until the Administrator has made a determination that such insecticide will not cause unreasonable adverse effects on pollinators based on— (1) an evaluation of the published and peer-reviewed scientific evidence on whether the use or uses of such neonicotinoids cause unreasonable adverse effects on pollinators, including native bees, honey bees, birds, bats, and other species of beneficial insects; and (2) a completed field study that meets the criteria required by the Administrator and evaluates residues, including residue build-up after repeated annual application, chronic low-dose exposure, cumulative effects of multiple chemical exposures, and any other protocol determined to be necessary by the Administrator to protect managed and native pollinators. (b) Conditions on certain pesticides registrations Notwithstanding section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136a ), for purposes of the protection of honey bees, other pollinators, and beneficial insects, the Administrator of the Environmental Protection Agency shall not issue any new registrations, conditional or otherwise, for any seed treatment, soil application, and foliar treatment on bee attractive plants, trees, and cereals under such Act until the Administrator has made the determination described in subsection (a), based on an evaluation described in subsection (a)(1) and a completed field study described in subsection (a)(2), with respect to such insecticide. (c) Monitoring of native bees The Secretary of the Interior, in coordination with the Administrator of the Environmental Protection Agency, shall, for purposes of protecting and ensuring the long-term viability of native bees and other pollinators of agricultural crops, horticultural plants, wild plants, and other plants— (1) regularly monitor the health and population status of native bees, including the status of native bees in agricultural and non-agricultural habitats and areas of ornamental plants, residential areas, and landscaped areas; (2) identify the scope and likely causes of unusual native bee mortality; and (3) beginning not later than 180 days after the date of the enactment of this Act and each year thereafter, submit to Congress, and make available to the public, a report on such health and population status. | https://www.govinfo.gov/content/pkg/BILLS-113hr2692ih/xml/BILLS-113hr2692ih.xml |
113-hr-2693 | I 113th CONGRESS 1st Session H. R. 2693 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Cook (for himself, Mr. Runyan , and Mr. O’Rourke ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To direct the Secretary of Homeland Security to submit a report to Congress on security screening by the Transportation Security Administration of veterans and other passengers with amputations.
1. Short title This Act may be cited as the Screening Amputees and Veterans with Efficiency and Dignity Act or the Save Dignity Act . 2. Report on TSA screening of veterans and other passengers with prostheses (a) In general The Secretary of Homeland Security shall submit a report to Congress by not later than 6 months after the date of the enactment of this Act on security screening by the Transportation Security Administration of veterans and other passengers with amputations, with or without prosthesis. (b) Contents The report shall include analysis of— (1) the disparities that exist between airports in the screening of such passengers; (2) identification of the airports at which the Administration uses procedures and methods for such screening that are efficient, safe, timely, and respectful of such passengers, and airports at which the Administration does not use such procedures and methods; and (3) description of actions that will be taken by the Administration to implement such procedures and methods at all airports at which the Administration performs security screening of passengers. | https://www.govinfo.gov/content/pkg/BILLS-113hr2693ih/xml/BILLS-113hr2693ih.xml |
113-hr-2694 | I 113th CONGRESS 1st Session H. R. 2694 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Griffin of Arkansas introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To promote strategic sourcing principles within the Federal Government.
1. Short title This Act may be cited as the Buy Smarter and Save Act of 2013 . 2. Goals for strategic sourcing of Federally procured goods and services (a) Requirement To establish goals for purchases and savings using strategic sourcing The President shall establish— (1) an annual Government-wide goal to procure goods and services using strategic sourcing, in accordance with this section; and (2) an annual Government-wide goal for savings resulting from the use of strategic sourcing, in accordance with this section. (b) Amount of procurement goal (1) In general The goal for procurement of goods and services established under subsection (a) shall be— (A) in each of fiscal years 2014 and 2015, at least $100,000,000,000; and (B) in each of fiscal years 2016, 2017, and 2018, at least $75,000,000,000. (c) Amount of savings goal The goal for savings resulting from the use of strategic sourcing established under subsection (a) shall be— (1) in each of fiscal years 2014 and 2015, at least $10,000,000,000; and (2) in each of fiscal years 2016, 2017, and 2018, at least $7,500,000,000. 3. Implementation of strategic sourcing goals by Office of Management and Budget (a) Guidance by Office of Management and Budget The Director of the Office of Management and Budget shall issue guidance to executive agencies for implementing the goals established under section 2. The Director, in consultation with the heads of executive agencies, may set specific goals for procurement and savings that are customized to individual executive agencies. (b) Matters covered In the guidance issued under subsection (a), the Director shall include, at a minimum, the following: (1) Criteria for the goods and services to be procured using strategic sourcing, consistent with the considerations described in subsection (c). (2) A description of the specific data required to be submitted by executive agencies to the Director regarding implementation of the goals. (3) Guidance on calculating and verifying savings generated from strategic sourcing. (4) Standards to measure progress towards meeting savings goals. (5) Procedures to hold agencies accountable and ensure that agencies are achieving their strategic sourcing goals. (6) Procedures to ensure that an agency is not making purchases that significantly exceed the requirements of the agency, including purchases of ammunition. (7) A list of existing Government-wide strategic sourcing vehicles. (c) Considerations In developing the guidance issued under this section, the Director shall take into consideration the application of strategic sourcing in a manner that— (1) maintains a strong industrial and manufacturing base in the United States; (2) is consistent with international trade agreements; (3) accounts for the benefits as well as the costs of procuring goods and services; (4) emphasizes the procurement of goods and services that are procured repetitively, procured Government-wide and in large amounts, and are non-technical and commercial in nature; (5) allows for easy conduct of a spend analysis under section 4(b); and (6) reflects the requirements of the Small Business Act, including the provisions addressing contract bundling, contract consolidation, and the need to achieve the statutory small business prime contracting and subcontracting goals in section 15 of that Act. (d) Relationship to Federal Strategic Sourcing Initiative In issuing guidance under this section, the Director shall take into account and be consistent with the Federal Strategic Sourcing Initiative managed by the Office of Federal Procurement Policy. (e) Report Not later than 180 days after the end of a fiscal year for which a goal is established under section 2, the Director shall submit to Congress a report on the implementation of this Act. The report shall include, at a minimum— (1) the dollar amount of spending for goods and for services that was strategically sourced during the year covered by the report; (2) the extent of savings on purchases of goods and services realized by executive agencies during that year; and (3) such findings and recommendations as the Director considers appropriate. 4. Strategic sourcing duties of covered departments (a) In general The Secretary of a covered department shall take the following actions to support strategic sourcing efforts in the department: (1) Establishment of department-wide goals and savings targets for strategic sourcing efforts in support of the goals established under section 2. (2) Establishment of a strategic sourcing accountability official within the department. (3) Issuance of a policy that outlines the role, authority, and responsibilities of the strategic sourcing accountability official and department practices for strategic sourcing. (4) Identification of department-specific strategic sourcing contracts already in use and establishment of utilization goals for current and future strategic sourcing efforts. (5) Development of standards to track and assess compliance with the goals established under section 2, consistent with the guidance and considerations under section 3. (b) Spend analysis requirement Not later than six months after the date of the enactment of this Act, and in accordance with the guidance and considerations under section 3, the Secretary of a covered department shall conduct a spend analysis of procurements by the department during fiscal year 2012 to identify, assess, and quantify goods and services suitable for strategic sourcing. Based on the analysis, the Secretary shall select, for implementation in fiscal year 2014, at least one good or service to strategically source from among the top 20 procurement spending categories for commercial goods and services that are identified in the analysis as suitable for strategic sourcing. 5. Study and report by Comptroller General (a) Study on contract utilization fees The Comptroller General of the United States shall conduct a study to assess the effect of contract utilization fees on the use of multiple agency contracts, including strategic sourcing vehicles using multiple award schedules, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (b) Study on establishing contract vehicles The Comptroller General shall conduct a study to examine the cost of establishing each of the current Federal strategic sourcing initiative contract vehicles, and shall submit a report on the results of the study to Congress not later than one year after the date of the enactment of this Act. (c) Annual report on implementation of Act (1) Assessments Each year, the Comptroller General shall assess— (A) the performance of executive agencies in implementing the strategic sourcing goals required by this Act; and (B) the amounts saved through the use of strategic sourcing, including a comparison of the costs of establishing and maintaining strategic sourcing contract vehicles. (2) Report The Comptroller General shall submit a report on the results of the assessment to Congress not later than one year after the date of the enactment of this Act and annually thereafter while the goals are in effect. 6. Definitions In this Act: (1) Executive agency The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (2) Covered department The term covered department means the Department of Defense, the Department of Homeland Security, the Department of Energy, the Department of Veterans Affairs, the National Aeronautics and Space Administration, the Department of Health and Human Services, the General Services Administration, and the Small Business Administration. (3) Strategic sourcing The term strategic sourcing means a structured and collaborative process of critically analyzing an organization’s spending patterns to better leverage its purchasing power, reduce costs, and improve overall value and performance. | https://www.govinfo.gov/content/pkg/BILLS-113hr2694ih/xml/BILLS-113hr2694ih.xml |
113-hr-2695 | I 113th CONGRESS 1st Session H. R. 2695 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Jeffries (for himself, Ms. Bass , Ms. Brown of Florida , Mr. Carson of Indiana , Ms. Clarke , Mr. Clay , Ms. Hahn , Ms. Jackson Lee , Ms. Kelly of Illinois , Mrs. Carolyn B. Maloney of New York , Ms. Meng , Ms. Moore , Mr. Nadler , Ms. Norton , Mr. Rangel , Mr. Rush , Ms. Wilson of Florida , Mr. Gutiérrez , Mrs. Christensen , Mrs. Beatty , Mr. Johnson of Georgia , Mr. Takano , and Mr. Lewis ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt from sequestration the public and Indian housing programs of the Department of Housing and Urban Development.
1. Short title This Act may be cited as the American Public Housing Act of 2013 . 2. Exemption of public and Indian housing programs of the Department of Housing and Urban Development from sequestration Section 255 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by redesignating subsection (j) (relating to the identification of programs) as subsection (l) and by inserting before subsection (l) the following new subsection: (k) Public housing accounts The following accounts for the Department of Housing and Urban Development shall be exempt from reduction under any order issued under this part: Choice Neighborhoods Initiative. Indian Housing Loan Guarantee Fund Program Account. Native American Housing Block Grants. Native Hawaiian Housing Block Grant. Project-Based Rental Assistance. Public Housing Capital Fund. Public Housing Operating Fund. Tenant-Based Rental Assistance. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2695ih/xml/BILLS-113hr2695ih.xml |
113-hr-2696 | I 113th CONGRESS 1st Session H. R. 2696 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Kind (for himself and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To increase transparency of agencies by requiring a report describing any proposed conference.
1. Reports on Conference Attendance by Federal Agencies (a) In General Not later than 30 days before any conference, the head of the agency hosting the conference and the head of any agency that is sending an employee of such agency to the conference shall submit to the relevant congressional committee of jurisdiction a report on the following: (1) An itemized statement of the cost of attending the conference, including the total cost. (2) In the case of the agency hosting the conference, the total cost of the conference. (3) The names of keynote speakers. (4) A list of conference attendees from such agency and the titles of such attendees. (5) The location of the conference. (6) A summary of the purposes and goals of the conference. (7) A conference itinerary. (b) Definitions In this section: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Conference The term conference means a meeting, retreat, seminar, symposium, training, or other event that involves travel for 50 or more attendees. (3) Employee The term employee has the meaning given that term in section 2105 of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr2696ih/xml/BILLS-113hr2696ih.xml |
113-hr-2697 | I 113th CONGRESS 1st Session H. R. 2697 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. George Miller of California (for himself, Mr. Andrews , Mr. Lance , Mr. Nadler , Ms. Schakowsky , Mr. Dingell , Mr. Becerra , Mr. Conyers , Mr. Capuano , Ms. Wilson of Florida , Mr. Holt , Mr. Grijalva , and Mr. Yarmuth ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend title IV of the Employee Retirement Income Security Act of 1974 to require the Pension Benefit Guaranty Corporation, in the case of airline pilots who are required by regulation to retire at age 60, to compute the actuarial value of monthly benefits in the form of a life annuity commencing at age 60.
1. Short title This Act may be cited as the Airline Pilot Pension Fairness Act . 2. Age requirement for employees (a) Single-Employer plan benefits guaranteed Section 4022(b)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322(b)(3) ) is amended by inserting at the end the following: If, at the time of termination of a plan under this title, or at the time of freezing benefit accruals under a plan pursuant to subsections (a)(1) and (b) of section 402 of the Pension Protection Act of 2006, regulations prescribed by the Federal Aviation Administration required an individual to separate from service as a commercial airline pilot after attaining any age before age 65, this paragraph shall be applied to an individual who is a participant in the plan by reason of such service by substituting such age for age 65. The calculation of benefit liabilities and unfunded benefit liabilities under this section, and the allocation of assets under section 4044, shall not reflect any additional benefits the corporation must guarantee due to the application of the preceding sentence. . (b) Aggregate limit on benefits guaranteed; criteria applicable Section 4022B(a) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1322b(a) ) is amended by adding at the end the following: If, at the time of termination of a plan under this title, or at the time of freezing benefit accruals under a plan pursuant to subsections (a)(1) and (b) of section 402 of the Pension Protection Act of 2006, regulations prescribed by the Federal Aviation Administration required an individual to separate from service as a commercial airline pilot after attaining any age before age 65, this subsection shall be applied to an individual who is a participant in the plan by reason of such service by substituting such age for age 65. . 3. Effective date The amendments made by this Act shall apply to benefits payable on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2697ih/xml/BILLS-113hr2697ih.xml |
113-hr-2698 | I 113th CONGRESS 1st Session H. R. 2698 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide a short-term disability insurance program for Federal employees for disabilities that are not work-related, and for other purposes.
1. Short title This Act may be cited as the Federal Employee Short-Term Disability Insurance Act of 2013 . 2. Purpose The purpose of this Act is to offer voluntary insurance to Federal employees for protection against the loss of pay resulting from— (1) short-term injury or disability; (2) short-term leave taken for the purpose of caring for a family member; (3) the birth of a child of such an employee; or (4) making arrangements to adopt a child or to become a foster parent. 3. Non-work related disability insurance (a) In general Title 5, United States Code, is amended by inserting after chapter 87 the following: 88 Non-Work Related Short-Term Disability Insurance Sec. 8801. Definitions. 8802. Availability of insurance. 8803. Contracting authority. 8804. Benefits. 8805. Premiums. 8806. Preemption. 8807. Studies, reports, and audits. 8808. Jurisdiction of courts. 8809. Administrative functions. 8810. Cost accounting standards. 8801. Definitions For purposes of this chapter— (1) the term Director means the Director of the Office of Personnel Management; (2) the term employee means— (A) an employee defined in section 8901(1); and (B) an officer or employee of the United States Postal Service or of the Postal Regulatory Commission; (3) the term injury or disability , with respect to an employee, means that such employee is unable to perform the essential functions of such employee’s position of employment with the Federal Government; (4) the term member of family has the meaning given such term in section 8901(5); (5) the term carrier means an insurance company that is licensed to issue disability insurance in all States, taking into account any subsidiaries or affiliates of such a company; and (6) the term State includes the District of Columbia. 8802. Availability of insurance (a) The Director shall establish and administer a program to make insurance coverage available under this chapter— (1) for an injury or disability not covered under chapter 81; (2) for leave to care for, or leave to make arrangements to care for, a member of family, including the birth of a son or a daughter; and (3) for leave to make arrangements— (A) to become a foster parent; or (B) to adopt a child. (b) Insurance shall not be available under this chapter if the injury or disability of an employee is— (1) caused by willful misconduct of such employee; (2) caused by such employee's intention to bring about such injury or disability to himself or to another individual; or (3) proximately caused by the intoxication of such employee. (c) In addition to the requirements otherwise applicable under section 8801(5), an insurance contract under this chapter must be fully insured, whether through reinsurance with other carriers or otherwise. 8803. Contracting authority (a) The Director shall, without regard to any statute requiring competitive bidding, contract with one or more carriers for a policy or policies of disability insurance as described under this chapter. The Director shall ensure that each resulting contract is awarded on the basis of contractor qualifications, price, and reasonable competition. (b) (1) Each contract under this section shall contain— (A) a detailed statement of the benefits offered (including any maximums, limitations, exclusions, and other definitions of benefits); (B) the premiums charged (including any limitations or other conditions on their subsequent adjustment); (C) the duration of the enrollment period; and (D) such other terms and conditions (including procedures for establishing eligibility for insurance under this chapter) as may be determined by the Director, consistent with the requirements of this chapter. (2) Premiums charged under a contract under this section shall reasonably and equitably reflect the cost of the benefits provided, as determined by the Director. (c) (1) Each contract under this section shall require the carrier— (A) to provide payments or benefits described in section 8804(c) to an employee if such employee is entitled thereto under the terms of the contract; and (B) with respect to disputes regarding claims for payments or benefits under the terms of the contract— (i) to establish internal procedures designed to resolve such disputes expeditiously; and (ii) to establish, for disputes not resolved through procedures under clause (i), procedures for one or more alternative means of dispute resolution involving independent third-party review under circumstances acceptable to the Director. (2) The carrier’s determination as to whether or not a particular employee is eligible to obtain insurance coverage under this chapter shall be subject to review to the extent and in the manner provided in the applicable contract. (3) Nothing in this chapter shall be considered to grant authority for a third-party reviewer to change the terms of any contract under this chapter. (d) (1) Each contract under this section shall be for a term of not less than 3 years and not greater than 7 years, and may be terminated earlier than the termination date of such contract by the Director in accordance with the terms of such contract. However, the rights and responsibilities of the enrolled employee, the insurer, and the Director under each contract shall continue with respect to such employee until the termination of coverage of the enrolled employee or the effective date of a successor contract. (2) A contract described in paragraph (1) may be made automatically renewable, for a term of 1 year each January 1, unless written notice of non-renewal is given either by the Director or the carrier not less than 180 days before the renewal date, or unless modified by mutual agreement. (3) A contract described in paragraph (1) shall include such provisions as may be necessary to ensure that, once an employee becomes duly enrolled, insurance coverage pursuant to that enrollment shall be terminated only if the individual is separated from Federal service or, where appropriate, for non-payment of premiums. 8804. Benefits (a) The Director may prescribe reasonable minimum standards for benefit plans offered under this chapter. (b) (1) Benefits provided to an employee under this chapter shall offset other benefits received by such employee for the same injury or disability, leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent including worker’s compensation and disability retirement income. (2) A contract providing benefits under this chapter— (A) shall not provide for a preexisting condition exclusion; and (B) shall not charge higher premiums, deny coverage, or drop coverage of an employee with a preexisting condition. (3) A contract providing benefits under this chapter shall provide incentives for an employee who is receiving benefits under such contract to return to work. (c) (1) For each instance that such employee suffers an injury or disability, takes leave to care for or make arrangements to care for a member of family (including the birth of a son or a daughter), or takes leave to make arrangements to adopt a child or become a foster parent, and is eligible for benefits under this chapter, such employee may receive benefits under this chapter for a period not to exceed 12 months beginning on the date on which such employee qualifies for such benefits. An employee shall receive such benefits after the expiration of the waiting period selected by such employee under paragraph (2)(A). The amount of benefits shall be equal to the lesser of— (A) 70 percent of the annual rate of pay, excluding bonuses, of an employee at the time of the injury or disability of such employee occurs; or (B) 70 percent of the maximum rate of basic pay provided for grade GS–15 of the General Schedule. (2) (A) The period for which benefits are payable to an employee under this subsection shall begin after the completion of a waiting period, subject to the requirement in subparagraph (C). An employee shall elect one of the following waiting period options: (i) On the 8th day of continuous injury or disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. (ii) On the 31st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. (iii) On the 91st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. (iv) On the 181st day of continuous disability, leave to care for or to make arrangements to care for a member of family (including the birth of a son or a daughter), or leave to make arrangements to adopt a child or become a foster parent. (B) An employee who elects to receive benefits earlier shall pay a higher premium. (C) A waiting period selected under subparagraph (A) shall begin on the first day of an employee’s injury or disability. 8805. Premiums (a) Each eligible individual obtaining insurance coverage under this chapter shall be responsible for 100 percent of the premiums for such coverage. (b) The amount necessary to pay the premiums for enrollment shall be withheld from the pay of the enrolled individual. (c) The carrier participating under this chapter shall maintain records that permit it to account for all amounts received under this chapter (including investment earnings on those amounts) separate and apart from all other funds. (d) (1) (A) The Employees’ Life Insurance Fund is available, without fiscal year limitation, for reasonable expenses incurred in administering this chapter before the start of the first term described in section 8803(d)(1), including reasonable implementation costs. (B) Such Fund shall be reimbursed, before the end of the first year of a contract described in section 8803(d)(1), for all amounts obligated or expended under subparagraph (A) (including lost investment income). Reimbursement under this subparagraph shall be made by the carrier in accordance with applicable provisions included in the relevant contract. (C) (i) There is hereby established in the Employees’ Life Insurance Fund a Non-Work Related Disability Insurance Administrative Account, which shall be available to the Office of Personnel Management, without fiscal year limitation, to defray reasonable expenses incurred by the Office in administering this chapter after the start of the first term described in section 8803(d)(1). (ii) A contract under this chapter shall include appropriate provisions under which the carrier involved shall, during each year, make such periodic contributions to the Non-Work Related Disability Insurance Administrative Account as necessary to ensure that the reasonable anticipated expenses of the Office of Personnel Management in administering this chapter during such year (adjusted to reconcile for any earlier overestimates or underestimates under this subparagraph) are defrayed. (e) Nothing in this chapter shall, in the case of an enrolled individual applying for an extension of insurance coverage under this chapter after the expiration of such enrolled individual’s first opportunity to enroll, preclude the application of underwriting standards for later enrollment. 8806. Preemption (a) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State, territorial, tribal, or local law, or any regulation issued thereunder, which relates to non-work related disability insurance or contracts. (b) (1) No tax, fee, or other monetary payment may be imposed or collected, directly or indirectly, by any State, territory, tribe, or locality, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid for an insurance policy under this chapter. (2) Paragraph (1) shall not be construed to exempt any company or other entity issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such entity from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity. (c) No law of a State, territory, tribe, or locality, pertaining to subrogation or reimbursement with respect to benefits provided under this chapter, shall operate except as expressly adopted by the Director. 8807. Studies, reports, and audits (a) A contract under this chapter shall contain provisions requiring the carrier to furnish such reasonable reports as the Director determines to be necessary to enable the Director to carry out the Director’s functions under this chapter. (b) Each Federal agency shall keep such records, make such certifications, and furnish the Director, the carrier, or both, with such information and reports as the Director may require. (c) The Director shall conduct periodic reviews of each plan under this chapter to ensure its competitiveness. 8808. Jurisdiction of courts The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States under this chapter after such administrative remedies as required under section 8803(c) have been exhausted, but only to the extent judicial review is not precluded by any dispute resolution or other remedy under this chapter. 8809. Administrative functions (a) (1) Except as otherwise provided in this chapter, the Director shall prescribe regulations necessary to carry out this chapter and to make arrangements as necessary with other agencies and payroll systems to implement the program. (2) Except as otherwise provided by law, the Director shall specify in regulation the treatment of time spent by an individual in receipt of benefits under this chapter for the purposes of periodic increases in pay, retention purposes, and other rights, benefits, and conditions of employment for which length of service is a factor. (b) The carrier shall provide for periodic coordinated enrollment, promotion, and education efforts, as specified by the Director. 8810. Cost accounting standards The cost accounting standards issued pursuant to section 1502 of title 41 shall not apply with respect to an insurance contract under this chapter. . (b) Conforming amendment Section 1005(f) of title 39, United States Code, is amended by inserting 88, after 87, . (c) Clerical amendment The analysis for part III of title 5, United States Code, is amended by adding at the end of subpart G the following: 88. Non-Work Related Short-Term Disability Insurance 8801 . (d) Date of application The amendment made by subsection (a) shall apply to contracts that take effect with respect to the first calender year that begins more than 18 months after the date of enactment of this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr2698ih/xml/BILLS-113hr2698ih.xml |
113-hr-2699 | I 113th CONGRESS 1st Session H. R. 2699 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Pallone introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To extend the hold harmless provisions of the Ryan White HIV/AIDS Program pending reauthorization of the overall program.
1. Ryan White HIV/AIDS Program technical amendments For any fiscal year after fiscal year 2013 for which appropriations are made to carry out title XXVI of the Public Health Service Act ( 42 U.S.C. 300ff–11 et seq. ) but for which the authorizations of appropriations to carry out such title have not been extended— (1) sections 2603(a)(4)(C) and 2618(a)(2)(H)(v) of such Act ( 42 U.S.C. 300ff–13(a)(4)(C) , 300ff–28(a)(2)(H)(v)) shall not apply; and (2) sections 2603(a)(4)(A), 2610(c)(2)(B)(ii), and 2618(a)(2)(H)(iii) of such Act ( 42 U.S.C. 300ff–13(a)(4)(A) , 300ff–20(c)(2)(B)(ii), 300ff–28(a)(2)(H)(iii)) shall apply in the same manner as such respective sections apply for fiscal year 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr2699ih/xml/BILLS-113hr2699ih.xml |
113-hr-2700 | I 113th CONGRESS 1st Session H. R. 2700 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Rogers of Michigan (for himself, Mr. McKinley , Mr. Tiberi , Mr. Cassidy , Mr. Hall , Mr. Huizenga of Michigan , and Mr. Walberg ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title I of the Patient Protection and Affordable Care Act to provide for a process for waiver of requirements of that title where the requirement is asserted to otherwise result in a significant decrease in access to coverage or significant increase in premiums or other costs.
1. Short title This Act may be cited as the Health Care Waiver Fairness Act of 2013 . 2. PPACA waiver process (a) In general Title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended by adding at the end the following new subtitle: G Waiver process 1601. Establishment of waiver process (a) In general The applicable authorities (as defined in subsection (c)) shall collectively establish a process (in this section referred to as the waiver process ) under which the administrator of a health plan, an employer, an individual, or other entity may seek to waive the application of a requirement under this title with respect to such plan, employer, individual, or entity. Among the requirements under this title, such process shall apply to the following: (1) Section 5000A of the Internal Revenue Code of 1986 (relating to requirement to maintain minimum essential coverage), as inserted by section 1501(b). (2) Section 6055 of the Internal Revenue Code of 1986 (relating to reporting of health insurance coverage), as inserted by section 1502(a). (3) Section 18A of the Fair Labor Standards Act of 1938 ( 42 U.S.C. 218a , relating to automatic enrollment for employees of large employers), as inserted by section 1511. (4) Section 18B of the Fair Labor Standards Act of 1938 ( 42 U.S.C. 218b , relating to notice to employees), as inserted by section 1512. (5) Section 4980H of the Internal Revenue Code of 1986 (relating to shared responsibility for employers regarding health coverage), as inserted by section 1513(a). (6) Section 6056 of the Internal Revenue Code of 1986 (relating to certain employers required to report on health insurance coverage), as inserted by section 1514(a). (7) Section 10108 (relating to free choice vouchers). (8) Regulations regarding the treatment of group health plans or health insurance coverage as a grandfathered health plan (as defined in section 1251(e)). (9) Section 2718(b) of the Public Health Service Act (relating to medical loss ratios), as inserted by section 1001. (b) Waiver process (1) In general The applicable authorities shall establish the waiver process consistent with the following: (A) Notice and guidance Public notice and guidance shall be provided regarding the process for submission of waiver requests. (B) Standard A waiver request with respect to the application of a requirement to a plan, employer, individual, or entity shall be accompanied by a statement that— (i) identifies the specific requirement (or requirements) to be waived; and (ii) describes how the imposition of each specific requirement for which a waiver is requested on the plan, employer, individual, or entity would result in a significant decrease in access to coverage or a significant increase in premiums or other costs for such plan, employer, individual, or entity. (C) Deemed approval A waiver request filed that is accompanied by such a statement shall be deemed to be approved. (D) Publication of data The applicable authorities shall regularly publish data regarding the waiver requests received for the different requirements. (2) Treatment of approved waivers In the case of approval under the waiver process of a waiver request with respect to a requirement of this title and an entity, notwithstanding any other provision of law, such requirement shall not apply to such entity on and after the date of approval of the request. (3) Relation to other exemptions and exceptions Nothing in this section shall be construed as superceding other provisions of this title insofar as they provide for exceptions, exemptions, or other special treatment with respect to requirements under this title. (c) Applicable authority In this section, the term applicable authority means— (1) except as otherwise provided in this subsection, the Secretary of Health and Human Services; (2) the Secretary of Labor with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary; and (3) the Secretary of the Treasury with respect to the provisions of this title, including amendments made by this title, that are administered by such Secretary, including sections of the Internal Revenue Code of 1986 specified in subsection (a). (d) References to requirements under this title In this section, a reference to a requirement under this title include such a requirement under an amendment made by this title, including as amended by title X of this Act or by the provisions of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152). (e) Public awareness campaign Of the amounts available in the Prevention and Public Health Fund established under section 4002, notwithstanding any other provision of law, $50,000,000 shall be available to and expended by the Secretary of Health and Human Services to conduct, in coordination with other applicable authorities, a public awareness campaign of the waiver process. Amounts made available under this subsection shall remain available until expended. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to title I the following: Subtitle G—Waiver Process Sec. 1601. Establishment of waiver process. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2700ih/xml/BILLS-113hr2700ih.xml |
113-hr-2701 | I 113th CONGRESS 1st Session H. R. 2701 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Roskam (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize further assistance to Israel for the Iron Dome anti-rocket defense system and authorization for cooperation on the David’s Sling, Arrow, and Arrow 3 anti-missile defense systems.
1. Short title This Act may be cited as the United States-Israel Missile Defense Cooperation Act of 2013 . 2. Findings Congress finds the following: (1) The State of Israel remains under grave threat and frequent attack from missiles, rockets, and mortar shells fired at Israeli civilian targets by militants from Foreign Terrorist Organizations such as Hamas and Palestinian Islamic Jihad on its southern border and by Hezbollah on its northern border, which have killed, wounded, or inflicted psychological trauma on countless Israelis. Additionally, Israel faces a potential ballistic missile threat from Iran and Syria. (2) The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense. (3) The United States remains committed to Israel’s qualitative military edge, including its advantage over non-state actors such as Hezbollah and Hamas, which boast increasingly sophisticated and powerful weapons as a result of support from Iran, Syria, and other state actors. (4) The United States can help to advance its own vital national security interests and the cause of Middle Eastern peace and stability by supporting Israel’s ability to defend itself against missiles, rockets, and other threats. (5) United States-Israel missile defense cooperation dates back over two decades with great success, such as the Arrow Weapon System, which is already protecting Israel. These systems are life-saving, war-preventing and the technologies of the cooperative programs belong to both the United States and Israel. (6) United States industries are equal partners in the development of the cooperative systems, which creates employment opportunities in the United States and Israel. All technical milestones to date have been met on time. (7) The David’s Sling Weapon System (DSWS), in joint development by the United States and Israel, is being designed to intercept short-range and medium-range ballistic missiles, long-range rockets, and cruise missiles. (8) The David’s Sling Weapon System successfully intercepted an inert medium-range rocket in November 2012, and defense officials expect the program to be fully operational as planned on time. (9) The Arrow 3 Weapon System, in joint development by the United States and Israel, is being designed to intercept long-range missiles in high altitude in order to minimize leakage from a nuclear or chemical warhead. (10) The Arrow 3 Weapon System completed a successful fly-out test in February 2013. (11) The Arrow Weapon System, in joint development between the United States and Israel, has been operational since 2000 and targets medium-range ballistic missiles. (12) The Israeli Defense Forces report that the Iron Dome anti-rocket defense system has achieved a success rate of more than 85 percent, intercepting rockets bound for residential neighborhoods, busy road junctions, shopping centers, and crowded streets across Israel. (13) The success of the Iron Dome anti-rocket defense system during Operation Pillar of Defense in November 2012 averted massive Israeli casualties, thereby decreasing Israel’s need to conduct a ground-based attack against Gaza-based terrorists, enhancing Israel’s operational flexibility, and preventing terrorists from plunging the region into crisis whenever they choose. (14) Israel has indicated that it is ready to share the technology of the Iron Dome anti-rocket defense system with the United States, which would strengthen United States defense capabilities. (15) The Government of Israel currently has five operational Iron Dome batteries deployed in the field, which are far from sufficient to protect all of Israel’s territory. 3. Authorization of assistance to Israel for the Iron Dome anti-rocket defense system and authorization for cooperation on the David’s Sling, Arrow, and Arrow 3 anti-missile defense systems The President, acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance, upon request of the Government of Israel, for the procurement of the Iron Dome anti-rocket defense system, as well as authorization for cooperation on the development, maintenance, enhancement, and sustainment of the David’s Sling, Arrow, and Arrow 3 anti-missile defense systems, for the purposes of intercepting short-range, medium-range, and long-range rockets, missiles, and projectiles launched against Israel. | https://www.govinfo.gov/content/pkg/BILLS-113hr2701ih/xml/BILLS-113hr2701ih.xml |
113-hr-2702 | I 113th CONGRESS 1st Session H. R. 2702 IN THE HOUSE OF REPRESENTATIVES July 16, 2013 Mr. Sarbanes (for himself, Mr. Fitzpatrick , Ms. Bonamici , Mrs. Capps , Mrs. Christensen , Mr. Cummings , Mr. Ellison , Mr. Farr , Mr. Grijalva , Mr. Huffman , Mr. Holt , Ms. Lee of California , Ms. McCollum , Mr. McGovern , Mr. McNerney , Ms. Pingree of Maine , Mr. Polis , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 regarding improving environmental literacy to better prepare students for postsecondary education and careers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the No Child Left Inside 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. Findings. Sec. 3. References. Sec. 4. Authorization of appropriations. TITLE I—Environmental literacy Sec. 101. Environmental literacy. TITLE II—Promoting environmental literacy in education programs Sec. 201. Amendments to title II, part B. Sec. 202. Amendments to title IV, part B. TITLE III—National activities to enhance environmental literacy Sec. 301. Availability of other environmental literacy information. Sec. 302. Federal interagency coordination on environmental literacy. 2. Findings The Congress finds that: (1) Children and young adults are increasingly disconnected from the natural world around them, spending less time outside playing, exploring, and learning. (2) Play and learning in nature is important to the intellectual, social, and physical development of youth. (3) Environmental education, as part of the formal prekindergarten through grade 12 school curriculum, provides opportunities for youth to get outside and learn about the natural world, has positive impacts on student achievement in all subjects and especially in science, reading, mathematics, and social studies, and improves critical thinking skills, enthusiasm for learning, stewardship, and healthy lifestyles. (4) By many indicators, the United States is falling behind other nations in preparing students with the educational tools necessary to compete for the growing opportunities in the sciences, including environmental, natural resource, and energy-related careers. (5) Reports by boards of the National Science Foundation, the National Environmental Education Advisory Council, and the National Council for Science and the Environment, among others, have called for a systemic approach to environmental education in the formal education system to improve the environmental literacy of youth and better prepare students for college and the 21st century workforce. (6) Forty-eight States have developed, or are in the process of developing, environmental literacy plans to effectively integrate environmental education into the prekindergarten through grade 12 curriculum and ensure that students graduate from high school environmentally literate. At the same time, most states are aligning curricula with the Common Core State Standards. (7) Support from the Department of Education is needed to help State and local educational agencies, and the partners of such agencies, implement environmental literacy plans and advance State curriculum frameworks for environmental and natural resource education that meets new State academic content and student achievement standards and aligns with the Next Generation Science Framework. (8) Federal science and natural resource agencies have important resources, including Federal lands and laboratories, content experts, data, and programs that can inform and support State and local environmental literacy policies and programming. 3. References Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). 4. Authorization of appropriations (a) Authorization There are authorized to be appropriated to carry out subpart 22 of the Elementary and Secondary Education Act of 1965, such sums as may be necessary for fiscal year 2014 and each of the 4 succeeding fiscal years. (b) Distribution With respect to any amount appropriated under subsection (a) for a fiscal year— (1) not less than 70 percent of such amount shall be used to carry out section 5622 of the Elementary and Secondary Education Act of 1965 for such fiscal year; and (2) not more than 30 percent of such amount shall be used to carry out section 5623 of such Act for such fiscal year. I Environmental Literacy 101. Environmental Literacy Part D of title V (20 U.S.C. 7201 et seq.) is amended by adding at the end the following: 22 Environmental Literacy 5621. Definitions In this subpart: (1) Eligible partnership The term eligible partnership means a partnership that includes a local educational agency and not less than 1 of the following partners: (A) A teacher preparation program at an institution of higher education. (B) The environmental or life sciences department of an institution of higher education. (C) Another local educational agency, a public charter school, a public elementary school or secondary school, or a consortium of such schools. (D) A Federal, State, regional, or local environmental or natural resource management agency, or parks and recreation department, that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (E) A nonprofit organization that has demonstrated effectiveness, expertise, and experience in the field of environmental literacy, including the professional development of teachers. (2) Environmental literacy The term environmental literacy means a fundamental understanding of ecological principles, the systems of the natural world, and the relationships and interactions between natural and man-made environments. (3) Environmental literacy plan The term environmental literacy plan means a plan developed, approved, or sponsored by the State educational agency in consultation with State environmental agencies, State environmental education associations, and State natural resource agencies, and with input from the public, that: (A) Prepares students to understand ecological principles, the systems of the natural world, and the relationships and interactions between natural and man-made environments. (B) Provides field and hands-on experiences as part of the regular school curriculum and creates programs that contribute to healthy lifestyles through outdoor recreation and sound nutrition. (C) Provides environmental service learning opportunities. (D) Provides targeted professional development opportunities for teachers that improves the teachers'— (i) environmental and natural resource content knowledge; and (ii) pedagogical skills in teaching about the environment, including the use of— (I) interdisciplinary, field-based, and research-based learning; and (II) science, technology, engineering, and mathematics content knowledge and tools. (E) Describes the measures the State will use to assess the environmental literacy of students, including— (i) relevant State academic content standards and content areas regarding environmental education, and courses or subjects where environmental education instruction will be integrated throughout the prekindergarten through grade 12 curriculum; and (ii) a description of the relationship of the plan to the secondary school graduation requirements of the State. (F) Describes how the State educational agency will implement the plan, in partnership with non-governmental organizations, Federal agencies, State environmental agencies, State environmental education associations, State natural resource agencies, and local educational agencies, including how the State educational agency will secure funding and other necessary support. (G) Is periodically updated by the State educational agency not less often than every 5 years. (4) High-need local educational agency The term high-need local educational agency means a local educational agency— (A) for which not less than 20 percent of the children served by the agency are children from low-income families; (B) that serves not fewer than 10,000 children from low-income families; (C) that meets the eligibility requirements for funding under section 6211(b); or (D) that meets the eligibility requirements for funding under section 6221(b). 5622. Grants for Implementation of Environmental Literacy Plans (a) Program authorized From amounts appropriated for this section, the Secretary shall award grants to States to enable the States to award subgrants, on a competitive basis, to eligible partnerships to support the implementation of the State environmental literacy plan. (b) Application (1) In general A State that desires a grant under this section shall submit an application to the Secretary, at such time, in such manner, and containing such information as the Secretary may require. (2) Contents Each application under this subsection shall— (A) include the State’s environmental literacy plan and information on the status of implementation of such plan; (B) describe how funds received under this subsection will assist the State in furthering the implementation of the State’s environmental literacy plan; (C) describe the process the State will use to make subgrants to eligible partnerships; and (D) describe the process the State will use to evaluate the impact of the activities assisted under this subpart. (c) Peer review The Secretary shall— (1) establish a peer review process to assist in the review of grant applications under this section; (2) appoint individuals to the peer review process who— (A) are representative of parents, teachers, State educational agencies, State environmental agencies, State natural resource agencies, local educational agencies, and nongovernmental organizations; and (B) are familiar with national environmental issues and the health and educational needs of students; and (3) include, in the peer review process, appropriate representatives from the Department of Commerce, the Department of the Interior, the Department of Energy, the Environmental Protection Agency, and other appropriate Federal agencies, to provide environmental expertise and background for evaluation of the State environmental literacy plan. (d) Administrative expenses A State receiving a grant under this subsection may use not more than 2.5 percent of the grant funds for administrative expenses. (e) State Educational Agency Report (1) In general Each State receiving a grant under this subpart shall prepare and submit an annual report to the Secretary containing information about— (A) the implementation of the environmental literacy plan; and (B) the grant activities supported under this subpart. (2) Report requirements The report required by this section shall be— (A) in the form specified by the Secretary; (B) based on the State's ongoing evaluation activities; and (C) made readily available to the public. (f) Subgrants authorized (1) Subgrants to eligible partnerships From amounts made available to a State educational agency under subsection (a), the State educational agency shall award subgrants, on a competitive basis, to eligible partnerships serving the State, to enable the eligible partnerships to carry out the authorized activities described in subsection (h). (2) Duration The State educational agency shall award each subgrant under this section for a period of not more than 3 years. (3) Priority In making subgrants under this section, a State shall give priority to eligible partnerships that include a high-need local educational agency. (4) Supplement, not supplant Funds provided to an eligible partnership under this section shall be used to supplement, and not supplant, funds that would otherwise be used for activities authorized under this section. (g) Application requirements (1) In general Each eligible partnership desiring a subgrant under this section shall submit an application to the State educational agency, at such time, in such manner, and accompanied by such information as the State educational agency may require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a description of teacher professional development needs, with respect to the teaching and learning of environmental content; (B) an explanation of how the activities to be carried out by the eligible partnership are expected to improve student academic achievement and strengthen the quality of environmental instruction; (C) a description of how the activities to be carried out by the eligible partnership— (i) will be aligned with challenging State academic content standards and student academic achievement standards in environmental education, to the extent such standards exist, and with the State's environmental literacy plan; and (ii) will advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components in which students have the opportunity to directly experience nature through outdoor environmental learning; (D) a description of how the activities to be carried out by the eligible partnership will ensure that teachers are trained in the use of field-based or service learning to enable the teachers— (i) to use the local environment and community as a resource; and (ii) to improve student understanding of the environment and increase academic achievement; (E) a description of— (i) how the eligible partnership will carry out the authorized activities described in subsection (h); and (ii) the eligible partnership's evaluation and accountability plan described in subsection (i); and (F) a description of how the eligible partnership will continue the activities funded under this section after the grant period has expired. (h) Authorized activities An eligible partnership shall use the subgrant funds provided under this section for 1 or more of the following activities related to elementary schools or secondary schools: (1) Providing targeted, job-embedded professional development opportunities for teachers that improve the environmental content knowledge and pedagogical skills in teaching about the environment of such teachers, including in the use of— (A) interdisciplinary, research-based, and field-based learning; and (B) technology in the classroom. (2) Establishing and operating environmental education summer workshops or institutes, including follow-up professional development, for elementary and secondary school teachers, and preschool teachers, as appropriate, to improve pedagogical skills and content knowledge for the teaching of environmental education. (3) Developing or redesigning more rigorous environmental education curricula that— (A) are aligned with challenging State academic content standards in environmental education, to the extent such standards exist, and with the State environmental literacy plan; and (B) advance the teaching of interdisciplinary courses that integrate the study of natural, social, and economic systems and that include strong field components. (4) Designing programs to prepare teachers at a school to provide mentoring and professional development to other teachers at such school to improve teacher environmental education content knowledge and pedagogical skills. (5) Establishing and operating programs to bring teachers and students into contact with working professionals in environmental fields to deepen such teachers' knowledge of environmental content and research practices. (6) Creating initiatives that seek to incorporate environmental education within teacher training programs or accreditation standards consistent with the State environmental literacy plan. (7) Promoting the integration of outdoor environmental education lessons into the regular school curriculum and schedule in order to further the knowledge and professional development of teachers and help students directly experience nature. (i) Evaluation and accountability plan (1) In general Each eligible partnership receiving a subgrant under this section shall develop an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of the activities. (2) Contents The plan developed under paragraph (1) shall include measurable objectives to increase the number of teachers who participate in environmental education content-based professional development activities. (j) Report by eligible partnerships Each eligible partnership receiving a subgrant under this section shall report annually, for each year of the subgrant, to the State educational agency regarding the eligible partnership's progress in meeting the objectives described in the accountability plan of the eligible partnership under subsection (i). 5623. Environmental education grant program to help build national capacity (a) Purposes The purposes of this section are— (1) to strengthen environmental education as an integral part of the elementary school and secondary school curriculum; and (2) to disseminate information about best practices and resources available to support environmental literacy programs. (b) Grant program authorized (1) In General The Secretary is authorized to award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to pay the Federal share of the costs of activities under this section. (2) Duration Each grant under this section shall be for a period of not less than 1 year and not more than 3 years. (3) Priority In making grants under this section, the Secretary shall give priority to eligible partnerships that include a high-need local educational agency. (c) Applications Each eligible partnership desiring a grant under this section shall submit to the Secretary an application that contains— (1) a plan to initiate, expand, or improve environmental education programs in order to make progress toward meeting— (A) challenging State academic content standards and student academic achievement standards in environmental education, to the extent such standards exist; and (B) academic standards that are aligned with the State's environmental literacy plan; and (2) an evaluation and accountability plan for activities assisted under this section that includes rigorous objectives that measure the impact of activities funded under this section. (d) Use of funds Grant funds made available under this section shall be used for 1 or more of the following: (1) Developing and implementing State curriculum frameworks for environmental education that meet— (A) challenging State academic content standards and student academic achievement standards for environmental education, to the extent such standards exist; and (B) academic standards that are aligned with the State's environmental literacy plan under section 5622. (2) Replicating or disseminating information about proven and tested model environmental education programs that— (A) use the environment as an integrating theme or content throughout the curriculum; or (B) provide integrated, interdisciplinary instruction about natural, social, and economic systems along with field experience that provides students with opportunities to directly experience nature in ways designed to improve students' overall academic performance, personal health (including addressing child obesity issues), and understanding of nature. (3) Developing and implementing new approaches to advancing environmental education, and to advancing the adoption and use of environmental education content standards, at the State and local levels. (e) Eligible partnership report In order to continue receiving grant funds under this section after the first year of a multiyear grant under this section, the eligible partnership shall submit to the Secretary an annual report that— (1) describes the activities assisted under this section that were conducted during the preceding year; (2) demonstrates that progress has been made in helping schools to meet the State academic standards for environmental education described in subsection (d)(3); and (3) describes the results of the eligible partnership's evaluation and accountability plan. (f) Administrative provisions (1) Federal share The Federal share of a grant under this section shall not exceed— (A) 90 percent of the total costs of the activities assisted under the grant for the first year for which the program receives assistance under this section; and (B) 75 percent of such costs for each of the second and third years. (2) Administrative expenses Not more than 7.5 percent of the grant funds made available to an eligible partnership under this section for any fiscal year may be used for administrative expenses. (3) Availability of funds Amounts made available to the Secretary to carry out this section shall remain available until expended. (g) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, any other Federal, State, or local funds available for environmental education activities. 5624. Report to Congress Not later than 2 years after the date of enactment of the No Child Left Inside Act of 2013 and every 2 years thereafter, the Secretary shall submit a report to Congress that— (1) describes the programs assisted under this subpart; (2) documents the success of such programs in improving national and State environmental education capacity; and (3) makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this subpart. . II Promoting environmental literacy in education programs 201. Amendments to title II, part B (1) Section 2201(b)(1)(B) (20 U.S.C. 6661(b)(1)(B)) is amended— (A) in clause (iii) by striking or ; (B) in clause (iv) by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (v) a Federal, State, regional, or local science, environmental, or natural resource management agency or a nonprofit environmental education organization that has demonstrated effectiveness in improving the quality of mathematics and science instruction. . (2) Section 2202 (20 U.S.C. 6662) is amended— (A) in subsection (b)(2)(B), by inserting , including any State environmental literacy plan described in section 5621(a), after reform activities ; and (B) in subsection (c), by adding at the end the following: (11) Professional development in the use of field-based or service learning to enable teachers— (A) to use the local environment and community as a resource; and (B) to enhance student understanding of mathematics and science through environmental education. . 202. Amendments to title IV, part B (1) Section 4201(b)(1)(A) ( 20 U.S.C. 7171(b)(1)(A) ) is amended by inserting environmental literacy, after technology . (2) Section 4205(a) ( 20 U.S.C. 7175(a) ) is amended— (A) by inserting the following after paragraph (3): (4) environmental literacy activities; ; and (B) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively. III National Activities 301. Availability of other environmental literacy information (a) Nondepartmental environmental literacy assistance programs The Secretary of Education shall request that all Federal departments and agencies provide information on any environmental literacy assistance program operated, sponsored, or supported by such Federal department or agency, including information about the application procedures, financial terms and conditions, and other relevant information for each program, and each Federal department or agency shall promptly respond to surveys or other requests from the Secretary of Education for the information described in this subsection. (b) Public Information The Secretary of Education shall ensure that not later than 90 days after the Secretary of Education receives the information required under subsection (a), the eligibility requirements, application procedures, financial terms and conditions, and other relevant information for each nondepartmental environmental literacy assistance program are searchable and accessible through the Department of Education’s website and cross-referenced with the United States Green Ribbon School application information, in a manner that is simple and understandable for school districts and communities. 302. Federal interagency coordination on environmental literacy (a) In General The Secretary of Education shall coordinate environmental literacy activities between the Department of Education, the Environmental Protection Agency, the Department of the Interior, and the Department of Commerce, including by carrying out the activities described in subsection (b). (b) Coordination activities In coordinating environmental literacy activities, the Secretary of Education shall— (1) assess current Federal environmental education programs, goals, and budget items across agencies; (2) assess environment-based science, technology, engineering, and mathematics (referred to as ‘‘eSTEM’’) achievement to demonstrate that learning about and in the environment is an effective strategy for increasing engagement in learning and academic achievement in STEM subject areas; and (3) produce adaptable environmental literacy plan guidelines and identify coordinated resources across Federal agencies that States and local educational agencies can follow as States and local educational agencies work to develop environmental literacy plans and programs of their own. (c) Advisory Panel The Secretary of Education shall appoint an advisory panel of stakeholders, including representatives from State educational agencies, local educational agencies, businesses, and nonprofit organizations that are engaged in local environmental literacy efforts representing the geographic, economic, and cultural diversity of the country, who shall meet quarterly to advise and support interagency planning and assessment regarding environmental literacy activities. (d) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Education, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce shall prepare and submit a joint report to Congress containing information about the coordination of environmental literacy activities between Federal agencies. | https://www.govinfo.gov/content/pkg/BILLS-113hr2702ih/xml/BILLS-113hr2702ih.xml |
113-hr-2703 | I 113th CONGRESS 1st Session H. R. 2703 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Murphy of Pennsylvania (for himself, Mr. Gene Green of Texas , Mr. Dent , Mr. Diaz-Balart , Ms. Matsui , Mr. Burgess , Mr. Shuster , Mr. Sarbanes , Mr. Fortenberry , Mrs. Capito , Mr. Johnson of Ohio , Mr. Vela , Ms. Hanabusa , and Mr. Schock ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.
1. Short title This Act may be cited as the Family Health Care Accessibility Act of 2013 . 2. Liability protections for health professional volunteers at community health centers Section 224 of the Public Health Service Act ( 42 U.S.C. 233 ) is amended by adding at the end the following: (q) (1) For purposes of this section, a health professional volunteer at an entity described in subsection (g)(4) shall, in providing a health professional service eligible for funding under section 330 to an individual, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (4)(C). The preceding sentence is subject to the provisions of this subsection. (2) In providing a health service to an individual, a health care practitioner shall for purposes of this subsection be considered to be a health professional volunteer at an entity described in subsection (g)(4) if the following conditions are met: (A) The service is provided to the individual at the facilities of an entity described in subsection (g)(4), or through offsite programs or events carried out by the entity. (B) The entity is sponsoring the health care practitioner pursuant to paragraph (3)(B). (C) The health care practitioner does not receive any compensation for the service from the individual or from any third-party payer (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program), except that the health care practitioner may receive repayment from the entity described in subsection (g)(4) for reasonable expenses incurred by the health care practitioner in the provision of the service to the individual. (D) Before the service is provided, the health care practitioner or the entity described in subsection (g)(4) posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care practitioner is limited pursuant to this subsection. (E) At the time the service is provided, the health care practitioner is licensed or certified in accordance with applicable law regarding the provision of the service. (3) Subsection (g) (other than paragraphs (3) and (5)) and subsections (h), (i), and (l) apply to a health care practitioner for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph (4) and subject to the following: (A) The first sentence of paragraph (1) applies in lieu of the first sentence of subsection (g)(1)(A). (B) With respect to an entity described in subsection (g)(4), a health care practitioner is not a health professional volunteer at such entity unless the entity sponsors the health care practitioner. For purposes of this subsection, the entity shall be considered to be sponsoring the health care practitioner if— (i) with respect to the health care practitioner, the entity submits to the Secretary an application meeting the requirements of subsection (g)(1)(D); and (ii) the Secretary, pursuant to subsection (g)(1)(E), determines that the health care practitioner is deemed to be an employee of the Public Health Service. (C) In the case of a health care practitioner who is determined by the Secretary pursuant to subsection (g)(1)(E) to be a health professional volunteer at such entity, this subsection applies to the health care practitioner (with respect to services performed on behalf of the entity sponsoring the health care practitioner pursuant to subparagraph (B)) for any cause of action arising from an act or omission of the health care practitioner occurring on or after the date on which the Secretary makes such determination. (D) Subsection (g)(1)(F) applies to a health care practitioner for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph (2) is met. (4) (A) Amounts in the fund established under subsection (k)(2) shall be available for transfer under subparagraph (C) for purposes of carrying out this subsection. (B) Not later May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of health professional volunteers, will be paid pursuant to this section during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) applies to the estimate under the preceding sentence regarding health professional volunteers to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4). (C) Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subsection (k)(2) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (B) for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. (5) (A) This subsection takes effect on October 1, 2014, except as provided in subparagraph (B). (B) Effective on the date of the enactment of this subsection— (i) the Secretary may issue regulations for carrying out this subsection, and the Secretary may accept and consider applications submitted pursuant to paragraph (3)(B); and (ii) reports under paragraph (4)(B) may be submitted to the Congress. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2703ih/xml/BILLS-113hr2703ih.xml |
113-hr-2704 | I 113th CONGRESS 1st Session H. R. 2704 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Michaud (for himself and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to submit to Congress a Future-Years Veterans Program and a quadrennial veterans review, to establish in the Department of Veterans Affairs a Chief Strategy Officer, and for other purposes.
1. Short title This Act may be cited as the Department of Veterans Affairs Budget Planning Reform Act of 2013 . 2. Establishment of strategic plans to improve programs and benefits for veterans (a) Future-Years Veterans Program (1) In general Chapter 1 of title 38, United States Code, is amended by adding at the end the following new section: 119. Future-Years Veterans Program (a) Submission to Congress The Secretary shall submit to Congress each year, at or about the time that the President’s budget is submitted to Congress pursuant to section 1105(a) of title 31, a Future-Years Veterans Program reflecting the estimated expenditures and proposed appropriations included in that budget. Any such Future-Years Veterans Program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years. (b) Consistency (1) The Secretary shall ensure that amounts described in subparagraph (A) of paragraph (2) for any fiscal year are consistent with amounts described in subparagraph (B) of such paragraph for that fiscal year. (2) Amounts referred to in paragraph (1) are the following: (A) The amounts specified in program and budget information submitted to Congress by the Secretary in support of expenditure estimates and proposed appropriations in the budget submitted to Congress by the President under section 1105(a) of title 31 for any fiscal year, as shown in the Future-Years Veterans Program submitted pursuant to subsection (a). (B) The total amounts of estimated expenditures and proposed appropriations necessary to support the programs, projects, and activities of the Department of Veterans Affairs included pursuant to paragraph (5) of section 1105(a) of title 31 in the budget submitted to Congress under that section for any fiscal year. (c) Contents The Future-Years Veterans Program under subsection (a) shall set forth the five-year plan of the Department to address the commitment of the United States to veterans and the resources necessary to meet that commitment and shall be developed and updated, as appropriate, annually by the Secretary. Each Future-Years Veterans Program shall include an explanation of— (1) the information that was used to develop program planning guidance for the Future-Years Veterans Program; and (2) how the resource allocations included in the Future-Years Veterans Program correlate to such five-year strategy. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item: 119. Future-Years Veterans Program. . (3) Effective Date Section 119 of title 38, United States Code, as added by paragraph (1), shall apply with respect to the preparation and submission of the fiscal year 2018 budget request for the Department of Veterans Affairs. (b) Quadrennial Veterans Review (1) In general Such chapter is further amended by adding after section 119, as added by subsection (a)(1), the following new section: 120. Quadrennial veterans review (a) Requirement (1) Not later than fiscal year 2017, and every fourth year thereafter, the Secretary shall conduct a review of the strategy for meeting the commitment of the United States to veterans and the resources necessary to meet that commitment (in this section referred to as a quadrennial veterans review ). (2) Each quadrennial veterans review shall include a comprehensive examination of the policies and strategies of the United States with respect to veterans, including recommendations regarding the long-term strategy and priorities for programs, services, benefits, and outcomes regarding veterans and guidance on the programs, assets, capabilities, budget, policies, and authorities of the Department. (3) The Secretary shall conduct each quadrennial veterans review in consultation with key officials of the Department, the heads of other Federal agencies, and other relevant governmental and nongovernmental entities, including State, local, and tribal government officials, members of Congress, veterans service organizations, private sector representatives, academics, and other policy experts. (4) The Secretary shall ensure that each quadrennial veterans review is coordinated with the Future-Years Veterans Program required under section 119 of this title. (b) Contents of review In each quadrennial veterans review, the Secretary shall— (1) delineate a veterans strategy consistent with the commitment of the United States to veterans and refine a strategy for the types of, and provision of, programs, services, benefits, and outcomes consistent with current authorities and requirements; (2) outline and prioritize the full range of programs and capabilities regarding veterans provided by the Federal Government; (3) identify the budget plan required to provide sufficient resources to successfully execute the full range of such programs and capabilities; (4) include an assessment of the organizational alignment of the Department with respect to the strategy referred to in paragraph (1) and the programs and capabilities referred to in paragraph (2); (5) review and assess the effectiveness of the mechanisms of the Department for executing the process of turning the requirements identified in the quadrennial veterans review into a plan to meet such requirements, including an expenditure plan for the Department; and (6) identify emerging trends, problems, opportunities, and issues that could affect veterans or the Department during the ten-year period following the period covered by the review. (c) Submission to Congress (1) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report regarding each quadrennial veterans review. The Secretary shall submit the report in the year following the year in which the review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under section 1105 of title 31, United States Code. (2) Each report submitted under paragraph (1) shall include— (A) the results of the quadrennial veterans review; (B) a description of the challenges to, and opportunities for, the assumed or defined veterans-related interests of the Nation that were examined for the purposes of that review; (C) the strategy for meeting the Nation’s commitment to veterans, including a prioritized list of the missions of the Department; (D) a description of the interagency cooperation, preparedness of Federal assets, infrastructure, budget plan, and other elements of the programs and policies of the Nation associated with the strategy referred to in subsection (b)(1) that are required to execute successfully the full range of programs and capabilities identified in such strategy and the programs and capabilities outlined under subsection (b)(2); (E) an assessment of the organizational alignment of the Department with the strategy referred to in subsection (b)(1) and the programs and capabilities outlined under subsection (b)(2), including the Department's organizational structure, management systems, budget and accounting systems, human resources systems, procurement systems, and physical and technical infrastructure; (F) a discussion of the status of cooperation among Federal agencies in the effort to promote national support for veterans; (G) a discussion of the status of cooperation between the Federal Government and State, local, and tribal governments in supporting veterans and providing programs, services, benefits, and outcomes to assist veterans; (H) an explanation of any underlying assumptions used in conducting the review; and (I) any other matter the Secretary considers appropriate. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 119, as added by subsection (a)(2), the following new item: 120. Quadrennial Veterans Review. . (c) Policy Guidance (1) In general Such chapter is further amended by adding after section 120, as added by subsection (b)(1), the following new section: 121. Policy Guidance The Secretary shall provide annually to the appropriate officials of the Department written policy guidance for the preparation and review of the planning and program recommendations and budget proposals of the elements of the Department of such officials. Such guidance shall include guidance on the objectives of the Department in accordance with Future-Years Veterans Program under section 119 of this title and the quadrennial veterans review under section 120 and the resource levels projected to be available for the period of time for which such recommendations and proposals are to be effective. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 120, as added by subsection (b)(2), the following new item: 121. Quadrennial veterans review. . 3. Chief strategy officer of the Department of Veterans Affairs (a) In general Chapter 3 of title 38, United States Code, is amended by adding at the end the following new section: 323. Chief Strategy Officer (a) In general The Secretary shall designate the Assistant Secretary whose functions include planning, studies, and evaluations as the Chief Strategy Officer of the Department. The Chief Strategy Officer shall advise the Secretary on long-range strategy and implications. (b) Responsibilities The Chief Strategy Officer is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to the Secretary and such officials. The Chief Strategy Officer shall carry out the following responsibilities: (1) Conducting cost estimation and cost analysis for the programs of the Department. (2) Establishing policies for, and overseeing the integration of, the planning, programming, budgeting and execution process for the Department. (3) Providing analysis and advice on matters relating to the planning and programming phase of the planning, programming, budgeting and execution process, and the preparation of materials and guidance for such process, as directed by the Secretary, working in coordination with the Assistant Secretary for Management. (4) Developing and executing the Future-Years Veterans Program of the Department, as specified under section 119 of this title. (5) Developing resource discussions relating to requirements under consideration in the quadrennial veterans review under section 120 of this title. (6) Formulating study guidance for analysis of alternatives for programs and initiatives, including any necessary acquisitions, development, or procurement commensurate with such alternatives, and performance of such analysis as directed by the Secretary. (7) Reviewing, analyzing, and evaluating programs for executing approved strategies and policies, ensuring that information on programs and expected outcomes is presented accurately and completely. (8) Ensuring that the costs of programs and alternatives are presented accurately and completely by assisting in establishing standards, policies, and procedures for the conduct of cost estimation and cost analysis throughout the Department, including guidance relating to the proper selection of confidence levels in cost estimates generally and for specific programs of the Department. (9) Conducting studies at the request of the Secretary regarding costs, policy assumptions, and strategic implications of current policies and possible alternatives. (10) Communicating directly to the Secretary and the Deputy Secretary of Veterans Affairs about matters for which the Chief Strategy Officer is responsible without obtaining the approval or concurrence of any other official within the Department. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 322 the following new item: 323. Chief Strategy Officer. . 4. Study on the functions and organizational structure of the Office of the Secretary of Veterans Affairs and of the Department of Veterans Affairs (a) Secretary of Veterans Affairs Study The Secretary of Veterans Affairs shall conduct a study of the functions and organizational structure of the Office of the Secretary and of the Department of Veterans Affairs. (b) Contents of Study In conducting the study under subsection (a), the Secretary shall consider whether the allocation of functions and the organizational structure of the Department, as of the date of the enactment of this Act, constitute the most effective, efficient, and economical allocation and structure to assist the Secretary in carrying out the duties and responsibilities of the Secretary. The Secretary shall also consider— (1) whether the organization of the Office and the Department is— (A) optimally structured to assist the Secretary in the effective exercise of control over the Department, including— (i) policy development and strategic planning; (ii) programming, planning, and budget development and policy, program, and budget execution; and (iii) contingency planning; and (B) the most effective and efficient organization for the initiation, development, and articulation of veterans’ policy and the provision of benefits and services; (2) means of improving and strengthening the oversight and accountability within the Office and Department; (3) factors inhibiting efficient and effective execution of the functions of the Office and the Department, including factors relating to— (A) any duplication of functions (both within and between the Office and Department); (B) the availability to the Secretary of sufficient and detailed information regarding the operation of the Department to enable effective planning, policy execution, and oversight; and (C) the sufficiency of resources, including personnel, to carry out current and projected requirements in a more effective and efficient manner; and (4) possible alternative allocations and realignments of authorities and functions within the Office and Department to improve the Department’s overall operation and better provide benefits and services. (c) Independent Contractor Study The Secretary shall enter into a contract with an appropriate entity under which the entity shall carry out an independent study of the same matters required to be considered by the Secretary under subsection (b). The Secretary shall ensure that the entity has full access to such information as the contractor requires in order to conduct the study and that the contractor otherwise receives full cooperation from all officials and entities of the Department of Veterans Affairs. (d) Report to Congress Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the Secretary’s study under subsection (a). The report shall include— (1) the findings and conclusions of the Secretary with respect to each of the matters set forth in subsection (b); (2) any recommendations of the Secretary for organizational changes in the Office of the Secretary and the overall Department and a description of the means for implementing each recommendation; and (3) a copy of the report of the independent contractor under subsection (c), together with such comments on such report as the Secretary considers appropriate. | https://www.govinfo.gov/content/pkg/BILLS-113hr2704ih/xml/BILLS-113hr2704ih.xml |
113-hr-2705 | I 113th CONGRESS 1st Session H. R. 2705 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Denham introduced the following bill; which was referred to the Committee on Natural Resources A BILL To develop a pilot program to remove non-native predator fishes from the Stanislaus River to protect the native anadromous fishery resources affected by the operation of the New Melones Unit of the East Side Division of the Central Valley Project, and for other purposes.
1. Short title This Act may be cited as the Stanislaus River Native Anadromous Fish Improvement Act . 2. Pilot program to protect anadromous fish in the stanislaus river (a) Establishment of non-Native predator fish removal program The Commissioner and districts, in consultation with the National Marine Fisheries Service, the United States Fish and Wildlife Service, and the California Department of Fish and Wildlife, shall jointly develop and conduct a pilot non-native predator fish removal program to remove non-native striped bass, smallmouth bass, largemouth bass, black bass, and other non-native predator fishes from the Stanislaus River. The pilot program shall— (1) be scientifically based; (2) include methods to quantify the number and size of predator fishes removed each year, the impact of such removal on the overall abundance of predator fishes, and the impact of such removal on the populations of juvenile anadromous fish found in the Stanislaus River by, among other things, evaluating the number of juvenile anadromous fish that migrate past the rotary screw trap located at Caswell; (3) use wire fyke trapping, portable resistance board weirs, and boat electrofishing, which are the most effective predator collection techniques that minimize affects to native anadromous fish; (4) be developed, including the application for all necessary scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act of 1973 ( 16 U.S.C. 1539(a)(1) ), for the performance of the pilot program, not later than 6 months after the date of the enactment of this Act; (5) be implemented on the first business day of the calendar year following the issuance of all necessary scientific research and species enhancement permits needed to begin the pilot program; and (6) be implemented for a period of five consecutive calendar years. (b) Management The management of the pilot program shall be the joint responsibility of the Commissioner and the districts. Such parties shall work collaboratively to insure the performance of the pilot program, and shall discuss and agree upon, among other things, changes in the structure, management, personnel, techniques, strategy, data collection, reporting, and conduct of the pilot program. (c) Conduct (1) In general At the election of the districts, the pilot program may be conducted by their own personnel, qualified private contractors hired by the districts, personnel of, on loan to, or otherwise assigned to the Bureau of Reclamation, or a combination thereof. (2) Participation by bureau of reclamation In the event the districts elect to conduct the program using their own personnel or qualified private contractors hired by them, the Commissioner has the option to assign an employee of, on loan to, or otherwise assigned to the Bureau of Reclamation, to be present for all activities performed in the field. Such presence shall insure compliance with the agreed upon elements specified in subsection (b). The districts shall pay 100 percent of the cost of such participation as specified in subsection (d). (3) Timing of Election The districts shall notify the Commissioner of their election on or before October 15 of each calendar year of the pilot program, which election shall apply to the work performed in the subsequent calendar year. (d) Funding (1) Annual funding The districts shall be responsible for 100 percent of the cost of the pilot program. On or before December 1 of each year of the pilot program, the Commissioner shall submit to the districts an estimate of the cost to be incurred by the Bureau of Reclamation in the following calendar year, if any, including the cost of any data collection and posting under subsection (e). If an amount equal to the estimate is not provided to the reclamation fund identified in section 3 of the Act of February 21, 1911 ( 43 U.S.C. 525 ), by the districts on or before December 31 of each year— (A) the Bureau of Reclamation shall have no obligation to conduct the pilot program activities otherwise scheduled until full payment is made by the districts; and (B) the districts shall be prohibited from conducting any aspect of the pilot program until full payment is made by the districts. (2) Accounting On or before September 1 of each calendar year, the Commissioner shall provide an accounting of the prior calendar year’s expenses to the districts. If the estimate paid by the districts was less than the actual costs incurred by the Bureau of Reclamation, the districts shall have until September 30 of that calendar year to pay the difference to the reclamation fund. If the estimate paid by the districts was greater than the actual costs incurred by the Bureau of Reclamation, then a credit shall be provided to the districts, which shall be deducted from the estimate payment the districts must make for the work performed by the Bureau of Reclamation, if any, in the next calendar year. (e) Reporting and evaluation (1) In general On or before the 15th day of each month, the Commissioner shall post on the Web site of the Bureau of Reclamation a tabular summary of the raw data collected in the prior month. (2) Report On or before June 30 of the calendar year following the completion of the program, the Commissioner and districts shall jointly publish a peer reviewed report that— (A) discusses the findings and conclusions of the pilot program; (B) synthesizes the data collected under paragraph (1); and (C) makes recommendations for further study and action. (f) Permits process (1) Not later than 180 days after filing of an application by the Commissioner and the districts, the Secretary of the Interior, the Secretary of Commerce, or both, as appropriate, shall issue all necessary scientific research and species enhancement permits under section 10(a)(1) of the Endangered Species Act (16 U.S.C. 153(9)(a)(1)), for the performance of the pilot program. (2) Any permit application that is not approved by the Secretary of the Interior, Secretary of Commerce, or both, as appropriate, for any reason, within 180 days after receiving the application, shall be deemed approved. (3) All permits issued shall be in the name of the Bureau of Reclamation and the districts. (4) Districts may delegate the authority to administer the permit authority to any qualified private contractor retained in accordance with subsection (c). (5) The pilot program, including amendments thereto by the appropriate Federal and State agencies, shall constitute a conservation plan that complies with the requirements of section 10(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1539(a)(2)). (g) NEPA Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to section 2 and the issuance of any permit under this subsection during the seven-year period beginning on the date of the implementation of the pilot program. 3. Restrictions Any restriction imposed under California law on the catch, take, or harvest of any non-native or introduced aquatic or terrestrial species that preys upon anadromous fish and that occupies or is found in the Stanislaus River is hereby void and is preempted. 4. Definitions For the purposes of this Act: (1) Anadromous fish (A) The term anadromous fish as applied to the Stanislaus River and the operation of New Melones— (i) means those native stocks of salmon (including steelhead) that— (I) as of October 30, 1992, were present in and had not been extirpated from the Stanislaus River; and (II) which ascend the Stanislaus River to reproduce after maturing in San Francisco Bay or the Pacific Ocean; and (ii) does not mean any stock, strain or member of American shad, sockeye salmon, or striped bass. (B) The definition of anadromous fish provided in section 3403(a) of the Central Valley Project Improvement Act ( Public Law 102–575 ) shall not apply to the operation of New Melones Dam and Reservoir, or to any Federal action in the Stanislaus River. (2) Commissioner The term Commissioner means the Commissioner of the Bureau of Reclamation. (3) Districts The term districts means the Oakdale Irrigation District and the South San Joaquin Irrigation District. (4) Pilot program The term pilot program means the pilot non-native predator removal program established under section 2(b). 5. Sunset This Act and the authorities provided under this Act shall expire 7 years after implementation of the pilot program begins. | https://www.govinfo.gov/content/pkg/BILLS-113hr2705ih/xml/BILLS-113hr2705ih.xml |
113-hr-2706 | I 113th CONGRESS 1st Session H. R. 2706 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Yarmuth (for himself, Mr. Polis , Ms. Bonamici , Ms. Norton , Mr. Rahall , Mr. Connolly , Mr. Cohen , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a comprehensive literacy program, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as— (1) the Literacy Education for All, Results for the Nation Act ; or (2) the LEARN Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Programs authorized. Sec. 5. State planning grants. Sec. 6. State implementation grants. Sec. 7. Subgrants to eligible entities in support of literacy for children from birth through kindergarten entry. Sec. 8. Subgrants to eligible entities in support of literacy for students in kindergarten through grade 12. Sec. 9. Additional State activities. Sec. 10. National evaluation, information dissemination, and technical assistance. Sec. 11. Consequences of insufficient progress, reporting requirements, and conflicts of interest. Sec. 12. Rules of construction. Sec. 13. Definitions. Sec. 14. Authorization of appropriations. 2. Findings The Congress finds that in order for a comprehensive and effective literacy program to address the needs of children it is critical to address the following: (1) Literacy development is an ongoing process that requires a sustained engagement and investment beginning in early childhood and continuing through secondary school. (2) Developing literacy skills begins at birth as infants and toddlers associate sounds, gestures, and marks on paper with consequences and meaning. Many teachers and staff in early learning programs are not provided with high-quality professional development in how to support children’s language and literacy development. Such high-quality professional learning and preparation, that is job-embedded and ongoing, promotes strong early language and literacy for all children’s readiness for school. (3) Research shows that writing leads to improved reading achievement, reading leads to better writing performance, and combined instruction leads to improvements in both areas. Students in kindergarten through grade 12 need to be engaged in combined reading and writing experiences that lead to a higher level of thinking than when either process is taught alone. (4) Teachers and early childhood educators need professional development to improve the reading and writing abilities of children who are at risk for developmental delays or are reading and writing several years below grade level. Middle school and secondary school teachers in core academic subjects must have the tools and skills to teach reading and writing for subject area understanding and to differentiate and provide instruction for students with varying literacy skills. (5) Approximately 70 percent of 4th graders and 8th graders read below the proficient level on the 2007 National Assessment of Educational Progress. (6) Between 1971 and 2008, the reading levels of 17-year-olds in the United States showed little to no improvement. The ability of secondary school students to read complex texts is strongly predictive of their performance in postsecondary mathematics and science courses. (7) Only one-third of secondary school students who enter 9th grade each year can expect to graduate in 4 years with the skills needed to succeed in higher education and the workplace. (8) The 25 fastest growing professions have higher than average literacy demands while the fastest declining professions have lower than average literacy demands. (9) The intellectual and linguistic skills necessary for reading and writing must be developed through explicit, intentional, and systematic language activities, to which many low-income and minority students do not have access. (10) Only 71 percent of secondary school students graduate on time with a diploma, meaning that every year 1,230,000 students fail to graduate from secondary school in the United States. These 1,230,000 nongraduates cost the United States more than $319,000,000,000 in lost wages, taxes, and productivity over their lifetimes. (11) Meaningful engagement of families in their children’s early learning supports school readiness and later academic success. Parental literacy habits are positively associated with parental reading beliefs, parent-child literacy and language activities in the home, children’s print knowledge, and interest in reading and writing. 3. Purposes The purposes of this Act are— (1) to improve reading, writing, and academic achievement for children and students by providing Federal support to State educational agencies, in collaboration with State agencies that oversee child care programs, to develop, coordinate, and implement comprehensive State literacy plans that ensure high-quality instruction and effective practices in early language and literacy in early learning programs (serving children from birth through kindergarten entry) and in reading and writing in kindergarten through grade 12; and (2) to assist State educational agencies and State agencies that oversee child care and other early childhood programs in achieving the purposes described in paragraph (1) by— (A) supporting the development and implementation of early learning through grade 12 literacy programs that are based on scientifically valid research, to ensure that every student can read and write at grade level or above; (B) providing children attending early learning programs that serve children from birth through kindergarten entry, including programs, such as child care, Early Head Start, Head Start, State-funded preschool, public library programs, and other early childhood education settings, with high-quality, language-rich, literature-rich, informational text-rich, culturally relevant, developmentally appropriate environments, so that such children develop the fundamental knowledge and skills necessary for literacy engagement, development, and achievement in kindergarten and beyond; (C) educating parents in the ways they can support their child’s communication and literacy development; (D) supporting efforts to link and align standards and evidence-based teaching practices and instruction in early learning programs serving children from birth through kindergarten entry; (E) supporting high-quality, effective educational and development environments for children and students from birth through grade 12 to develop oral language, reading comprehension, and writing abilities through evidence-based instruction and practices; (F) improving student achievement by establishing literacy initiatives that provide explicit and systematic instruction in oral language, reading, and writing development across the curriculum; (G) identifying and supporting students who are reading and writing below grade level by providing evidence-based intensive interventions, including extended learning time, to help such students acquire the language and literacy skills they need to graduate from secondary school; (H) providing assistance to eligible entities in order to provide educators with high-quality professional development in the essential components of early literacy instruction and the essential components of reading and writing instruction; (I) supporting State educational agencies and local educational agencies in using age- and developmentally appropriate instructional materials and strategies, including those consistent with universal design for learning, that assist teachers as they work with students to develop reading and writing competencies appropriate to the student’s grade and skill levels; (J) supporting State educational agencies and eligible entities in improving reading, writing, and academic achievement for children and students, especially those that are low-income, limited English proficient, migratory, Indian or Alaskan Native, neglected or delinquent, homeless, in the custody of the child welfare system, those that have disabilities, or those who have dropped out of school; and (K) strengthening coordination among schools, early learning programs, early literacy programs, family literacy programs, juvenile justice programs, public libraries, and outside-of-school programs that provide children and youth with strategies, curricula, interventions, and assessments designed to advance early and continuing language and literacy development in ways appropriate for each context. 4. Programs authorized (a) In general The Secretary is authorized— (1) to award State planning grants in accordance with subsection (b) and section 5; and (2) to award State implementation grants in accordance with subsection (b) and section 6 to enable— (A) the State agency that oversees child care programs, in consultation with the State Advisory Council on Early Childhood Education and Care described in section 642B of the Head Start Act and other early childhood agencies, to award subgrants to eligible entities in accordance with section 7; (B) the State educational agency to award subgrants to eligible entities in accordance with section 8; and (C) the State educational agency to carry out the additional State activities described in section 9. (b) Awards to state educational agencies (1) Discretionary grants (A) In general If the amount appropriated under section 14 for a fiscal year is less than $500,000,000 the Secretary shall— (i) reserve not more than 5 percent of such amount for the national evaluation, dissemination of information, and technical assistance under section 10; (ii) reserve not more than 5 percent of such amount to make awards, on a competitive basis, under section 5; and (iii) use the amount not reserved under clauses (i) and (ii) to make awards, on a competitive basis and based on the quality of the applications submitted, to State educational agencies that have applications approved under section 6 to enable the agencies to carry out sections 7 through 9. (B) Allocation of funds The Secretary shall allocate the funds described in subparagraph (A)(iii) among approved applicants on the basis of the relative number or percentage of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ) in a State served by an approved applicant compared to the number or percentage of such children in all States served by approved applicants, except that awards under this paragraph shall be of sufficient size and scope to be effective. (2) Formula grants (A) In general If the amount appropriated under section 14 for a fiscal year is equal to or exceeds $500,000,000 the Secretary shall— (i) reserve not more than 5 percent of such amount for the national evaluation, dissemination of information, and technical assistance under section 10; (ii) reserve not more than 5 percent of such amount to make awards, on a competitive basis, under section 5; (iii) reserve a total of 1 percent of such amount for— (I) allotments for the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, to be distributed among such outlying areas on the basis of their relative need, as determined by the Secretary in accordance with the purposes of this Act; and (II) the Secretary of the Interior for programs under sections 5 through 9 in schools operated or funded by the Bureau of Indian Education; and (iv) use the amount not reserved under clauses (i) through (iii) to make awards, from allotments under subparagraph (B), to State educational agencies serving States, excluding States described in clause (iii)(I), that have applications approved under section 6 to enable the agencies to carry out sections 7 through 9. (B) State allotment formula From the funds described in subparagraph (A)(iv), the Secretary shall make an award to each approved applicant under section 6 on the basis of the relative number of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ) in the State served by the applicant compared to the number of such children in all States served by approved applicants. (C) Proportional division In each fiscal year, the amount reserved under subparagraph (A)(iii) shall be divided between the uses described in subclauses (I) and (II) of such subparagraph in the same proportion as the amount reserved under section 1121(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331(a)) is divided between the uses described in paragraphs (1) and (2) of such section 1121(a) for such fiscal year. (3) Consultation (A) In general As applicable, a State educational agency that receives a discretionary grant or allotment under this subsection shall engage in timely and meaningful consultation with representatives of Indian tribes located in the State in order to improve the coordination of activities designed to develop effective approaches to achieve the purposes of the Act consistent with the cultural, language, and educational needs of Indian students. (B) Special rule Of the funds reserved under paragraph (2)(A)(iii)(II), the Secretary of the Interior shall consult with tribes and school boards connected with bureau-funded schools to ensure allocation of funds to the extent possible in accordance with subparagraphs (A), (B), and (C) of section 6(a)(2). (c) Peer review (1) In general The Secretary shall convene a peer review panel to evaluate and make recommendations to the Secretary regarding each application for a grant under section 5 or 6 using the evaluation criteria described in paragraph (2). (2) Development of evaluation criteria The Secretary shall report to the Congress the peer review process and evaluation criteria that will be used to evaluate grant applications under sections 5 and 6 and shall make a copy of the peer review panel’s comments available to the public. (d) Supplement not supplant Grant funds provided under this section shall be used to supplement, and not supplant, other Federal, State, or local funds that would, in the absence of such grant funds, be made available for literacy instruction and support of children and students participating in programs assisted under this Act. 5. State planning grants (a) Planning grants authorized (1) In general The Secretary may award planning grants to State educational agencies to enable the State educational agencies to develop or improve a comprehensive plan, in consultation with the State agencies that oversee child care and other early childhood programs, the State Advisory Council on Early Childhood Education and Care, and the State Head Start Collaboration Office, to carry out activities that improve literacy for children and students from birth through grade 12. (2) Grant period A planning grant under this section shall be awarded for a period of not more than 1 year. (3) Nonrenewability The Secretary shall not award a State educational agency more than 1 planning grant under this section. (4) Relation to implementation grants A State educational agency may not receive a planning grant under this section at the same time it is receiving an implementation grant under section 6. (b) Application Each State educational agency desiring a planning grant under this section shall submit, jointly with the State agencies that oversee child care and other early childhood programs and the State Advisory Council on Early Childhood Education and Care, an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Existing State literacy plan An existing Federally funded comprehensive State literacy plan may be improved using a grant under this section. 6. State implementation grants (a) Implementation grants authorized (1) In general The Secretary shall award implementation grants to State educational agencies— (A) to implement, in collaboration with the State agencies that oversee child care and other early childhood programs, the State Advisory Council on Early Childhood Education and Care, and the State Head Start Collaboration Office— (i) the comprehensive State literacy plan developed under section 5, if the State educational agency received a grant under such section; or (ii) another comprehensive State literacy plan for serving children from birth through grade 12; (B) to provide funds made available under paragraph (2)(A) to the State agency that oversees child care programs to award subgrants under section 7; (C) to award subgrants under section 8; and (D) to carry out additional State activities under section 9. (2) Use of funds State educational agency shall use implementation grant funds received under this section as follows: (A) Learners from birth through kindergarten entry Not less than 15 percent of such grant funds shall be used in accordance with section 7. (B) Students in kindergarten through grade 5 Not less than 40 percent of such grant funds shall be used in accordance with section 8, to be allocated equitably among grades kindergarten through grade 5, unless the State educational agency determines than an exception is necessary based on a capacity survey described in section 8(c)(1). (C) Students in grades 6 through 12 Not less than 40 percent of such grant funds shall be used in accordance with section 8, to be allocated equitably among grades 6 through 12, unless the State educational agency determines that an exception is necessary based on a capacity survey described in section 8(c)(1). (D) State activities Not more than 5 percent of such grant funds shall be used for the State activities described in section 9. (3) Duration of grants An implementation grant under this section shall be awarded for a period of not less than 3 years and not more than 5 years. (4) Renewals (A) In general Implementation grants under this section may be renewed. (B) Conditions In order to be eligible to have an implementation grant renewed under this paragraph, the State educational agency, in collaboration with the State agencies that oversee child care and other early childhood programs and the State Advisory Council on Early Childhood Education and Care, shall demonstrate, to the satisfaction of the Secretary, that— (i) the State educational agency has complied with the terms of the grant, including using the funds to— (I) increase access to high-quality professional development; (II) use developmentally appropriate curricula and teaching materials; and (III) use developmentally appropriate classroom-based instructional assessments and developmentally appropriate screening and diagnostic assessments; and (ii) with respect to students in kindergarten through grade 12, during the period of the grant there has been significant progress in student achievement, as measured by appropriate assessments, including meeting the measurable annual objectives established pursuant to section 1111(b)(2)(C)(v) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v) ). (b) State Applications (1) In general A State educational agency that desires to receive an implementation grant under this section shall, in collaboration with the State agencies that oversee child care and other early childhood programs and the State Advisory Council on Early Childhood Education and Care, submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Contents An application described in paragraph (1) shall include the following: (A) State literacy team and plan A description of how the State educational agency has formed a State literacy leadership team and developed a comprehensive State literacy plan, as described in section 5. (B) Conflicts of interest An assurance that the State has a process to safeguard against conflicts of interest consistent with section 11(c) for individuals providing technical assistance on behalf of the State educational agency or the State agencies that oversee child care and other early childhood programs or serving on the State literacy leadership team. (C) Implementation An implementation plan that includes a description of how the State educational agency and the State agency that oversees child care programs will— (i) assist eligible entities with— (I) selecting and using screening assessments and diagnostic assessments; (II) providing classroom-based instruction that is supported by one-to-one and small group instruction; (III) using curricular materials and instructional tools, which may include technology, to improve instruction and literacy achievement; (IV) using the principles of universal design for learning in all phases of instructional practice, including professional development, curriculum development and selection of instructional materials, and classroom instruction; (V) providing high-quality professional development as part of such eligible entities’ literacy initiatives to improve the literacy development and learning of children and students served under the implementation grant; and (VI) providing diverse learners, including English language learners, with culturally, linguistically, and developmentally appropriate curricula, instructional materials, interactive technologies, and valid and reliable assessments that support such learners in meeting State academic and content standards; (ii) ensure that eligible entities in the State have leveraged and are effectively leveraging the resources to implement high-quality literacy instruction, and have the capacity to implement high-quality literacy initiatives effectively; (iii) ensure that professional development activities are based on— (I) the essential components of early literacy instruction and the essential components of reading and writing instruction, as appropriate; and (II) evidence-based English language acquisition and adult learning research, as appropriate; (iv) coordinate and align, as appropriate, the activities assisted under this section and sections 7 and 8 with other State and local programs that— (I) serve children and students, and their families; and (II) promote literacy instruction and learning; (v) ensure that funds provided under this section are awarded in a manner that will provide services to all age and grade levels consistent with section 6(a)(2); (vi) award subgrants to eligible entities to enable the eligible entities to carry out the activities described in sections 7 and 8, including to— (I) eligible entities that serve rural areas; and (II) eligible entities that serve urban areas; and (vii) assist the eligible entities in the State in— (I) providing strategic and intensive literacy instruction for students reading and writing below grade level, including through the use of multitiered systems of supports; (II) providing high-quality professional development in literacy instruction to teachers, including— (aa) special education teachers or teachers of students who are English language learners; and (bb) teachers of core academic subjects; (III) addressing the literacy needs of children and students with disabilities and English language learners served by the eligible entity; and (IV) providing training to parents so that the parents can participate in the literacy related activities described under sections 7 and 8 to assist in the language and literacy development of their children. (D) Key data metrics A description of the key data metrics that will be collected and reported annually under section 11(b)(1)(E). (E) National evaluation An assurance that the State educational agency, the State agency that awards subgrants under section 7, and any eligible entity receiving a subgrant under section 7 or 8, will, if requested, participate in the national evaluation under section 10. (F) Priority An assurance that the State educational agency and the State agency that oversees child care programs, as appropriate, shall prioritize awarding subgrants— (i) under section 7, based on the percentage of low-income children proposed to be served by the applicant; and (ii) under section 8, based on the number or percentage of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ) proposed to be served by the applicant. 7. Subgrants to eligible entities in support of literacy for children from birth through kindergarten entry (a) Subgrants A State educational agency shall provide the funds provided under section 4(a)(2)(A) to the State agency that oversees child care programs, who shall award subgrants, on a competitive basis, in consultation with the State Advisory Council on Early Childhood Education and Care and other State early childhood agencies, to eligible entities to enable the eligible entities to carry out the activities described in subsection (e). (b) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out the activities described in subsection (e). (c) Local Applications An eligible entity that desires to receive a subgrant under this section shall submit an application to the State agency that oversees child care programs, at such time, in such manner, and including such information as such agency may require. Such application shall include a description of— (1) a needs assessment, including an analysis of data on child literacy as applicable; (2) an implementation plan that utilizes the needs assessment described in paragraph 1 that identifies a baseline level of literacy and early literacy skills, as well as benchmarks for making improvements and monitoring progress; (3) the programs assisted under the subgrant, including demographic and socioeconomic information on the children from birth through kindergarten entry enrolled in the programs; (4) a budget for the eligible entity that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsection (e); (5) how the subgrant funds will be used to enhance the language and literacy aspects of school readiness of children from birth through kindergarten entry in early childhood education programs; (6) how the subgrant funds will be used to prepare and provide ongoing assistance to staff in the programs, through professional development focused on the essential components of early literacy instruction, including onsite intensive mentoring by early childhood literacy coaches to provide high-quality literacy activities based on scientifically valid research on child development and learning for children from birth through kindergarten entry; (7) how the subgrant funds will be used to provide services, incorporate activities, and select and use literacy instructional materials that are based on scientifically valid research on child development and early learning; (8) how the subgrant funds will be used to provide— (A) screening assessments or other appropriate measures— (i) to effectively identify children from birth through kindergarten entry who may be at risk for delayed development or later academic difficulties; and (ii) to determine whether such children are developing the fundamental knowledge necessary for literacy, engagement, development, and achievement in kindergarten and beyond; and (B) diagnostic assessments, as appropriate, to determine the need for additional services; (C) classroom-based instructional assessments; and (D) other appropriate assessments of developmental progress; (9) how the subgrant funds will be used to help instructional staff in the programs assisted under the subgrant to more effectively meet the diverse developmental and linguistic needs of children from birth through kindergarten entry in the community, including the needs of English language learners and children with disabilities; (10) how the subgrant funds will be used to ensure that parents receive instruction— (A) on their children’s early literacy development; and (B) on how parents can support children’s literacy development at home; (11) how the subgrant funds will be used to help children, particularly children experiencing difficulty with spoken and written language, to make the transition from early education to formal classroom instruction; (12) how the activities assisted under the subgrant will be coordinated with literacy instruction at the kindergarten through grade 3 levels; (13) how the eligible entity will— (A) evaluate the success of the activities supported under the subgrant in enhancing the early language and literacy development of children served under such subgrant; and (B) evaluate data for program improvement; and (14) such other information as the State agency that oversees child care programs may require. (d) Approval of local Applications The State agency that oversees child care programs shall— (1) award subgrants to eligible entities in accordance with this section based on the quality of applications submitted; and (2) prioritize awarding subgrants based on the criteria described in section 6(b)(2)(F). (e) Local uses of funds (1) Required uses An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities to support the development of early language and literacy in children from birth through kindergarten entry: (A) Enhance and improve early learning programs to ensure that children in such programs are provided with high-quality, developmentally appropriate oral language, literature- and print-rich environments. (B) Provide high-quality professional development on how children develop language and literacy skills (including children with disabilities and English language learners), and the selection and integration of developmentally, linguistically, and culturally appropriate literacy instructional strategies, activities, and materials, which may include the use of an early literacy coach for the staff of the eligible entity, in such entity’s curriculum and activities. (C) Acquire, provide training for, and implement, as appropriate— (i) screening assessments or other appropriate measures to determine whether children from birth through kindergarten entry are developing appropriate early language and literacy skills; (ii) diagnostic assessments, as appropriate, to determine the need for additional services; and (iii) classroom-based instructional assessments. (D) Acquire, as appropriate, and integrate evidence-based instructional materials, activities, tools, and measures into the early learning programs offered by the eligible entity to improve development of children’s early language and literacy skills. (2) Allowable uses An eligible entity that receives a subgrant under this section may use the subgrant funds to carry out either or both of the following activities to support the development of early language and literacy in children from birth through kindergarten entry: (A) Selecting, developing, and implementing a multitier system of supports. (B) Providing activities that encourage family literacy experiences and practices and educate parents of children enrolled in a program receiving funds under this section on the development of their children’s early literacy skills. (f) Prohibition The use of assessment items and data on any assessment authorized under this section to provide rewards or sanctions for individual children, early learning providers, program directors, or principals is prohibited. 8. Subgrants to eligible entities in support of literacy for students in kindergarten through grade 12 (a) Subgrants A State educational agency shall use the implementation grant funds provided under section 4(a)(2)(B) to award subgrants, on a competitive basis, to eligible entities to enable the eligible entities to carry out the activities described in subsection (e). (b) Sufficient size and scope Each subgrant awarded under this section shall be of sufficient size and scope to allow the eligible entity to carry out the activities described in subsection (e). (c) Local Applications An eligible entity desiring to receive a subgrant under this section shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require. Such application shall include, the following information: (1) Capacity survey Results of the eligible entity’s capacity survey that— (A) identify— (i) the strengths and weaknesses of such entity related to literacy; (ii) how subgrant funds will be used to inform and improve literacy instruction within such entity; and (iii) the demographic and socioeconomic information on the students enrolled in such entity; and (B) include an analysis, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)) and by grade level, of— (i) State scores on the reading or language arts assessments conducted under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)); (ii) National Assessment of Educational Progress reading scores, as appropriate; (iii) the percentage of students in need of reading and writing remediation; (iv) core course passing and failure rates for secondary school students; (v) credit accumulation for secondary school students; and (vi) graduation rates. (2) Professional development How each participating school, eligible entity, or a provider of high-quality professional development will provide ongoing high-quality professional development in language development, English language acquisition (as appropriate), and literacy instruction to all teachers, principals, and other school leaders served by the school. (3) Interventions How each participating school will identify students in need of interventions and provide appropriate scientifically valid instructional interventions or other services which may include one-on-one instruction and extended learning time for struggling students. (4) Budget A budget for each participating school that projects the cost of developing and implementing literacy initiatives to carry out the activities described in subsection (e). (5) Integration An explanation of how each participating school will integrate literacy instruction into core academic subjects. (6) Coordination A description of how each participating school will coordinate literacy instruction with early education, after-school programs, and other programs serving students in the school, such as library programs, as appropriate. (7) Assessments A description of the screening, diagnostic, formative, and summative assessments that will be used in an assessment system to improve literacy instruction and track student literacy progress. (8) Families and caregivers A description of how the families and caregivers will be involved in supporting their children’s literacy instruction and assessment. (9) Initiatives A description of the literacy and other academic initiatives, if any, in place and how these initiatives will be coordinated and integrated with activities supported under this section. (10) Participation in evaluation An assurance that the eligible entity will, if requested, participate in the national evaluation described in section 10. (d) Approval of local Applications The State educational agency shall— (1) award subgrants to eligible entities in accordance with this section based on the quality of applications submitted; and (2) prioritize awarding subgrants to eligible entities based on the criteria described in section 6(b)(2)(F). (e) Local uses of funds for kindergarten through grade 12 (1) Required uses An eligible entity that receives a subgrant under this section shall use the subgrant funds to carry out the following activities for students in kindergarten through grade 12: (A) Develop and implement a literacy initiative that— (i) includes all of the essential components of reading and writing instruction; (ii) supports activities that are provided primarily during the regular school day but which may be augmented by instruction during nonschool hours or periods when school is not in session (such as before and after school or during summer recess); (iii) integrates literacy instruction into core academic subjects and, to the extent practicable, other subjects taught in a school, such as career and technical education; and (iv) addresses the literacy needs of English language learners and students with disabilities. (B) Form school literacy leadership teams to help implement, assess, and identify changes to the literacy initiative. (C) Provide high-quality, developmentally appropriate oral language, including listening and speaking, literature, and print-rich classroom environments. (D) Provide high-quality professional development for instructional staff, including literacy coaches and teachers of students with disabilities and English language learners. (E) Select and administer screening and diagnostic assessments and support teachers’ use of formative assessments and assessment data to plan instruction. (F) Select and implement a multitier system of supports that includes intensive, supplemental interventions for students. (G) Provide training to principals and other school and district personnel in implementing the literacy initiative, particularly in the areas of— (i) utilizing data; (ii) assessing the quality of literacy instruction across content areas; and (iii) providing time and support for teachers to plan literacy instruction. (H) Provide family literacy services for students and their parents, including training to enable families and caregivers to support the literacy initiative. (I) Promote writing experiences and implement programs that instruct and engage students in practicing writing for multiple audiences and purposes appropriate to the interests and capacities of students. (J) Annually collect, analyze, and report data to the State educational agency. (2) Allowable uses An eligible entity that receives a subgrant under this section may use the subgrant funds to carry out the following activities for students in kindergarten through grade 12: (A) Acquire and utilize developmentally appropriate instructional materials based on scientifically valid research, including materials that utilize technology. (B) Hire and train literacy coaches. (C) Promote reading, library, and writing programs that provide access to engaging reading material in school and at home. (D) Connect out-of-school learning opportunities to in-school learning, including the alignment of after-school activities with in-school curricula, in order to improve the literacy achievement of students. (E) Form an acting partnership with 1 or more public or private nonprofit organizations that have a demonstrated record of effectiveness in improving literacy development or providing professional development aligned with the activities described in this subsection. (F) Providing time for teachers and school librarians to meet to plan literacy instruction, as appropriate. (f) Limitation to certain schools An eligible entity receiving a subgrant under this section shall, in distributing subgrant funds under this subsection, provide the subgrant funds only to schools, including public charter schools, that— (1) are among the schools served by the eligible entity with the highest numbers or percentages of students in grades kindergarten through 12 reading and writing below grade level, based on the most current State data as available; and (2) have the highest numbers or percentages of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ). 9. Additional State activities (a) Required activities A State educational agency, in consultation with the State agency that oversees child care programs, shall use funds made available under section 4(a)(2)(C) and described in section 6(a)(1)(D) to carry out each of the following activities: (1) Providing technical assistance or engaging qualified providers to provide such assistance, to assist eligible entities to design and implement literacy initiatives. (2) Identifying and supporting high-quality professional development in literacy instruction for eligible entities. (3) Coordinating activities under this Act with reading, writing, and other literacy resources and programs across the State. (4) Disseminating information, including making publicly available on the Web sites of the State educational agency and the State agency that oversees child care programs, on promising practices to improve children’s early literacy and language development and student literacy achievement. (5) Reviewing and developing recommendations in collaboration with teachers, early childhood providers, statewide educational and professional organizations representing teachers, and statewide and educational and professional organizations representing institutions of higher education, to strengthen State licensure and certification standards for literacy instruction in early education through grade 12. (6) Coordinating with institutions of higher education in the State to strengthen and enhance pre-service course work for students preparing to teach literacy to children and students from birth through grade 12. (7) Administration and reporting. (b) Permissive activities A State educational agency, in collaboration with the State agency that oversees child care programs, may use funds made available under section 4(a)(2)(C) and described in section 6(a)(1)(D) to carry out one or more of the following activities: (1) Training personnel of eligible entities to use data systems to track student literacy achievement. (2) Developing and providing training to literacy coaches, including literacy coaches with expertise in early literacy development, language development, and adolescent literacy. 10. National evaluation, information dissemination, and technical assistance (a) National evaluation (1) In general From funds reserved under paragraph (1)(A)(i) or (2)(A)(i) of section 4(b), the Secretary shall perform a 5-year national evaluation of the grant and subgrant programs assisted under this Act by entering into one or more contracts or cooperative agreements with independent organizations. Such evaluation shall include scientifically valid research that applies rigorous and systematic procedures to obtain information relevant to the implementation and effect of the programs assisted under this Act. (2) Contents of evaluation The evaluation described in this subsection shall include an analysis of each of the following: (A) Impact The impact of literacy initiatives supported under this Act on improving early literacy skills and student academic outcomes, including student literacy development in reading and writing, student literacy development in other academic content areas, grade promotion, and graduation. (B) Implementation of core features The fidelity of implementation of core program features, such as coherence of program across grades, quality of technical assistance, State and school district leadership, professional development for teachers and administrators, use of quality materials and pedagogy, and use of assessment. (C) Other inquiries Other inquiries as designated by the Secretary, such as— (i) the types of literacy initiatives that have demonstrated the greatest impact on student achievement; (ii) how State standards, local educational agency and school curricula, assessments, and interventions combine to improve literacy; (iii) how screening, diagnostic, and formative assessments of reading and writing assist teachers in identifying students’ reading and writing needs; (iv) how job-embedded, ongoing, high-quality professional development improves teacher practice and increases literacy skills of children and students; (v) the types of literacy activities that improve the early reading, writing, and language skills of children from birth through kindergarten entry; (vi) how early learning providers are being prepared with scientifically valid research on early childhood literacy and literacy development; (vii) how early literacy instructional materials and activities based on scientifically valid research are being integrated into preschools, child care programs and programs carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ), and family literacy programs; (viii) the impact of adolescent literacy initiatives on student motivation, engagement, and participation in adolescent literacy activities; (ix) the impact of literacy initiatives on diverse learners, including English language learners; (x) the relationship between students’ literacy achievement and secondary school graduation rates; and (xi) effective strategies to integrate school and public library programs to improve literacy. (3) Reports (A) Interim report Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to the Congress an interim report on the national evaluation conducted under this subsection. (B) Final report Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit a final report containing the results of the national evaluation conducted under this subsection to— (i) State educational agencies and eligible entities on a periodic basis for use in program improvement; and (ii) the Congress. (b) Information dissemination and technical assistance (1) In general From amounts reserved under paragraph (1)(A)(i) or (2)(A)(i) of section 4(b), the Secretary shall, in collaboration with the Secretary of Health and Human Services, the Director of the National Institute of Child Health and Human Development, regional educational laboratories established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), and the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ), distribute information and provide technical assistance on literacy instruction, including— (A) information on literacy instruction and the impact of the instruction on— (i) student achievement, motivation, and engagement for literacy; and (ii) student graduation with a secondary school diploma; (B) information on elements of job-embedded, ongoing, high-quality professional development that improves literacy achievement in children and students in early education through grade 12; and (C) information on schools, eligible entities, and States that have successfully improved literacy achievement in early education through grade 12. (2) Dissemination and coordination The Secretary shall disseminate and make publicly available the information described in paragraph (1) to— (A) recipients of Federal financial assistance under this Act, part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ), the Head Start Act ( 42 U.S.C. 9831 et seq. ), the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), and the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ); and (B) each school operated or funded by the Bureau of Indian Education. (3) Use of networks In carrying out this subsection, the Secretary shall, to the extent practicable, use information and dissemination networks developed and maintained through other public and private entities. 11. Consequences of insufficient progress, reporting requirements, and conflicts of interest (a) Consequences of insufficient progress (1) Consequences for grant recipients If the Secretary determines that a State educational agency receiving an award under section 4(b) or an eligible entity receiving a subgrant under section 7 or 8 is not making significant progress in meeting the purposes of this Act after the submission of a report described in subsection (b), then the Secretary may withhold, in whole or in part, further payments under this Act in accordance with section 455 of the General Education Provisions Act ( 20 U.S.C. 1234d ) or take such other action authorized by law as the Secretary determines necessary, including providing technical assistance upon request of the State educational agency, or eligible entity, respectively. (2) Consequences for subgrant recipients A State educational agency or State agency that oversees child care programs, as appropriate, receiving an award under section 4(b) may refuse to award subgrant funds to an eligible entity under section 7 or 8 if such State agency finds that the eligible entity is not making significant progress in meeting the purposes of this Act, after— (A) providing technical assistance to the eligible entity; and (B) affording the eligible entity notice and an opportunity for a hearing. (b) Reporting requirements (1) State educational agency reports Each State educational agency receiving an award under section 6 shall report annually to the Secretary regarding the State educational agency’s progress and the progress of the State agency that oversees child care programs in addressing the purposes of this Act. Such report shall include, at a minimum, a description of— (A) the professional development activities provided under the award, including types of activities and entities involved in providing professional development to early childhood providers, classroom teachers, and other instructional staff; (B) instruction, strategies, activities, curricula, materials, and assessments used in the programs funded under the award; (C) the types of programs and program settings for children younger than kindergarten entry funded under the award and the ages, grade levels, and demographic information of children served by the programs funded under the award, except that individually identifiable information shall not be included; (D) the experience and qualifications of the instructional staff who provide literacy instruction under the programs funded under the award, including the experience and qualifications of those staff working with children with disabilities, English language learners, and children younger than kindergarten entry; (E) key data metrics used for literacy initiatives; (F) student performance on relevant program metrics, as identified in the State education agency’s implementation plan under section 6(b)(2)(C), such as— (i) the number of students reading and writing on grade level by the end of the third grade, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and (ii) the instruction and activities delivered to at-risk students served under the award; and (G) the outcomes of programs and activities provided under the award. (2) Eligible entity reports Each eligible entity receiving a subgrant under section 7 or 8 shall report annually to the State educational agency or the State agency that oversees child care programs, as appropriate, regarding the eligible entity’s progress in addressing the purposes of this Act. Such report shall include, at a minimum, a description of— (A) how the subgrant funds were used; (B) the degree of appropriate developmental progress or literacy achievement growth of students, including children who are English language learners and children with disabilities, assisted under the subgrant; (C) the professional development of activities provided under the award, including types of activities and entities involved in providing professional development to early childhood providers, classroom teachers, and other instructional staff; (D) instruction, strategies, activities, curricula, materials, and assessments used in the programs funded under the award; (E) the types of programs funded under the award and the ages, grade levels, and demographic information of children served by the programs funded under the award, except that individually identifiable information shall not be included; (F) the experience and qualifications of the instructional staff who provide literacy instruction under the programs funded under the award, including the experience and qualifications of those staff working with children with disabilities and with English language learners; (G) key data metrics used for literacy initiatives; (H) student performance on relevant program metrics, as identified in the State education agency’s implementation plan under section 6(b)(2)(C), such as— (i) the number of students reading and writing on grade level by the end of the third grade, disaggregated by the subgroups described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); and (ii) the instruction and activities delivered to at-risk students served under the award; (I) the outcomes of programs and activities provided under the award; and (J) the results of an external evaluation, if the Secretary determines applicable. (c) Conflicts of interest (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Education shall create and implement procedures— (A) to assess whether a covered individual or entity has a potential conflict of interest; and (B) to require the disclosure and mitigation of any such conflict of interest to ensure the integrity of the related program. (2) Evaluation by the comptroller general (A) In general Not later than 60 days after the creation of the procedures described in paragraph (1), the Comptroller General of the United States shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the adequacy of such procedures to identify, disclose, and manage conflicts of interest. (B) Updates Beginning not less than 6 months after the report described in subparagraph (A) is filed, the Comptroller General shall evaluate the Department’s implementation of the procedures described in paragraph (1) and report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate every 6 months to ensure that the Department has adequately implemented such procedures. The Comptroller General shall include in the reports any recommendations for modifications to such procedures that the Comptroller General determines are appropriate to properly identify, disclose, and manage conflicts of interest. (3) Definitions For the purposes of this subsection: (A) The term covered individual or entity means— (i) an officer or professional employee of the Department of Education; (ii) a contractor or subcontractor of the Department, or an individual hired by the contracted entity; (iii) a member of a peer review panel described in section 4(c); or (iv) a consultant or advisor to the Department. (B) The term conflict of interest means a financial interest or other self-interest that a reasonable person would expect to lead to an undue bias, or the appearance of such bias, towards a particular product or service purchased with, guaranteed or insured by, or under consideration for purchase with, or to be guaranteed or insured by, funds administered by the Department of Education or a contracted entity of the Department. 12. Rules of construction (a) Student eligibility Nothing in this Act shall be construed to prohibit students eligible for assistance under title I or III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. , 6801 et seq.) or students eligible for assistance under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) from receiving literacy instruction and intervention under this Act. (b) Idea evaluation The assessments required under this Act shall not be construed to constitute an evaluation required under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). 13. Definitions (a) In general Except as otherwise provided in this Act, the terms used in this Act have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Other terms In this Act: (1) Child with a disability The term child with a disability has the same meaning given the term in section 602(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(3) ). (2) Classroom-based instructional assessment The term classroom-based instructional assessment means an assessment for children in third grade or younger that— (A) is valid and reliable for the age and population of children served in the program, and is used to evaluate children’s developmental progress and learning, including systematic observations by teachers of children performing tasks, including academic and literary tasks, that are part of their daily classroom experience; and (B) is used to improve classroom instruction. (3) Diagnostic assessment The term diagnostic assessment means an assessment that— (A) is developmentally, linguistically, and culturally appropriate; (B) is valid, reliable, and based on scientifically valid research on language, literacy, and English language acquisition; (C) is used for the purposes of— (i) identifying a student’s specific areas of strengths and weaknesses in oral language and literacy; (ii) determining any difficulties that the student may have in language and literacy and the potential cause of such difficulties; and (iii) helping to determine possible literacy intervention strategies and related special needs of the student; and (D) in the case of young children, is conducted after a screening assessment that identifies potential risks for delayed development or later academic difficulties. (4) Eligible entity The term eligible entity means— (A) when used with respect to children from birth through kindergarten entry— (i) one or more local educational agencies providing early learning programs, or one or more public or private early learning programs, serving children from birth through kindergarten entry, such as a Head Start agency, an Early Head Start program, a child care program, a State-funded pre-kindergarten program, a public library program, or a family literacy program that has a demonstrated record of providing effective literacy instruction for the age group such agency or program is proposing to serve under section 7; or (ii) one or more local educational agencies providing early learning programs, or one or more public or private early learning programs, serving children from birth through kindergarten entry, such as a Head Start agency, an Early Head Start program, a child care program, a State-funded pre-kindergarten program, a public library program, or a family literacy program in partnership with one or more public or private nonprofit organizations or agencies that have a demonstrated record of effectiveness— (I) in improving the early literacy development of children from birth through kindergarten entry; and (II) in providing professional development aligned with the activities described in section 7(e)(1); and (B) when used with respect to students in kindergarten through grade 12, a local educational agency or consortium of local educational agencies that— (i) is among the local educational agencies in the State with the highest numbers or percentages of students reading and writing below grade level, based on the most current State data, where available; and (ii) has the highest numbers or percentages of children who are counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)), in comparison to other local educational agencies in the State. (5) English language acquisition (A) In general The term English language acquisition means the process by which a non-native English speaker acquires proficiency in speaking, listening, reading, and writing the English language. (B) Inclusion for english language learners in school For an English language learner in school, such term includes not only the social language proficiency needed to participate in the school environment, but also the academic language proficiency needed to acquire literacy and academic content and demonstrate the student’s learning. (6) English language learner The term English language learner means an individual who is limited English proficient, as defined in section 9101(25) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(25) ). (7) Essential components of early literacy instruction The term essential components of early literacy instruction means providing, for children prior to the age of kindergarten entry, interactive experiences in a print- and literacy-rich environment that promote the development of— (A) oral language, including vocabulary, grammar, and syntax; (B) motivational aspects of early literacy, including enjoyment of reading and books; (C) book-reading behaviors, including book handling and orientation; (D) recognition and understanding of pictures and story concepts; (E) concepts about print; (F) alphabet knowledge; (G) phonological awareness, including the awareness of rhymes, sounds, and syllables; (H) emergent writing skills, including use of writing materials; and (I) integration of print concepts into play. (8) Essential components of reading and writing instruction The term essential components of reading and writing instruction means, for students in kindergarten through grade 12, developmentally appropriate, explicit, and systematic instruction that provides students the following: (A) With respect to students in kindergarten through grade 12— (i) high-quality professional development for teachers, instructional staff, and principals; (ii) diverse texts at the appropriate reading and interest level of students; (iii) differentiated instructional approaches; (iv) instruction and supports to increase students’ motivation to read, including self-directed learning; (v) as appropriate, systematic and intensive one-to-one and small group instruction, including extended time for intense intervention for students reading significantly below grade level, which can be provided both inside and outside the classroom as well as during and outside regular school hours; (vi) opportunities to write individually and collaboratively; (vii) instruction in uses of print materials, multimedia, and technological resources for research and for generating and presenting content and ideas; and (viii) use of screening, diagnostic, formative, and summative assessments. (B) With respect to students in grades kindergarten through grade 3— (i) strategic and explicit instruction using phonological awareness, phonic decoding, vocabulary, language structure, reading fluency and reading comprehension; (ii) use of oral modeling techniques to build language skills; and (iii) coordinated involvement of families, caregivers, school leaders, and instructional staff. (C) With respect to students in grades 4 through 12— (i) direct and explicit comprehension instruction; (ii) direct and explicit instruction that builds academic vocabulary; (iii) multiple opportunities to write with clear purposes and critical reasoning appropriate to the topic and purpose and with specific instruction and feedback from teachers; (iv) text-based collaborative learning; and (v) coordinated involvement of school leaders and instructional staff that are interdisciplinary and interdepartmental and that analyze student work over time and plan literacy instruction. (9) Family literacy services The term family literacy services means services provided to participants on a voluntary basis that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (A) Interactive literacy activities between parents and their children. (B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (C) Parent literacy training that leads to economic self-sufficiency. (D) An age-appropriate education to prepare children for success in school and life experiences. (10) Formative assessment The term formative assessment means assessment questions, tools, and processes that are— (A) developmentally, linguistically, and culturally appropriate; (B) embedded in instruction; and (C) used by teachers and students to provide timely feedback for purposes of adjusting instruction to improve learning. (11) High-quality professional development The term high-quality professional development means professional development that— (A) is job-embedded, ongoing, and based on scientifically valid research; (B) is sustained, intensive, and classroom focused, if such workshop or conference is part of a professional development plan for the attendee; (C) is designed to increase the knowledge and expertise of instructional staff in implementing the essential components of early literacy instruction and the essential components of reading and writing instruction, as appropriate; (D) includes and supports teachers and early learning providers in administering age- and developmentally appropriate assessments; and analyzing the results of these student assessments when implementing the essential components of early literacy instruction and the essential components of reading and writing instruction for the purposes of planning, monitoring, adapting, and improving classroom instruction or teaching strategies to improve student learning, as appropriate; (E) for kindergarten through 12th grade, supports the integration of literacy instruction in core academic subjects and, to the extent practicable, other subjects taught at school, such as career and technical education; (F) includes information on one-to-one, small group, and classroom-based instructional materials and approaches based on scientifically valid research on literacy; (G) provides ongoing instructional literacy coaching— (i) to ensure high-quality implementation of effective practices of literacy instruction that is content centered, integrated across the curricula, collaborative, and school, setting, and classroom embedded; and (ii) that uses student data to improve instruction; (H) includes and supports teachers in setting high reading and writing achievement goals for all students and provides the teachers with the instructional tools and skills, including strategies consistent with the principles of universal design for learning, to help students reach such goals; and (I) is differentiated for educators working with children from birth through kindergarten entry, students in kindergarten through grade 5, and students in grades 6 through 12, and, as appropriate, by student grade or student need. (12) Instructional staff (A) In general The term instructional staff means individuals who have responsibility for teaching students to read and write, or in the case of children from birth to kindergarten entry, teaching early literacy skills and language development. (B) Inclusions Such term includes principals, teachers, early learning providers, supervisors of instruction, pupil services personnel, librarians, library school media specialists, teachers of academic subjects other than reading or writing, other school leaders, literacy coaches, and other individuals who have responsibility for assisting children to learn to read and write. (13) Literacy coach The term literacy coach means a professional— (A) who— (i) has previous teaching experience and— (I) for the purpose of literacy coaches working with early learning programs, has expertise in early childhood development and early literacy; and (II) for the purpose of literacy coaches working with kindergarten through grade 12— (aa) a master’s degree with a concentration in reading and writing education; or (bb) has demonstrated proficiency in teaching reading or writing in a core academic subject; and (ii) is able to demonstrate the ability to help early learning providers or teachers— (I) use evidence-based research on how children and students become successful readers, writers, and communicators; (II) use multiple forms of assessment to guide instructional decisionmaking; (III) for the purpose of literacy coaches working with— (aa) early learning programs, support and coordinate the language and literacy curricula and activities with the overall early childhood education program; and (bb) teachers in kindergarten through grade 12, improve student writing and reading in and across content areas such as mathematics, science, social studies, and language arts; (IV) develop and implement differentiated instruction and teaching approaches to serve the needs of diverse learners, including English language learners and children with disabilities; (V) use the principles of universal design for learning in instructional strategies and in selecting materials and tools to serve the diverse needs of all learners, including English language learners and children with disabilities; (VI) employ best practices in engaging instructional staff to change school cultures to better encourage and support literacy development and achievement; (VII) use data to improve instruction; and (VIII) for the purpose of literacy coaches working with— (aa) early learning programs, set developmentally appropriate early literacy goals and select and acquire instructional tools and skills to help children reach such goals; and (bb) kindergarten through grade 12, set high reading and writing achievement goals for all students and select and acquire instructional tools and skills to help students reach such goals; and (B) whose role with early learning providers, teachers and school personnel is— (i) to provide high-quality professional development opportunities in literacy and language development for early learning providers, teachers and school personnel, including in the case of early learning providers, helping staff in planning and implementation of ongoing professional development; (ii) to work cooperatively and collaboratively with principals, teachers, early learning providers and other professionals in planning programs to help, as appropriate— (I) early learning providers identify children’s early literacy needs so that such providers can meet the early literacy needs of children at risk for delayed development and later academic difficulties; and (II) teachers identify student literacy needs and teach literacy across the content areas so that the teachers can meet the needs of students reading and writing below grade level; and (iii) to work cooperatively and collaboratively with other professionals in planning programs to help early learning providers and teachers teach literacy across content areas so that the early learning providers and teachers can meet the needs of diverse learners, including children with disabilities, English language learners, and students who are reading at grade level. (14) Local educational agency The term local educational agency — (A) has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965; and (B) includes any public charter school that constitutes a local educational agency under State law. (15) Multitier system of supports The term multitier system of supports means a comprehensive system of differentiated supports that includes evidence-based instruction, universal screening, progress monitoring, formative assessment, and evidence-based interventions matched to student needs, and educational decisionmaking using student outcome data. (16) Reading The term reading means a complex system of deriving meaning from print that requires all of the following: (A) The skills and knowledge to understand how phonemes, or speech sounds, are connected to print. (B) The ability to decode unfamiliar words. (C) The ability to read fluently. (D) Sufficient background information and vocabulary to foster reading comprehension. (E) The development of appropriate active strategies to construct meaning from print. (F) The development and maintenance of a motivation to read. (17) School leader The term school leader means an individual who— (A) is an employee or officer of a school; and (B) is responsible for— (i) the school’s performance; and (ii) the daily instructional and managerial operations of the school. (18) Scientifically valid research The term scientifically valid research has the meaning given the term in section 200 of the Higher Education Act of 1965 ( 20 U.S.C. 1021 ). (19) Screening assessment The term screening assessment means an assessment that— (A) is developmentally, linguistically, and culturally appropriate; (B) is valid, reliable, and based on scientifically valid research on literacy and English language acquisition; and (C) is a procedure designed as a first step in identifying children who may be at high risk for delayed development or later academic difficulties and in need of further diagnosis of the children’s need for special services or additional literacy instruction. (20) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (21) State literacy leadership team (A) In general (i) Appointment; responsibility; composition The term State literacy leadership team means a team that— (I) is appointed and coordinated by the State educational agency, except that individuals described in subclauses (I)(aa), (I)(hh), and (II)(gg) of clause (ii) shall be appointed by the State agency that oversees child care programs; and (II) is composed of not less than 13 individuals and includes the individuals described in clause (ii). (ii) Individuals included A State literacy team— (I) shall include— (aa) an individual who has literacy expertise with respect to children from birth through kindergarten entry; (bb) an individual who has literacy expertise with respect to students in kindergarten through grade 5; (cc) an individual who has literacy expertise with respect to students in grades 6 through 12; (dd) a school principal; (ee) a special education teacher with literacy expertise; (ff) a representative from the family literacy community; (gg) a teacher or administrator with expertise in teaching English language learners; (hh) a representative from the State’s agency that oversees child care programs; (ii) a representative from the State educational agency who oversees literacy initiatives; and (jj) a representative from higher education who is actively involved in research, development, and teacher preparation in literacy instruction and intervention based on scientifically valid research; and (II) may include— (aa) a literacy specialist serving in a school district within the State; (bb) a literacy coach; (cc) a library media specialist; (dd) a school counselor; (ee) a teacher of a core academic subject; (ff) a special education administrator; (gg) an early learning provider; (hh) a college or university professor; (ii) a parent; (jj) a business leader; (kk) a representative from the Governor’s office; (ll) a representative from the State board of education; (mm) a representative from the State legislature; (nn) a nonprofit and community-based organization providing literacy instruction and support; and (oo) a representative from a school district superintendent's office. (B) Inclusion of a preexisting partnership If, before the date of the enactment of this Act, a State educational agency established a consortium, partnership, or any other similar body that was considered a literacy partnership for purposes of subpart 1 or 2 of part B of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6361 et seq. , 6371 et seq.) and that includes the individuals required under subparagraph (A)(ii)(I), such consortium, partnership, or body may be considered a State literacy leadership team for purposes of subparagraph (A). (22) Student with a disability The term student with a disability has the meaning given the term child with a disability in section 602(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)). (23) Summative assessment The term summative assessment means an assessment that— (A) is developmentally, linguistically, and culturally appropriate; (B) is valid, reliable, and based on scientifically valid research on literacy and English language acquisition; and (C) measures how young children have progressed over time relative to developmental norms and what students have learned over time. (24) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ). (25) Writing The term writing means— (A) the ability to compose meaning and print to communicate ideas, including the use of vocabulary, tone, and genre to fit purpose, audience and occasion; (B) the use of conventions such as spelling and punctuation; and (C) the ability to revise in order to improve clarity of ideas, coherence, logical development, and precision of language use. 14. Authorization of appropriations There are authorized to be appropriated to carry out this Act— (1) $2,350,000,000 for fiscal year 2014; (2) $2,350,000,000 for fiscal year 2015; (3) $2,350,000,000 for fiscal year 2016; (4) $2,350,000,000 for fiscal year 2017; and (5) $2,350,000,000 for fiscal year 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr2706ih/xml/BILLS-113hr2706ih.xml |
113-hr-2707 | I 113th CONGRESS 1st Session H. R. 2707 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Chabot (for himself, Mr. Simpson , and Mr. Graves of Missouri ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Environmental Protection Agency to carry out a pilot program to work with municipalities that are seeking to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act, and for other purposes.
1. Short title This Act may be cited as the Clean Water Compliance and Ratepayer Affordability Act of 2013 . 2. Integrated municipal stormwater and wastewater approach framework (a) In general In the first 5 fiscal years beginning after the date of enactment of this Act, the Administrator of the Environmental Protection Agency, in coordination with appropriate State, local, and regional authorities, shall carry out a pilot program under which the Administrator shall work cooperatively with and facilitate the efforts of municipalities to develop and implement integrated plans to meet their wastewater and stormwater obligations under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) in a more cost-effective and flexible manner. (b) Framework The Administrator shall carry out the pilot program in a manner that is consistent with the Integrated Municipal Stormwater and Wastewater Approach Framework issued by the Environmental Protection Agency, dated May 2012. (c) Selection of municipalities (1) In general The Administrator, in consultation with States that have approved National Pollutant Discharge Elimination System programs, shall select not less than 15 municipalities to participate in the pilot program. (2) Factors In selecting the municipalities, the Administrator shall— (A) specifically focus on— (i) municipalities that are operating under an administrative order, administrative consent agreement, or judicial consent decree to comply with the requirements of the Federal Water Pollution Control Act; (ii) other municipalities facing compliance issues under the Federal Water Pollution Control Act, in addition to the municipalities described in clause (i); and (iii) municipalities that are affected by affordability constraints in planning and implementing control measures to address wet weather discharges from their wastewater and stormwater facilities; and (B) give priority to municipalities with a history of knowledgeable, detailed, and comprehensive efforts to develop integrated and adaptive clean water management practices, without regard to the status of the municipality in the process of planning or implementing such practices. (d) Approval of integrated plans (1) In general In approving the integrated plan of a municipality under the pilot program, the Administrator shall— (A) account for the financial capability of the municipality to adequately address the requirements of the Federal Water Pollution Control Act that apply to the municipality; (B) prioritize the obligations of the municipality under the Federal Water Pollution Control Act according to the most cost-effective and environmentally beneficial outcomes; (C) account for the maintenance, operational, and regulatory obligations of the municipality; and (D) enable the municipality to implement innovative and flexible approaches to meet the obligations of the municipality under the Federal Water Pollution Control Act. (2) Use of adaptive management approaches (A) Priority In selecting municipalities to participate in the program, the Administrator may give priority to a municipality that is seeking to develop and implement an integrated plan that includes adaptive approaches to account for changed or future uncertain circumstances. (B) Types of adaptive approaches Adaptive approaches referred to in subparagraph (A) include, at a minimum— (i) the use of new innovative technical or institutional approaches; and (ii) the ability to adapt the integrated plan in response to new regulatory requirements and reductions in financial capability. (3) Additional authorities In carrying out the pilot program, the Administrator may, in full coordination and mutual agreement with a municipality selected to participate in the pilot program— (A) extend the allowable national pollutant discharge elimination system permit term under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) to a maximum of 25 years, and make corresponding changes to any associated implementation schedule; (B) modify the implementation terms of a consent decree entered into by the municipality with the Administrator pursuant to that Act; and (C) provide additional regulatory flexibility under the Federal Water Pollution Control Act in approving and implementing an integrated plan that includes adaptive approaches in order to encourage the innovation integral to such approaches. (e) Report to Congress Not later than 1 year after the date of enactment of this Act, and each year thereafter for 5 years, the Administrator shall transmit to Congress a report on the results of the pilot program, including a description of the specific outcomes expected to be achieved that will reduce the costs of complying with the requirements of the Federal Water Pollution Control Act for municipalities participating in the program and similarly situated municipalities. | https://www.govinfo.gov/content/pkg/BILLS-113hr2707ih/xml/BILLS-113hr2707ih.xml |
113-hr-2708 | I 113th CONGRESS 1st Session H. R. 2708 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Camp (for himself, Mr. Levin , Mr. Nunes , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the United States Job Creation and Manufacturing Competitiveness 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. Reference. Title I—New duty suspensions and reductions Sec. 1001. Homo-polymers of hydrogenated norbornene derivatives. Sec. 1002. 2,3-Dihydro-1,3-dioxo-2-[3-[[2-(sulfooxy)ethyl]sulfonyl]phenyl]-1H-xantheno[2,1,9-def]isoquinoline-5,9-disulfonic acid, sodium salt (1:3). Sec. 1003. Acid Yellow 151. Sec. 1004. Acid Yellow 137. Sec. 1005. Mixtures of Disperse Red 367. Sec. 1006. Acid Red 278. Sec. 1007. Acid Yellow 79. Sec. 1008. Disperse Yellow 184:1. Sec. 1009. Mixtures of 5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridine carbonitrile and 5-[(2-cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4- methyl-2-(phenylamino)-3-pyridine carbonitrile. Sec. 1010. Disperse Red 159. Sec. 1011. Reactive Red 122. Sec. 1012. Disperse Red 311. Sec. 1013. Reactive Blue 187. Sec. 1014. Disperse Yellow 71. Sec. 1015. Acid Blue 284. Sec. 1016. Basic Blue 94:1. Sec. 1017. Disperse Orange 288. Sec. 1018. Disperse Blue 56. Sec. 1019. Acid Blue 264. Sec. 1020. Mixtures of 1,5-Diamino-4,8-dihydroxy(4-hydroxyphenyl)-9,10-anthracenedione, and 1,5- Diamino-4,8-dihydroxy(4-methoxyphenyl)-9,10-anthracenedione. Sec. 1021. Acid Red 426. Sec. 1022. Mixtures of Reactive Black 5, Benzenesulfonic acid, and 1-Naphthalenesulfonic acid. Sec. 1023. Mixtures of Disperse Blue 77. Sec. 1024. Mixtures of Reactive Red 198 and Reactive Red 239. Sec. 1025. Mixtures of Reactive Blue 19. Sec. 1026. Quinaldine. Sec. 1027. Leucoquinizarin. Sec. 1028. 1-Nitroanthraquinone. Sec. 1029. Benzenesulfonyl chloride. Sec. 1030. Capacitor grade homopolymer polypropylene resin in primary form. Sec. 1031. Certain acrylic staple fibers with a fiber tenacity of 0.4 N/tex. Sec. 1032. Certain acrylic staple fibers with fiber tenacity of 0.48 N/tex. Sec. 1033. Aldicarb. Sec. 1034. Penthiopyrad technical. Sec. 1035. 2-Amino-4,6-dimethylpyrimidine. Sec. 1036. Carbofuran technical. Sec. 1037. Carbosulfan technical. Sec. 1038. Oxalic acid, dimethyl ester (DMO). Sec. 1039. Oxalic acid, diethyl ester (DEO). Sec. 1040. Carbamic acid, N-[4-chloro-2-fluoro-5-[[[[methyl(1-methylethyl)amino] sulfonyl]amino]carbonyl]phenyl]-, ethyl ester (PCM). Sec. 1041. Ethyl 3-amino-4,4,4-trifluorocrotonate. Sec. 1042. Mixtures containing Thiencarbazone-methyl, Isoxadifen-ethyl, and Tembotrione. Sec. 1043. Mixtures containing Trifloxystrobin, Clothianidin, Carboxin, and Metalaxyl. Sec. 1044. 5-Methylpyridine-2,3-dicarboxylic acid dimethyl ester. Sec. 1045. Reactive Orange 131. Sec. 1046. Octanoyl chloride. Sec. 1047. Mixtures of tetraacetylethylenediamine with extenders or additives. Sec. 1048. 1-Propanonesulfonic acid, 2-methyl-2-[(1-oxo-2-propenyl)amino]-, monoammonium salt, polymer with 1-ethenyl-2- pyrrolidinone. Sec. 1049. Ammonium polyacryloyldimethyl taurate. Sec. 1050. Fluthiacet-methyl. Sec. 1051. Pyroxasulfone. Sec. 1052. Certain portable electric grills. Sec. 1053. Portable combination fryer-roaster appliances. Sec. 1054. Certain decorative outdoor bamboo garden torches. Sec. 1055. Certain portable gas grills. Sec. 1056. Thiencarbazone-methyl. Sec. 1057. 1,3-Cyclohexanedione. Sec. 1058. Mixtures containing Trifloxystrobin and Prothioconazole. Sec. 1059. Certain mixtures containing Trifloxystrobin. Sec. 1060. Mixtures containing Spirotetramat. Sec. 1061. Mixtures containing Trifloxystrobin and Propiconazole. Sec. 1062. Diuron Technical. Sec. 1063. Topramezone and application adjuvants. Sec. 1064. Formulations containing a racemic mixture of Alpha-cypermethrin and application adjuvants. Sec. 1065. Product mixtures containing Spiromesifen. Sec. 1066. Product mixtures containing Clothianidin. Sec. 1067. Product mixtures containing Pyrasulfotole, Bromoxynil Octanoate, and Bromoxynil Heptanoate. Sec. 1068. Prosulfuron. Sec. 1069. Tetrahydrothiophene. Sec. 1070. Di-tert-butyl polysulfides. Sec. 1071. Dimethyl 3,3′-thiodipropionate. Sec. 1072. 2-Hydroxyethyl-n-octyl sulfide. Sec. 1073. Reactive Red 228. Sec. 1074. Acid Yellow 151. Sec. 1075. Reactive Blue 269. Sec. 1076. Reactive Blue 268. Sec. 1077. Normal Paraffin M. Sec. 1078. Polyvinyl formal resin. Sec. 1079. Tris-2-hydroxyethyl isocyanurate (THEIC). Sec. 1080. Polyvinyl butyral sheet for use in certain aircraft applications. Sec. 1081. Potassium decafluoro(pentafluorethyl) cyclohexanesulfonate. Sec. 1082. Allyl bromide. Sec. 1083. Certain single serve coffee makers. Sec. 1084. Certain electric skillets. Sec. 1085. Battery-powered hand-held jar openers. Sec. 1086. Battery-powered single-serving ice cream makers. Sec. 1087. Certain popsicle-type molds. Sec. 1088. Certain programmable slow cookers. Sec. 1089. Certain self-contained, single-element unidirectional (cardioid) dynamic microphones. Sec. 1090. Certain aluminum alloy foil. Sec. 1091. Certain aluminum alloy profiles. Sec. 1092. Used camshafts and crankshafts for diesel engines. Sec. 1093. Certain glass fiber rovings. Sec. 1094. Ammonium polyphosphate. Sec. 1095. Zinc diethylphosphinate. Sec. 1096. Photomask blanks. Sec. 1097. 5-tert-Butyl-2-[5-(5-tert-butyl-1,3-benzoxazol-2-yl)thiophen-2-yl]-1,3-benzoxazole. Sec. 1098. Uvinul 3039. Sec. 1099. Diphenyl (2,4,6-trimethylbenzoyl) phosphine oxide. Sec. 1100. Certain catalytic converter mounting and thermal insulation mats. Sec. 1101. Certain bulk container bags. Sec. 1102. 2-Methoxy-4-trifluoromethylpyridine. Sec. 1103. 2-Amino-5,7-dimethoxy-1,2,4-triazolo[1,5-a]pyrimidine. Sec. 1104. Propyzamide and application adjuvants. Sec. 1105. Tebuthiuron. Sec. 1106. 4-Ethoxy-1,1,1-trifluoro-3-buten-2-one. Sec. 1107. Dichlormid. Sec. 1108. (R)–(+)–2–(4-Hydroxyphenoxy)propionic acid. Sec. 1109. 2-Chlorobenzenesulfonyl isocyanate. Sec. 1110. Mixtures of Cymoxanil and application adjuvants. Sec. 1111. Certain magnetic snap-fasteners. Sec. 1112. Certain electrothermic appliances designed to brew coffee beverages. Sec. 1113. Certain sector molds. Sec. 1114. 1,3-Isobenzofurandione, 5,5′-sulfonyl bis-, polymer with 4,4′-methylenebis [2,6-dimethylbenzenamine]. Sec. 1115. Certain AC electric motors of an output exceeding 74.6 W equipped with a capacitor rated not over 4 microfarads. Sec. 1116. Certain AC electric motors having an output rated at 37.5 W or more but not over 72 W. Sec. 1117. AC electric motors having an output rated at 37.5 W or more but not over 72 W, single phase, each equipped with a capacitor, a motor mount of plastics, a self-contained gear mechanism for oscillation and a speed control mechanism designed to be operated by means of an infrared remote control. Sec. 1118. Certain AC electric motors of an output exceeding 74.6 W equipped with a capacitor rated over 4 microfarads. Sec. 1119. Ski poles and parts and accessories thereof. Sec. 1120. Certain acrylic fiber tow imported in the form of raw white (undyed) filament. Sec. 1121. Phosphor blend of Yttrium Oxide doped with Europium and Lanthanum Phosphate luminophores. Sec. 1122. Lanthanum phosphate phosphor, activated by cerium and terbium. Sec. 1123. Phosphor blends of yttrium oxide doped with europium, cerium aluminate doped with terbium, and barium aluminate doped with europium of a kind used as luminophores. Sec. 1124. Chromate(4-), [7-amino-3-[(3-chloro-2-hydroxy-5-nitrophenyl)azo]-4-hydroxy-2-naphthalenesulfonato(3-)][6-amino-4-hydroxy-3-[(2-hydroxy-5-nitro-3-sulfophenyl)azo]-2-naphthalenesulfonato(4-)]-, tetrasodium. Sec. 1125. Pigment Orange 62. Sec. 1126. 2-Butyne-1,4-diol, polymer with (chloromethyl)oxirane, brominated, dehydrochlorinated, methoxylated and triethyl phosphate. Sec. 1127. Dianil. Sec. 1128. Amino ethyl carbazole. Sec. 1129. Himic anhydride. Sec. 1130. Poly(oxy-1,2-ethandiyl), α-[(2Z)-3-carboxy-1-oxo-2-propenyl]-ω-hydroxy-, C9-11-alkyl ethers; fatty acids, tall oil, reaction products with polyethylene polyamines; maleic acid; and 3,6,9,12- tetraazatetradecane-1,14-diamine. Sec. 1131. Mixtures of fatty acids, C12-21 and C18-unsatd., 2,2,6,6-tetramethyl-4-piperidol esters and polyethylene or polypropylene or 3,5-di-tert-butyl-4-hydroxybenzoic acid, hexadecyl ester. Sec. 1132. 4-Chloro-1,8-naphthalic anhydride. Sec. 1133. Synthetic silica gel. Sec. 1134. Neopentylglycol mono(hydroxypivalate). Sec. 1135. Certain molded parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537. Sec. 1136. Ethylhexylglycerin. Sec. 1137. Linsitinib. Sec. 1138. Poly(4-(1-isobutoxyethoxy)styrene-co-4-hydroxystyrene) dissolved in 2-methoxypropyl-1-acetate. Sec. 1139. Placebos to be used in clinical trials for the drug ASP2408. Sec. 1140. Placebos to be used in clinical trials for the drug ASP0777. Sec. 1141. 3-(1-Bromo-8-chloroimidazo[1,5-a]pyrazin-3-yl)cyclobutanone. Sec. 1142. Certain macroporous absorbent polymers. Sec. 1143. 4-(1-Ethoxyethoxy) styrene-4-(t-butylcarbonyloxy) styrene-4-hydroxystyrene copolymer. Sec. 1144. Placebos, composed of sodium L-glumate, D-sorbitol, and polysorbate 80, to be used in clinical trials for the drug ASKP1240. Sec. 1145. Fluxapyroxad. Sec. 1146. Topramazone. Sec. 1147. Metconazole and application adjuvants. Sec. 1148. Solder spheres containing 2 percent or more, by weight, of silver. Sec. 1149. Certain centrifugal fans and blowers. Sec. 1150. Power supplies with a power output exceeding 150 W but not exceeding 500 W. Sec. 1151. Certain DC axial fans. Sec. 1152. Lead-acid storage 12-volt batteries. Sec. 1153. Microscopes (other than optical microscopes) and diffraction apparatus. Sec. 1154. Parts and accessories of microscopes (other than optical) and diffraction apparatus. Sec. 1155. Certain insulated wire and cable. Sec. 1156. Rack-based power distribution units (PDUs). Sec. 1157. Dry nickel-metal hydride batteries of either 3.6 V or 4.8 V. Sec. 1158. Lead-acid storage batteries of 60 V. Sec. 1159. Metconazole. Sec. 1160. Dimethomorph. Sec. 1161. Boscalid. Sec. 1162. Certain fungicide for use in controlling diseases in fruit and vegetable crops. Sec. 1163. Certain extrusion presses. Sec. 1164. Sethoxydim. Sec. 1165. Orthosulfamuron. Sec. 1166. Sedaxane. Sec. 1167. 2-Ethyl-N-[(1S)-2-methoxy-1-methylethyl]-6-methylaniline. Sec. 1168. Modified vinylchloride-hydroxypropylacrylate copolymer. Sec. 1169. Vinyl chloride-hydroxypropyl acrylate copolymer. Sec. 1170. Vinyl acetate-alkeneoic acid copolymer. Sec. 1171. Diacid modified vinyl acetate-vinyl chloride copolymer. Sec. 1172. Polyvinylacetate for use in food. Sec. 1173. Acrylate modified vinyl acetate-vinyl chloride copolymer. Sec. 1174. Vinylacetate-vinylchloride copolymer. Sec. 1175. Synthetic and natural beta carotenes. Sec. 1176. Chlorophyllin-copper complex. Sec. 1177. Basic Red 51. Sec. 1178. 2-Aminotoluene-5-sulfonic acid. Sec. 1179. 1-Amino-2,6-dimethyl-benzene (2,6-xylidine). Sec. 1180. p-Aminobenzoic acid. Sec. 1181. Solvent Violet 13. Sec. 1182. Solvent Violet 11. Sec. 1183. 2-Amino-3-cyanothiophene. Sec. 1184. Disperse Yellow 241. Sec. 1185. S-ethyl dipropyl(thiocarbamate). Sec. 1186. Mixtures containing Fenazaquin and application adjuvants. Sec. 1187. Phosmet. Sec. 1188. Zoxamide. Sec. 1189. Mixtures containing Azadirachtin A. Sec. 1190. 2-Hydroxy-2-methyl-1-phenyl-1-propanone. Sec. 1191. Reactive Red 264. Sec. 1192. Ethanone, 2,2-dimethoxy-1,2-diphenyl-. Sec. 1193. Reactive Red 267. Sec. 1194. 1-Hydroxycyclohexyl phenyl ketone. Sec. 1195. 2,4-Bis(2-hydroxy-4-butyloxyphenyl)-6-(2,4-bis-butyloxyphenyl)-1,3,5-triazine. Sec. 1196. Mixtures of 2-[4-[(2-hydroxy-3-dodecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5-triazine and 2-[4-[(2-hydroxy-3-tridecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5- triazine. Sec. 1197. Phosphine oxide, phenylbis(2,4,6-trimethylbenzoyl)-. Sec. 1198. 1-Propanone, 2-methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)-. Sec. 1199. Bromacil. Sec. 1200. Propanoic acid, 2-bromo-, octyl ester, branched, reaction products with 4,4,4-(1,3,5-triazine-2,4,6-triyl)tris(1,3-benzenediol). Sec. 1201. Dimethyl 2,3,5,6-tetrachlorobenzene-1,4-dicarboxylate. Sec. 1202. Pigment Orange 74. Sec. 1203. S-(2-Benzothiazolyl)-2-(2-amino-thiazol-4-yl)-2-acetoxyiminothioace. Sec. 1204. 2-(2-Hydroxy-3′,5′-di-tert-amylphenyl)benzotriazole . Sec. 1205. Butanedioic acid, dimethyl ester, polymer with 4-hydroxy- 2,2,6,6,-tetramethyl-1-piperidineethanol. Sec. 1206. p-Nitrobenzoyl chloride. Sec. 1207. 2-(2H-Benzotriazol-2-yl)-4,6-bis(1-methyl-1-phenylethyl)phenol. Sec. 1208. Pentaerythritol Tetrakis[3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate]. Sec. 1209. N-[1,3-bis(hydroxymethyl)-2,5-dioxo-4-imidazolidinyl]-N,N′-bis(hydroxymethyl)urea. Sec. 1210. 1,3-Bis(3-methyl-2,5-dioxo-1H-pyrrolinylmethyl)benzene. Sec. 1211. 2,2′-Dithiobisbenzothiazole. Sec. 1212. Benzoyl chloride. Sec. 1213. Poly(1-hydroxynaphthylmethane) resin in alkaline solution. Sec. 1214. A polymeric ultraviolet light absorber consisting of certain mixtures. Sec. 1215. Phenol, 2,4–bis(1,1-dimethylethyl)-, phosphite (3:1). Sec. 1216. 2,4-Dihydroxybenzophenone. Sec. 1217. Cyclopentylpropionyl chloride. Sec. 1218. Cyanamide. Sec. 1219. Diethylaminoethyl-dextran. Sec. 1220. 3-Phthalimidopropionaldehyde. Sec. 1221. trans-Cinnamic acid. Sec. 1222. 1-(1-benzyl-1H-imidazol-2-YL)-1-(2,3-dimethylphenyl) ethanol. Sec. 1223. Certain pasta-making parts designed for use on electromechanical domestic stand food mixers. Sec. 1224. Certain electromechanical domestic food processors. Sec. 1225. Certain electromechanical food choppers. Sec. 1226. Certain coffee makers. Sec. 1227. Certain toasters. Sec. 1228. Certain handheld electromechanical food and beverage blending devices. Sec. 1229. Mixtures containing Thiencarbazone-methyl, isoxaflutole, and cyprosulfamide. Sec. 1230. Parts of frames and mountings for spectacles, goggles or the like. Sec. 1231. Lenses designed for digital cameras with focal length 55 mm or more but not over 300 mm and over 255.2 g but not exceeding 615 g in weight. Sec. 1232. Certain instant print film for analog photography. Sec. 1233. Cyflufenamid. Sec. 1234. Thiourea dioxide. Sec. 1235. Sodium ferrocyanide. Sec. 1236. Frames and mountings for spectacles, goggles, or the like, the foregoing of plastics. Sec. 1237. Melamine-formaldehyde resin. Sec. 1238. Formaldehyde, polymer with methylphenol, 2-hydroxy-3-[(1-oxo-2-propenyl)oxy]propyl ether and formaldehyde, polymer with (chloromethyl)oxirane and methylphenol, 4-cyclohexene-1,2-dicarboxylate 2-propenoate. Sec. 1239. 2-Propenoic acid, reaction products with o-cresol-epichlorohydrin-formaldehyde polymer and 3a,4,7,7a-tetrahydro-1,3-isobenzofurandione. Sec. 1240. Certain protective cases of molded silicone designed for use with electronic drawing toys. Sec. 1241. Certain plastic stylus pens for use with toys. Sec. 1242. Certain headphones, AC adapters, and protective cases of molded silicone. Sec. 1243. Certain made-up floor mats of cellular polyethylene. Sec. 1244. Tolfenpyrad. Sec. 1245. Mixtures of Pyraflufen-ethyl and application adjuvants. Sec. 1246. Dimethyl carbonate polymer with 1,6-hexanediol and 1,5-pentanediol. Sec. 1247. Certain textile fabrics of man-made fibers consisting of one or two layers of expanded polytetrafluoroethylene sheeting. Sec. 1248. Certain glass snow globes. Sec. 1249. Certain acrylic snow globes. Sec. 1250. Trisodium salt of methylglycinediacetic acid. Sec. 1251. Helvetolide. Sec. 1252. Hirvenal. Sec. 1253. Damascenone. Sec. 1254. 5-Cyclopentadecen-1-one, 3-methyl-. Sec. 1255. (E)-2-Dodecen-1-al. Sec. 1256. Neon, compressed. Sec. 1257. 6-Methyl-2-(4-methyl-3-cyclohexen-1-yl)-5-hepten-2-ol. Sec. 1258. Prop-2-enyl 2-cyclohexyloxyacetate. Sec. 1259. 3-Methyl-5-phenylpent-2-enenitrile. Sec. 1260. Ethoxymethyl-cyclododecyl ether. Sec. 1261. Prop-2-enyl heptanoate. Sec. 1262. 1,2-Hexanediol. Sec. 1263. d-Menthol. Sec. 1264. Prop-2-enyl hexanoate. Sec. 1265. 3-Methylbenzyl chloride. Sec. 1266. Ethyl salicylate. Sec. 1267. 3,5,5-Trimethylhexyl acetate. Sec. 1268. Phenethyl isobutyrate. Sec. 1269. Mixtures of phosphonium, tetrakis(hydroxymethyl)-, chloride, polymer with urea; phosphonium, tetrakis(hydroxymethyl)-, chloride; and formaldehyde. Sec. 1270. Certain suspension system stabilizer bars. Sec. 1271. Confectionery containing synthetic sweetening agents instead of sugar. Sec. 1272. Certain fitness equipment. Sec. 1273. Gallium metal. Sec. 1274. Certain nightlights of plastic. Sec. 1275. Stannic oxide. Sec. 1276. Reduced Vat Blue 1. Sec. 1277. Direct Red 84. Sec. 1278. Acetic acid. Sec. 1279. Acid Blue 171. Sec. 1280. Reactive Blue 19. Sec. 1281. Acid Red 182. Sec. 1282. Direct Green 91. Sec. 1283. Mixtures of Cobaltate (2-) and Cobaltate (3-). Sec. 1284. Mixtures of Acid Black 244, (Chromate(2-), (Cobaltate(1-), and (Chromate(1-). Sec. 1285. Disperse Blue 284. Sec. 1286. Mixtures of Reactive Blue 250 and Reactive Black 5. Sec. 1287. Mixtures of Disperse Red 367, 3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b′]difuran-2,6-dione and [4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-b′]difuran-3-yl]phenoxy]-acetic acid, 2- ethoxyethyl ester. Sec. 1288. Certain acrylic filament tow imported in the form of bundles of crimped product each containing 250,000 filaments. Sec. 1289. Certain acrylic filament tow imported in the form of bundles of crimped product each containing 250,000 to 350,000 filaments. Sec. 1290. Certain acrylic staple fibers. Sec. 1291. Certain acrylic filament tow imported in the form of bundles of crimped product each containing 198,000 filaments. Sec. 1292. Ultraviolet lamps filled with deuterium gas. Sec. 1293. Buprofezin. Sec. 1294. Pyraflufen-ethyl. Sec. 1295. Fenpyroximate. Sec. 1296. Triflic anhydride. Sec. 1297. Triflic acid. Sec. 1298. Certain image projectors. Sec. 1299. Metolachlor. Sec. 1300. Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid, and 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid. Sec. 1301. Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid, and 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid, and 1,4-dioxane-2,5-dione, 2,6-dimethyl-(3R,6R), polymer with rel-(3R,6S)-3,6- dimethyl-1,4 dioxane-2,5-dione and (3S,6S)-3,6-dimetyl-1,4-dioxane-2,5-dione. Sec. 1302. Thermoplastic biodegradable polymer blend. Sec. 1303. Mixtures of Propoxycarbazone-sodium. Sec. 1304. Certain acrylic filament tow colored, crimped, with an average decitex of 3.3. Sec. 1305. Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning measuring 1 decitex or more but not over 1.3 decitex. Sec. 1306. Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning measuring over 1.3 decitex but less than 1.67 decitex. Sec. 1307. p-Toluidine. Sec. 1308. p-Nitrotoluene. Sec. 1309. Manicure and pedicure sets. Sec. 1310. Nail clippers and nail files. Sec. 1311. Certain eyelash curlers. Sec. 1312. Mixtures containing ß-cyfluthrin. Sec. 1313. Flubendiamide. Sec. 1314. Spirotetramat. Sec. 1315. 1H-1,2,4-Triazole. Sec. 1316. Mixtures of Indaziflam and application adjuvants. Sec. 1317. Indaziflam. Sec. 1318. Mixtures of Flubendiamide. Sec. 1319. Mixtures containing Fluopyram. Sec. 1320. Mixtures containing Fluopyram and Prothioconazole. Sec. 1321. Mixtures containing Fluopyram and Trifloxystrobin. Sec. 1322. Mixtures containing Fluopyram and Pyrimethanil. Sec. 1323. Fenhexamid. Sec. 1324. Fluopicolide. Sec. 1325. Fluopyram. Sec. 1326. Dicumyl peroxide. Sec. 1327. Mixtures of Clothianidin and Bacillus Firmus strain I-1582. Sec. 1328. Cyprosulfamide. Sec. 1329. Mixtures of Paraquat Dichloride with application adjuvants. Sec. 1330. Caprolactone/diethylene glycol. Sec. 1331. Copoly(dimethyl carbonate/1,6-hexanediol). Sec. 1332. 2,2′-Bis(4-cyanatophenyl)propane, aromatic thermosetting prepolymer. Sec. 1333. Terbacil. Sec. 1334. Aqueous mixtures of polyvinyl alcohol and polyvinyl pyrrolidone. Sec. 1335. Tetrakis(hydroxymethyl) phosphonium sulfate (THPS). Sec. 1336. Canagliflozin. Sec. 1337. Mixtures of N-[2-(2-oxoimidazolidine-1-yl)ethyl]-2-methylacrylamide, methacrylic acid, aminoethyl ethylene urea, and hydroquinone. Sec. 1338. Glufosinate-ammonium. Sec. 1339. Chime melody rod assembly suitable for the production of grandfather clocks, wall clocks, and mantel clocks. Sec. 1340. Pigment Yellow 194. Sec. 1341. Pigment Yellow 181. Sec. 1342. Pigment Yellow 191. Sec. 1343. Pigment Yellow 180. Sec. 1344. 4,4′-Thiobis[2-(1,1-di-methylethyl)-5-methyl-phenol]. Sec. 1345. 2,5-Bis(1,1-dimethylpropyl)-1,4-benzenediol. Sec. 1346. 2,2′-(2-Methylpropylidene) bis(4,6-dimethylphenol). Sec. 1347. 4,4′-Butylidenebis(3-methyl-6-tert-butylphenol). Sec. 1348. 2,2′-Methylenebis[4-methyl-6-tert-butylphenol]. Sec. 1349. Daminozide. Sec. 1350. Bis(2,3-dibromopropyl ether) of Tetrabromobisphenol A. Sec. 1351. 4,4′-Methylenebis(2-chloroaniline). Sec. 1352. TFM. Sec. 1353. 1,1,2-2-Tetrafluoroethylene, oxidized, polymerized, reduced. Sec. 1354. Copoly(trifluoroethylene/vinylidene fluoride). Sec. 1355. Diphosphoric acid, polymers with ethoxylated reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene. Sec. 1356. 4,4′-Dichlorodiphenyl sulfone. Sec. 1357. 1,2-Propanediol, 3-(diethylamino)-, polymers with 5-isocyanato-1- (isocyanatomethyl)-1,3,3-trimethylcyclohexane, propylene glycol and reduced Me esters of reduced polymd. oxidized tetrafluoroethylene, 2-ethyl-1-hexanol-blocked, acetates (salts). Sec. 1358. Extract of licorice. Sec. 1359. Certain polarized lenses or lens blanks with an outer profile diameter of more than 80 mm. Sec. 1360. Certain clock movements. Sec. 1361. p-Dichlorobenzene. Sec. 1362. Certain polarized lens or lens blanks with an outer profile diameter of 80 mm or less. Sec. 1363. Certain toric-shaped polarized lenses or lens blanks. Sec. 1364. Mixtures containing Imidacloprid and Thiodicarb. Sec. 1365. Mixtures containing Imidacloprid and Cyfluthrin or its ß-Cyfluthrin isomer. Sec. 1366. Penflufen. Sec. 1367. 2-Amino-5-cyano-N,3-dimethylbenzamide. Sec. 1368. Picoxystrobin. Sec. 1369. Methyl 3-(aminosulfonyl)-2-thiophenecarboxylate. Sec. 1370. Certain composite units each comprising a power electronics box and a static converter. Sec. 1371. Certain stator or rotor parts designed for use in a combined generator/electric motor. Sec. 1372. Certain fuel pumps designed for gasoline/ethanol direct injection fuel systems. Sec. 1373. Certain hybrid electric vehicle inverters. Sec. 1374. Certain fuel injectors. Sec. 1375. Certain motor/generator units. Sec. 1376. Mixtures containing Fluopyram and Tebuconazole. Sec. 1377. Surface-modified silicon dioxide. Sec. 1378. Sodium thiocyanate. Sec. 1379. Hydroquinone monomethyl ether. Sec. 1380. Germanium unwrought. Sec. 1381. Germanium oxides. Sec. 1382. Mixtures of polyethylene glycol, C16-C18 fatty acids, and C2-C6 aliphatic hydrocarbons. Sec. 1383. Co-poly (propylene/ethylene). Sec. 1384. Mixtures of alkali metal phenate, mineral oil, and p-Dodecylphenol. Sec. 1385. Sensomer CT–400. Sec. 1386. D-Galacto-D-mannan. Sec. 1387. Benzene, polypropene derivatives. Sec. 1388. Certain compression-ignition internal combustion piston engines. Sec. 1389. Certain programmable controllers. Sec. 1390. Turmeric extracted oleoresin. Sec. 1391. Ginger extracted oleoresin. Sec. 1392. 1.3G grade fireworks. Sec. 1393. 1.4G grade fireworks. Sec. 1394. Baby or child carriers designed for use on bicycles. Sec. 1395. Wide-angle reflectors. Sec. 1396. Parts of bicycle speedometers. Sec. 1397. Aminocyclopyrachlor. Sec. 1398. Triethylenediamine. Sec. 1399. Modified aliphatic amine mixture containing benzyl alcohol; formaldehyde, polymer with 1,3- benezenedimethanamine and phenol; 1,3-benzenedimethanamine; phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2-(chloromethyl)oxirane, reaction products with ethylenediamine; and ethylenediamine. Sec. 1400. Modified aliphatic polyamine mixture of reaction products of 1,3-bis(aminomethyl)benzene with phenol and formaldehyde and 1,3-bis(aminomethyl)benzene. Sec. 1401. Hexadecyl 3,5-di-tert-butyl-4-hydroxybenzoate. Sec. 1402. 3-Amino-1,2-propanediol. Sec. 1403. 2-Ethylhexyl salicylate. Sec. 1404. Ion-exchange resin of benzene, diethenyl, polymer with ethenylbenzene and ethenylethylbenzene, chloromethylated, trimethylaminoquaternized. Sec. 1405. Acephate. Sec. 1406. Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene chlormethylated, 2-(dimethylamino) ethanol-quaternized. Sec. 1407. Ion exchange resins (Methanamine, N-methyl reaction products with chloromethylated divinylbenzene-styrene polymer). Sec. 1408. Ion-exchange resin and adsorbent (Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene, sulfonated). Sec. 1409. 5-(1,1-Dimethylheptyl)resorcinol. Sec. 1410. 4-Bromobenzyl bromide. Sec. 1411. 1-(2-Chloroethyl)-4-ethyl-1,4-dihydro-5H-tetrazol-5-one. Sec. 1412. 1,1-Cyclobutanedicarboxylic acid. Sec. 1413. α-Phenylpyridine-2-acetamide. Sec. 1414. α-threo Phenyl-2-piperidyl acetamide. Sec. 1415. 1-Benzyl-4-phenyl-4-piperidine carboxylic acid ethyl ester HCl. Sec. 1416. N-[1-Benzyl-4-(methoxymethyl)-4-piperidyl]-N-phenylpropionamide oxalate. Sec. 1417. α-Phenylpiperidine-2-acetic acid. Sec. 1418. Carbonic dihydrazide. Sec. 1419. Copper peptide (AHK-Cu). Sec. 1420. Glycyl-L-Histidyl-L-Lysine. Sec. 1421. Certain indoor/outdoor programmable and countdown time switches. Sec. 1422. Certain surge protector receptacles. Sec. 1423. Certain tamper resistant ground fault circuit interrupters. Sec. 1424. Banana jack connectors. Sec. 1425. Reactive Black 31. Sec. 1426. Orthotoluidine. Sec. 1427. Women’s belts of leather or composition leather, each valued $7.00 or higher. Sec. 1428. Gadolinium oxide. Sec. 1429. Lanthanum oxide. Sec. 1430. p-Chlorobenzotrifluoride containing less than 1.0% by weight of Acetone or other acid acceptor stabilizers. Sec. 1431. p-Chlorobenzotrifluoride containing less than 0.1% by weight of Tertiary amyl phenol or other antioxidants. Sec. 1432. p-Chlorobenzotrifluoride containing less than 0.1% of a mixture of Toluene, Solvent Naphtha, Propan-2-OL and Naphthalene. Sec. 1433. p-Chlorobenzotrifluoride containing less than 0.1% by weight of Ethyl morpholine or other storage vessel corrosion inhibitors. Sec. 1434. 2-Aminopyridine. Sec. 1435. 4-Chloro-3-nitrobenzoic acid. Sec. 1436. 1,6-Diisocyanato-hexane homopolymer, polyethylene-polypropylene glycol mono-Bu ether blocked. Sec. 1437. N,N′,N′′-[(2,4,6-Trioxo-1,3,5-triazine-1,3,5(2H,4H,6H)-triyl)tris[methylene(3,5,5-trimethyl-3,1-cyclohexanediyl)]] tris [hexahydro-2-oxo-1H-azepine-1-carboxamide]. Sec. 1438. Water-dispersible polyisocyanate product based on hexamethylene diisocyanate (HDI) trimer and cyclohexanamine, N,N-dimethyl-, compounds with 3-(cyclohexylamino)-1-propanesulfonic acid-blocked 1,6- diisocyanatohexane homopolymer. Sec. 1439. Hexanedioic acid, dihydrazide, polymer with 5-amino-1,3,3-trimethylcyclohexanemethanamine, 1,3-butanediol and 1,1′- methylenebis[4-isocyanatocyclohexane], methyl ethyl ketone oxime- and polyethylene glycol mono-methyl ether-blocked. Sec. 1440. Oxirane, 2-methyl-, polymer with oxirane, ether with 1,2,3-propanetriol (3:1), polymer with 2,4-diisocyanato-1-methylbenzene and a-hydro-.-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), caprolactam-blocked. Sec. 1441. Chlorobenzene. Sec. 1442. Dimethyl dicarbonate. Sec. 1443. Phosphorus sulfochloride. Sec. 1444. Dimethyl carbonate polymer with 1,6-hexanediol copolymer and 2-oxepanone. Sec. 1445. Reaction product of 3,5-dimethyl-1,2-diazole with polymer of hexane-1,6-diyl diisocyanate in organic solvent. Sec. 1446. Fasteners of plastics, in clips suitable for use in a mechanical attaching device. Sec. 1447. Hand tools designed for securing plastic fasteners that affix tags to merchandise. Sec. 1448. Product mixtures containing Fenoxaprop, Pyrasulfotole, Bromoxynil Octanoate, Bromoxynil Heptanoate, and Mefenpyr. Sec. 1449. 4,4′-Sulfonyldiphenol. Sec. 1450. 2-(4,6-Bis(2,4-dimethylphenyl)-1,3,5-triazin-2-yl)-5-(octyloxy)phenol. Sec. 1451. Hydroxylamine sulfate. Sec. 1452. Alginic acid, ammonium alignate, potassium alginate, calcium alginate, and magnesium alginate. Sec. 1453. Propylene glycol alginates. Sec. 1454. Sodium alginate. Sec. 1455. Mixture of hexanedioic acid, polymer with 1,2-ethanediol, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and 1,3- isobenzofurandione, 2-propenoate and 1,3-propanediol, 2,2-bis(hydroxymethyl)-, polymer with 2- (chloromethyl)oxirane, 2-propenoate. Sec. 1456. Urea, polymer with formaldehyde and 2-methylpropanal. Sec. 1457. Certain drive axles designed for use in log skidders, forwarders, articulated dump trucks or similar vehicles. Sec. 1458. Certain forged ring gear components and certain other parts of crankshafts and connecting rods. Sec. 1459. Mixtures comprising methyl methacrylate methacrylic acid polymer and up to 1 percent zinc acetate. Sec. 1460. Mixtures comprising titanium dioxide, silica, and decyl(trimethoxy)silane. Sec. 1461. Mixtures comprising titanium dioxide and decyl(trimethoxy)silane. Sec. 1462. Manganese ferrite carrier covered with acrylic resin. Sec. 1463. Phosphonic acid, reaction products with maleic anhydride, sodium salts. Sec. 1464. Dimethyl hydrogen phosphite. Sec. 1465. Vat Violet 10. Sec. 1466. 2-Ethylhexylamine. Sec. 1467. p-Nitroaniline. Sec. 1468. 4-Sulfo-1,8-naphthalic anhydride potassium salt. Sec. 1469. Isononylamine. Sec. 1470. Dodecylaniline branched. Sec. 1471. N-Ethyl-N-benzylaniline. Sec. 1472. Dimethylhexanediol. Sec. 1473. N,N-Dimethylisopropylamine (DMIPA). Sec. 1474. Huron Yellow Dye. Sec. 1475. Invisible Blue Dye. Sec. 1476. Solvent Orange 115. Sec. 1477. Solvent Yellow 131. Sec. 1478. Zinc sulfide, copper chloride doped. Sec. 1479. Solvent Yellow 160:1. Sec. 1480. Reactive Red. Sec. 1481. Solvent Yellow 195. Sec. 1482. p-Toluenesulfonamide. Sec. 1483. Lenses designed for digital cameras with a focal length measuring approximately 10 mm or more but not over 24 mm and weighing 445 g or more but not over 475 g. Sec. 1484. Lenses designed for digital cameras with a focal length measuring approximately 70 mm or more but not over 200 mm and weighing 1,410 g or more but not over 1,545 g. Sec. 1485. Lenses designed for digital cameras with a focal length measuring approximately 50 mm or more but not over 200 mm and weighing 329 g or more but not over 425 g. Sec. 1486. Captan. Sec. 1487. Methanesulfonyl chloride. Sec. 1488. Methanesulfonic acid. Sec. 1489. Poly (melamine-co-formaldelhyde) methylated butylated. Sec. 1490. Certain nonwoven fiberglass sheets. Sec. 1491. Oxyfluorfen. Sec. 1492. Acifluorfen sodium. Sec. 1493. Standard-grade ferroniobium or ferrocolombium. Sec. 1494. Manganese flake. Sec. 1495. Preformed iodide pellets or powder composed of iodides of dysprosium, thallium, sodium, holmium, thulium, and calcium. Sec. 1496. Cermets and articles thereof for use in ceramic discharge lamps. Sec. 1497. Polycrystalline alumina discharge tubes designed for use in high-intensity discharge (HID) lamps. Sec. 1498. Certain ceramic bases designed for high intensity discharge (HID) lamps. Sec. 1499. Certain cases or containers designed to be used for certain electronic drawing toys or electronic games. Sec. 1500. Certain switchgear assemblies and panel boards specifically designed for wind turbine generators. Sec. 1501. Certain open-work warp knit fabrics. Sec. 1502. 2-Cyclohexylidene-2-phenylacetonitrile. Sec. 1503. Mixtures of isomers: 1-(1,2,3,4,5,6,7,8-Octahydro-2,3,8,8-tetramethyl-2-naphthyl)ethan-1-one; 1-(1,2,3,5,6,7,8,8a- Octahydro-2,3,8,8-tetramethyl-2-naphthyl)ethan-1-one; and 1-(1,2,3,4,6,7,8,8a-Octahydro-2,3,8,8-tetramethyl-2-naphthyl) ethan-1-one. Sec. 1504. Polyquaternium-76. Sec. 1505. 2,2-Dichloroacetyl chloride. Sec. 1506. Profenofos. Sec. 1507. 4-Vinylbenzenesulfonic acid, sodium salt hydrate. Sec. 1508. 4-Vinylbenzenesulfonic acid, lithium salt. Sec. 1509. Certain fuel injectors. Sec. 1510. Cast-iron engine crankcases for marine propulsion engines, each measuring more than 1.1 meters in length. Sec. 1511. Certain forged steel crankshafts. Sec. 1512. Plain shaft sputter bearings without housing (other than spherical bearings), each weighing 260 grams or more. Sec. 1513. Certain fuel injection pumps for compression-ignition engines. Sec. 1514. Certain pistons for marine propulsion engines. Sec. 1515. Golf club driver heads. Sec. 1516. Fairway wood heads. Sec. 1517. Golf club iron heads. Sec. 1518. Golf club putter heads. Sec. 1519. Golf wedge club heads. Sec. 1520. Hybrid golf club heads. Sec. 1521. Woven mesh fabrics of filaments of perfluoroalkoxy copolymer resin for use in certain manufacturing filters. Sec. 1522. Encapsulated ascorbic acid. Sec. 1523. Bisphenol A bis(3-methacryloyloxypropyl) ether. Sec. 1524. Copoly(acrylic acid/itaconic acid). Sec. 1525. Certain polycrystalline fibers designed for use in pollution control devices for motor vehicles. Sec. 1526. Certain plastic children's wallets. Sec. 1527. Certain bamboo baskets. Sec. 1528. Bamboo kitchen forks, spoons, spatulas, turners and scrapers. Sec. 1529. Certain electromechanical wine bottle openers. Sec. 1530. Certain accordion-style file folders for organizing coupons or other contents. Sec. 1531. Certain inflatable swimming pools. Sec. 1532. Certain cellular plastic sheets of poly(tetrafluoroethylene) with retention rating of 10–30 nanometers for use in certain manufacturing filters. Sec. 1533. Certain cellular plastic sheets of poly-tetrafluoroethylene measuring 10 microns to 140 microns thick for use in certain manufacturing filters. Sec. 1534. Fosamine-ammonium. Sec. 1535. 1-Chlorobutane. Sec. 1536. 1,6-Dichlorohexane. Sec. 1537. Triallyl cyanurate. Sec. 1538. 2-[1,3-Dioxo-1-[(2-oxo-1,3-dihydrobenzimidazol-5-yl)amino]butan-2-yl]diazenylbenzoic acid. Sec. 1539. Fluorescent Brightener CBS-X. Sec. 1540. Certain plastic device book-style covers. Sec. 1541. Certain textile device book style covers. Sec. 1542. Certain plastic device covers and stands. Sec. 1543. Certain women’s sports bras. Sec. 1544. Certain knit tank tops. Sec. 1545. Certain knit garments. Sec. 1546. Effective date. Title II—Existing duty suspensions and reductions Sec. 2001. Extension of certain existing duty suspensions and reductions and other modifications. Sec. 2002. Effective date. Title III—Miscellaneous Sec. 3001. Reliquidation of certain orange juice entries. Sec. 3002. Reliquidation of certain entries of industrial nitrocellulose from the United Kingdom. Sec. 3003. Reliquidation of certain entries of polyester fleece sheet sets. Sec. 3004. Technical correction relating to stainless steel single-piece exhaust gas manifolds. Sec. 3005. Liquidation or reliquidation of certain entries of top-of-the-stove stainless steel cooking ware from the Republic of Korea entered between January 1, 1999, and January 22, 2003. Sec. 3006. Liquidation or reliquidation of certain entries of digital still image video cameras. 2. Reference Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision, the reference shall be considered to be made to a chapter, subchapter, note, additional U.S. note, heading, subheading, or other provision of the Harmonized Tariff Schedule of the United States ( 19 U.S.C. 3007 note). I New duty suspensions and reductions 1001. Homo-polymers of hydrogenated norbornene derivatives Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.01 1,4:5,8-Dimethan‑onaphthalene, 2‑ethylidene-1,2,3,4,4a,5,8,8a-octahydro-, polymer with 3a,4,7,7a-tetrahydro‑4,7- methano-1H-indene, hydrogenated (CAS No. 881025–72–5); 1,4-methano-1H-fluorene, 4,4a,9,9a‑tetrahydro-, polymer with 1,2,3,4,4a, 5,8,8a‑octahydro-1,4:5,8-dimethan‑onaphthalene and 3a,4,7,7a‑tetrahydro-4,7-methano-1H-indene, hydrogenated (CAS No. 503442–46–4); and 1,4-methano-1H-fluorene, 4,4a,9,9a‑tetrahydro-, polymer with 1,2,3,4,4a, 5,8,8aoctahydro-1,4:5,8-dimethan‑onaphthalene, hydrogenated (CAS No. 503298–02–0) (provided for in subheading 3911.90.25) Free No change No change On or before 12/31/2015 . 1002. 2,3-Dihydro-1,3-dioxo-2-[3-[[2-(sulfooxy)ethyl]sulfonyl]phenyl]-1H-xantheno[2,1,9-def]isoquinoline-5,9-disulfonic acid, sodium salt (1:3) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.02 2,3-Dihydro-1,3-dioxo-2-[3-[[2-(sulfooxy)ethyl]sulfonyl]phenyl]-1H-xantheno[2,1,9-def]isoquinoline-5,9-disulfonic acid, sodium salt (1:3) (CAS No. 444087–59–6) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1003. Acid Yellow 151 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.03 Acid Yellow 151 (Bis[2-[2-[5-(aminosulfonyl)-2-(hydroxy-κO)phenyl]diazenyl-κN1]-3-(oxo-κO)-N-phenylbutanamidato(2-)] cobaltate(2-) hydrogen (1:2)) (CAS No. 12715–61–6) (provided for in subheading 3204.12.50) Free No change No change On or before 12/31/2015 . 1004. Acid Yellow 137 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.04 Acid Yellow 137 (Bis[3-[2-[4,5- dihydro-3-methyl-5-(oxo-O)-1-phenyl-1H-pyrazol-4- yl]diazenyl-κN1]-4-(hydroxy-κO) benzenesulfonamidato(2-)]Cobaltate(1-), sodium (1:1)) (CAS No. 34664–47–6) (provided for in subheading 3204.12.50) Free No change No change On or before 12/31/2015 . 1005. Mixtures of Disperse Red 367 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.05 Mixtures of Disperse Red 367 ([4-(2,6-Dihydro-2,6-dioxo-7-phenylbenzo[1,2-b:4,5-b]difuran-3-yl)phenoxy]acetic acid, 2- ethoxyethyl ester) (CAS No. 126877–05–2) and 4-[(1-amino-9,10-dihydro-4-hydroxy-9,10-dioxo-2- anthracenyl)oxy] benzenesulfonyl fluoride (CAS No. 170865–52–8) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1006. Acid Red 278 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.06 Chromate(1-), bis[3-[4-[[5-chloro-2-(hydroxy-κO)phenyl]-azo-κN1]-4,5-dihydro-3-methyl-5-(oxo-κO)-1Hpyrazol-1-yl] benzenesulfonamidato(2-)]-, sodium (acid red 278) (CAS No. 71819–56–2) (provided for in subheading 3204.12.50) Free No change No change On or before 12/31/2015 . 1007. Acid Yellow 79 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.07 Acid Yellow 79 (Benzenesulfonic acid, 2-[2-[5-amino-3-methyl-1-(3-sulfophenyl)-1H-pyrazol-4-yl]diazenyl]-, 1,1′-[(1- methylethylidene)di-4,1-phenylene] ester, sodium salt (1:2)) (CAS No. 72828–69–4) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1008. Disperse Yellow 184:1 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.08 Disperse Yellow 184:1 (3-(5-Chloro-2-benzoxazolyl)-7-(diethylamino)-2H-1-benzopyran-2-one) (CAS No. 35773–43–4) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1009. Mixtures of 5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridine carbonitrile and 5-[(2-cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4- methyl-2-(phenylamino)-3-pyridine carbonitrile Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.09 Mixtures of 5-[(2-Cyano-4-nitrophenyl)azo]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridine carbonitrile (CAS No. 149988–44–3) and 5-[(2-cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4- methyl-2-(phenylamino)-3-pyridine carbonitrile (CAS No. 137428–29–6) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1010. Disperse Red 159 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.10 Disperse Red 159 (1-Amino-2-[4-[(hexahydro-2-oxo-1H-azepin-1-yl)methyl]phenoxy]-4-hydroxy-9,10-anthracenedione) (CAS No. 19014–53–0) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1011. Reactive Red 122 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.11 Reactive Red 122 (7-[[4-Chloro-6-[ethyl[3-[[2-(sulfooxy)ethyl] sulfonyl]phenyl]amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3- [2-(4-methoxy-2-sulfophenyl)diazenyl]-2-naphthalenesulfonic acid, sodium salt (1:3)) (CAS No. 83567–04–8) (provided for in subheading 3204.16.20) Free No change No change On or before 12/31/2015 . 1012. Disperse Red 311 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.12 Disperse Red 311 (N-[3-(Acetylamino)-4-[(2, 4-dinitrophenyl)azo]phenyl]-N-(3-methoxy-3-oxopropyl)-ß-alanine, methyl ester) (CAS No. 70729–65–6) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1013. Reactive Blue 187 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.13 Reactive Blue 187 (1,1′-[(6,13-dichloro-4,11-disulfo-3,10-triphenodioxazinediyl)bis[imino-2,1-ethanediylimino[6-[(2,5- disulfophenyl)amino]-1,3,5-triazine-4,2-diyl]]]bis[3-carboxylatopyridinium], dihydroxide, bis(inner salt), hexasodium salt) (CAS No. 79771–28–1) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1014. Disperse Yellow 71 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.14 Disperse Yellow 71 (9 (or 10)-Methoxy-7H-benzimidazo[2,1-a]benz[de]isoquinolin-7-one) (CAS No. 68296–59–3) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1015. Acid Blue 284 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.15 Acid Blue 284 ([5-(Diethylamino)-2-[(2-hydroxy-4-nitrophenyl)azo]phenolato(2-)][5-hydroxy-6-[(2-hydroxy-4-nitrophenyl) azo]-1-naphthalenesulfonato(3-)]-chromate(2-), sodium) (CAS No. 90294–39–6) (provided for in subheading 3204.12.20) Free No change No change On or before 12/31/2015 . 1016. Basic Blue 94:1 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.16 Basic Blue 94:1 (1-Propanaminium, 3,3′-[(9,10-dihydro-9,10-dioxo-1,4-anthracenediyl)diimino]bis(N,N,N-triethyl-, ethyl sulfate (1:2))) (CAS No. 67905–14–0) (provided for in subheading 3204.13.80) Free No change No change On or before 12/31/2015 . 1017. Disperse Orange 288 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.17 Disperse Orange 288 (3-[[4-[2-(4-Nitrophenyl)diazenyl] phenyl](phenylmethyl)amino]-propanenitrile) (CAS No. 96662–24–7) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1018. Disperse Blue 56 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.18 Disperse Blue 56 (1,5 (or 1,8)-Diamino-2-bromo-4,8 (or 4,5)-dihydroxy-9,10-anthracenedione) (CAS No. 68134–65–6) (provided for in subheading 3204.11.10) Free No change No change On or before 12/31/2015 . 1019. Acid Blue 264 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.19 Acid Blue 264 (1-Amino‑9,10-dihydro‑4-[[4-[[methyl[(4-methyl phenyl)sulfonyl]amino] methyl]phenyl]amino]‑9,10-dioxo-2- anthracenesulfonic acid, sodium salt (1:1)) (CAS No. 72828–82–1) (provided for in subheading 3204.12.20) Free No change No change On or before 12/31/2015 . 1020. Mixtures of 1,5-Diamino-4,8-dihydroxy(4-hydroxyphenyl)-9,10-anthracenedione, and 1,5- Diamino-4,8-dihydroxy(4-methoxyphenyl)-9,10-anthracenedione Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.20 Mixtures of 1,5-Diamino-4,8-dihydroxy(4-hydroxyphenyl)-9,10-anthracenedione (CAS No. 31529–83–6) and 1,5- Diamino-4,8-dihydroxy(4-methoxyphenyl)-9,10-anthracenedione (CAS No. 31288–44–5) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2015 . 1021. Acid Red 426 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.21 Acid Red 426 (5-[2-[4-(Acetylamino)-2-(trifluoromethyl)phenyl]diazenyl]-6-amino-4-hydroxy-2-naphthalenesulfonic acid, sodium salt (1:1)) (CAS No. 75198–93–5) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1022. Mixtures of Reactive Black 5, Benzenesulfonic acid, and 1-Naphthalenesulfonic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.22 Mixtures of Reactive Black 5 (4-Amino-5-hydroxy-3,6-bis [2-[4-[[2-(sulfooxy) ethyl]sulfonyl] phenyl]diazenyl]-2,7- naphthalenedisulfonic acid, sodium salt (1:4)) (CAS No. 17095–24–8), 2, 4-Diamino-5-[2-[4-[[2-(sulfooxy) ethyl]sulfonyl] phenyl]diazenyl]-benzenesulfonic acid, sodium salt (1) (CAS No. 795275–80–8) and 4-Amino-3-[2-[4-[[2-(sulfooxy) ethyl] sulfonyl]phenyl]diazenyl]-1-naphthalenesulfonic acid, sodium salt (1:2) (CAS No. 250688–43–8) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2015 . 1023. Mixtures of Disperse Blue 77 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.23 Mixtures of Disperse Blue 77 (1,8-Dihydroxy-4-nitro-5-(phenylamino)-9,10-anthracenedione) (CAS No. 20241–76–3), 5-[2-(2- Cyano-4-nitrophenyl)diazenyl]-2-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-6-(phenylamino)-3-pyridinecarbonitrile (CAS No. 149988–44–3), 5-[2-(2-Cyano-4-nitrophenyl)diazenyl]-6-[[2-(2-hydroxyethoxy)ethyl]amino]-4-methyl-2- (phenylamino)-3-pyridinecarbonitrile (CAS No. 137428–29–6) and 2-Cyano-2-[3-[(6-methoxy-2-benzothiazoyl)amino]-1Hisoindol- 1-ylidene]-acetic acid, pentyl ester (CAS No. 173285–74–0) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2015 . 1024. Mixtures of Reactive Red 198 and Reactive Red 239 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.24 Mixtures of Reactive Red 198 (5-[[4-Chloro-6-[(3-sulfophenyl)amino]-1,3,5-triazin-2-yl]amino]‑4-hydroxy-3-[2-[4-[[2- (sulfooxy)ethyl]sulfonyl] phenyl]diazenyl]-2,7‑naphthalenedisulfonic acid, sodium salt (1:?)) (CAS No. 78952–61–1) and Reactive Red 239 (2-[2-[8-[[4-Chloro-6-[[4-[[2-(sulfooxy)ethyl] sulfonyl]phenyl]amino]‑1,3,5-triazin-2-yl]amino]-1-hydroxy-3,6- disulfo-2-naphthalenyl] diazenyl]-1,5-naphthalenedisulfonic acid, sodium salt (1:5)) (CAS No. 89157–03–9) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1025. Mixtures of Reactive Blue 19 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.25 Mixtures of Reactive Blue 19 (1-Amino-9,10-dihydro‑9,10-dioxo-4-[[3-[[2-(sulfooxy)ethyl] sulfonyl]phenyl]amino]-2- anthracenesulfonic acid, sodium salt (1:2)) (CAS No. 2580–78–1) and 1,1′-[(6,13-Dichloro‑4,11-disulfo-3,10- triphenodioxazinediyl) bis[imino-2,1-ethanediylimino [6-[(2,5-disulfophenyl) amino]-1,3,5-triazine-4,2-diyl]]]bis [3-carboxylatopyridinium], dihydroxide, bis(inner salt), hexasodium salt (CAS No. 79771–28–1) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1026. Quinaldine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.26 2-Methylquinoline (CAS No. 91–63–4) (provided for in subheading 2933.49.70) Free No change No change On or before 12/31/2015 . 1027. Leucoquinizarin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.27 1,4,9,10- Tetrahydroxyanthracene (Leucoquinizarin) (CAS No. 476–60–8 or 40498–13–3) (provided for in subheading 2914.69.90) Free No change No change On or before 12/31/2015 . 1028. 1-Nitroanthraquinone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.28 1-Nitro-9,10-anthracenedione (CAS No. 82–34–8) (provided for in subheading 2914.70.40) Free No change No change On or before 12/31/2015 . 1029. Benzenesulfonyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.29 Benzenesulfonyl chloride (CAS No. 98–09–9) (provided for in subheading 2904.10.08) Free No change No change On or before 12/31/2015 . 1030. Capacitor grade homopolymer polypropylene resin in primary form Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.30 Capacitor grade homopolymer polypropylene resin in primary form (CAS No. 9003–07–0), certified by the importer as intended for use in manufacturing capacitor film and having an ash content less than 0.01% pursuant to ASTM D5630 (Inorganic residues from plastics ashing may describe antiblock, fillers, reinforcements, catalyst residues, colorants, etc.) (provided for in subheading 3902.10.00) Free No change No change On or before 12/31/2015 . 1031. Certain acrylic staple fibers with a fiber tenacity of 0.4 N/tex Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.31 Acrylic staple fibers (polyacrylonitrile staple) containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, colored, crimped, with an average decitex of 2.2 (plus or minus 10 percent) and fiber length of 45 mm (plus or minus 10 percent) and fiber tenacity of 0.4 N/tex (plus or minus 10 percent) (provided for in subheading 5503.30.00) Free No change No change On or before 12/31/2015 . 1032. Certain acrylic staple fibers with fiber tenacity of 0.48 N/tex Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.32 Acrylic staple fibers (polyacrylonitrile staple) containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, colored, crimped, with an average decitex of 2.2 (plus or minus 10 percent) and fiber length of 45 mm (plus or minus 10 percent) and fiber tenacity of 0.48 N/tex (plus or minus 10 percent) (provided for in subheading 5503.30.00) Free No change No change On or before 12/31/2015 . 1033. Aldicarb Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.33 2-Methyl-2-(methylthio)propionaldehyde O-(methylcarbamoyl)oxime (Aldicarb) (CAS No. 116–06–3) and application adjuvants (provided for in subheading 3808.91.50) Free No change No change On or before 12/31/2015 . 1034. Penthiopyrad technical Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.34 (1-Methyl-N-[2-(4-methylpentan-2-yl)thiophen-3-yl]-3-(trifluoromethyl)pyrazole-4-carboxamide (Penthiopyrad technical) (CAS No. 183675–82–3) (provided for in subheading 2933.19.90) 3.9% No change No change On or before 12/31/2015 . 1035. 2-Amino-4,6-dimethylpyrimidine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.35 2-Amino-4,6-dimethylpyrimidine (CAS No. 767–15–7) (provided for in subheading 2933.59.95) Free No change No change On or before 12/31/2015 . 1036. Carbofuran technical Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.36 2,3-dihydro-2,2-dimethyl-7-benzofuranyl methylcarbamate (Carbofuran technical) (CAS No. 1563–66–2) (provided for in subheading 2932.99.20) 5.4% No change No change On or before 12/31/2015 . 1037. Carbosulfan technical Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.37 2,3-Dihydro-2,2-dimethylbenzofuran-7-yl (dibutylaminothio) methylcarbamate (Carbosulfan technical) (CAS No. 55285–14–8) (provided for in subheading 2932.99.20) Free No change No change On or before 12/31/2015 . 1038. Oxalic acid, dimethyl ester (DMO) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.38 Oxalic acid, dimethyl ester (DMO) (CAS No. 553–90–2) (provided for in subheading 2917.11.00) Free No change No change On or before 12/31/2015 . 1039. Oxalic acid, diethyl ester (DEO) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.39 Oxalic acid, diethyl ester (DEO) (CAS No. 95–92–1) (provided for in subheading 2917.11.00) Free No change No change On or before 12/31/2015 . 1040. Carbamic acid, N-[4-chloro-2-fluoro-5-[[[[methyl(1-methylethyl)amino] sulfonyl]amino]carbonyl]phenyl]-, ethyl ester (PCM) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.40 Carbamic acid, N-[4-chloro-2-fluoro-5-[[[[methyl(1-methylethyl)amino] sulfonyl]amino]carbonyl]phenyl]-, ethyl ester (PCM) (CAS No. 874909–61–2) (provided for in subheading 2929.90.15) 5.67% No change No change On or before 12/31/2015 . 1041. Ethyl 3-amino-4,4,4-trifluorocrotonate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.41 Ethyl 3-amino-4,4,4-trifluorocrotonate (CAS No. 372–29–2) (provided for in subheading 2922.49.80) Free No change No change On or before 12/31/2015 . 1042. Mixtures containing Thiencarbazone-methyl, Isoxadifen-ethyl, and Tembotrione Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.42 Mixtures containing methyl 4-({[(3-methoxy-4-methyl‑5-oxo-4,5-dihydro‑1H-1,2,4-triazol-1-yl) carbonyl]amino}sulfonyl)-5- methylthiophene-3-carboxylate- (Thiencarbazone-methyl) (CAS No. 317815–83–1), ethyl 4,5-dihydro-5,5-diphenyl-1,2- oxazole-3-carboxylate (Isoxadifen-ethyl) (CAS No. 163520–33–0), and 2-{2-chloro-4-mesyl-3-[(trifluoroethoxy) methyl]- benzoyl} cyclohexane-1,3-dione (Tembotrione) (CAS No. 335104–84–2) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1043. Mixtures containing Trifloxystrobin, Clothianidin, Carboxin, and Metalaxyl Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.43 Mixtures containing Methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoro-m-tolyl)ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7); (E)-1-(2-chloro-1,3-thiazol-5ylmethyl)-3-methyl-2-nitroguanidine (Clothianidin) (CAS No. 210880–92–5); 5,6-dihydro-2-methyl-N-phenyl-1,4-oxathiin-3-carboxamide (Carboxin) (CAS No. 5234–68–4); and methyl N-(2,6-dimethylphenyl)-N-(methoxyacetyl)-DL-alaninate (Metalaxyl) (CAS No. 57837–19–1) and application adjuvants provided for in subheading 3808.92.15 Free No change No change On or before 12/31/2015 . 1044. 5-Methylpyridine-2,3-dicarboxylic acid dimethyl ester Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.44 5-Methylpyridine-2,3-dicarboxylic acid dimethyl ester (CAS No. 112110–16–4) (provided for in subheading 2933.39.61) 4.48% No change No change On or before 12/31/2015 . 1045. Reactive Orange 131 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.45 Reactive Orange 131 (CAS No. 187026–95–5) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1046. Octanoyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.46 Octanoyl chloride (CAS No. 111–64–8) (provided for in subheading 2915.90.50) Free No change No change On or before 12/31/2015 . 1047. Mixtures of tetraacetylethylenediamine with extenders or additives Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.47 Mixtures of tetraacetylethylenediamine (CAS No. 10543–57–4) with any of the following extenders or additives: carboxymethylcellulose (CAS No. 9004–32–4), pigment blue 15:3 (CAS No. 147–14–8), water (CAS No. 7732–18–5), ethoxylated alcohols, tallow (CAS No. 61791–28–4), phthalocyanine green G (CAS No. 1328–53–6), bentonite powder (CAS No. 1302–78–9), and silicon dioxide (CAS No. 14808–60–7) (provided for in subheading 3824.90.92) Free No change No change On or before 12/31/2015 . 1048. 1-Propanonesulfonic acid, 2-methyl-2-[(1-oxo-2-propenyl)amino]-, monoammonium salt, polymer with 1-ethenyl-2- pyrrolidinone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.48 1-Propanonesulfonic acid, 2-methyl-2-[(1-oxo-2-propenyl)amino]-, monoammonium salt, polymer with 1-ethenyl-2- pyrrolidinone (CAS No. 335383–60–3) (provided for in subheading 3906.90.50) Free No change No change On or before 12/31/2015 . 1049. Ammonium polyacryloyldimethyl taurate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.49 Ammonium polyacryloyldimethyl taurate (CAS No. 62152–14–1) (provided for in subheading 3906.90.50) Free No change No change On or before 12/31/2015 . 1050. Fluthiacet-methyl Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.50 Methyl[[2-chloro-4-fluoro-5[(tetrahydro-3-oxo-1H,3H-[1,3,4]thiadiazolo[3,4-a]pyridazin-1-ylidene)amino]phenyl]-thio]acetate (Fluthiacet-methyl) (CAS No. 117337–19–6) (provided for in subheading 2934.99.15). 1.8% No change No change On or before 12/31/2015 . 1051. Pyroxasulfone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.51 3-[5-(difluoromethoxy)-1-methyl-3-(trifluoromethyl)pyrazol-4-ylmethylsulfonyl]-4,5-dihydro-5,5-dimethyl-1,2-oxazole (Pyroxasulfone) (CAS No. 447399–55–5) (provided for in subheading 2934.99.90) 3.8% No change No change On or before 12/31/2015 . 1052. Certain portable electric grills Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.52 Portable electric grills with an infrared cooking system and 320 sq. in. of grilling surface (provided for in subheading 8516.60.60) Free No change No change On or before 12/31/2015 . 1053. Portable combination fryer-roaster appliances Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.53 Portable combination fryer-roaster appliances utilizing infrared cooking technology, consisting of a cylindrical infrared reemitter surrounding the cooking compartment and fueled by liquid petroleum gas (provided for in subheading 7321.11.10) Free No change No change On or before 12/31/2015 . 1054. Certain decorative outdoor bamboo garden torches Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.57 Torches designed for outdoor use, with poles of bamboo, measuring 160 cm or less in height and designed for use with refillable metal fuel canisters, each fitted with a wick (provided for in subheading 9405.50.40) Free No change No change On or before 12/31/2015 . 1055. Certain portable gas grills Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.59 Portable gas grills, each having a base mounted on wheels or casters, such grills utilizing infrared cooking technology consisting of an infrared re-emitter plate positioned between the heat source and food support grate, the plate and grate having a surface area of approximately 2,064 cm² (provided for in subheading 7321.11.10) Free No change No change On or before 12/31/2015 . 1056. Thiencarbazone-methyl Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.60 Methyl 4-({[(3-methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4-triazol-1-yl)carbonyl]-amino}sulfonyl)-5-methylthiophene-3- carboxylate- (Thiencarbazone-methyl) (CAS No. 317815–83–1) (provided for in subheading 2935.00.75) 2.3% No change No change On or before 12/31/2015 . 1057. 1,3-Cyclohexanedione Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.61 1,3-Cyclohexanedione (CAS No. 504–02–9) (provided for in subheading 2914.29.50) Free No change No change On or before 12/31/2015 . 1058. Mixtures containing Trifloxystrobin and Prothioconazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.62 Mixtures containing Methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoro-m-tolyl)ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) and 2-[2-(1-chlorocyclopropyl)-3-(2-chlorophenyl)-2-hydroxypropyl]-1,2- dihydro-3H-1,2,4-triazole-3-thione (Prothioconazole) (CAS No. 178928–70–6) and application adjuvants (provided for in subheading 3808.92.15) 5.3% No change No change On or before 12/31/2015 . 1059. Certain mixtures containing Trifloxystrobin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.63 Mixtures containing methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoro-m-tolyl)ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1060. Mixtures containing Spirotetramat Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.64 Mixtures containing cis-4-(ethoxycarbonyloxy)-8-methoxy-3-(2,5-xylyl)-1-azaspiro[4.5]dec-3-en-2-one (Spirotetramat) (CAS No. 203313–25–1) and application adjuvants (provided for in 3808.91.25) 2.7% No change No change On or before 12/31/2015 . 1061. Mixtures containing Trifloxystrobin and Propiconazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.65 Mixtures containing methyl (E)-methoxyimino-{(E)-α-[1-(α,α,α-trifluoro-m-tolyl)ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) and 1-[[2-(2,4-dichlorophenyl)-4-propyl-1,3-dioxolan-2-yl]methyl]-1,2,4-triazole (Propiconazole) (CAS No. 60207–90–1) and application adjuvants provided for in subheading 3808.92.15 Free No change No change On or before 12/31/2015 . 1062. Diuron Technical Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.66 3-(3,4-Dichlorophenyl)-1,1-dimethylurea (Diuron) (CAS No. 330–54–1) (provided for in subheading 2924.21.16) Free No change No change On or before 12/31/2015 . 1063. Topramezone and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.67 [3-(4,5-dihydro-1,2-oxazol-3-yl)-4-mesyl-o-tolyl](5-hydroxy-1-methylpyrazol-4-yl)methanone (Topramezone) (CAS No. 210631–68–8) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1064. Formulations containing a racemic mixture of Alpha-cypermethrin and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.68 Formulations containing a racemic mixture of: (R)-α-cyano-3-phenoxybenzyl (1S,3S)-3-(2,2-dichlorovinyl)-2,2-dimethylcyclopropanecarboxylate (Alpha-cypermethrin) (CAS No. 67375–30–8) and application adjuvants (provided for in subheading 3808.91.25) Free No change No change On or before 12/31/2015 . 1065. Product mixtures containing Spiromesifen Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.69 Mixtures of 3-mesityl-2-oxo-1-oxaspiro[4.4]non-3-en-4-yl 3,3-dimethylbutyrate (Spiromesifen) (CAS No. 283594–90–1) and application adjuvants (provided for in subheading 3808.91.25) 2.5% No change No change On or before 12/31/2015 . 1066. Product mixtures containing Clothianidin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.70 Mixtures of (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine (Clothianidin) (CAS No. 210880–92–5) and application adjuvants (provided for in subheading 3808.91.50) Free No change No change On or before 12/31/2015 . 1067. Product mixtures containing Pyrasulfotole, Bromoxynil Octanoate, and Bromoxynil Heptanoate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.71 Mixtures of (5-Hydroxy-1,3-dimethylpyrazol-4-yl)(α,α,α-trifluoro-2-mesyl-p-tolyl)methanone (Pyrasulfotole) (CAS No. 365400–11–9); 2,6-dibromo-4-cyanophenyl octanoate (Bromoxynil Octanoate) (CAS No. 1689–99–2); and 2,6-dibromo-4- cyanophenyl heptanoate (Bromoxynil Heptanoate) (CAS No. 56634–95–8) and application adjuvants (provided for in subheading 3808.93.15) 1% No change No change On or before 12/31/2015 . 1068. Prosulfuron Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.72 1-(4-Methoxy-6-methyl-1,3,5-triazin-2-yl)-3-[2-(3,3,3-trifluoropropyl)phenylsulfonyl]urea (Prosulfuron) (CAS No. 94125–34–5) (provided for in subheading 2935.00.75) 1.5% No change No change On or before 12/31/2015 . 1069. Tetrahydrothiophene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.73 Tetrahydrothiophene (CAS No. 110–01–0) (provided for in subheading 2934.99.90) Free No change No change On or before 12/31/2015 . 1070. Di-tert-butyl polysulfides Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.74 Di-tert-butyl polysulfides (CAS No. 68937–96–2) (provided for in subheading 3811.90.00) Free No change No change On or before 12/31/2015 . 1071. Dimethyl 3,3′-thiodipropionate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.75 Dimethyl 3,3′-thiodipropionate (CAS No. 4131–74–2) (provided for in subheading 2930.90.91) Free No change No change On or before 12/31/2015 . 1072. 2-Hydroxyethyl-n-octyl sulfide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.76 2-Hydroxyethyl-n-octyl sulfide (CAS No. 3547–33–9) (provided for in subheading 2930.90.91) Free No change No change On or before 12/31/2015 . 1073. Reactive Red 228 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.77 Reactive Red 228 (2,7- Naphthalenedisulfonic acid, 5-((4-chloro-6-((2-(2- (ethenylsulfonyl) ethoxy)ethyl) amino)-1,3,5- triazin-2-yl)amino)-3-((4- (ethenylsulfonyl)phenyl) azo)-4-hydroxy-, potassium sodium salt) (CAS No. 101200–49–1) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1074. Acid Yellow 151 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.78 Acid Yellow 151 (Bis[2-[[5-(aminosulfonyl)-2- hydroxyphenyl]azo]-3-oxo-N-phenylbutyramidato(2-)] cobaltate(1-) sodium; 3-Hydroxy-2-(2-hydroxy-5- sulfamoylphenylazo) isocrotonanilide cobalt(III) chelates sodium salt) (CAS No. 72496–88–9) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1075. Reactive Blue 269 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.79 Reactive Blue 269 (3,10-bis[(2-aminopropyl)amino]-6,13-dichloro-4,11-triphenodioxazinedisulfonic acid, reaction products with 2-amino-1,4-benzenedisulfonic acid, 2-[(4-aminophenyl)sulfonyl]ethyl hydrogen sulfate and 2,4,6-trifluoro-1,3,5- triazine, sodium salts) (CAS No. 191877–09–5) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1076. Reactive Blue 268 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.80 4,11-Triphenodioxazinedisulfonic acid, 6,13-dichloro-3,10-bis[[2-[[4-fluoro-6-[(2-sulfophenyl)amino]-1,3,5-triazin-2- yl]amino]propyl]amino]-, lithium sodium salt (Reactive Blue 268) (CAS No. 163062–28–0) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1077. Normal Paraffin M Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.81 Normal Paraffin M (Alkanes C10–C14) (CAS No. 93924–07–3) (ASTM D–156) (provided for in subheading 2710.19.90) 5.7% No change No change On or before 12/31/2015 . 1078. Polyvinyl formal resin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.82 Polyvinyl formal resin (vinyl acetate vinyl alcohol divinyl formal polymer) (CAS No. 63148–64–1) (provided for in subheading 3905.99.80) Free No change No change On or before 12/31/2015 . 1079. Tris-2-hydroxyethyl isocyanurate (THEIC) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.83 Tris-2-hydroxyethyl isocyanurate (THEIC) (CAS No. 839–90–7) (provided for in subheading 2933.69.60) Free No change No change On or before 12/31/2015 . 1080. Polyvinyl butyral sheet for use in certain aircraft applications Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.84 Polyvinyl butyral (CAS No. 27360–07–2) sheet for use in high penetration resistance aircraft applications (provided for in subheading 3920.91.00) Free No change No change On or before 12/31/2015 . 1081. Potassium decafluoro(pentafluorethyl) cyclohexanesulfonate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.85 Potassium decafluoro(pentafluorethyl) cyclohexanesulfonate (CAS No. 67584–42–3) (provided for in subheading 2904.90.50) Free No change No change On or before 12/31/2015 . 1082. Allyl bromide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.86 3-Bromopropene (Allyl bromide) (CAS No. 106–95–6) (provided for in subheading 2903.39.20) Free No change No change On or before 12/31/2015 . 1083. Certain single serve coffee makers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.89 Single serve “automatic drip” coffee makers with permanent reusable ground coffee filter (provided for in subheading 8516.71.00) 2.6% No change No change On or before 12/31/2015 . 1084. Certain electric skillets Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.91 Combination electric skillet-waffle baker appliances (provided for in subheading 8516.79.00) Free No change No change On or before 12/31/2015 . 1085. Battery-powered hand-held jar openers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.92 Battery-powered hand-held jar openers (provided for in subheading 8509.80.50) Free No change No change On or before 12/31/2015 . 1086. Battery-powered single-serving ice cream makers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.93 Battery-powered single-serving ice cream makers (provided for in subheading 8509.40.00) Free No change No change On or before 12/31/2015 . 1087. Certain popsicle-type molds Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.94 Popsicle-type molds, with outer shell of plastics containing a liquid core designed to rapidly freeze added juice (provided for in subheading 3924.10.40) Free No change No change On or before 12/31/2015 . 1088. Certain programmable slow cookers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.95 Programmable slow cookers each with thermometer, having a capacity of 4.25 liters or more but not over 5.7 liters (provided for in subheading 8516.79.00) Free No change No change On or before 12/31/2015 . 1089. Certain self-contained, single-element unidirectional (cardioid) dynamic microphones Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.98 Self-contained, single-element unidirectional (cardioid) dynamic microphones, each incorporating a copper coil, neodymium magnet, steel mesh grille and zinc die-cast handle (of zamak 3 or equivalent material), and having a frequency response between 60 Hz to 15 kHz and less than 10 dB deviation across frequency range (provided for in subheading 8518.10.80) Free No change No change On or before 12/31/2015 . 1090. Certain aluminum alloy foil Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.41.99 Aluminum alloy foil, in coils, of alloy 6011, measuring either 0.006 mm or 0.008 mm in thickness and 16 mm or 25 mm in width, suitable for use in the manufacture of window shades (provided for in subheading 7607.19.60) Free No change No change On or before 12/31/2015 . 1091. Certain aluminum alloy profiles Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.01 Aluminum alloy profiles, in coils, of alloy 6011, measuring 50 mm in width, suitable for use in the manufacture of window shades (provided for in subheading 7604.29.10) Free No change No change On or before 12/31/2015 . 1092. Used camshafts and crankshafts for diesel engines Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.02 Used camshafts and crankshafts for diesel engines (provided for in subheading 8483.10.30) Free No change No change On or before 12/31/2015 . 1093. Certain glass fiber rovings Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.03 Glass fiber rovings (other than of a kind used in industry as packing or lubricating materials) with filaments having a specific modulus (calculated using specific weight) of 3.57x10 -6 m and a specific tensile strength of 122,000 m (provided for in subheading 7019.12.00) Free No change No change On or before 12/31/2015 . 1094. Ammonium polyphosphate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.04 Ammonium polyphosphate (CAS No. 68333–79–9) (provided for in subheading 2835.39.50) Free No change No change On or before 12/31/2015 . 1095. Zinc diethylphosphinate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.05 Zinc diethylphosphinate (CAS No. 284685–45–6) (provided for in subheading 2931.90.90) Free No change No change On or before 12/31/2015 . 1096. Photomask blanks Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.06 Photomask blanks, either binary or phase shift, with synthetic quartz substrates, with zero defects greater than 0.5 microns in the photoresist and chromium or phase shift layer (provided for in subheading 3701.99.60) 0.3% No change No change On or before 12/31/2015 . 1097. 5-tert-Butyl-2-[5-(5-tert-butyl-1,3-benzoxazol-2-yl)thiophen-2-yl]-1,3-benzoxazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.07 5-tert-Butyl-2-[5-(5-tert-butyl-1,3-benzoxazol-2-yl)thiophen-2-yl]-1,3-benzoxazole (CAS No. 7128–64–5) (provided for in subheading 3204.20.80) Free No change No change On or before 12/31/2015 . 1098. Uvinul 3039 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.08 2-Ethylhexyl-2-cyano-3,3-diphenylacrylate (Uvinul 3039) (CAS No. 6197–30–4) (provided for in subheading 2926.90.48) Free No change No change On or before 12/31/2015 . 1099. Diphenyl (2,4,6-trimethylbenzoyl) phosphine oxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.09 Diphenyl (2,4,6-trimethylbenzoyl) phosphine oxide (CAS No. 75980–60–8) (provided for in subheading 2931.90.30) Free No change No change On or before 12/31/2015 . 1100. Certain catalytic converter mounting and thermal insulation mats Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.10 Catalytic converter mounting and thermal insulation mats of at least 40% per weight R-glass fiber containing 60% silica, 19% alumina, 10% calcium oxide, and 10% magnesium oxide (within 5% per weight tolerance), said mat being 3 mm or more in thickness, in rolls, designed for diesel commercial vehicles (provided for in subheading 7019.31.00) Free No change No change On or before 12/31/2015 . 1101. Certain bulk container bags Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.11 Bulk container bags made from clear polyethylene strips measuring less than 5 mm in width, the strips being woven and then coated on both sides with white polyethylene forming exterior layers approximately 2 mm in thickness that are visible to the naked eye other than merely by change in color, the foregoing to be used for the shipping of dry, non-hazardous flowable commodities (provided for in subheading 3923.21.00) Free No change No change On or before 12/31/2015 . 1102. 2-Methoxy-4-trifluoromethylpyridine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.12 2-Methoxy-4-trifluoromethylpyridine (CAS No. 219715–34–1) (provided for in subheading 2933.39.61) Free No change No change On or before 12/31/2015 . 1103. 2-Amino-5,7-dimethoxy-1,2,4-triazolo[1,5-a]pyrimidine 9902.42.13 2-Amino-5,7-dimethoxy-1,2,4-triazolo[1,5-a]pyrimidine (CAS No. 13223–43–3) (provided for in subheading 2933.59.95) Free No change No change On or before 12/31/2015 . 1104. Propyzamide and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.14 3,5-dichloro-N-(1,1-dimethylpropynyl) benzamide (Propyzamide) (CAS No. 23950–58–5) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1105. Tebuthiuron Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.15 Urea, N-[5-(1,1-dimethylethyl)-1,3,4-thiadiazol-2-yl]-N,N'-dimethyl (Tebuthiuron) (CAS No. 34014–18–1) (provided for in subheading 2934.99.90) Free No change No change On or before 12/31/2015 . 1106. 4-Ethoxy-1,1,1-trifluoro-3-buten-2-one Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.16 4-Ethoxy-1,1,1-trifluoro-3-buten-2-one (CAS No. 59938–06–6) (provided for in subheading 2914.70.90) Free No change No change On or before 12/31/2015 . 1107. Dichlormid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.17 N,N-Diallyl-2,2-dichloroacetamide (Dichlormid) (CAS No. 37764–25–3) (provided for in subheading 2924.19.80) 1.0% No change No change On or before 12/31/2015 . 1108. (R)–(+)–2–(4-Hydroxyphenoxy)propionic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.18 (R)–(+)–2–(4-Hydroxyphenoxy)propionic acid (CAS No. 94050–90–5) (provided for in subheading 2918.99.43) Free No change No change On or before 12/31/2015 . 1109. 2-Chlorobenzenesulfonyl isocyanate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.19 2-Chlorobenzenesulfonyl isocyanate (CAS No. 64900–65–8) (provided for in subheading 2930.90.29) Free No change No change On or before 12/31/2015 . 1110. Mixtures of Cymoxanil and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.20 Mixtures of 2-cyano-N-[(ethylamino)carbonyl]-2-(methoxyimino)acetamide (Cymoxanil) (CAS No. 57966–95–7) and application adjuvants (provided for in subheading 3808.92.50) Free No change No change On or before 12/31/2015 . 1111. Certain magnetic snap-fasteners Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.21 Magnetic snap-fasteners valued over 20 cents per dozen pieces or parts (provided for in subheading 9606.10.80) Free No change No change On or before 12/31/2015 . 1112. Certain electrothermic appliances designed to brew coffee beverages Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.24 Electrothermic appliances designed to brew cappuccino and/or latte coffee beverages, each with milk frothing capacity with a maximum brewing capacity of 0.71 liters and a maximum unit weight of 3 kg (provided for in subheading 8516.71.00) Free No change No change On or before 12/31/2015 . 1113. Certain sector molds Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.25 Sector molds certified by the importer for use in the production of radial tires designed for off-the-highway use with earthmover or mining vehicles (provided for in subheading 8480.79.90) Free No change No change On or before 12/31/2015 . 1114. 1,3-Isobenzofurandione, 5,5′-sulfonyl bis-, polymer with 4,4′-methylenebis [2,6-dimethylbenzenamine] Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.26 1,3-Isobenzofurandione, 5,5′-sulfonyl bis-, polymer with 4,4′-methylenebis [2,6-dimethylbenzenamine] (CAS No. 182681–50–1) (provided for in subheading 3911.90.45) Free No change No change On or before 12/31/2015 . 1115. Certain AC electric motors of an output exceeding 74.6 W equipped with a capacitor rated not over 4 microfarads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.27 AC electric motors of an output exceeding 74.6 W but not exceeding 105 W, single phase; each equipped with a capacitor rated not over 4 microfarads, a rotary speed control mechanism and a motor mount cooling ring (provided for in subheading 8501.40.40) 1% No change No change On or before 12/31/2015 . 1116. Certain AC electric motors having an output rated at 37.5 W or more but not over 72 W Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.28 AC electric motors having an output rated at 37.5 W or more but not over 72 W, single phase, each equipped with a capacitor, a manual speed control mechanism, a motor mount of plastics and a self-contained gear mechanism for oscillation (provided for in subheading 8501.40.20) 1% No change No change On or before 12/31/2015 . 1117. AC electric motors having an output rated at 37.5 W or more but not over 72 W, single phase, each equipped with a capacitor, a motor mount of plastics, a self-contained gear mechanism for oscillation and a speed control mechanism designed to be operated by means of an infrared remote control Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.29 AC electric motors having an output rated at 37.5 W or more but not over 72 W, single phase, each equipped with a capacitor, a motor mount of plastics, a self-contained gear mechanism for oscillation and a speed control mechanism designed to be operated by means of an infrared remote control (provided for in subheading 8501.40.20) 1% No change No change On or before 12/31/2015 . 1118. Certain AC electric motors of an output exceeding 74.6 W equipped with a capacitor rated over 4 microfarads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.30 AC electric motors having an output rated at 74.6 W or more but not over 115 W, single phase, each equipped with a capacitor rated over 4 microfarads, a rotary speed control mechanism and a motor mount cooling ring (provided for in subheading 8501.40.40) 1% No change No change On or before 12/31/2015 . 1119. Ski poles and parts and accessories thereof Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.31 Ski poles and parts and accessories thereof (provided for in subheading 9506.19.80) Free No change No change On or before 12/31/2015 . 1120. Certain acrylic fiber tow imported in the form of raw white (undyed) filament Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.32 Acrylic fiber tow containing by weight 85 percent or more of acrylonitrile units and 35 percent or more of water, imported in the form of raw white (undyed) filament with an average filament measure of 2 or more but not over 5 decitex per filament and length greater than 2 meters (provided for in subheading 5501.30.00) Free No change No change On or before 12/31/2015 . 1121. Phosphor blend of Yttrium Oxide doped with Europium and Lanthanum Phosphate luminophores Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.33 A Phosphor blend of Yttrium Oxide doped with Europium and Lanthanum Phosphate luminophores (CAS Nos. 13778–59–1, 13454–71–2, 68585–82–0 and 13863–48–4 or 95823–34–0) (provided for in subheading 3206.50.00) Free No change No change On or before 12/31/2015 . 1122. Lanthanum phosphate phosphor, activated by cerium and terbium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.34 Lanthanum phosphate phosphor, activated by cerium and terbium, of a kind used as luminophores (CAS Nos. 13778–59–1, 13454–71–2 and 13863–48–4 or 95823–34–0) (provided for in subheading 3206.50.00) 0.8% No change No change On or before 12/31/2015 . 1123. Phosphor blends of yttrium oxide doped with europium, cerium aluminate doped with terbium, and barium aluminate doped with europium of a kind used as luminophores Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.35 Phosphor blends of yttrium oxide doped with europium, cerium aluminate doped with terbium, and barium aluminate doped with europium of a kind used as luminophores (CAS Nos. 102110–17–8, 102110–19–0, and 68585–82–0) (provided for in subheading 3206.50.00) Free No change No change On or before 12/31/2015 . 1124. Chromate(4-), [7-amino-3-[(3-chloro-2-hydroxy-5-nitrophenyl)azo]-4-hydroxy-2-naphthalenesulfonato(3-)][6-amino-4-hydroxy-3-[(2-hydroxy-5-nitro-3-sulfophenyl)azo]-2-naphthalenesulfonato(4-)]-, tetrasodium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.36 Chromate(4-), [7-amino-3-[(3-chloro-2-hydroxy-5-nitrophenyl)azo]-4-hydroxy -2-naphthalenesulfonato(3-)][6-amino-4- hydroxy-3-[(2-hydroxy 5 -nitro-3-sulfophenyl)azo]-2-naphthalenesulfonato(4-)]-, tetrasodium (CAS No. 184719–87–7) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1125. Pigment Orange 62 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.37 N-(2,3-Dihydro-2-oxo-1H-benzimidazol-5-yl)-2-[2-(4-nitrophenyl)diazenyl]-3-oxobutanamide (Pigment Orange 62) (CAS No. 52846–56–7) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1126. 2-Butyne-1,4-diol, polymer with (chloromethyl)oxirane, brominated, dehydrochlorinated, methoxylated and triethyl phosphate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.38 2-butyne-1,4-diol, polymer with (chloromethyl)oxirane, brominated, dehydrochlorinated, methoxylated (CAS No. 68441–62–3) and triethyl phosphate (CAS No. 78–40–0) (provided for in subheading 3907.20.00) Free No change No change On or before 12/31/2015 . 1127. Dianil Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.39 2,5-Cyclohexadiene-1,4-dione-2,5-dichloro-3,6-bis[(9-ethyl-9H-carbazol-3-yl)amino] (Dianil) (CAS No. 80546–37–8) (provided for in subheading 2933.99.79) Free No change No change On or before 12/31/2015 . 1128. Amino ethyl carbazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.40 3-Amino-N-ethylcarbazole (amino ethyl carbazole) (CAS No. 132–32–1) (provided for in subheading 2933.99.82) Free No change No change On or before 12/31/2015 . 1129. Himic anhydride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.41 Himic anhydride (CAS No. 826–62–0) (provided for in subheading 2917.20.00) Free No change No change On or before 12/31/2015 . 1130. Poly(oxy-1,2-ethandiyl), α-[(2Z)-3-carboxy-1-oxo-2-propenyl]-ω-hydroxy-, C9-11-alkyl ethers; fatty acids, tall oil, reaction products with polyethylene polyamines; maleic acid; and 3,6,9,12- tetraazatetradecane-1,14-diamine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.42 Poly(oxy-1,2-ethandiyl), α-[(2Z)-3-carboxy-1-oxo-2-propenyl]-ω-hydroxy-, C9-11-alkyl ethers (CAS No. 709014–50–6); fatty acids, tall oil, reaction products with polyethylene polyamines (CAS No. 68910–93–0); maleic acid (CAS No.110–16–7); and 3,6,9,12- tetraazatetradecane-1,14-diamine (CAS No. 4067–16–7) (provided for in subheading 3402.90.50) Free No change No change On or before 12/31/2015 . 1131. Mixtures of fatty acids, C12-21 and C18-unsatd., 2,2,6,6-tetramethyl-4-piperidol esters and polyethylene or polypropylene or 3,5-di-tert-butyl-4-hydroxybenzoic acid, hexadecyl ester Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.43 Mixtures of Fatty Acids, C12-21 and C18-unsatd., 2,2,6,6-tetramethyl-4-piperidol esters (CAS No. 167078–06–0) and polyethylene (CAS No. 9002–88–4); polypropylene (CAS No. 9003–07–0); or 3,5-di-tert-butyl-4-hydroxybenzoic acid, hexadecyl ester (CAS No. 67845–93–6) (provided for in subheading 3812.30.60 or 3812.30.90) Free No change No change On or before 12/31/2015 . 1132. 4-Chloro-1,8-naphthalic anhydride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.44 4-Chloro-1,8-naphthalic anhydride (CAS No. 4053–08–1) (provided for in subheading 2917.39.30) Free No change No change On or before 12/31/2015 . 1133. Synthetic silica gel Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.45 Synthetic silica gel (CAS No. 7631–86–9) (provided for in subheading 2811.22.10) 2.6% No change No change On or before 12/31/2015 . 1134. Neopentylglycol mono(hydroxypivalate) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.46 Neopentylglycol mono(hydroxypivalate) (CAS No. 1115–20–4) (provided for in subheading 2918.19.90) Free No change No change On or before 12/31/2015 . 1135. Certain molded parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.47 Molded parts suitable for use solely or principally with the apparatus of headings 8535, 8536, or 8537, with metal contacts (provided for in subheading 8538.90.60) 3.2% No change No change On or before 12/31/2015 . 1136. Ethylhexylglycerin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.48 3-(2-Ethylhexyloxy)propane-1,2-diol (Ethylhexylglycerin) (CAS No. 70445–33–9) (provided for in subheading 2909.49.20) Free No change No change On or before 12/31/2015 . 1137. Linsitinib Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.49 cis-3-[8-Amino-1-(2-phenylquinolin-7-yl)imidazo[1,5-a]pyrazin-3-yl]-1-methylcyclobutanol (Linsitinib) (CAS No. 867160–71–2) (provided for in subheading 2933.49.26) Free No change No change On or before 12/31/2015 . 1138. Poly(4-(1-isobutoxyethoxy)styrene-co-4-hydroxystyrene) dissolved in 2-methoxypropyl-1-acetate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.50 Poly(4-(1-isobutoxyethoxy)styrene-co-4-hydroxystyrene) (CAS No. 199432–82–1) dissolved in 2-methoxypropyl-1-acetate (CAS No. 70657–70–4) (provided for in subheading 3903.90.50) Free No change No change On or before 12/31/2015 . 1139. Placebos to be used in clinical trials for the drug ASP2408 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.51 Placebos, composed of potassium phosphate, potassium hydroxide, sucrose, and polysorbate 80, to be used in clinical trials for the drug ASP2408 (provided for in subheading 3824.90.92) Free No change No change On or before 12/31/2015 . 1140. Placebos to be used in clinical trials for the drug ASP0777 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.52 Placebos, in oral tablet form, composed of D-mannitol, sodium starch glycolate, magnesium stearate, and OPADRY 03K42254 (Yellow) (consisting of hypromellose 6cP, titanium dioxide, talc, triacetin, and ferric oxide (Yellow)), to be used in clinical drug trials for the drug ASP0777 (provided for in subheading 2106.90.99) Free No change No change On or before 12/31/2015 . 1141. 3-(1-Bromo-8-chloroimidazo[1,5-a]pyrazin-3-yl)cyclobutanone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.53 3-(1-Bromo-8-chloroimidazo[1,5-a]pyrazin-3-yl)cyclobutanone (CAS No. 936901–73–4) (provided for in subheading 2933.99.97) Free No change No change On or before 12/31/2015 . 1142. Certain macroporous absorbent polymers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.54 Macroporous absorbent polymer composed of crosslinked phenol-formaldehyde polycondensate resin in granular form having a mean particle size of 0.56 to 0.76 millimeters (CAS No. 9003–35–4) (provided for in subheading 3909.40.00) Free No change No change On or before 12/31/2015 . 1143. 4-(1-Ethoxyethoxy) styrene-4-(t-butylcarbonyloxy) styrene-4-hydroxystyrene copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.55 4-(1-Ethoxyethoxy) styrene-4-(t-butylcarbonyloxy) styrene-4-hydroxystyrene copolymer (CAS No. 177034–75–2) (provided for in subheading 3903.90.50) Free No change No change On or before 12/31/2015 . 1144. Placebos, composed of sodium L-glumate, D-sorbitol, and polysorbate 80, to be used in clinical trials for the drug ASKP1240 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.56 Placebos, composed of sodium L-glumate, D-sorbitol, and polysorbate 80, to be used in clinical trials for the drug ASKP1240 (provided for in subheading 2106.90.99) Free No change No change On or before 12/31/2015 . 1145. Fluxapyroxad Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.57 3-(Difluoromethyl)-1-methyl-N-(3′,4′,5′-trifluorobiphenyl-2-yl)pyrazole-4-carboxamide (Fluxapyroxad) (CAS No. 907204–31– 3) (provided for subheading 2933.19.37) 6.1% No change No change On or before 12/31/2015 . 1146. Topramazone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.58 [3-(4,5-Dihydro-1,2-oxazol-3-yl)-4-mesyl-o-tolyl](5-hydroxy-1-methylpyrazol-4-yl)methanone (Topramazone) (CAS No. 210631–68–8) (provided for in subheading 2934.99.15) 3.5% No change No change On or before 12/31/2015 . 1147. Metconazole and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.59 (1RS,5RS;1RS,5SR)-5-(4-chlorobenzyl)-2,2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol (Metconazole) (CAS No. 125116–23–6) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1148. Solder spheres containing 2 percent or more, by weight, of silver Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.60 Solder spheres containing 2 percent or more, by weight, of silver (provided for in subheading 7115.90.40) Free No change No change On or before 12/31/2015 . 1149. Certain centrifugal fans and blowers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.62 DC centrifugal fans and blowers, with a voltage of 12 V or more but not exceeding 350 V, delivering at least approximately 5663.4 liters (200 cubic feet) per minute of air flow, having an impeller diameter not exceeding 310 mm, other than for use in motor vehicles (provided for in subheading 8414.59.60) Free No change No change On or before 12/31/2015 . 1150. Power supplies with a power output exceeding 150 W but not exceeding 500 W Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.63 Power supplies with a power output exceeding 150 W but not exceeding 500 W (provided for in subheading 8504.40.95) 0.9% No change No change On or before 12/31/2015 . 1151. Certain DC axial fans Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.64 DC axial fans, rated at 12 V, square or approximately square in shape with the height and width in sizes of 40 mm, 60 mm, 80 mm or 120 mm, other than for use on motor vehicles (provided for in subheading 8414.59.60) Free No change No change On or before 12/31/2015 . 1152. Lead-acid storage 12-volt batteries Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.65 Lead-acid storage 12-volt batteries (provided for in subheading 8507.20.80) 3.3% No change No change On or before 12/31/2015 . 1153. Microscopes (other than optical microscopes) and diffraction apparatus Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.66 Microscopes (other than optical microscopes) and diffraction apparatus (provided for in subheading 9012.10.00) 3.2% No change No change On or before 12/31/2015 . 1154. Parts and accessories of microscopes (other than optical) and diffraction apparatus Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.67 Parts and accessories of microscopes (other than optical) and diffraction apparatus (provided for in subheading 9012.90.00) 3.7% No change No change On or before 12/31/2015 . 1155. Certain insulated wire and cable Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.68 Insulated wire and cable, fitted with connectors, for a voltage not exceeding 80V (provided for in subheading 8544.42.90) 2% No change No change On or before 12/31/2015 . 1156. Rack-based power distribution units (PDUs) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.69 Rack-based power distribution units (PDUs) (provided for in subheading 8537.10.90) 2.3% No change No change On or before 12/31/2015 . 1157. Dry nickel-metal hydride batteries of either 3.6 V or 4.8 V Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.70 Dry nickel-metal hydride batteries of either 3.6 V or 4.8 V (provided for in subheading 8507.50.00) 2.9% No change No change On or before 12/31/2015 . 1158. Lead-acid storage batteries of 60 V Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.71 Lead-acid storage batteries of 60 V (provided for in subheading 8507.20.80) 2% No change No change On or before 12/31/2015 . 1159. Metconazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.72 (1RS,5RS,1RS,5SR)-5-(4-chlorobenzyl)-2,2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol (Metconazole) (CAS No. 125116–23–6) (provided for in subheading 2933.99.22) 5.4% No change No change On or before 12/31/2015 . 1160. Dimethomorph Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.73 4-[3-(4-chlorophenyl)-3-(3,4-dimethoxyphenyl)-1-oxo-2-propenyl]morpholine (Dimethomorph) (CAS No. 110488–70–5) (provided for in subheading 2934.99.12) Free No change No change On or before 12/31/2015 . 1161. Boscalid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.74 2-Chloro-N-(4′-chlorobiphenyl-2-yl)nicotinamide (Boscalid) (CAS No. 188425–85–6) (provided for in subheading 2933.39.21) 4.9% No change No change On or before 12/31/2015 . 1162. Certain fungicide for use in controlling diseases in fruit and vegetable crops Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.75 Fungicide for use in controlling diseases in fruit and vegetable crops containing mixtures of at least 20 percent by weight polypeptide β-conglutin derived from Lupinus albus, at least 30 percent by weight water (CAS No. 7732–18–5), and other inactive ingredients (provided for in subheading 3808.92.50) 3.7% No change No change On or before 12/31/2015 . 1163. Certain extrusion presses Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.76 Extrusion presses for use in the manufacture of wire of lead intended for use in the production of ammunition, such presses with pressure ratings of 400 t or more but not over 700 t (provided for in subheading 8462.91.80) Free No change No change On or before 12/31/2015 . 1164. Sethoxydim Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.77 (5RS)-2-[(EZ)-1-(ethoxyimino)butyl]-5-[(2RS)-2-(ethylthio)propyl]-3-hydroxycyclohex-2-en-1-one (Sethoxydim) (CAS No. 74051–80–2) (provided for in subheading 3808.93.05) Free No change No change On or before 12/31/2015 . 1165. Orthosulfamuron Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.78 1-(4,6-Dimethoxypyrimidin–2-yl)-3-[2-(dimethylcarbamoyl)phenylsufamoyl]urea (Orthosulfamuron) (CAS No. 213464–77–8) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1166. Sedaxane Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.79 N-[2-[1,1′-Bicyclopropyl]-2-ylphenyl]-3-(difluoromethyl)-1-methyl-1H-pyrazole-4-carboxamide (Sedaxane) (CAS No. 874967–67–6) (provided for in subheading 2933.19.23) Free No change No change On or before 12/31/2015 . 1167. 2-Ethyl-N-[(1S)-2-methoxy-1-methylethyl]-6-methylaniline Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.80 2-Ethyl-N-[(1S)-2-methoxy-1-methylethyl]-6-methylaniline (CAS No. 118604–70–9) (provided for in subheading 2922.19.60) 2.8% No change No change On or before 12/31/2015 . 1168. Modified vinylchloride-hydroxypropylacrylate copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.81 Modified vinylchloride-hydroxypropylacrylate copolymer (CAS No. 114653–42–8) (provided for in subheading 3904.40.00) Free No change No change On or before 12/31/2015 . 1169. Vinyl chloride-hydroxypropyl acrylate copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.82 Vinyl chloride-hydroxypropyl acrylate copolymer (CAS No. 53710–52–4) (provided for in subheading 3904.40.00) Free No change No change On or before 12/31/2015 . 1170. Vinyl acetate-alkeneoic acid copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.83 Vinyl acetate-alkeneoic acid copolymer (CAS No. 25609–89–6) (provided for in subheading 3905.29.00) Free No change No change On or before 12/31/2015 . 1171. Diacid modified vinyl acetate-vinyl chloride copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.84 Diacid modified vinyl acetate-vinyl chloride copolymer (CAS No. 28086–69–3) (provided for in subheading 3904.40.00) Free No change No change On or before 12/31/2015 . 1172. Polyvinylacetate for use in food Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.85 Polyvinylacetate for use in food (CAS No. 9003–20–7) (provided for in subheading 3905.19.00) Free No change No change On or before 12/31/2015 . 1173. Acrylate modified vinyl acetate-vinyl chloride copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.86 Acrylate modified vinyl acetate-vinyl chloride copolymer (CAS No. 32650–26–3) (provided for in subheading 3904.40.00) Free No change No change On or before 12/31/2015 . 1174. Vinylacetate-vinylchloride copolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.87 Vinylacetate-vinylchloride copolymer (CAS No. 9003–22–9) (provided for in subheading 3904.40.00) Free No change No change On or before 12/31/2015 . 1175. Synthetic and natural beta carotenes Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.88 Synthetic and natural beta carotenes (CAS No. 7235–40–7) (provided for in subheading 3204.19.35) Free No change No change On or before 12/31/2015 . 1176. Chlorophyllin-copper complex Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.89 Chlorophyllin-copper complex (CAS No. 11006–34–1) (provided for in subheading 2942.00.50) Free No change No change On or before 12/31/2015 . 1177. Basic Red 51 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.90 2-[((4-Dimethylamino)phenyl)azo]-1,3-dimethyl-1H-imidazolium (Basic Red 51) (CAS No. 12270–25–6) (provided for in subheading 3204.13.80) Free No change No change On or before 12/31/2015 . 1178. 2-Aminotoluene-5-sulfonic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.91 2-Aminotoluene-5-sulfonic acid (CAS No. 98–33–9) (provided for in subheading 2921.43.90) Free No change No change On or before 12/31/2015 . 1179. 1-Amino-2,6-dimethyl-benzene (2,6-xylidine) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.92 1-Amino-2,6-dimethyl-benzene (2,6-xylidine) (CAS No. 87–62–7) (provided for in subheading 2921.49.50) Free No change No change On or before 12/31/2015 . 1180. p-Aminobenzoic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.93 p-Aminobenzoic acid (CAS No. 150–13–0) (provided for in subheading 2922.49.10) Free No change No change On or before 12/31/2015 . 1181. Solvent Violet 13 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.94 9,10-Anthracenedione,1-hydroxy-4-[(4-methylphenyl)amino] (Solvent Violet 13) (CAS No. 81–48–1) (provided for in subheading 3204.19.20) Free No change No change On or before 12/31/2015 . 1182. Solvent Violet 11 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.95 9,10-Anthracenedione, 1,4-diamino (Solvent Violet 11) (CAS No. 128–95–0) (provided for in subheading 3204.11.25) Free No change No change On or before 12/31/2015 . 1183. 2-Amino-3-cyanothiophene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.96 2-Amino-3-cyanothiophene (CAS No. 4651–82–5) (provided for in subheading 2934.99.90) Free No change No change On or before 12/31/2015 . 1184. Disperse Yellow 241 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.97 3-Pyridinecarbonitrile, 5-[2-(3,4-dichlorophenyl)diazenyl]-1,2-dihydro-6-hydroxy-1,4-dimethyl-2-oxo- (Disperse Yellow 241) (CAS No. 83249–52–9) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1185. S-ethyl dipropyl(thiocarbamate) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.98 S-ethyl dipropyl(thiocarbamate) (EPTC) (CAS No. 759–94–4) (provided for in subheading 2930.20.90) Free No change No change On or before 12/31/2015 . 1186. Mixtures containing Fenazaquin and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.42.99 Mixtures containing 4-tert-butylphenethyl quinazolin-4-yl ether (Fenazaquin) (CAS No. 120928–09–8) and application adjuvants (provided for in subheading 3808.91.25) Free No change No change On or before 12/31/2015 . 1187. Phosmet Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.01 O,O-dimethyl S-phthalimidomethyl phosphorodithioate (Phosmet) (CAS No. 732–11–6) (provided for in subheading 2930.90.10) Free No change No change On or before 12/31/2015 . 1188. Zoxamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.02 (RS)-3,5-dichloro-N-(3-chloro-1-ethyl-1-methyl-2-oxopropyl)-p-toluamide (Zoxamide) (CAS No. 156052–68–5) (provided for in subheading 2924.29.47) Free No change No change On or before 12/31/2015 . 1189. Mixtures containing Azadirachtin A Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.03 Mixtures containing Dimethyl (2aR,3S,4S, 4aR,5S,7aS,8S,10R, 10aS,10bR)‑10-acetoxy-3,5-dihydroxy-4- [(1aR,2S,3aS,6aS,7S,7aS)‑6a-hydroxy-7a-methyl-3a, 6a,7,7a-tetrahydro-2,7‑methanofuro[2,3-b]oxireno [e]oxepin-1a(2H)-yl]‑4- methyl-8-{[(2E)-2‑methylbut-2-enoyl]oxy} octahydro-1H-naphtho [1,8a-c:4,5-b′c′]difuran‑5,10a(8H)-dicarboxylate (Azadirachtin A) (CAS No. 11141–17–6) (provided for in subheading 3808.91.50) Free No change No change On or before 12/31/2015 . 1190. 2-Hydroxy-2-methyl-1-phenyl-1-propanone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.04 2-Hydroxy-2-methyl-1-phenyl-1-propanone (CAS No. 7473–98–5) (provided for in subheading 2914.40.40) Free No change No change On or before 12/31/2015 . 1191. Reactive Red 264 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.05 2,7-Naphthalenedisulfonic acid, 5-[[4-chloro-6-[[2-[[4-chloro-6-[[7-[[4-(ethenylsulfonyl)phenyl]azo]-8-hydroxy-3,6-disulfo-1-naphthalenyl]amino]-1,3,5-triazin-2-yl]amino]ethyl](2-hydroxyethyl)amino]-1,3,5-triazin-2-yl]amino]-3-[[4-(ethenylsulfonyl)phenyl]azo]-4-hydroxy-, sodium salt (Reactive Red 264) (CAS No. 171599–85–2) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1192. Ethanone, 2,2-dimethoxy-1,2-diphenyl- Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.06 Ethanone, 2,2-dimethoxy-1,2-diphenyl- (CAS No. 24650–42–8) (provided for in subheading 2914.50.30) Free No change No change On or before 12/31/2015 . 1193. Reactive Red 267 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.07 1,4-Benzenedisulfonic acid, 2,2′-[(1-methyl-1,2-ethanediyl)bis[imino(6-fluoro-1,3,5-triazine-4,2-diyl)imino(1-hydroxy-3-sulfo-6,2-naphthalenediyl)azo]]bis[5-methoxy-, sodium salt (Reactive Red 267) (CAS No. 155522–07–9) (provided for in subheading 3204.16.30) Free No change No change On or before 12/31/2015 . 1194. 1-Hydroxycyclohexyl phenyl ketone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.08 1-Hydroxycyclohexyl phenyl ketone (CAS No. 947–19–3) (provided for in subheading 2914.40.40) Free No change No change On or before 12/31/2015 . 1195. 2,4-Bis(2-hydroxy-4-butyloxyphenyl)-6-(2,4-bis-butyloxyphenyl)-1,3,5-triazine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.09 2,4-Bis(2-hydroxy-4-butyloxyphenyl)-6-(2,4-bis-butyloxyphenyl)-1,3,5-triazine (CAS No. 208343–47–9) (provided for in subheading 2933.69.60) Free No change No change On or before 12/31/2015 . 1196. Mixtures of 2-[4-[(2-hydroxy-3-dodecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5-triazine and 2-[4-[(2-hydroxy-3-tridecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5- triazine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.10 Mixtures of 2-[4-[(2-hydroxy-3-dodecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5-triazine (CAS No. 178905–31–2) and 2-[4-[(2-hydroxy-3-tridecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5- triazine (CAS No. 178905–32–3) (provided for in subheading 3812.30.60) Free No change No change On or before 12/31/2015 . 1197. Phosphine oxide, phenylbis(2,4,6-trimethylbenzoyl)- Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.11 Phosphine oxide, phenylbis(2,4,6-trimethylbenzoyl)- (CAS No. 162881–26–7) (provided for in subheading 2931.90.30) Free No change No change On or before 12/31/2015 . 1198. 1-Propanone, 2-methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)- Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.12 1-Propanone, 2-methyl-1-[4-(methylthio)phenyl]-2-(4-morpholinyl)- (CAS No. 71868–10–5) (provided for in subheading 2934.99.39) Free No change No change On or before 12/31/2015 . 1199. Bromacil Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.13 5-Bromo-3-sec-butyl-6-methyluracil (Bromacil) (CAS No. 314–40–9) (provided for in subheading 2933.59.18) Free No change No change On or before 12/31/2015 . 1200. Propanoic acid, 2-bromo-, octyl ester, branched, reaction products with 4,4,4-(1,3,5-triazine-2,4,6-triyl)tris(1,3-benzenediol) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.14 Propanoic acid, 2-bromo-, octyl ester, branched, reaction products with 4,4,4-(1,3,5-triazine-2,4,6-triyl)tris(1,3-benzenediol) (CAS No. 446824–06–2) (provided for in subheading 3812.30.90) Free No change No change On or before 12/31/2015 . 1201. Dimethyl 2,3,5,6-tetrachlorobenzene-1,4-dicarboxylate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.15 Dimethyl 2,3,5,6-tetrachlorobenzene-1,4-dicarboxylate (CAS No. 1861–32–1) (provided for in subheading 2917.39.70) 4.6% No change No change On or before 12/31/2015 . 1202. Pigment Orange 74 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.16 2-Naphthalenecarboxamide, N-(4-chlorophenyl)-4-(2-(2,5-dichloro-4-((dimethylamino)sulfonyl) phenyl)diazenyl)-3-hydroxy- (Pigment Orange 74) (CAS No. 85776–14–3) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1203. S-(2-Benzothiazolyl)-2-(2-amino-thiazol-4-yl)-2-acetoxyiminothioace Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.17 S-(2-Benzothiazolyl)-2-(2-amino-thiazol-4-yl)-2-acetoxyiminothioacetate (CAS No. 104797–47–9) (provided for in subheading 2934.20.40) Free No change No change On or before 12/31/2015 . 1204. 2-(2-Hydroxy-3′,5′-di-tert-amylphenyl)benzotriazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.20 2-(2-Hydroxy-3′,5′-di-tert-amylphenyl)benzotriazole (CAS No. 25973–55–1) (provided for in subheading 2933.99.79) Free No change No change On or before 12/31/2015 . 1205. Butanedioic acid, dimethyl ester, polymer with 4-hydroxy- 2,2,6,6,-tetramethyl-1-piperidineethanol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.21 Butanedioic acid, dimethyl ester, polymer with 4-hydroxy- 2,2,6,6,-tetramethyl-1-piperidineethanol (CAS No. 65447–77–0) (provided for in subheading 3907.99.01) Free No change No change On or before 12/31/2015 . 1206. p-Nitrobenzoyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.22 p-Nitrobenzoyl chloride (CAS No. 122–04–3) (provided for in subheading 2916.39.03) Free No change No change On or before 12/31/2015 . 1207. 2-(2H-Benzotriazol-2-yl)-4,6-bis(1-methyl-1-phenylethyl)phenol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.23 2-(2H-Benzotriazol-2-yl)-4,6-bis(1-methyl-1-phenylethyl)phenol (CAS No. 70321–86–7) (provided for in subheading 2933.99.79) Free No change No change On or before 12/31/2015 . 1208. Pentaerythritol Tetrakis[3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate] Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.24 Pentaerythritol Tetrakis[3-(3,5-di-tert-butyl-4-hydroxyphenyl)propionate] (CAS No. 6683–19–8) (provided for in subheading 2918.29.75) Free No change No change On or before 12/31/2015 . 1209. N-[1,3-bis(hydroxymethyl)-2,5-dioxo-4-imidazolidinyl]-N,N′-bis(hydroxymethyl)urea Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.25 N-[1,3-bis(hydroxymethyl)-2,5-dioxo-4-imidazolidinyl]-N,N′-bis(hydroxymethyl)urea (CAS No. 78491–02–8) (provided for in subheading 2933.29.90) Free No change No change On or before 12/31/2015 . 1210. 1,3-Bis(3-methyl-2,5-dioxo-1H-pyrrolinylmethyl)benzene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.26 1,3-Bis(3-methyl-2,5-dioxo-1H-pyrrolinylmethyl)benzene (CAS No. 119462–56–5) (provided for in subheading 2925.19.42) Free No change No change On or before 12/31/2015 . 1211. 2,2′-Dithiobisbenzothiazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.27 2,2′-Dithiobisbenzothiazole (CAS No. 120–78–5) (provided for in subheading 2934.20.10) 1.4% No change No change On or before 12/31/2015 . 1212. Benzoyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.28 Benzoyl chloride (CAS No. 98–88–4) (provided for in subheading 2916.32.20) 2.1% No change No change On or before 12/31/2015 . 1213. Poly(1-hydroxynaphthylmethane) resin in alkaline solution Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.29 Poly(1-hydroxynaphthylmethane) resin in alkaline solution (CAS No. 25359–91–5) (provided for in subheading 3909.40.00) Free No change No change On or before 12/31/2015 . 1214. A polymeric ultraviolet light absorber consisting of certain mixtures Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.30 A polymeric ultraviolet light absorber consisting of mixtures of α-(3-(3-(2H-Benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl)-1-oxopropyl)-ω-hydroxy-poly(oxy-1,2-ethanediyl) (CAS No. 104810–48–2); α-(3-(3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl)-1-oxopropyl)-ω-(3-(3-(2H-benzotriazol-2-yl)-5-(1,1-dimethylethyl)-4-hydroxyphenyl)-1-oxopropoxy)-poly(oxy-1,2-ethanediyl) (CAS No. 104810–47–1); and polyethylene glycol (CAS No. 25322–68–3) (provided for in subheading 3907.20.00) Free No change No change On or before 12/31/2015 . 1215. Phenol, 2,4–bis(1,1-dimethylethyl)-, phosphite (3:1) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.31 Phenol, 2,4–bis(1,1-dimethylethyl)-, phosphite (3:1) (CAS No. 31570–04–4) (provided for in subheading 2920.90.20) Free No change No change On or before 12/31/2015 . 1216. 2,4-Dihydroxybenzophenone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.43.32 2,4-Dihydroxybenzophenone (CAS No. 131–56–6) (provided for in subheading 2914.50.30) Free No change No change On or before 12/31/2015 . 1217. Cyclopentylpropionyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.01 Cyclopentylpropionyl chloride (CAS No. 104–97–2) (provided for in subheading 2916.20.50) Free No change No change On or before 12/31/2015 . 1218. Cyanamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.02 Cyanamide (CAS No. 420–04–2) (provided for in subheading 2853.00.00) Free No change No change On or before 12/31/2015 . 1219. Diethylaminoethyl-dextran Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.03 Diethylaminoethyl-dextran (CAS No. 9015–73–0) (provided for in subheading 3913.90.20) Free No change No change On or before 12/31/2015 . 1220. 3-Phthalimidopropionaldehyde Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.04 3-Phthalimidopropionaldehyde (CAS No. 2436–29–5) (provided for in subheading 2925.19.42) Free No change No change On or before 12/31/2015 . 1221. trans-Cinnamic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.05 trans-Cinnamic acid (CAS No. 140–10–3) (provided for in subheading 2916.39.06) Free No change No change On or before 12/31/2015 . 1222. 1-(1-benzyl-1H-imidazol-2-YL)-1-(2,3-dimethylphenyl) ethanol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.06 1-(1-benzyl-1H-imidazol-2-YL)-1-(2,3-dimethylphenyl) ethanol (CAS No. 944268–66–0) (provided for in subheading 2933.29.35) Free No change No change On or before 12/31/2015 . 1223. Certain pasta-making parts designed for use on electromechanical domestic stand food mixers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.07 Pasta-making parts designed for use on electromechanical domestic stand food mixers, such parts of steel (whether or not coated or plated with nickel or chrome), the foregoing including pasta rollers or cutters (provided for in subheading 8509.90.55) 2.4% No change No change On or before 12/31/2015 . 1224. Certain electromechanical domestic food processors Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.08 Electromechanical domestic food processors, each with self-contained DC electric motor with a minimum of two speeds, the foregoing having removable utility disks or blades and sealable clear plastic work bowl, whether or not such appliance is presented with additional bowls (provided for in subheading 8509.40.00) 1.0% No change No change On or before 12/31/2015 . 1225. Certain electromechanical food choppers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.09 Electromechanical food choppers with self-contained electric motor, each having a clear plastic work bowl of a capacity greater than 0.7 liter but not exceeding 0.9 liter and with removable clear plastic lid, such lid containing one control button for chopping and one control button for pureeing and designed to interlock with the work bowl (provided for in subheading 8509.40.00) Free No change No change On or before 12/31/2015 . 1226. Certain coffee makers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.10 Electrothermic automatic drip coffee makers with separate carafe, the foregoing capable of brewing multiple servings and incorporating a removable water tank with a handle (provided for in subheading 8516.71.00) Free No change No change On or before 12/31/2015 . 1227. Certain toasters Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.11 Toasters, each having a removable crumb tray, the foregoing having painted metal side walls and a stainless steel overlay covering the top and end walls (provided for in subheading 8516.72.00) Free No change No change On or before 12/31/2015 . 1228. Certain handheld electromechanical food and beverage blending devices Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.12 Handheld electromechanical food and beverage blending devices, each powered by a self-contained DC electric motor and with synthetic rubber handle and removable stainless steel blending arm (provided for in subheading 8509.40.00) Free No change No change On or before 12/31/2015 . 1229. Mixtures containing Thiencarbazone-methyl, isoxaflutole, and cyprosulfamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.13 Mixtures containing methyl 4-({[(3-methoxy-4-methyl-5-oxo-4,5-dihydro-1H-1,2,4-triazol-1-yl)carbonyl]-amino}sulfonyl)-5-methylthiophene-3-carboxylate (Thiencarbazone-methyl) (CAS No. 317815–83–1) and 5-cyclospropyl-4-(2-methylsulfonyl-4-trifluoromethylbenxoyl)-isoxazole (isoxaflutole) (CAS No. 141112–29–0) and N-({4-[(cyclopropylamino)-carbonyl]phenyl}-sulfonyl)-2-methoxybenzamide) (cyprosulfamide) (CAS No. 221667–31–8), including application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1230. Parts of frames and mountings for spectacles, goggles or the like Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.14 Parts of frames and mountings for spectacles, goggles or the like (provided for in subheading 9003.90.00) 1.0% No change No change On or before 12/31/2015 . 1231. Lenses designed for digital cameras with focal length 55 mm or more but not over 300 mm and over 255.2 g but not exceeding 615 g in weight Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.15 Lenses designed for digital cameras, the foregoing with focal length 55 mm or more but not over 300 mm, over 255.2 g but not exceeding 615 g in weight (provided for in subheading 9002.11.90) Free No change No change On or before 12/31/2015 . 1232. Certain instant print film for analog photography Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.16 Instant print film in flat form for color (polychrome) analog photography, sensitized, unexposed, the foregoing of a kind used in mirrored reflex cameras for frontal exposure on a negative base (provided for in subheading 3701.20.00) Free No change No change On or before 12/31/2015 . 1233. Cyflufenamid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.17 (Z)-N-[α-(Cyclopropylmethoxyimino)-2,3-difluoro-(6-trifluoromethyl)benzyl]-2-phenylacetamide (Cyflufenamid) (CAS No. 180409–60–3) (provided for in subheading 2928.00.25) Free No change No change On or before 12/31/2015 . 1234. Thiourea dioxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.18 Thiourea dioxide (CAS No. 1758–73–2) (provided for in subheading 2930.90.49) Free No change No change On or before 12/31/2015 . 1235. Sodium ferrocyanide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.19 Sodium ferrocyanide (CAS No. 13601–19–9) (provided for in subheading 2837.20.51) Free No change No change On or before 12/31/2015 . 1236. Frames and mountings for spectacles, goggles, or the like, the foregoing of plastics Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.20 Frames and mountings for spectacles, goggles or the like, the foregoing of plastics (provided for in subheading 9003.11.00) 2.4% No change No change On or before 12/31/2015 . 1237. Melamine-formaldehyde resin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.21 Melamine-formaldehyde resin (CAS No. 9003–08–1) (provided for in subheading 3909.20.00) Free No change No change On or before 12/31/2015 . 1238. Formaldehyde, polymer with methylphenol, 2-hydroxy-3-[(1-oxo-2-propenyl)oxy]propyl ether and formaldehyde, polymer with (chloromethyl)oxirane and methylphenol, 4-cyclohexene-1,2-dicarboxylate 2-propenoate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.22 Formaldehyde, polymer with methylphenol, 2-hydroxy-3-[(1-oxo-2-propenyl)oxy]propyl ether (CAS No. 126901–56–2); and formaldehyde, polymer with (chloromethyl)oxirane and methylphenol, 4-cyclohexene-1,2-dicarboxylate 2-propenoate (CAS No. 182697–62–7) (provided for in subheading 3907.30.00) Free No change No change On or before 12/31/2015 . 1239. 2-Propenoic acid, reaction products with o-cresol-epichlorohydrin-formaldehyde polymer and 3a,4,7,7a-tetrahydro-1,3-isobenzofurandione Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.23 2-Propenoic acid, reaction products with o-cresol-epichlorohydrin-formaldehyde polymer and 3a,4,7,7a-tetrahydro-1,3-isobenzofurandione (CAS No. 186511–06–8) (provided for in subheading 3907.30.00) Free No change No change On or before 12/31/2015 . 1240. Certain protective cases of molded silicone designed for use with electronic drawing toys Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.24 Protective cases of molded silicone, designed for use with electronic drawing toys, electronic games or educational toys or devices (provided for in subheading 4202.99.90) Free No change No change On or before 12/31/2015 . 1241. Certain plastic stylus pens for use with toys Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.25 Plastic stylus pen with or without attachment cord designed for use with electronic drawing toys, electronic games or educational toys or devices (provided for as parts in heading 8543, 9503 or 9504) Free No change No change On or before 12/31/2015 . 1242. Certain headphones, AC adapters, and protective cases of molded silicone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.26 Headphones, AC adapters and protective cases of molded silicone, all the foregoing packaged together for retail sale, designed for use with electronic educational devices or electronic toys or games (provided for in subheadings 8504.40.95, 8518.30.20, or 4202.99.10, respectively) Free No change No change On or before 12/31/2015 . 1243. Certain made-up floor mats of cellular polyethylene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.27 Made-up floor mats of cellular polyethylene, certified by the importer as containing 30 percent or more by weight of recycled polyethylene (PE)/ethylene-vinyl acetate (EVA) resin blends (provided for in subheading 3924.90.10) Free No change No change On or before 12/31/2015 . 1244. Tolfenpyrad Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.28 4-Chloro-3-ethyl-1-methyl-N-[4-(p-tolyloxy)benzyl]pyrazole-5-carboxamide (Tolfenpyrad) (CAS No. 129558–76–5) (provided for in subheading 2933.19.23) Free No change No change On or before 12/31/2015 . 1245. Mixtures of Pyraflufen-ethyl and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.29 Mixtures of [2-chloro-5-[4-chloro-5-(difluoromethoxy)-1-methyl-1H-pyrazol-3-yl]-4-fluorophenoxy]acetic acid, ethyl ester (Pyraflufen-ethyl) (CAS No. 129630–19–9) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1246. Dimethyl carbonate polymer with 1,6-hexanediol and 1,5-pentanediol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.30 Dimethyl carbonate polymer with 1,6-hexanediol and 1,5-pentanediol (CAS No. 126733–01–1) (provided for in subheading 3907.99.01) Free No change No change On or before 12/31/2015 . 1247. Certain textile fabrics of man-made fibers consisting of one or two layers of expanded polytetrafluoroethylene sheeting Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.31 Textile fabrics of man-made fibers consisting of one or two layers of expanded polytetrafluoroethylene sheeting layered between an outer knitted fabric wholly of nylon and another outer woven fabric containing 65 percent or more by weight of micro fiber polyester (provided for in subheading 5903.90.25) Free No change No change On or before 12/31/2015 . 1248. Certain glass snow globes Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.32 Glass snow globes, valued over $0.30 but not over $3 each, the foregoing not constituting festive articles (provided for in subheading 7013.99.50) Free No change No change On or before 12/31/2015 . 1249. Certain acrylic snow globes Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.33 Acrylic snow globes, the foregoing not constituting festive articles (provided for in subheading 3926.40.00) Free No change No change On or before 12/31/2015 . 1250. Trisodium salt of methylglycinediacetic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.34 Trisodium salt of methylglycinediacetic acid (CAS No. 164462–16–2) (provided for in subheading 2922.49.80) Free No change No change On or before 12/31/2015 . 1251. Helvetolide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.35 2-(1-(3′,3′-Dimethyl-1′-cyclohexyl)ethoxy)-2-methyl propyl propanoate (Helvetolide) (CAS No. 141773–73–1) (provided for in subheading 2915.50.50) Free No change No change On or before 12/31/2015 . 1252. Hirvenal Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.36 2,3-Dihydro-1,1-dimethyl-1H-indene-ar-propanal (Hirvenal) (CAS No. 300371–33–9) (provided for in subheading 2912.19.20) Free No change No change On or before 12/31/2015 . 1253. Damascenone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.37 Trimethyl cyclohexadienyl butenone (Damascenone) (CAS No. 23696–85–7) (provided for in subheading 2914.29.50) Free No change No change On or before 12/31/2015 . 1254. 5-Cyclopentadecen-1-one, 3-methyl- Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.38 5-Cyclopentadecen-1-one, 3-methyl- (CAS No. 63314–79–4) (provided for in subheading 2914.29.50) Free No change No change On or before 12/31/2015 . 1255. (E)-2-Dodecen-1-al Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.39 (E)-2-Dodecen-1-al (CAS No. 20407–84–5) (provided for in subheading 2912.19.20) Free No change No change On or before 12/31/2015 . 1256. Neon, compressed Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.40 Neon, compressed (CAS No. 7440–01–9) (provided for in subheading 2804.29.00) Free No change No change On or before 12/31/2015 . 1257. 6-Methyl-2-(4-methyl-3-cyclohexen-1-yl)-5-hepten-2-ol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.41 6-Methyl-2-(4-methyl-3-cyclohexen-1-yl)-5-hepten-2-ol (CAS No. 515–69–5) (provided for in subheading 2906.19.50) Free No change No change On or before 12/31/2015 . 1258. Prop-2-enyl 2-cyclohexyloxyacetate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.42 Prop-2-enyl 2-cyclohexyloxyacetate (CAS No. 68901–15–5) (provided for in subheading 2918.99.50) Free No change No change On or before 12/31/2015 . 1259. 3-Methyl-5-phenylpent-2-enenitrile Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.43 3-Methyl-5-phenylpent-2-enenitrile (CAS No. 93893–89–1) (provided for in subheading 2926.90.43) Free No change No change On or before 12/31/2015 . 1260. Ethoxymethyl-cyclododecyl ether Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.44 Ethoxymethyl-cyclododecyl ether (CAS No. 58567–11–6) (provided for in subheading 2911.00.50) Free No change No change On or before 12/31/2015 . 1261. Prop-2-enyl heptanoate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.45 Prop-2-enyl heptanoate (CAS No. 142–19–8) (provided for in subheading 2915.90.50) Free No change No change On or before 12/31/2015 . 1262. 1,2-Hexanediol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.46 1,2-Hexanediol (CAS No. 6920–22–5) (provided for in subheading 2905.39.90) Free No change No change On or before 12/31/2015 . 1263. d-Menthol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.47 (1S,2R,5S)-2-Isopropyl-5-methylcyclohexanol (d-Menthol) (CAS No. 15356–60–2) (provided for in subheading 2906.11.00) Free No change No change On or before 12/31/2015 . 1264. Prop-2-enyl hexanoate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.48 Prop-2-enyl hexanoate (CAS No. 123–68–2) (provided for in subheading 2915.90.50) Free No change No change On or before 12/31/2015 . 1265. 3-Methylbenzyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.49 3-Methylbenzyl chloride (CAS No. 620–19–9) (provided for in subheading 2903.99.80) Free No change No change On or before 12/31/2015 . 1266. Ethyl salicylate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.50 Ethyl 2-hydroxybenzoate (Ethyl salicylate) (CAS No. 118–61–6) (provided for in subheading 2918.23.20) Free No change No change On or before 12/31/2015 . 1267. 3,5,5-Trimethylhexyl acetate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.51 3,5,5-Trimethylhexyl acetate (CAS No. 58430–94–7) (provided for in subheading 2915.39.45) Free No change No change On or before 12/31/2015 . 1268. Phenethyl isobutyrate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.52 Phenethyl isobutyrate (CAS No. 103–48–0) (provided for in subheading 2915.60.10) Free No change No change On or before 12/31/2015 . 1269. Mixtures of phosphonium, tetrakis(hydroxymethyl)-, chloride, polymer with urea; phosphonium, tetrakis(hydroxymethyl)-, chloride; and formaldehyde Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.53 Mixtures of phosphonium, tetrakis(hydroxymethyl)-, chloride, polymer with urea (CAS No. 27104–30–9) (65%); phosphonium, tetrakis(hydroxymethyl)-, chloride (1:1) (CAS No. 124–64–1) (20%); and formaldehyde (CAS No. 50–00–0) (provided for in subheading 3809.91.00) Free No change No change On or before 12/31/2015 . 1270. Certain suspension system stabilizer bars Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.54 Suspension system stabilizer bars of alloy steel, each weighing approximately 42 kg, the foregoing comprising one rod measuring approximately 98.8 cm in length at each end of which is welded at approximately right angles a rod measuring approximately 51 cm in length, designed for use in Class 7 and 8 trucks only, certified by the importer as of Japan JIS grade SCM525S (26CrMo4) or SCM435H (34CrMo4) steel (provided for in subheading 8708.80.65) Free No change No change On or before 12/31/2015 . 1271. Confectionery containing synthetic sweetening agents instead of sugar Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.55 Confectionary (including gum) containing synthetic sweetening agents (e.g. saccharin) instead of sugar (provided for in subheading 2106.90.99) 1.1% No change No change On or before 12/31/2015 . 1272. Certain fitness equipment Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.44.56 Fitness equipment designed for in-home use, each incorporating two independent treadles with separately moving belts that rotate around a mechanical treadle and simultaneously move up and down during use, designed to allow progressive amounts of resistance and combine the functions of a treadmill and a stair climber, whether or not with elliptical function (provided for in subheading 9506.91.00) Free No change No change On or before 12/31/2015 . 1273. Gallium metal Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.01 Gallium metal (provided for in subheading 8112.92.10) 0.8% No change No change On or before 12/31/2015 . 1274. Certain nightlights of plastic Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.02 Nightlights with bases or housings of plastics (provided for in subheading 9405.40.80) Free No change No change On or before 12/31/2015 . 1275. Stannic oxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.03 Stannic oxide (CAS No. 18282–10–5) (provided for in subheading 2825.90.20) Free No change No change 12/31/2015 . 1276. Reduced Vat Blue 1 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.04 Reduced Vat Blue 1, ([2,2′-Bi-1H-indole]-3,3′-diol, potassium sodium salt) (CAS No. 207692–02–2) (provided for in subheading 3204.15.40) Free No change No change On or before 12/31/2015 . 1277. Direct Red 84 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.05 Direct Red 84, (5,5′[Carbonyl bis(imino-4,1-phenylene-2,1-diazenediyl)]bis[8-[2-(4-sulfophenyl) diazenyl]]-2- naphthalenesulfonic acid, sodium salt (1:4)) (CAS No. 6409–83–2) (provided for in subheading 3204.14.50) Free No change No change On or before 12/31/2015 . 1278. Acetic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.06 Cyano[3-[(6-methoxy-2-benzothiazolyl)amino]-1H-isoindol-1-ylidene]acetic acid, pentyl ester (CAS No. 173285–74–0) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2015 . 1279. Acid Blue 171 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.07 Acid Blue 171, (Cobaltate(2-), [6-(amino-kN)-5-[2-[2-(hydroxy-kO)-4-nitrophenyl]diazenyl-kN1]-nitrophenyl]diazenyl-kN1]-2-naphthalenesulfonato(3-)]-, sodium (1:2)) (CAS No. 75314–27–1) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1280. Reactive Blue 19 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.10 Reactive Blue 19 (1-Amino‑9,10‑ dihydro-9,10-dioxo-4‑[[3-[[2-(sulfooxy) ethyl]sulfonyl] phenyl]amino]‑2-anthracenesulfonic acid, sodium salt (1:2)) (CAS No. 2580–78–1) (provided for in subheading 3204.16.20) Free No change No change On or before 12/31/2015 . 1281. Acid Red 182 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.11 Acid Red 182 (Bis[4-(hydroxy-κO)-3-[2-[2-(hydroxy-κO)-1-naphthalenyl]diazenyl-κN1] benzenesulfonamidato(2-)]-cobaltate (1-), sodium (1:1)) (CAS No. 58302–43–5) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1282. Direct Green 91 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.12 Direct Green 91 (2,7- naphthalenedisulfonic acid,[Carbonylbis(imino-4,1-phenyleneazo)]bis[4-amino-5-hydroxy-6- (phenylazo)-, tetrasodium salt) (CAS No. 59262–64–5) (provided for in subheading 3204.14.50) Free No change No change On or before 12/31/2015 . 1283. Mixtures of Cobaltate (2-) and Cobaltate (3-) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.13 Mixtures of ([2-[[[4-(Hydroxy-κO)-3-[2-[2-(oxo-κO)-1-[(phenylamino) carbonyl]propyl]diazenyl-κN1]phenyl]sulfonyl]amino] benzoato(3-)][2-[2-[2-(hydroxy-O)-5‑[(phenylamino)sulfonyl]phenyl]diazenyl-κN1]‑3-(oxo-kO)-N-phenylbutanamidato(2-)]- cobaltate(2-), ammonium sodium) (CAS No. 125352–03–6) and (Bis[2-[[[4-(hydroxy-κO)-3‑[2-[2-(oxo-κO)-1-[(phenylamino) carbonyl]propyl]diazenyl-κN1]phenyl]‑sulfonyl]amino]benzoato(3-)]‑cobaltate(3-), ammonium sodium) (CAS No. 125352–02–5) (provided for in subheading 3204.12.45) Free No change No change On or before 12/31/2015 . 1284. Mixtures of Acid Black 244, (Chromate(2-), (Cobaltate(1-), and (Chromate(1-) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.14 Mixtures of Acid Black 244 ([3-(Hydroxy-κO)-4-[2-[2-(hydroxy-κO)-1-naphthalenyl]diazenyl-κN2]-1-naphthalenesulfonato (3-)][1-[2-[2-(hydroxy-κO)-5-[2-(4-methoxyphenyl)diazenyl]phenyl]diazenyl-κN2]-2-naphthalenolato(2)-κO]-chromate(2-), sodium (1:2)) (CAS No. 30785–74–1) and Bis[2-[2-[5-(aminosulfonyl)-2-(hydroxy-κO)phenyl] diazenyl-κN1]-3-(oxo-κO)-Nphenylbutanamidato( 2-)]-cobaltate(1-), sodium(1:1) (CAS No. 72496–88–9) and Bis[3-[4-[2-[5-chloro-2-(hydroxy-κO)phenyl] diazenyl-κN1]-4,5-dihydro-3-methyl-5-(oxo-κO)-1H-pyrazol-1-yl]benzenesulfonamidato (2-)]-chromate(1-), sodium (1:1)) (CAS No. 67800–97–9) (provided for in subheading 3204.12.50) Free No change No change On or before 12/31/2015 . 1285. Disperse Blue 284 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.15 Disperse Blue 284 (2,2′-[[4-[2‑(3,5-Dinitro-2‑ thienyl)diazenyl] phenyl]imino]bisethanol 1,1′-diacetate) (CAS No. 42783–06–2) (provided for in subheading 3204.11.10) Free No change No chnage On or before 12/31/2015 . 1286. Mixtures of Reactive Blue 250 and Reactive Black 5 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.16 Mixtures of Reactive Blue 250 (4-Amino-5-hydroxy‑6-[2-[2-methoxy-5-[[2‑(sulfooxy)ethyl]sulfonyl] phenyl]diazenyl]-3-[2-[4‑ [[2-(sulfooxy)ethyl] sulfonyl]phenyl]diazenyl]-2,7‑naphthalenedisulfonic acid, sodium salt (1:4)) (CAS No. 93951–21–4) and Reactive Black 5 (4-Amino-5-hydroxy-3,6-bis[2-[4‑[[2-(sulfooxy)ethyl] sulfonyl]phenyl]diazenyl]-2,7‑naphthalenedisulfonic acid, sodium salt (1:4)) (CAS No. 17095–24–8) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2015 . 1287. Mixtures of Disperse Red 367, 3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b′]difuran-2,6-dione and [4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-b′]difuran-3-yl]phenoxy]-acetic acid, 2- ethoxyethyl ester Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.17 Mixtures of Disperse Red 367 ([4-(2,6-Dihydro-2,6-dioxo-7-phenylbenzo[1,2-b:4,5-b′]difuran-3-yl)phenoxy]-acetic acid, 2- ethoxyethyl ester) (CAS No. 126877–05–2), 3-Phenyl-7-(4-propoxyphenyl)-benzo[1,2-b:4,5-b′]difuran-2,6-dione (CAS No. 79694–17–0) and [4-[2,6-Dihydro-2,6-dioxo-7-(4-propoxyphenyl)benzo[1,2-b:4,5-b′]difuran-3-yl]phenoxy]-acetic acid, 2- ethoxyethyl ester (CAS No. 126877–06–3) (provided for in subheading 3204.11.35) Free No change No change On or before 12/31/2015 . 1288. Certain acrylic filament tow imported in the form of bundles of crimped product each containing 250,000 filaments Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.18 Acrylic filament tow (polyacrylonitrile tow) containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, imported in the form of bundles of crimped product each containing 250,000 filaments (plus or minus 10 percent) with an average decitex of 3.3 to 5.6 decitex (plus or minus 10 percent) and length greater than 2 meters (provided for in subheading 5501.30.00) Free No change No change On or before 12/31/2015 . 1289. Certain acrylic filament tow imported in the form of bundles of crimped product each containing 250,000 to 350,000 filaments Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.19 Acrylic filament tow (polyacrylonitrile tow) containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, imported in the form of bundles of crimped product each containing 250,000 to 350,000 filaments (plus or minus 10 percent) with an average decitex of 2.4 to 3.7 decitex (plus or minus 10 percent) and length greater than 2 meters (provided for in subheading 5501.30.00) Free No change No change On or before 12/31/2015 . 1290. Certain acrylic staple fibers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.20 Acrylic staple fibers (polyacrylonitrile staple), not carded, combed or otherwise processed for spinning, the foregoing containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, with a decitex of 2.4 to 3.7 (plus or minus 10 percent), a fiber shrinkage of from 0 to 22 percent (plus or minus 10 percent), and a cut fiber length of 89 to 140 mm, with a target length of 115 mm (provided for in subheading 5503.30.00) Free No change No change On or before 12/31/2015 . 1291. Certain acrylic filament tow imported in the form of bundles of crimped product each containing 198,000 filaments Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.21 Acrylic filament tow (polyacrylonitrile tow) containing by weight 92 percent or more of polyacrylonitrile, not more than 0.01 percent of zinc and 2 percent or more but not over 8 percent of water, imported in the form of bundles of crimped product each containing 198,000 filaments (plus or minus 10 percent) with an average decitex of 4.0 to 5.6 decitex (plus or minus 10 percent) and length greater than 2 meters (provided for in subheading 5501.30.00) Free No change No change On or before 12/31/2015 . 1292. Ultraviolet lamps filled with deuterium gas Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.22 Ultraviolet lamps filled with deuterium gas (provided for in subheading 8539.49.00) Free No change No change On or before 12/31/2015 . 1293. Buprofezin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.23 (Z)-2-tert-Butylimino-3-isopropyl-5-phenyl-1,3,5-thiadiazinan-4-one (Buprofezin) (CAS No. 69327–76–0 or 953030–84–7) (provided for in subheading 2934.99.16) Free No change No change On or before 12/31/2015 . 1294. Pyraflufen-ethyl Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.24 Ethyl 2-chloro-5-(4-chloro-5-difluoromethoxy-1-methyl-1H-pyrazol-3-yl)-4-fluorophenoxyacetate (Pyraflufen-ethyl) (CAS No. 129630–19–9) (provided for in subheading 2933.19.23) Free No change No change On or before 12/31/2015 . 1295. Fenpyroximate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.25 tert-Butyl (E)-α-(1,3-dimethyl‑5‑phenoxypyrazol‑4‑ylmethyleneamino oxy)-ρ‑toluate (Fenpyroximate) (CAS No. 134098–61–6) (provided for in subheading 2933.19.23) Free No change No change On or before 12/31/2015 . 1296. Triflic anhydride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.26 Trifluoromethanesulfonic anhydride (triflic anhydride) (CAS No. 358–23–06) (provided for in subheading 2904.90.50) Free No change No change On or before 12/31/2015 . 1297. Triflic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.27 Trifluoromethanesulfonic acid (triflic acid) (CAS No. 1493–13–6) (provided for in subheading 2904.90.50) Free No change No change On or before 12/31/2015 . 1298. Certain image projectors Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.28 Image projectors incorporating sound reproducing apparatus and capable of projecting images onto a ceiling or wall, the foregoing designed to soothe or entertain infants (provided for in subheading 9008.50.40) Free No change No change On or before 12/31/2015 . 1299. Metolachlor Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.29 Chloro-N-(2-ethyl-6-methylphenyl)-N-(2-methoxy-1-methylethyl)acetamide (Metolachlor, including s-Metolachlor) (CAS No. 51218–45–2 or 87392–12–9) (provided for in subheading 2924.29.47) 6.0% No change No change On or before 12/31/2015 . 1300. Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid, and 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.30 Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid (CAS No. 55231–08–8), and 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid (CAS No. 28205–74–5) (provided for in subheading 3907.91.50) Free No change No change On or before 12/31/2015 . 1301. Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid, and 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid, and 1,4-dioxane-2,5-dione, 2,6-dimethyl-(3R,6R), polymer with rel-(3R,6S)-3,6- dimethyl-1,4 dioxane-2,5-dione and (3S,6S)-3,6-dimetyl-1,4-dioxane-2,5-dione Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.31 Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid (CAS No. 55231–08–8), and 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid (CAS No. 28205–74–5), and 1,4-dioxane-2,5-dione, 2,6-dimethyl-(3R,6R), polymer with rel-(3R,6S)-3,6- dimethyl-1,4 dioxane-2,5-dione and (3S,6S)-3,6-dimetyl-1,4-dioxane-2,5-dione (CAS No. 9051–89–2) (provided for in subheading 3907.91.50) Free No change No change On or before 12/31/2015 . 1302. Thermoplastic biodegradable polymer blend Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.32 Thermoplastic biodegradable polymer blend containing 1,4-benzenedicarboxylic acid, dimethyl ester, polymer with 1,4- butanediol and hexanedioic acid (CAS No. 55231–08–8), 1,4-benzenedicarboxylic acid, polymer with 1,4 butanediol and decanedioic acid (CAS No. 28205–74–5) and Starch (CAS No. 9005–25–8), and 1,4-dioxane-2,5-dione, 2,6-dimethyl-(3R,6R)- polymer with rel-(3R,6S)-3,6-dimethyl-1,4 dioxane-2,5-dione and (3S,6S)-3,6-dimethyl-1,4-dioxane-2,5-dione (CAS No. 9051– 89–2) and 1,2,3-propanetriol (CAS No. 56–81–5) (provided for in subheading 3913.90.50) Free No change No change On or before 12/31/2015 . 1303. Mixtures of Propoxycarbazone-sodium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.33 Mixtures of methyl 2-[(4-methyl-5-oxo-3-propoxy-4,5-dihydro-[1,2,4]triazole-1-carbonyl)sulfamoyl]benzoate, sodium salt (Propoxycarbazone-sodium) (CAS No. 181274–15–7) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1304. Certain acrylic filament tow colored, crimped, with an average decitex of 3.3 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.34 Acrylic filament tow containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, colored, crimped, with an average decitex of 3.3 (plus or minus 10 percent) and an aggregate filament measure in the tow bundle from 660,000 to 1,200,000 decitex, with a length greater than 2 meters (provided for in subheading 5501.30.00) Free No change No change On or before 12/31/2015 . 1305. Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning measuring 1 decitex or more but not over 1.3 decitex Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.35 Staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring 1 decitex or more but not over 1.3 decitex and having a fiber length each measuring 20 mm or more but not over 150 mm (provided for in subheading 5504.10.00) Free No change No change On or before 12/31/2015 . 1306. Artificial staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning measuring over 1.3 decitex but less than 1.67 decitex Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.36 Staple fibers of viscose rayon, not carded, combed or otherwise processed for spinning, measuring over 1.3 decitex but less than 1.67 decitex and having a fiber length each measuring 20 mm or more but not over 150 mm (provided for in subheading 5504.10.00) Free No change No change On or before 12/31/2015 . 1307. p-Toluidine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.37 p-Toluidine (CAS No. 106–49–0) (provided for in subheading 2921.43.40) Free No change No change On or before 12/31/2015 . 1308. p-Nitrotoluene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.38 p-Nitrotoluene (CAS No. 99–99–0) (provided for in subheading 2904.20.10) Free No change No change On or before 12/31/2015 . 1309. Manicure and pedicure sets Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.39 Manicure and pedicure sets, and combinations thereof (provided for in subheading 8214.20.90) 1% No change No change On or before 12/31/2015 . 1310. Nail clippers and nail files Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.40 Nail clippers and nail files (provided for in subheading 8214.20.30) 1.3% No change No change On or before 12/31/2015 . 1311. Certain eyelash curlers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.41 Eyelash curlers, nonthermic and nonornamental (provided for in subheading 9615.90.20) Free No change No change On or before 12/31/2015 . 1312. Mixtures containing ß-cyfluthrin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.42 Mixtures containing (RS)-α-cyano-4-fluoro-3-phenoxybenzyl (1RS,3RS;1RS,3SR)-2-(2,2-dichlorovinyl)-2,2- dimethylcyclopropanecarboxylate (β-cyfluthrin) (CAS No. 68359–37–5), including application adjuvants (provided for in 3808.91.25) Free No change No change On or before 12/31/2015 . 1313. Flubendiamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.43 3-Iodo-N-(2-methanesulfonyl-1,1-dimethylethyl)-N′-(2-methyl-4-(1,2,2,2-tetrafluoro-1-trifluoromethylethyl)phenyl) phthalamide (Flubendiamide) (CAS No. 272451–65–7) (provided for in subheading 2930.90.10) Free No change No change On or before 12/31/2015 . 1314. Spirotetramat Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.44 cis-4-(Ethoxycarbonyloxy)-8-methoxy-3-(2,5-xylyl)-1-azaspiro[4.5]dec-3-en-2-one (Spirotetramat) (CAS No. 203313–25–1) (provided for in subheading 2933.79.08) Free No change No change On or before 12/31/2015 . 1315. 1H-1,2,4-Triazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.45 1H-1,2,4-Triazole (CAS No. 288–88–0 ) (provided for in subheading 2933.99.97) 2.3% No change No change On or before 12/31/2015 . 1316. Mixtures of Indaziflam and application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.46 Mixtures of N-[(1R,2S)-2,3-Dihydro-2,6-dimethyl-1H-inden-1-yl]-6-[(1RS)-(1-fluoroethyl)]-1,3,5-triazine-2,4-diamine (Indaziflam) (CAS No. 950782–86–2) and application adjuvants (provided for in subheading 3808.93.15) Free No change No change On or before 12/31/2015 . 1317. Indaziflam Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.47 N-[(1R,2S)-2,3-Dihydro-2,6-dimethyl-1H-inden-1-yl]-6-[(1RS)-(1-fluoroethyl)]-1,3,5-triazine-2,4-diamine (Indaziflam) (CAS No. 950782–86–2) (provided for in subheading 2933.69.60) Free No change No change On or before 12/31/2015 . 1318. Mixtures of Flubendiamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.48 Mixtures of N1-[1,1-Dimethyl-2-mesylethyl-3-iodo-N2-{2-methyl-4-[1,2,2,2-terafluoro-1-(trifluoromethyl)ethyl]phenyl}phthalamide (Flubendiamide) (CAS No. 272451–65–7) (provided for in subheading 3808.91.25) Free No change No change On or before 12/31/2015 . 1319. Mixtures containing Fluopyram Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.49 Mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridyl]ethyl]-α,α,α-trifluoro-ortho-toluamide (Fluopyram) (CAS No. 658066–35–4) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1320. Mixtures containing Fluopyram and Prothioconazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.50 Mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridyl]ethyl]-α,α,α-trifluoro-ortho-toluamide (Fluopyram) (CAS No. 658066–35–4) and 2-[2-(1-chlorocyclopropyl)-3-(2- chlorophenyl)-2- hydroxypropyl]-1,2- dihydro-3H-1,2,4-triazole- 3-thione (Prothioconazole) (CAS No. 178928–70–6) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1321. Mixtures containing Fluopyram and Trifloxystrobin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.51 Mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridyl]ethyl]-α,α,α-trifluoro-ortho-toluamide (Fluopyram) (CAS No. 658066–35–4) and methyl (E)-methoxyimino-{(E)- α-[1-( α, α, α-trifluoro-m-tolyl)ethylideneaminooxy]-o-tolyl}acetate (Trifloxystrobin) (CAS No. 141517–21–7) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1322. Mixtures containing Fluopyram and Pyrimethanil Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.52 Mixtures containing N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridyl]ethyl]-α,α,α-trifluoro-ortho-toluamide (Fluopyram) (CAS No. 658066–35–4) and N-(4,6-dimethylpyrimidin-2-yl)aniline (Pyrimethanil) (CAS No. 53112–28–0) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1323. Fenhexamid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.53 2′,3′-dichloro-4′-hydroxy-1-methylcyclohexanecarboxanilide (Fenhexamid) (CAS No. 126833–17–8) (provided for in subheading 2924.29.47) Free No change No change On or before 12/31/2015 . 1324. Fluopicolide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.54 2,6-dichloro-N-[3-chloro-5-(trifluoromethyl)-2-pyridylmethyl]benzamide (Fluopicolide) (CAS No. 239110–15–7) (provided for in subheading 2933.39.21) Free No change No change On or before 12/31/2015 . 1325. Fluopyram Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.55 N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridyl]ethyl]-α,α,α-trifluoro-ortho-toluamide (Fluopyram) (CAS No. 658066–35–4) (provided for in subheading 2933.39.21) Free No change No change On or before 12/31/2015 . 1326. Dicumyl peroxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.56 Dicumyl peroxide (CAS No. 80–43–3) (provided for in subheading 2909.60.20) Free No change No change On or before 12/31/2015 . 1327. Mixtures of Clothianidin and Bacillus Firmus strain I-1582 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.57 Mixtures of (E)-1-(2-chloro-1,3-thiazol-5-ylmethyl)-3-methyl-2-nitroguanidine (Clothianidin) (CAS No. 210880–92–5) and Bacillus Firmus (B. firmus I–1582) and application adjuvants (provided for in subheading 3808.91.50) 4.2% No change No change On or before 12/31/2015 . 1328. Cyprosulfamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.58 N-({4-[(Cyclopropylamino) carbonyl] phenyl}sulfonyl)-2-methoxybenzamide (Cyprosulfamide) (CAS No. 221667–31–8) (provided for in subheading 2935.00.75) Free No change No change On or before 12/31/2015 . 1329. Mixtures of Paraquat Dichloride with application adjuvants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.59 Mixtures of 1,1′-dimethyl-4,4′-bipyridinium dichloride (Paraquat Dichloride) (CAS No. 1910–42–5) with application adjuvants (provided for in subheading 3808.93.15) 4.6% No change No change On or before 12/31/2015 . 1330. Caprolactone/diethylene glycol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.60 Copoly(caprolactone/diethylene glycol) (CAS No. 36890–68–3 or CAS No. 75035–33–5) (provided for in subheading 3907.99.01) Free No change No change On or before 12/31/2015 . 1331. Copoly(dimethyl carbonate/1,6-hexanediol) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.61 Copoly(dimethyl carbonate/1,6-hexanediol) (CAS No. 101325–00–2) (provided for in subheading 3907.99.01) Free No change No change On or before 12/31/2015 . 1332. 2,2′-Bis(4-cyanatophenyl)propane, aromatic thermosetting prepolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.62 2,2′-Bis(4-cyanatophenyl)propane, aromatic thermosetting prepolymer (CAS No. 25722–66–1) (provided for in subheading 3911.90.45) Free No change No change On or before 12/31/2015 . 1333. Terbacil Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.63 3-tert-Butyl-5-chloro-6-methyluracil (Terbacil) (CAS No. 5902–51–2) (provided for in subheading 2933.59.18) Free No change No change On or before 12/31/2015 . 1334. Aqueous mixtures of polyvinyl alcohol and polyvinyl pyrrolidone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.64 Aqueous mixtures of polyvinyl alcohol (CAS No. 98002–48–3) and polyvinyl pyrrolidone (CAS No. 9003–39–8) (provided for in subheading 3905.99.80) Free No change No change On or before 12/31/2015 . 1335. Tetrakis(hydroxymethyl) phosphonium sulfate (THPS) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.65 Tetrakis(hydroxymethyl) phosphonium sulfate (THPS) (CAS No. 55566–30–8) (provided for in subheading 2931.00.90) 1.3% No change No change On or before 12/31/2015 . 1336. Canagliflozin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.66 (1S)-1,5-anhydro-1-[3-[[5-(4-fluorophenyl)-2-thienyl]methyl]-4-methylphenyl]-D-glucitol hemihydrate (Canagliflozin) (INN) (CAS No. 928672–86–0) (provided for in subheading 2934.99.30) Free No change No change On or before 12/31/2015 . 1337. Mixtures of N-[2-(2-oxoimidazolidine-1-yl)ethyl]-2-methylacrylamide, methacrylic acid, aminoethyl ethylene urea, and hydroquinone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.67 Mixtures of N-[2-(2-oxoimidazolidine-1-yl)ethyl]-2-methylacrylamide (CAS No. 3089–19–8), methacrylic acid (CAS No. 79–41–4), aminoethyl ethylene urea (CAS No. 6281–42–1), and hydroquinone (CAS No. 123–31–9) (provided for in subheading 3824.90.92) Free No change No change On or before 12/31/2015 . 1338. Glufosinate-ammonium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.68 2-amino-4-(hydroxymethylphosphinyl) butanoic acid monoammonium salt (Glufosinate-ammonium) (CAS No. 77182–82–2) (provided for in subheading 2931.90.90) 2.0% No change No change On or before 12/31/2015 . 1339. Chime melody rod assembly suitable for the production of grandfather clocks, wall clocks, and mantel clocks Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.69 Chime melody rod assembly suitable for the production of grandfather clocks, wall clocks, and mantel clocks (provided for in subheading 9114.90.50) Free No change No change On or before 12/31/2015 . 1340. Pigment Yellow 194 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.70 Pigment Yellow 194 (Butanamide, N-(2,3-dihydro-2-oxo-1H-benzimidazol-5-yl)-2-[2-(2-methoxyphenyl)diazenyl]-3-oxo-) (CAS No. 82199–12–0) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1341. Pigment Yellow 181 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.71 Pigment Yellow 181 (CAS No. 74441–05–7) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1342. Pigment Yellow 191 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.72 Pigment Yellow 191 (Benzenesulfonic acid, 4-chloro-2-[[4,5-dihydro-3-methyl-5-oxo-1-(3-sulfophenyl)-1H-pyrazol-4-yl] azo]-5-methyl-, calcium salt (1:1)) (CAS No. 129423–54–7) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1343. Pigment Yellow 180 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.73 Pigment Yellow 180 (1,2-Bis[2-[1‑[N-(2,3-dihydro-2-oxo-1H‑benzimidazol-5-yl)carbamoyl]acetonylazo] phenoxy]ethane) (CAS No. 77804–81–0) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1344. 4,4′-Thiobis[2-(1,1-di-methylethyl)-5-methyl-phenol] Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.74 4,4′-Thiobis[2-(1,1-di-methylethyl)-5-methyl-phenol] (CAS No. 96–69–5) (provided for in subheading 2930.90.29) Free No change No change On or before 12/31/2015 . 1345. 2,5-Bis(1,1-dimethylpropyl)-1,4-benzenediol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.75 2,5-Bis(1,1-dimethylpropyl)-1,4-benzenediol (CAS No. 79–74–3) (provided for in subheading 2907.29.90) Free No change No change On or before 12/31/2015 . 1346. 2,2′-(2-Methylpropylidene) bis(4,6-dimethylphenol) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.76 2,2′-(2-Methylpropylidene) bis(4,6-dimethylphenol) (CAS No. 33145–10–7) (provided for in subheading 2907.29.90) Free No change No change On or before 12/31/2015 . 1347. 4,4′-Butylidenebis(3-methyl-6-tert-butylphenol) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.77 4,4′-Butylidenebis(3-methyl-6-tert-butylphenol) (CAS No. 85–60–9) (provided for in subheading 2907.29.90) Free No change No change On or before 12/31/2015 . 1348. 2,2′-Methylenebis[4-methyl-6-tert-butylphenol] Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.78 2,2′-Methylenebis[4-methyl-6-tert-butylphenol] (CAS No. 119–47–1) (provided for in subheading 2907.29.90) Free No change No change On or before 12/31/2015 . 1349. Daminozide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.79 Daminozide (N-(dimethylamino) succinamic acid (CAS No. 1596–84–5) (provided for in subheading 2928.00.50) Free No change No change On or before 12/31/2015 . 1350. Bis(2,3-dibromopropyl ether) of Tetrabromobisphenol A Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.80 Bis(2,3-dibromopropyl ether) of Tetrabromobisphenol A (CAS No. 21850–44–2) (provided for in subheading 2909.50.50) Free No change No change On or before 12/31/2015 . 1351. 4,4′-Methylenebis(2-chloroaniline) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.81 4,4′-methylenebis(2-chloroaniline) (CAS No. 101–14–4) (provided for in subheading 2921.59.08) Free No change No change On or before 12/31/2015 . 1352. TFM Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.82 3-Trifluoromethyl-4-nitrophenol (TFM) (CAS No. 88–30–2) (provided for in subheading 2908.99.90) Free No change No change On or before 12/31/2015 . 1353. 1,1,2-2-Tetrafluoroethylene, oxidized, polymerized, reduced Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.83 1,1,2-2-Tetrafluoroethylene, oxidized, polymerized, reduced (CAS No. 69991–62–4) (provided for in subheading 3402.90.50) Free No change No change On or before 12/31/2015 . 1354. Copoly(trifluoroethylene/vinylidene fluoride) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.84 Copoly(trifluoroethylene/vinylidene fluoride) (CAS No. 28960–88–5) (provided for in subheading 3904.69.50) Free No change No change On or before 12/31/2015 . 1355. Diphosphoric acid, polymers with ethoxylated reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.85 Diphosphoric acid, polymers with ethoxylated reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene (CAS No. 200013–65–6) (provided for in subheading 3907.20.00) 0.8% No change No change On or before 12/31/2015 . 1356. 4,4′-Dichlorodiphenyl sulfone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.86 4,4′-Dichlorodiphenyl sulfone (CAS No. 80–07–9) (provided for in subheading 2930.90.29) Free No change No change On or before 12/31/2015 . 1357. 1,2-Propanediol, 3-(diethylamino)-, polymers with 5-isocyanato-1- (isocyanatomethyl)-1,3,3-trimethylcyclohexane, propylene glycol and reduced Me esters of reduced polymd. oxidized tetrafluoroethylene, 2-ethyl-1-hexanol-blocked, acetates (salts) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.87 1,2-Propanediol, 3‑(diethylamino)-, polymers with 5‑isocyanato-1‑ (isocyanatomethyl)-1,3,3‑trimethylcyclohexane, propylene glycol and reduced Me esters of reduced polymd. oxidized tetrafluoroethylene, 2‑ethyl‑1‑hexanol-blocked, acetates (salts) (CAS No. 328389–90–8) (provided for in subheading 3907.20.00) Free No change No change On or before 12/31/2015 . 1358. Extract of licorice Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.88 Extract of licorice (provided for in subheading 1302.12.00) 0.8% No change No change On or before 12/31/2015 . 1359. Certain polarized lenses or lens blanks with an outer profile diameter of more than 80 mm Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.89 Polarized lenses or lens blanks, produced from a laminate of polyvinyl alcohol (PVA) and polycarbonate, for the production of non-prescription lenses for sunglasses, all of the foregoing not toric-shaped, with an outer profile diameter of more than 80 mm (provided for in subheading 9001.50.00) Free No change No change On or before 12/31/2015 . 1360. Certain clock movements Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.90 Mechanical clock movements, complete and assembled, valued over $5 each, suitable for the production of grandfather clocks, wall clocks, and mantel clocks (provided for in subheading 9109.90.60) Free No change No change On or before 12/31/2015 . 1361. p-Dichlorobenzene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.91 p-Dichlorobenzene (CAS No. 106–46–7) (provided for in subheading 2903.91.30) Free No change No change On or before 12/31/2015 . 1362. Certain polarized lens or lens blanks with an outer profile diameter of 80 mm or less Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.92 Polarized lenses or lens blanks, produced from a laminate of polyvinyl alcohol (PVA) and polycarbonate, for the production of non-prescription lenses for sunglasses, all of the foregoing not toric-shaped, with an outer profile diameter of 80 mm or less (provided for in subheading 9001.50.00) Free No change No change On or before 12/31/2015 . 1363. Certain toric-shaped polarized lenses or lens blanks Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.93 Polarized lenses or lens blanks, produced from a laminate of polyvinyl alcohol (PVA) and polycarbonate, for the production of non-prescription lenses for sunglasses or goggles, all of the foregoing toric-shaped (provided for in subheadings 9001.50.00 or 9001.90.40) Free No change No change On or before 12/31/2015 . 1364. Mixtures containing Imidacloprid and Thiodicarb Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.94 Mixtures containing 1-[(6-chloro‑3-pyridinyl)methyl]-N-nitro-2‑imidazolidinimine (Imidacloprid) (CAS No. 138261–41–3) and dimethyl N,N′-[thiobis [(methylimino)carbonyloxy]]bis [ethanimidothioate] (Thiodicarb) (CAS No. 59669–26–0) and application adjuvants (provided for in subheading 3808.91.25) Free No change No change On or before 12/31/2015 . 1365. Mixtures containing Imidacloprid and Cyfluthrin or its ß-Cyfluthrin isomer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.95 Mixtures containing 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine (Imidacloprid) (CAS No.138261-41-3) and cyano(4-fluoro-3-phenoxyphenyl)methyl 3-(2,2-dichloro-ethenyl)-2,2-dimethylcyclopropanecarboxylate (Cyfluthrin) (CAS No. 68359–37–5) or (RS)-α-cyano-4-fluoro-3-phenoxybenzyl-(1RS,3RS;1RS,3SR)-2-(2,2-dichlorovinyl)-2,2- dimethylcyclopropanecarboxylate (β-cyfluthrin) (CAS No. 68359–37–5) and application adjuvants provided for in subheading 3808.91.25 3.1% No change No change On or before 12/31/2015 . 1366. Penflufen Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.96 N-[2-(1,3-Dimethylbutyl)phenyl]-5-fluoro-1,3-dimethyl-1H-pyrazole-4-carboxamide (Penflufen) (CAS No. 494793–67–8) (provided for in subheading 2933.19.23) 5.0% No change No change On or before 12/31/2015 . 1367. 2-Amino-5-cyano-N,3-dimethylbenzamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.97 2-Amino-5-cyano-N,3-dimethylbenzamide (CAS No. 890707–29–6) (provided for in subheading 2924.29.76) Free No change No change On or before 12/31/2015 . 1368. Picoxystrobin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.98 Methyl (E)-3-methoxy-2-{2-[6-(trifluoromethyl)-2-pyridyloxymethyl]phenyl}acrylate (Picoxystrobin) (CAS No. 117428–22–5) (provided for in subheading 2933.39.21) Free No change No change On or before 12/31/2015 . 1369. Methyl 3-(aminosulfonyl)-2-thiophenecarboxylate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.45.99 Methyl 3-(aminosulfonyl)-2-thiophenecarboxylate (CAS No. 59337–93–8) (provided for in subheading 2935.00.75) Free No change No change On or before 12/31/2015 . 1370. Certain composite units each comprising a power electronics box and a static converter Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.01 Composite units each comprising a power electronics box and a static converter, such units capable of performing the functions of an AC inverter and an auxiliary power module, capable of reducing DC voltage from 42 V (supplied by battery) to 12 V output and providing three-phase AC output to motor generator unit, the foregoing certified by the importer for use in hybrid electric motor vehicles (provided for in subheading 8504.40.95) Free No change No change On or before 12/31/2015 . 1371. Certain stator or rotor parts designed for use in a combined generator/electric motor Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.02 Stator or rotor parts designed for use in a combined generator/electric motor with motor function rated at 100 kW, the foregoing certified by the importer for use in hybrid electric vehicles (provided for in subheading 8503.00.95) 2.2% No change No change On or before 12/31/2015 . 1372. Certain fuel pumps designed for gasoline/ethanol direct injection fuel systems Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.03 Fuel pumps designed for gasoline/ethanol direct injection fuel systems in internal combustion piston engines and capable of delivering fuel at pressures of 3.5 MPa or more but not over 12 MPa, the foregoing other than fuel pumps described in heading 9902.25.30 (provided for in subheading 8413.30.90) 1.4% No change No change On or before 12/31/2015 . 1373. Certain hybrid electric vehicle inverters Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.04 Inverters for converting DC battery output to three phase AC output designed to power an electric drive motor, certified by the importer for use in hybrid electric vehicles (provided for in subheading 8504.40.95) 1.1% No change No change On or before 12/31/2015 . 1374. Certain fuel injectors Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.05 Fuel injectors (solenoid valves) designed to add gasoline/ethanol fuel blends directly into the combustion chamber of a piston engine in a high-pressure non-port injection system of a motor vehicle (provided for in subheading 8481.80.90) 1.6% No change No change On or before 12/31/2015 . 1375. Certain motor/generator units Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.06 Motor/generator units with three-phase cable assembly, the foregoing designed to function as a starter motor and electric motor supplementing an gasoline internal combustion engine and as a generator for recharging vehicle batteries in regenerative braking mode, certified by the importer for use in hybrid electric vehicles (provided for in subheading 8511.40.00) Free No change No change On or before 12/31/2015 . 1376. Mixtures containing Fluopyram and Tebuconazole Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.07 N-[2-[3-chloro-5-(trifluoromethyl)-2-pyridyl]ethyl]-α,α,α-trifluoro-ortho-toluamide (Fluopyram) (CAS No. 658066–35–4) and (RS)-1-p-chlorophenyl-4,4-dimethyl-3-(1H-1,2,4-triazol-1-ylmethyl)pentan-3-ol (Tebuconazole) (CAS No. 107534–96–3) and application adjuvants (provided for in subheading 3808.92.15) Free No change No change On or before 12/31/2015 . 1377. Surface-modified silicon dioxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.08 Surface-modified silicon dioxide (CAS No. 7631–86–9) (provided for in subheading 3824.90.92) Free No change No change On or before 12/31/2015 . 1378. Sodium thiocyanate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.09 Sodium thiocyanate (CAS No. 540–72–7) (provided for in subheading 2842.90.10) Free No change No change On or before 12/31/2015 . 1379. Hydroquinone monomethyl ether Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.10 p-Methoxyphenol (Hydroquinone monomethyl ether) (CAS No. 150–76–5) (provided for in subheading 2909.50.50) Free No change No change On or before 12/31/2015 . 1380. Germanium unwrought Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.11 Germanium, unwrought (provided for in subheading 8112.92.60) Free No change No change On or before 12/31/2015 . 1381. Germanium oxides Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.12 Germanium oxides (CAS No. 1310–53–8) (provided for in subheading 2825.60.00) Free No change No change On or before 12/31/2015 . 1382. Mixtures of polyethylene glycol, C16-C18 fatty acids, and C2-C6 aliphatic hydrocarbons Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.13 Mixtures of polyethylene glycol (CAS No. 25322–68–3), C16-C18 fatty acids, and C2-C6 aliphatic hydrocarbons (provided for in subheading 3824.90.41) Free No change No change On or before 12/31/2015 . 1383. Co-poly (propylene/ethylene) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.14 Co-poly (propylene/ethylene) (CAS No. 9010–79–1) (provided for in subheading 3902.30.00) Free No change No change On or before 12/31/2015 . 1384. Mixtures of alkali metal phenate, mineral oil, and p-Dodecylphenol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.15 Mixture of alkali metal phenate, mineral oil (CAS No. 64742–54–7) and p-Dodecylphenol (CAS No. 74499–35–7) (provided for in subheading 3811.21.00) Free No change No change On or before 12/31/2015 . 1385. Sensomer CT–400 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.16 Cassia hydroxypropyltrimonium chloride (D-Galacto-D-mannan, 2-hydroxy-3-(trimethylammonio)propylether, chloride) (CAS No. 83589–59–7), 1-Propanaminium, 2,3-dihydroxy-N,N,N-trimethyl-, chloride (CAS No. 34004–36–9) and water (provided for in subheading 1302.39.00) Free No change No change On or before 12/31/2015 . 1386. D-Galacto-D-mannan Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.17 Cassia gum (D-Galacto-D-mannan) (CAS No. 11078–30–1) (provided for in subheading 1302.39.00) Free No change No change On or before 12/31/2015 . 1387. Benzene, polypropene derivatives Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.18 Benzene, polypropene derivatives (CAS No. 68081–77–6) (provided for in subheading 3817.00.15) Free No change No change On or before 12/31/2015 . 1388. Certain compression-ignition internal combustion piston engines Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.19 Compression-ignition internal combustion piston engines with cylinder capacity of less than 1 liter, for use in vehicles of subheading 8709.19.00 (provided for in subheading 8408.20.90) Free No change No change On or before 12/31/2015 . 1389. Certain programmable controllers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.20 Programmable controllers certified by the importer as designed for use in agricultural and off-road construction vehicles to control vehicle accessories and auxiliary functions (provided for in subheading 8537.10.90) Free No change No change On or before 12/31/2015 . 1390. Turmeric extracted oleoresin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.21 Turmeric extracted oleoresin (CAS No. 8024–37–1) (provided for in subheading 3301.90.10) Free No change No change On or before 12/31/2015 . 1391. Ginger extracted oleoresin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.22 Ginger extracted oleoresin (CAS No. 8002–60–6) (provided for in subheading 3301.90.10) Free No change No change On or before 12/31/2015 . 1392. 1.3G grade fireworks Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.23 1.3G grade fireworks (provided for in subheading 3604.10.10) 0.5% No change No change On or before 12/31/2015 . 1393. 1.4G grade fireworks Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.24 1.4G grade fireworks (provided for in subheading 3604.10.90) 5.1% No change No change On or before 12/31/2015 . 1394. Baby or child carriers designed for use on bicycles Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.25 Baby or child carriers designed for use on bicycles (provided for in subheading 8714.99.80) 3.4% No change No change On or before 12/31/2015 . 1395. Wide-angle reflectors Subchapter II of chapter 99 is amended— (1) by striking heading 9902.24.66; and (2) by inserting in numerical sequence the following new heading: 9902.46.26 Wide angle-reflectors (provided for in subheading 8714.99.80) Free No change No change On or before 12/31/2015 . 1396. Parts of bicycle speedometers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.27 Parts of bicycle speedometers (provided for in subheading 9029.90.40) Free No change No change On or before 12/31/2015 . 1397. Aminocyclopyrachlor Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.28 6-Amino-5-chloro-2-cyclopropylpyrimidine-4-carboxylic acid (Aminocyclopyrachlor) (CAS No. 858956–08–8) (provided for in subheading 2933.59.10) 2.5% No change No change On or before 12/31/2015 . 1398. Triethylenediamine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.29 Triethylenediamine (CAS No. 280–57–9) (provided for in subheading 2933.59.95) Free No change No change On or before 12/31/2015 . 1399. Modified aliphatic amine mixture containing benzyl alcohol; formaldehyde, polymer with 1,3- benezenedimethanamine and phenol; 1,3-benzenedimethanamine; phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2-(chloromethyl)oxirane, reaction products with ethylenediamine; and ethylenediamine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.30 Modified aliphatic amine mixture containing benzyl alcohol (CAS No. 100–51–6); formaldehyde, polymer with 1,3- benezenedimethanamine and phenol (CAS No. 57214–10–5); 1,3-benzenedimethanamine (CAS No. 1477–55–0); phenol, 4,4′-(1-methylethylidene)bis-, polymer with 2-(chloromethyl)oxirane, reaction products with ethylenediamine (CAS No. 72480–18–3); and ethylenediamine (CAS No. 107–15–3) (provided for in subheading 3824.90.28) Free No change No change On or before 12/31/2015 . 1400. Modified aliphatic polyamine mixture of reaction products of 1,3-bis(aminomethyl)benzene with phenol and formaldehyde and 1,3-bis(aminomethyl)benzene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.31 Modified aliphatic polyamine mixture of reaction products of 1,3-bis(aminomethyl)benzene with phenol and formaldehyde and 1,3-bis(aminomethyl)benzene (provided for in subheading 3909.30.00) Free No change No change On or before 12/31/2015 . 1401. Hexadecyl 3,5-di-tert-butyl-4-hydroxybenzoate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.32 Hexadecyl 3,5-di-tert-butyl-4-hydroxybenzoate (CAS No. 67845–93–6) (provided for in subheading 2918.29.75) Free No change No change On or before 12/31/2015 . 1402. 3-Amino-1,2-propanediol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.33 3-Amino-1,2-propanediol (CAS No. 616–30–8) (provided for in subheading 2922.19.95) Free No change No change On or before 12/31/2015 . 1403. 2-Ethylhexyl salicylate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.34 2-Ethylhexyl salicylate (CAS No. 118–60–5) (provided for in subheading 2918.23.20) Free No change No change On or before 12/31/2015 . 1404. Ion-exchange resin of benzene, diethenyl, polymer with ethenylbenzene and ethenylethylbenzene, chloromethylated, trimethylaminoquaternized Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.35 Ion-exchange resin of benzene, diethenyl, polymer with ethenylbenzene and ethenylethylbenzene, chloromethylated, trimethylaminoquaternized (CAS No. 69011–19–4) (provided for in subheading 3914.00.60) Free No change No change On or before 12/31/2015 . 1405. Acephate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.36 Formulations of (RS)-N‑[methoxy(methylthio) phosphinoyl]acetamide (Acephate) (CAS No. 30560–19–1) and application adjuvants (provided for in subheading 3808.91.50) 1.6% No change No change On or before 12/31/2015 . 1406. Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene chlormethylated, 2-(dimethylamino) ethanol-quaternized Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.37 Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene chlormethylated, 2-(dimethylamino) ethanol-quaternized (CAS No. 69011–15–0) (provided for in subheading 3914.00.60) Free No change No change On or before 12/31/2015 . 1407. Ion exchange resins (Methanamine, N-methyl reaction products with chloromethylated divinylbenzene-styrene polymer) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.38 Ion exchange resins (Methanamine, N-methyl reaction products with chloromethylated divinylbenzene-styrene polymer) (CAS No. 68441–29–2) (provided for in subheading 3914.00.60) Free No change No change On or before 12/31/2015 . 1408. Ion-exchange resin and adsorbent (Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene, sulfonated) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.39 Ion-exchange resin and adsorbent (Benzene, diethenyl-, polymer with ethenylbenzene and ethenylethylbenzene, sulfonated) (CAS No. 69011–20–7) (provided for in subheading 3914.00.60) Free No change No change On or before 12/31/2015 . 1409. 5-(1,1-Dimethylheptyl)resorcinol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.40 5-(1,1-Dimethylheptyl)resorcinol (CAS No. 56469–10–4) (provided for in subheading 2907.21.00) Free No change No change On or before 12/31/2015 . 1410. 4-Bromobenzyl bromide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.41 4-Bromobenzyl bromide (CAS No. 589–15–1) (provided for in subheading 2903.99.80) Free No change No change On or before 12/31/2015 . 1411. 1-(2-Chloroethyl)-4-ethyl-1,4-dihydro-5H-tetrazol-5-one Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.42 1-(2-Chloroethyl)-4-ethyl-1,4-dihydro-5H-tetrazol-5-one (CAS No. 69049–03–2) (provided for in subheading 2933.99.97) Free No change No change On or before 12/31/2015 . 1412. 1,1-Cyclobutanedicarboxylic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.43 1,1-Cyclobutanedicarboxylic acid (CAS No. 5445–51–2) (provided for in subheading 2917.20.00) Free No change No change On or before 12/31/2015 . 1413. α-Phenylpyridine-2-acetamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.44 α-Phenylpyridine-2-acetamide (CAS No. 7251–52–7) (provided for in subheading 2933.39.61) Free No change No change On or before 12/31/2015 . 1414. α-threo Phenyl-2-piperidyl acetamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.45 α-threo-Phenyl-2-piperidyl acetamide (CAS No. 50288–62–5) (provided for in subheading 2933.39.61) Free No change No change On or before 12/31/2015 . 1415. 1-Benzyl-4-phenyl-4-piperidine carboxylic acid ethyl ester HCl Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.46 1-Benzyl-4-phenyl-4-piperidine carboxylic acid ethyl ester HCl (CAS No. 72216–57–0) (provided for in subheading 2933.39.61) Free No change No change On or before 12/31/2015 . 1416. N-[1-Benzyl-4-(methoxymethyl)-4-piperidyl]-N-phenylpropionamide oxalate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.47 N-[1-Benzyl-4-(methoxymethyl)-4-piperidyl]-N-phenylpropionamide oxalate (CAS No. 61086–13–3) (provided for in subheading 2924.29.71) Free No change No change On or before 12/31/2015 . 1417. α-Phenylpiperidine-2-acetic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.48 α-Phenylpiperidine-2-acetic acid (CAS No. 19395–41–6) (provided for in subheading 2933.39.61) Free No change No change On or before 12/31/2015 . 1418. Carbonic dihydrazide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.49 Carbonic dihydrazide (CAS No. 497–18–7) (provided for in subheading 2928.00.50) Free No change No change On or before 12/31/2015 . 1419. Copper peptide (AHK-Cu) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.50 Copper peptide (AHK-Cu) (CAS No. 682809–81–0) (provided for in subheading 2933.29.90) Free No change No change On or before 12/31/2015 . 1420. Glycyl-L-Histidyl-L-Lysine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.51 Glycyl-L-Histidyl-L-Lysine (CAS No. 49557–75–7) (provided for in subheading 2933.29.90) Free No change No change On or before 12/31/2015 . 1421. Certain indoor/outdoor programmable and countdown time switches Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.52 Time switches designed for indoor/outdoor use, programmable, capable of controlling time periods extending longer than 60 minutes, valued over $5 each (provided for in subheading 9107.00.80) Free No change No change On or before 12/31/2015 . 1422. Certain surge protector receptacles Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.53 Duplex overload (surge) protector receptacles for a voltage not exceeding 250 V alternating current, each with monitor light to indicate the device is protecting the circuit (provided for in subheading 8536.30.80) Free No change No change On or before 12/31/2015 . 1423. Certain tamper resistant ground fault circuit interrupters Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.54 Ground fault circuit interrupter (GFCI) receptacles designed to prevent insertion of foreign objects, each with internal shutters and clearly marked with TR (tamper resistant), certified by the importer as meeting the 2008 National Electric Code Section 406.11 for 15 ampere or 20 ampere receptacles (provided for in subheading 8536.30.80) Free No change No change On or before 12/31/2015 . 1424. Banana jack connectors Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.55 Banana jack connectors (provided for in subheading 8536.69.80) Free No change No change On or before 12/31/2015 . 1425. Reactive Black 31 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.56 Reactive Black 31 (CAS No. 85585–91–7) (provided for in subheading 3204.16.50) Free No change No change On or before 12/31/2015 . 1426. Orthotoluidine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.57 Orthotoluidine (CAS No. 95–53–4) (provided for in subheading 2921.43.90) 4% No change No change On or before 12/31/2015 . 1427. Women’s belts of leather or composition leather, each valued $7.00 or higher Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.58 Women’s belts of leather or composition leather, each valued $7.00 or higher (provided for in subheading 4203.30.00) 1.3% No change No change On or before 12/31/2015 . 1428. Gadolinium oxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.59 Gadolinium oxide (CAS No. 12064–62–9) (provided for in subheading 2846.90.80) Free No change No change On or before 12/31/2015 . 1429. Lanthanum oxide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.60 Lanthanum oxide (CAS No. 1312–81–8) (provided for in subheading 2846.90.80) Free No change No change On or before 12/31/2015 . 1430. p-Chlorobenzotrifluoride containing less than 1.0% by weight of Acetone or other acid acceptor stabilizers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.61 p-Chlorobenzotrifluoride (CAS No. 98–56–6) containing less than 1.0% by weight of Acetone (CAS No. 67–64–1) or other acid acceptor stabilizers to reduce decomposition in transport (provided for in subheading 2903.99.08) Free No change No change On or before 12/31/2015 . 1431. p-Chlorobenzotrifluoride containing less than 0.1% by weight of Tertiary amyl phenol or other antioxidants Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.62 p-Chlorobenzotrifluoride (CAS No. 98–56–6) containing less than 0.1% by weight of Tertiary amyl phenol (CAS No. 80–46–6) or other antioxidants (provided for in subheading 3824.90.28) Free No change No change On or before 12/31/2015 . 1432. p-Chlorobenzotrifluoride containing less than 0.1% of a mixture of Toluene, Solvent Naphtha, Propan-2-OL and Naphthalene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.63 p-Chlorobenzotrifluoride (CAS No. 98–56–6) containing less than 0.1% of a mixture of Toluene (CAS No. 108–88–3), Solvent Naphtha (CAS No. 64742–94–5), Propan-2-OL (CAS No. 67–63–0) and Naphthalene (CAS No. 91–20–3) serving as an antistatic agent (provided for in subheading 3824.90.28) Free No change No change On or before 12/31/2015 . 1433. p-Chlorobenzotrifluoride containing less than 0.1% by weight of Ethyl morpholine or other storage vessel corrosion inhibitors Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.64 p-Chlorobenzotrifluoride (CAS No. 98–56–6) containing less than 0.1% by weight of Ethyl morpholine (CAS No. 100–74–3) or other storage vessel corrosion inhibitors (provided for in subheading 3824.90.28) Free No change No change On or before 12/31/2015 . 1434. 2-Aminopyridine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.65 2-Aminopyridine (CAS No. 504–29–0) (provided for in subheading 2933.39.91) Free No change No change On or before 12/31/2015 . 1435. 4-Chloro-3-nitrobenzoic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.66 4-Chloro-3-nitrobenzoic acid (CAS No. 96–99–1) (provided for in subheading 2916.39.08) Free No change No change On or before 12/31/2015 . 1436. 1,6-Diisocyanato-hexane homopolymer, polyethylene-polypropylene glycol mono-Bu ether blocked Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.67 1,6-Diisocyanato-hexane homopolymer, polyethylene-polypropylene glycol mono-Bu ether blocked (CAS No. 125252–47–3) (provided for in subheading 3911.90.90) Free No change No change On or before 12/31/2015 . 1437. N,N′,N′′-[(2,4,6-Trioxo-1,3,5-triazine-1,3,5(2H,4H,6H)-triyl)tris[methylene(3,5,5-trimethyl-3,1-cyclohexanediyl)]] tris [hexahydro-2-oxo-1H-azepine-1-carboxamide] Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.68 N,N′,N′′-[(2,4,6-Trioxo-1,3,5-triazine-1,3,5(2H,4H,6H)-triyl)tris[methylene(3,5,5-trimethyl-3,1-cyclohexanediyl)]] tris [hexahydro-2-oxo-1H-azepine-1-carboxamide] (CAS No. 68975–83–7) in organic solvent (provided for in subheading 3911.90.90) Free No change No change On or before 12/31/2015 . 1438. Water-dispersible polyisocyanate product based on hexamethylene diisocyanate (HDI) trimer and cyclohexanamine, N,N-dimethyl-, compounds with 3-(cyclohexylamino)-1-propanesulfonic acid-blocked 1,6- diisocyanatohexane homopolymer Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.69 A water-dispersible polyisocyanate product based on hexamethylene diisocyanate (HDI) trimer (CAS No. 28182–81–2) and cyclohexanamine, N,N-dimethyl-, compounds with 3-(cyclohexylamino)-1-propanesulfonic acid-blocked 1,6- diisocyanatohexane homopolymer (CAS No. 666723–27–9) (provided for in subheading 3911.90.90) Free No change No change On or before 12/31/2015 . 1439. Hexanedioic acid, dihydrazide, polymer with 5-amino-1,3,3-trimethylcyclohexanemethanamine, 1,3-butanediol and 1,1′- methylenebis[4-isocyanatocyclohexane], methyl ethyl ketone oxime- and polyethylene glycol mono-methyl ether-blocked Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.70 Hexanedioic acid, dihydrazide, polymer with 5-amino-1,3,3-trimethylcyclohexanemethanamine, 1,3-butanediol and 1,1′- methylenebis[4-isocyanatocyclohexane], methyl ethyl ketone oxime- and polyethylene glycol mono-methyl ether-blocked (CAS No. 200295–51–8), in aqueous solution (provided for in subheading 3909.50.50) Free No change No change On or before 12/31/2015 . 1440. Oxirane, 2-methyl-, polymer with oxirane, ether with 1,2,3-propanetriol (3:1), polymer with 2,4-diisocyanato-1-methylbenzene and a-hydro-.-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), caprolactam-blocked Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.71 Oxirane, 2-methyl-, polymer with oxirane, ether with 1,2,3-propanetriol (3:1), polymer with 2,4-diisocyanato-1-methylbenzene and a-hydro-.-hydroxypoly[oxy(methyl-1,2-ethanediyl)] ether with 2-ethyl-2-(hydroxymethyl)-1,3-propanediol (3:1), caprolactam-blocked (CAS No. 936346–53–1) (provided for in subheading 3909.50.50) Free No change No change On or before 12/31/2015 . 1441. Chlorobenzene Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.72 Chlorobenzene (CAS No. 108–90–7) (provided for in subheading 2903.91.10) 3.6% No change No change On or before 12/31/2015 . 1442. Dimethyl dicarbonate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.73 Dimethyl dicarbonate (CAS No. 4525–33–1) (provided for in subheading 2920.90.50) Free No change No change On or before 12/31/2015 . 1443. Phosphorus sulfochloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.74 Phosphorus sulfochloride (CAS No. 3982–91–0) (provided for in subheading 2812.10.50) Free No change No change On or before 12/31/2015 . 1444. Dimethyl carbonate polymer with 1,6-hexanediol copolymer and 2-oxepanone Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.75 Dimethyl carbonate polymer with 1,6-hexanediol copolymer and 2-oxepanone (CAS No. 282534–15–0) (provided for in subheading 3907.99.01) Free No change No change On or before 12/31/2015 . 1445. Reaction product of 3,5-dimethyl-1,2-diazole with polymer of hexane-1,6-diyl diisocyanate in organic solvent Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.76 Reaction product of 3,5-dimethyl-1,2-diazole with polymer of 1,6-diisocyanatohexane (CAS No. 163206–31–3), in organic solvent (provided for in subheading 3911.90.90) Free No change No change On or before 12/31/2015 . 1446. Fasteners of plastics, in clips suitable for use in a mechanical attaching device Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.77 Fasteners of plastics, in clips suitable for use in a mechanical attaching device (provided for in subheading 3926.90.85) 3.7% No change No change On or before 12/31/2015 . 1447. Hand tools designed for securing plastic fasteners that affix tags to merchandise Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.78 Hand tools designed for securing plastic fasteners that affix tags to merchandise (provided for in subheading 8205.59.80) Free No change No change On or before 12/31/2015 . 1448. Product mixtures containing Fenoxaprop, Pyrasulfotole, Bromoxynil Octanoate, Bromoxynil Heptanoate, and Mefenpyr Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.79 Product mixtures containing Fenoxaprop: ethyl (R)-2-[4-(6-chloro-1,3-benzoxazol-2-yloxy)phenoxy]propionate (CAS No. 71283–80–2), and Pyrasulfotole: 5-hydroxy-1,3-dimethylpyrazol-4-yl 2-mesyl-4-(trifluoromethyl)phenyl ketone (CAS No. 365400–11–9), and Bromoxynil Octanoate: 2,6-dibromo-4-cyanophenyl octanoate (CAS No. 1689–99–2), and Bromoxynil Heptanoate: 2,6-dibromo-4-cyanophenyl heptanoate (CAS No. 56634–95–8), and Mefenpyr: 1-(2,4-dichlorophenyl)-4,5-dihydro-5-methyl-1H-pyrazole-3,5-dicarboxylic acid (CAS No. 135590–91–9) (provided for in subheading 3808.93.15) 0.9% No change No change On or before 12/31/2015 . 1449. 4,4′-Sulfonyldiphenol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.80 4,4′-Sulfonyldiphenol (CAS No. 80–09–1) (provided for in subheading 2930.90.29) Free No change No change On or before 12/31/2015 . 1450. 2-(4,6-Bis(2,4-dimethylphenyl)-1,3,5-triazin-2-yl)-5-(octyloxy)phenol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.81 2-(4,6-Bis(2,4-dimethylphenyl)-1,3,5-triazin-2-yl)-5-(octyloxy)phenol (CAS No. 2725–22–6) (provided for in subheading 2933.69.60) Free No change No change On or before 12/31/2015 . 1451. Hydroxylamine sulfate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.82 Hydroxylamine sulfate (CAS No. 10039–54–0) (provided for in subheading 2825.10.00) Free No change No change On or before 12/31/2015 . 1452. Alginic acid, ammonium alignate, potassium alginate, calcium alginate, and magnesium alginate Subchapter II of chapter 99 s amended by inserting in numerical sequence the following new heading: 9902.46.83 Alginic acid (CAS No. 9005–32–7), ammonium alignate (CAS No. 9005–34–9), potassium alginate (CAS No. 9005–36–1), calcium alginate (CAS No. 9005–35–0), and magnesium alginate (CAS No. 37251–44–8) (provided for in subheading 3913.10.00) Free No change No change On or before 12/31/2015 . 1453. Propylene glycol alginates Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.84 Propylene glycol alginates (CAS No. 9005–37–2) (provided for in subheading 3913.10.00) Free No change No change On or before 12/31/2015 . 1454. Sodium alginate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.85 Sodium alginate (CAS No. 9005–38–3) (provided for in subheading 3913.10.00) 2.9% No change No change On or before 12/31/2015 . 1455. Mixture of hexanedioic acid, polymer with 1,2-ethanediol, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and 1,3- isobenzofurandione, 2-propenoate and 1,3-propanediol, 2,2-bis(hydroxymethyl)-, polymer with 2- (chloromethyl)oxirane, 2-propenoate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.86 A mixture of hexanedioic acid, polymer with 1,2-ethanediol, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and 1,3- isobenzofurandione, 2-propenoate (CAS No. 77107–23–4) and 1,3-propanediol, 2,2-bis(hydroxymethyl)-, polymer with 2- (chloromethyl)oxirane, 2-propenoate (CAS No. 57903–73–8) (provided for in subheading 3907.99.01) Free No change No change On or before 12/31/2015 . 1456. Urea, polymer with formaldehyde and 2-methylpropanal Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.87 Urea, polymer with formaldehyde and 2-methylpropanal (CAS No. 28931–47–7) (provided for in subheading 3909.10.00) Free No change No change On or before 12/31/2015 . 1457. Certain drive axles designed for use in log skidders, forwarders, articulated dump trucks or similar vehicles Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.88 Drive axles with differential, whether or not provided with other transmission components, the foregoing designed for use in log skidders, forwarders, articulated dump trucks or similar vehicles with articulated steering (provided for in subheading 8708.50.61) Free No change No change On or before 12/31/2015 . 1458. Certain forged ring gear components and certain other parts of crankshafts and connecting rods Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.89 Forged ring gear components between 12 and 25 inches in outer diameter and other parts of crankshafts and connecting rods, of iron or steel (provided for in subheading 7326.19.00) 1.5% No change No change On or before 12/31/2015 . 1459. Mixtures comprising methyl methacrylate methacrylic acid polymer and up to 1 percent zinc acetate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.90 Mixtures comprising methyl methacrylate methacrylic acid polymer (CAS No. 25086–15–1) and up to 1 percent zinc acetate (CAS No. 557–34–6) (provided for in subheading 3906.90.20) Free No change No change On or before 12/31/2015 . 1460. Mixtures comprising titanium dioxide, silica, and decyl(trimethoxy)silane Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.91 Mixtures comprising titanium dioxide (CAS No. 13463–67–7), silica (CAS No. 99439–28–8), and decyl(trimethoxy)silane (CAS No. 5575–48–4) (provided for in subheading 3206.11.00) Free No change No change On or before 12/31/2015 . 1461. Mixtures comprising titanium dioxide and decyl(trimethoxy)silane Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.92 Mixtures comprising titanium dioxide (CAS No. 13463–67–7) and decyl(trimethoxy)silane (CAS No. 5575–48–4) (provided for in subheading 3206.11.00) Free No change No change On or before 12/31/2015 . 1462. Manganese ferrite carrier covered with acrylic resin Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.93 Manganese ferrite carrier covered with acrylic resin (provided for in subheading 3707.90.32) Free No change No change On or before 12/31/2015 . 1463. Phosphonic acid, reaction products with maleic anhydride, sodium salts Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.94 Phosphonic acid, reaction products with maleic anhydride, sodium salts (CAS No. 180513–31–9) (provided for in subheading 3824.90.92) Free No change No change On or before 12/31/2015 . 1464. Dimethyl hydrogen phosphite Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.95 Dimethyl hydrogen phosphite (CAS No. 868–85–9) (provided for in subheading 2920.90.50) Free No change No change On or before 12/31/2015 . 1465. Vat Violet 10 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.96 Vat Violet 10 (CAS No. 128–64–3) (provided for in subheading 3204.15.40) Free No change No change On or before 12/31/2015 . 1466. 2-Ethylhexylamine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.97 2-Ethylhexylamine (CAS No. 104–75–6) (provided for in subheading 2921.19.60) Free No change No change On or before 12/31/2015 . 1467. p-Nitroaniline Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.98 p-Nitroaniline (CAS No. 100–01–6) (provided for in subheading 2921.42.90) Free No change No change On or before 12/31/2015 . 1468. 4-Sulfo-1,8-naphthalic anhydride potassium salt Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.46.99 4-Sulfo-1,8-naphthalic anhydride potassium salt (CAS No. 71501–16–1) (provided for in subheading 2917.39.30) Free No change No change On or before 12/31/2015 . 1469. Isononylamine Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.01 Isononylamine (CAS No. 27775–00–4) (provided for in subheading 2921.19.60) Free No change No change On or before 12/31/2015 . 1470. Dodecylaniline branched Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.02 Dodecylaniline branched (CAS No. 68411–48–3) (provided for in subheading 2921.42.65) Free No change No change On or before 12/31/2015 . 1471. N-Ethyl-N-benzylaniline Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.03 N-Ethyl-N-benzylaniline (CAS No. 92–59–1) (provided for in subheading 2921.42.90) Free No change No change On or before 12/31/2015 . 1472. Dimethylhexanediol Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.04 2,5-Dimethyl-2,5-hexanediol (Dimethylhexanediol) (CAS No. 110–03–2) (provided for in subheading 2905.39.90) Free No change No change On or before 12/31/2015 . 1473. N,N-Dimethylisopropylamine (DMIPA) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.05 N,N-Dimethylisopropylamine (DMIPA) (CAS No. 996–35–0) (provided for in subheading 2921.19.60) Free No change No change On or before 12/31/2015 . 1474. Huron Yellow Dye Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.06 Huron Yellow Dye (CAS Nos. 66545–81–1 and 66545–82–2) (provided for in subheading 3204.19.20) Free No change No change On or before 12/31/2015 . 1475. Invisible Blue Dye Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.07 Invisible Blue Dye (CAS No. 1191239–40–3) (provided for in subheading 3204.19.20) Free No change No change On or before 12/31/2015 . 1476. Solvent Orange 115 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.08 Solvent Orange 115 (CAS No. 53304–32–8) (provided for in subheading 3204.19.25) Free No change No change On or before 12/31/2015 . 1477. Solvent Yellow 131 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.09 Solvent Yellow 131 (CAS No. 52821–24–6) (provided for in subheading 3204.19.25) Free No change No change On or before 12/31/2015 . 1478. Zinc sulfide, copper chloride doped Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.10 Zinc sulfide, copper chloride doped (CAS No. 68611–70–1) (provided for in subheading 3206.42.00) Free No change No change On or before 12/31/2015 . 1479. Solvent Yellow 160:1 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.11 Solvent Yellow 160:1 (CAS No. 35773–43–4) (provided for in subheading 3204.19.11) Free No change No change On or before 12/31/2015 . 1480. Reactive Red Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.12 Reactive Red (CAS No. 803688–04–2) (provided for in subheading 3204.19.20) Free No change No change On or before 12/31/2015 . 1481. Solvent Yellow 195 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.13 Solvent Yellow 195 (CAS No. 440645–24–9) (provided for in subheading 3204.19.20) Free No change No change On or before 12/31/2015 . 1482. p-Toluenesulfonamide Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.14 p-Toluenesulfonamide (CAS No. 70–55–3) (provided for in subheading 2935.00.95) Free No change No change On or before 12/31/2015 . 1483. Lenses designed for digital cameras with a focal length measuring approximately 10 mm or more but not over 24 mm and weighing 445 g or more but not over 475 g Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.15 Lenses designed for digital cameras, the foregoing with a focal length measuring approximately 10 mm or more but not over 24 mm and weighing 445 g or more but not over 475 g (provided for in subheading 9002.11.90) Free No change No change On or before 12/31/2015 . 1484. Lenses designed for digital cameras with a focal length measuring approximately 70 mm or more but not over 200 mm and weighing 1,410 g or more but not over 1,545 g Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.16 Lenses designed for digital cameras, the foregoing with a focal length measuring approximately 70 mm or more but not over 200 mm and weighing 1,410 g or more but not over 1,545 g (provided for in subheading 9002.11.90) Free No change No change On or before 12/31/2015 . 1485. Lenses designed for digital cameras with a focal length measuring approximately 50 mm or more but not over 200 mm and weighing 329 g or more but not over 425 g Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.17 Lenses designed for digital cameras, the foregoing with a focal length measuring approximately 50 mm or more but not over 200 mm and weighing 329 g or more but not over 425 g (provided for in subheading 9002.11.90) 0.8% No change No change On or before 12/31/2015 . 1486. Captan Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.18 N-((Trichloromethyl)thio)-4-cyclohexene-1,2- dicarboximide (Captan) (CAS No. 133–06–2)(provided for in subheadings 2930.90.43) or mixed with application adjuvants (provided for in subheading 3808.92.50) Free No change No change On or before 12/31/2015 . 1487. Methanesulfonyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.19 Methanesulfonyl chloride (CAS No. 124–63–0) (provided for in subheading 2904.10.50) Free No change No change On or before 12/31/2015 . 1488. Methanesulfonic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.20 Methanesulfonic acid (CAS No. 75–75–2) (provided for in subheading 2904.10.50) Free No change No change On or before 12/31/2015 . 1489. Poly (melamine-co-formaldelhyde) methylated butylated Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.21 Poly (melamine-co-formaldelhyde) methylated butylated (CAS No. 68036–97–5) (provided for in subheading 3909.20.00) Free No change No change On or before 12/31/2015 . 1490. Certain nonwoven fiberglass sheets Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.22 Nonwoven fiberglass sheets, 0.3mm or more but not over 0.8 mm in thickness, predominantly of glass fibers bound together in a polyvinyl alcohol matrix or modified acrylic-polyvinyl alcohol matrix, such sheets measuring 3.5m or more but not over 5m, the foregoing of a kind used in the production of cushioned vinyl flooring or of roofing shingles (provided for in subheading 7019.32.00) Free No change No change On or before 12/31/2015 . 1491. Oxyfluorfen Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.23 2-Chloro-1-(3-ethoxy-4-nitrophenoxy)-4-(trifluoromethyl)benzene (Oxyfluorfen) (CAS No. 42874–03–3) (provided for in subheading 2909.30.30) Free No change No change On or before 12/31/2015 . 1492. Acifluorfen sodium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.24 Sodium 5-[2-chloro-4-(trifluoromethyl)phenoxy]-2-nitrobenzoate (Acifluorfen sodium) (CAS No. 62476–59–9) (provided for in subheading 2918.99.20) 2.2% No change No change On or before 12/31/2015 . 1493. Standard-grade ferroniobium or ferrocolombium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.25 Ferroniobium (provided for in subheading 7202.93.80) 4.7% No change No change On or before 12/31/2015 . 1494. Manganese flake Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.26 Manganese flake containing at least 99.5 percent by weight of manganese (provided for in subheading 8111.00.47) 12.4% No change No change On or before 12/31/2015 . 1495. Preformed iodide pellets or powder composed of iodides of dysprosium, thallium, sodium, holmium, thulium, and calcium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.27 Preformed iodide pellets or powder composed of iodides of dysprosium, thallium, sodium, holmium, thulium, and calcium (CAS Nos. 7681–82–5, 7790–30–9, 15474–63–2, 13813–41–7, 13813–43–9, and 10102–68–8) (provided for in subheading 2827.60.51) Free No change No change On or before 12/31/2015 . 1496. Cermets and articles thereof for use in ceramic discharge lamps Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.28 Cermets and articles thereof, the foregoing for use in ceramic discharge lamps (provided for in subheading 8113.00.00) Free No change No change On or before 12/31/2015 . 1497. Polycrystalline alumina discharge tubes designed for use in high-intensity discharge (HID) lamps Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.29 Polycrystalline alumina discharge tubes, the foregoing designed for use in high-intensity discharge (HID) lamps and prefilled with metal halide salts having CAS Nos. 65997–17–3, 266–046–0, 7439–97–6, 231–106–7, 7440–33–7, 231–143–9, 7681–82–5, 231–679–3, 7790–30–9, 230–199–7, 10102–68–8, 233–276–8, 15474–63–2, 239–493–4, 13813–41–7or 237–470–3 (provided for in subheading 8539.90.00) Free No change No change On or before 12/31/2015 . 1498. Certain ceramic bases designed for high intensity discharge (HID) lamps Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.30 Ceramic bases designed for high-intensity discharge (HID) lamps, such bases having metal locking pins to allow passage of an electrical current (provided for in subheading 8536.61.00) Free No change No change On or before 12/31/2015 . 1499. Certain cases or containers designed to be used for certain electronic drawing toys or electronic games Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.31 Cases or containers with outer surface of injection-molded acrylonitrile butadiene styrene or polypropylene, the foregoing specially shaped or fitted for, and with labeling, logo or other descriptive information on the exterior of the case or container indicating an intention to be used for, electronic drawing toys or electronic games of heading 9503 or 9504 (provided for in subheading 4202.99.90) Free No change No change On or before 12/31/2015 . 1500. Certain switchgear assemblies and panel boards specifically designed for wind turbine generators Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.32 Switchgear assemblies and panel boards specifically designed for wind turbine generators (such generators with a capacity in excess of 2 MW); the foregoing designed to transfer electric power to and from a utility power grid at 2100 kW at 600 V with a nominal full load of 2190 amperes; each measuring 1950 mm or more but not over 2050 mm in length, 550 mm or more but not over 650 mm in width and 1950 mm or more but not over 2050 mm in height; capable of monitoring minimum wind speed, yaw position and blade pitch angle (provided for in subheading 8537.10.90) Free No change No change On or before 12/31/2015 . 1501. Certain open-work warp knit fabrics Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.33 Open-work warp knit fabrics (including those made on galloon knitting machines), other than those of headings 6001 to 6004, of synthetic fibers, unbleached or bleached, whose structure has bridging yarn structures in the fabric, for which origin and end of each individual bridging yarn are located on different chain yarns oriented in machine direction of the fabric (provided for in subheading 6005.31.00) Free No change No change On or before 12/31/2015 . 1502. 2-Cyclohexylidene-2-phenylacetonitrile Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.34 2-Cyclohexylidene-2-phenylacetonitrile (CAS No. 10461–98–0) (provided for in subheading 2926.90.43) Free No change No change On or before 12/31/2015 . 1503. Mixtures of isomers: 1-(1,2,3,4,5,6,7,8-Octahydro-2,3,8,8-tetramethyl-2-naphthyl)ethan-1-one; 1-(1,2,3,5,6,7,8,8a- Octahydro-2,3,8,8-tetramethyl-2-naphthyl)ethan-1-one; and 1-(1,2,3,4,6,7,8,8a-Octahydro-2,3,8,8-tetramethyl-2-naphthyl) ethan-1-one Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.35 Mixtures of isomers: 1-(1,2,3,4,5,6,7,8-Octahydro-2,3,8,8-tetramethyl-2-naphthyl)ethan-1-one; 1-(1,2,3,5,6,7,8,8a- Octahydro-2,3,8,8-tetramethyl-2-naphthyl)ethan-1-one; and 1-(1,2,3,4,6,7,8,8a-Octahydro-2,3,8,8-tetramethyl-2-naphthyl) ethan-1-one (CAS Nos. 54464–57–2, 68155–66–8, and 68155–67–9) (provided for in subheading 2914.29.50) Free No change No change On or before 12/31/2015 . 1504. Polyquaternium-76 Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.36 1-Propanaminium, 3-chloro-2-hydroxy-N,N,N-trimethyl-, chloride (1:1), reaction products with acrylamide-N-[3-dimethylamino)propyl]-2-methyl-2-propenamide polymer and N1,N1-dimethyl-1,3-propanediamine-Me 2-chloroacetate polymer (Polyquaternium-76), primarily an acrylic ionic resin (on a weight basis) of a type used in watersoluble surfactant treatment compositions (CAS No. 916155–61–8) (provided in subheading 3906.90.50) Free No change No change On or before 12/31/2015 . 1505. 2,2-Dichloroacetyl chloride Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.37 2,2-Dichloroacetyl chloride (CAS No. 79–36–7) (provided for in subheading 2915.40.50) Free No change No change On or before 12/31/2015 . 1506. Profenofos Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.38 (RS)-(O-4-Bromo-2-chlorophenyl O-ethyl S-propyl phosphorothioate) (Profenofos) (CAS No. 41198–08–7) (provided for in subheading 2930.90.10) Free No change No change On or before 12/31/2015 . 1507. 4-Vinylbenzenesulfonic acid, sodium salt hydrate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.39 4-Vinylbenzenesulfonic acid, sodium salt hydrate (CAS No. 2695–37–6) (provided for in subheading 2904.10.37) Free No change No change On or before 12/31/2015 . 1508. 4-Vinylbenzenesulfonic acid, lithium salt Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.40 4-Vinylbenzenesulfonic acid, lithium salt (CAS No. 4551–88–6) (provided for in subheading 2904.10.32) Free No change No change On or before 12/31/2015 . 1509. Certain fuel injectors Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.41 Valve type fuel injectors each designed to function in a common rail fuel system and deliver fuel at a pressure greater than 120 MPa (1200 bar) (provided for in subheading 8481.80.90) 0.6% No change No change On or before 12/31/2015 . 1510. Cast-iron engine crankcases for marine propulsion engines, each measuring more than 1.1 meters in length Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.42 Cast-iron engine crankcases for marine propulsion engines, each measuring more than 1.1 m in length (provided for in subheading 8409.99.92) Free No change No change On or before 12/31/2015 . 1511. Certain forged steel crankshafts Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.43 Forged steel crankshafts, each measuring 1868 millimeters or more in length, other than for vehicles of chapter 87 and not designed for use solely or principally with spark-ignition internal combustion piston engines or rotary engines (provided for in subheading 8483.10.30) 0.3% No change No change On or before 12/31/2015 . 1512. Plain shaft sputter bearings without housing (other than spherical bearings), each weighing 260 grams or more Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.44 Plain shaft sputter bearings without housing (other than spherical bearings), each weighing 260 g or more, with journal size measuring 117 mm or more (provided for in subheading 8483.30.80) Free No change No change On or before 12/31/2015 . 1513. Certain fuel injection pumps for compression-ignition engines Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.45 Fuel injection pumps for compression-ignition engines, each weighing 60 kg or more and functional in a common rail fuel system with a pressure greater than 1200 bar (provided for in subheading 8413.30.10) Free No change No change On or before 12/31/2015 . 1514. Certain pistons for marine propulsion engines Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.46 Pistons for marine propulsion engines, such pistons each weighing 12 kg or more (provided for in subheading 8409.99.92) Free No change No change On or before 12/31/2015 . 1515. Golf club driver heads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.47 Golf club driver heads (provided for in subheading 9506.39.00) 4.6% No change No change On or before 12/31/2015 . 1516. Fairway wood heads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.48 Fairway wood heads (provided for in subheading 9506.39.00) Free No change No change On or before 12/31/2015 . 1517. Golf club iron heads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.49 Golf club iron heads (provided for in subheading 9506.39.00) 3% No change No change On or before 12/31/2015 . 1518. Golf club putter heads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.50 Golf club putter heads (provided for in subheading 9506.39.00) 3% No change No change On or before 12/31/2015 . 1519. Golf wedge club heads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.51 Golf wedge club heads (provided for in subheading 9506.39.00) 3% No change No change On or before 12/31/2015 . 1520. Hybrid golf club heads Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.52 Hybrid golf club heads (provided for in subheading 9506.39.00) Free No change No change On or before 12/31/2015 . 1521. Woven mesh fabrics of filaments of perfluoroalkoxy copolymer resin for use in certain manufacturing filters Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.53 Woven mesh fabrics of filaments of perfluoroalkoxy copolymer resin, such filaments of fibers each measuring less than 100 microns in diameter, the foregoing for use in manufacturing filters of heading 8421 or 8486 (provided for in subheading 5407.71.00) Free No change No change On or before 12/31/2015 . 1522. Encapsulated ascorbic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.54 Ascorbic acid (CAS No. 50–81–7) encapsulated in cellulose acetate butyrate (CAS No. 9004–36–8) (provided for in subheading 3815.90.50) Free No change No change On or before 12/31/2015 . 1523. Bisphenol A bis(3-methacryloyloxypropyl) ether Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.55 Bisphenol A bis(3-methacryloyloxypropyl) ether (CAS No. 27689–12–9) (provided for in subheading 2916.14.20) Free No change No change On or before 12/31/2015 . 1524. Copoly(acrylic acid/itaconic acid) Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.56 Copoly(acrylic acid/itaconic acid) (CAS No. 25948–33–8) (provided for in subheading 3906.90.50) Free No change No change On or before 12/31/2015 . 1525. Certain polycrystalline fibers designed for use in pollution control devices for motor vehicles Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.57 Polycrystalline fibers consisting of greater than 70% alumina and less than 30% silica, in bulk, roll or blanket form (provided for in subheading 6806.10.00 or 6806.90.00), the foregoing of a kind used in pollution control devices for motor vehicles Free No change No change On or before 12/31/2015 . 1526. Certain plastic children's wallets Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.58 Children's wallets with outer surface of sheeting of reinforced or laminated plastics, valued not over $1.00 each, the foregoing with dimensions not exceeding 26 cm by 11.5 cm and with artwork or graphics using cartoon characters or other children's motifs (provided for in subheading 4202.32.10) Free No change No change On or before 12/31/2015 . 1527. Certain bamboo baskets Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.59 Baskets made directly to shape from dyed bamboo, with handle, having an opening measuring 30.48 cm or more in largest dimension (provided for in subheading 4602.11.09) Free No change No change On or before 12/31/2015 . 1528. Bamboo kitchen forks, spoons, spatulas, turners and scrapers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.60 Kitchen forks, spoons, spatulas, turners and scrapers, the foregoing entirely of bamboo (provided for in subheading 4419.00.40 or 4419.00.80) Free No change No change On or before 12/31/2015 . 1529. Certain electromechanical wine bottle openers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.61 Electromechanical wine bottle openers, each with self-contained electric motor powered by one or more batteries designed to be recharged when such opener is placed in an associated base unit (provided for in subheading 8509.80.50) Free No change No change On or before 12/31/2015 . 1530. Certain accordion-style file folders for organizing coupons or other contents Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.62 Accordion-style file folders with outer surface of plastic sheeting, each designed to be closed by a flap secured by a snap, magnet or elastic band and hook closure, not exceeding 203.2 mm in height, width or depth and divided into two or more internal spaces for organizing coupons or other contents (provided for in subheading 4202.32.20) Free No change No change On or before 12/31/2015 . 1531. Certain inflatable swimming pools Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.63 Inflatable swimming pools with a diameter not exceeding approximately 1.65 m (provided for in subheading 9506.99.55) Free No change No change On or before 12/31/2015 . 1532. Certain cellular plastic sheets of poly(tetrafluoroethylene) with retention rating of 10–30 nanometers for use in certain manufacturing filters Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.64 Cellular plastic sheets of poly(tetrafluoroethylene) with retention rating of 10–30 nanometers, suitable for use in manufacturing filters of heading 8421 or 8486 (provided for in subheading 3921.19.00) Free No change No change On or before 12/31/2015 . 1533. Certain cellular plastic sheets of poly-tetrafluoroethylene measuring 10 microns to 140 microns thick for use in certain manufacturing filters Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.65 Cellular plastic sheets of poly-tetrafluoroethylene measuring 10 microns to 140 microns thick with pore size ranging from 0.03 to 0.15 microns suitable for use in manufacturing filters of heading 8421 or 8486 (provided for in subheading 3921.19.00) Free No change No change On or before 12/31/2015 . 1534. Fosamine-ammonium Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.66 Ammonium ethyl carbamoylphosphonate (Fosamine-ammonium) (CAS No. 25954–13–6) (provided for in subheading 2931.90.90) Free No change No change On or before 12/31/2015 . 1535. 1-Chlorobutane Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.67 1-Chlorobutane (CAS No. 109–69–3) (provided for in subheading 2903.19.60) Free No change No change On or before 12/31/2015 . 1536. 1,6-Dichlorohexane Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.68 1,6-Dichlorohexane (CAS No. 2163–00–0) (provided for in subheading 2903.19.60) Free No change No change On or before 12/31/2015 . 1537. Triallyl cyanurate Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.69 Triallyl cyanurate (CAS No. 101–37–1) (provided for in subheading 2933.69.60) Free No change No change On or before 12/31/2015 . 1538. 2-[1,3-Dioxo-1-[(2-oxo-1,3-dihydrobenzimidazol-5-yl)amino]butan-2-yl]diazenylbenzoic acid Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.70 2-[1,3-Dioxo-1-[(2-oxo-1,3-dihydrobenzimidazol-5-yl)amino]butan-2-yl]diazenylbenzoic acid (CAS No. 31837–42–0) (provided for in subheading 3204.17.60) Free No change No change On or before 12/31/2015 . 1539. Fluorescent Brightener CBS-X Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.71 Benzenesulfonic acid, 2,2′-(4,4′-biphenylylenedivinylene)-di-, disodium salt (Fluorescent Brightener CBS-X) (CAS No. 27344–41–8) (provided for in subheading 3204.20.80) 1.4% No change No change On or before 12/31/2015 . 1540. Certain plastic device book-style covers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.72 Book-style covers with an outer surface of plastics, designed for use with portable electronic devices of a kind classified in heading 8470, 8471, 8543 or 8517 (provided for in subheading 3926.10.00) Free No change No change On or before 12/31/2015 . 1541. Certain textile device book style covers Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.73 Book cover style covers with an exterior surface of textile materials (provided for in subheading 6307.90.98) designed for portable electronic devices of a kind classified in heading 8470, 8471, 8543 and 8517 Free No change No change On or before 12/31/2015 . 1542. Certain plastic device covers and stands Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.74 Covers with an exterior surface of plastics (provided for in subheading 3926.10.00) that convert to a stand and incorporate a frame to hold portable electronic devices of a kind classified in heading 8470, 8471, 8543 and 8517 1.6% No change No change On or before 12/31/2015 . 1543. Certain women’s sports bras Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.75 Women’s sports bras of fabric containing elastomeric fiber, whether assembled or knitted in the piece, with textile or polymer-based electrodes knit into or attached to the fabric and that incorporates two snaps designed to secure a module that transmits heart rate information from the electrodes to a compatible monitor (provided for subheading 6212.10.90) Free No change No change On or before 12/31/2015 . 1544. Certain knit tank tops Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.76 Knit tank tops of fabric containing elastomeric fiber, whether assembled or knitted in the piece, with textile or polymer-based electrodes knit into or attached to the fabric and that incorporates two snaps designed to secure a module that transmits heart rate information from the electrodes to a compatible monitor (provided for in subheading 6109.90.10) Free No change No change On or before 12/31/2015 . 1545. Certain knit garments Subchapter II of chapter 99 is amended by inserting in numerical sequence the following new heading: 9902.47.77 Knit garments of fabric containing elastomeric fiber, whether assembled or knitted in the piece, with textile or polymer-based electrodes knit into or attached to the fabric and that incorporates two snaps designed to secure a module that transmits heart rate information from the electrodes to a compatible monitor (provided for in subheading 6110.30.30) Free No change No change On or before 12/31/2015 . 1546. Effective date The amendments made by this title apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. II Existing duty suspensions and reductions 2001. Extension of certain existing duty suspensions and reductions and other modifications (a) Extensions Each of the following headings is amended by striking the date in the effective period column and inserting 12/31/2015 : (1) Heading 9902.01.75 (relating to Acid Black 172). (2) Heading 9902.02.73 (relating to Reactive Blue 224). (3) Heading 9902.02.62 (relating to Reactive Yellow 27). (4) Heading 9902.24.87 (relating to Solvent Yellow 163). (5) Heading 9902.24.89 (relating to Reactive Red 123). (6) Heading 9902.24.95 (relating to [(9,10-Dihydro-9,10-dioxo-1,4-anthracenediyl)bis[imino[3- (2-methylpropyl)-3,1-propanediyl]]] bisbenzenesulfonic acid, disodium salt). (7) Heading 9902.24.98 (relating to 2-[[[2, 5-Dichloro-4-[(2-methyl-1H-indol-3-yl)azo]phenyl] sulfonyl]amino]-ethanesulfonic acid, monosodium salt). (8) Heading 9902.24.86 (relating to Acid Red 414). (9) Heading 9902.29.23 (relating to 2-Methyl-5-nitrobenzenesulfonic acid). (10) Heading 9902.40.04 (relating to certain acrylic staple fibers). (11) Heading 9902.40.09 (relating to certain modacrylic staple fibers). (12) Heading 9902.40.17 (relating to certain acrylic staple fibers). (13) Heading 9902.40.16 (relating to certain acrylic staple fibers). (14) Heading 9902.10.81 (relating to Thidiazuron). (15) Heading 9902.10.35 (relating to thiacloprid). (16) Heading 9902.40.72 (relating to Pyrasulfotole). (17) Heading 9902.10.54 (relating to 2-Ethylhexyl (4-chloro-2-methylphenoxy) acetate (MCPA-2-ethylhexyl)). (18) Heading 9902.25.42 (relating to MCPA dimethylammonium). (19) Heading 9902.23.26 (relating to 4-(2,4-Dichlorophenoxy) butyric acid (2,4-DB) and 4-(2,4- dichlorophenoxy) butyric acid, dimethylamine salt (2,4-DB-dimethylammonium)). (20) Heading 9902.22.94 (relating to MCPB Acid and MCPB Sodium Salt). (21) Heading 9902.22.97 (relating to Bromoxynil Octanoate). (22) Heading 9902.22.96 (relating to triphenyltin hydroxide). (23) Heading 9902.23.25 (relating to dichlorprop-p acid, dichlorprop-p dimethylamine salt, and dichlorprop-p 2-ethylhexyl ester). (24) Heading 9902.13.27 (relating to formulations containing Bromacil and Diuron and application adjuvants). (25) Heading 9902.13.26 (relating to formulations of Diuron and application adjuvants). (26) Heading 9902.12.43 (relating to Dimethyl carbonate). (27) Heading 9902.12.44 (relating to 5-Chloro-1-indanone). (28) Heading 9902.40.70 (relating to 2-Chloro-6-Fluorobenzyl Chloride). (29) Heading 9902.33.61 (relating to carbamic acid ((3-((Dimethylamino)carbonyl)-2-pyridinyl)sulfonyl) carbamic acid, phenyl ester). (30) Heading 9902.29.02 (relating to 2-Acetylnicotinic acid). (31) Heading 9902.24.18 (relating to mixtures of 2-amino-2,3-dimethylbutanenitrile and toluene). (32) Heading 9902.24.20 (relating to 3,5-Difluoroaniline). (33) Heading 9902.22.04 (relating to Methyl methoxyacetate). (34) Heading 9902.24.30 (relating to Dinotefuran). (35) Heading 9902.02.44 (relating to Reactive Red 266). (36) Heading 9902.02.75 (relating to esters and sodium esters of parahydroxybenzoic acid). (37) Heading 9902.22.41 (relating to Isobutyl 4-hydroxybenzoate and its sodium salt). (38) Heading 9902.33.63 (relating to 3-(ethylsulfonyl)-2-pyridinesulfonamide). (39) Heading 9902.25.30 (relating to certain used fuel, lubricating, or cooling medium pumps). (40) Heading 9902.25.31 (relating to certain used compression-ignition internal combustion piston engines). (41) Heading 9902.25.32 (relating to certain used gear boxes). (42) Heading 9902.11.26 (relating to Deltamethrin). (43) Heading 9902.11.45 (relating to Ethyl 4,5-dihydro-5,5-diphenyl-1,2-oxazole-3-carboxylate (Isoxadifen-Ethyl)). (44) Heading 9902.24.19 (relating to 2,3-Quinolinedicarboxylic acid). (45) Heading 9902.22.33 (relating to 1,2,4-Trichlorobenzene). (46) Heading 9902.13.29 (relating to Brodifacoum). (47) Heading 9902.01.60 (relating to 2-Mercaptoethanol). (48) Heading 9902.23.41 (relating to electromechanical ice shavers, with self-contained electric motor). (49) Heading 9902.23.40 (relating to combination single slot toaster and toaster ovens). (50) Heading 9902.23.39 (relating to electric knives). (51) Heading 9902.23.38 (relating to handheld electric can openers). (52) Heading 9902.23.47 (relating to self contained, carafe-less automatic drip coffeemaker with electronic clock). (53) Heading 9902.23.46 (relating to self-contained, carafe-less automatic drip coffeemaker without electronic clock). (54) Heading 9902.23.45 (relating to open top, electric indoor grills). (55) Heading 9902.23.44 (relating to certain electric juice extractors rated at 800W or higher). (56) Heading 9902.23.43 (relating to certain electric juice extractors). (57) Heading 9902.23.42 (relating to sandwich toaster grills). (58) Heading 9902.22.43 (relating to Phosphinic acid, diethyl-, aluminum salt with synergists and encapsulating agents). (59) Heading 9902.22.42 (relating to Phosphinic acid, diethyl-, aluminum salt). (60) Heading 9902.03.03 (relating to Sulfur black 1). (61) Heading 9902.84.81 (relating to certain manufacturing equipment). (62) Heading 9902.02.32 (relating to an ion exchange resin comprising a copolymer of styrene crosslinked with divinylbenzene, iminodiacetic acid, sodium form). (63) Heading 9902.02.33 (relating to an ion exchange resin comprising a copolymer of styrene crosslinked with ethenylbenzene, aminophosphonic acid, sodium form). (64) Heading 9902.40.79 (relating to 2-hydroxypropylmethyl cellulose). (65) Heading 9902.90.01 (relating to certain women’s sports footwear). (66) Heading 9902.25.15 (relating to 4-Chloro-2-nitroaniline). (67) Heading 9902.29.61 (relating to quinoline). (68) Heading 9902.33.92 (relating to 2,2-Dithiobis(8-fluoro-5-methoxy)-1,2,4-triazolo[1,5-c] pyrimidine). (69) Heading 9902.32.93 (relating to methoxyfenozide). (70) Heading 9902.29.06 (relating to diphenyl sulfide). (71) Heading 9902.29.58 (relating to DEPCT). (72) Heading 9902.32.87 (relating to fenbuconazole). (73) Heading 9902.29.26 (relating to 1,3-Dimethyl-2-imidazolidinone). (74) Heading 9902.30.49 (relating to Ethalfluralin). (75) Heading 9902.02.96 (relating to Isoxaben). (76) Heading 9902.29.59 (relating to Benfluralin). (77) Heading 9902.29.16 (relating to 4,4-Dimethoxy-2-butanone). (78) Heading 9902.02.93 (relating to mixed isomers of 1,3–dichloropropene). (79) Heading 9902.24.12 (relating to nylon woolpacks used to package wool). (80) Heading 9902.84.83 (relating to certain manufacturing equipment). (81) Heading 9902.29.07 (relating to 4-Hexylresorcinol). (82) Heading 9902.85.08 (relating to AC electric motors of an output exceeding 74.6 W but not exceeding 95 W). (83) Heading 9902.22.66 (relating to a compound of strontium chloroapatite-europium). (84) Heading 9902.22.68 (relating to strontium magnesium phosphate-tin doped inorganic products of a kind used as luminophores). (85) Heading 9902.22.62 (relating to resin cement based on calcium carbonate and silicone resins). (86) Heading 9902.22.67 (relating to zinc silicate phosphor). (87) Heading 9902.22.61 (relating to a mixture of barium carbonate, strontium carbonate, calcium carbonate, and 1-methoxy-2-propanol acetate, for use as emitter suspension cathode coating). (88) Heading 9902.22.72 (relating to calcium chloride phosphate phosphor). (89) Heading 9902.22.74 (relating to small particle calcium chloride phosphate phosphor). (90) Heading 9902.23.56 (relating to certain 6-volt batteries). (91) Heading 9902.23.52 (relating to certain color video monitors with flat panel screens). (92) Heading 9902.12.50 (relating to Pigment Brown 25). (93) Heading 9902.02.98 (relating to polytetramethylene ether glycol). (94) Heading 9902.25.11 (relating to p-Toluenesulfonyl chloride). (95) Heading 9902.40.82 (relating to Dilauroyl peroxide). (96) Heading 9902.40.60 (relating to Didecanoyl peroxide). (97) Heading 9902.22.80 (relating to Titanium mononitride). (98) Heading 9902.23.65 (relating to Phenyl salicylate (benzoic acid, 2-hydroxy-, phenyl ester)). (99) Heading 9902.10.43 (relating to 2,4-Xylidine). (100) Heading 9902.40.71 (relating to partially polymerized (dimerized) rosin). (101) Heading 9902.11.78 (relating to ion-exchange resin powder comprised of a copolymer of methacrylic acid cross-linked with divinylbenzene, in the hydrogen ionic form). (102) Heading 9902.05.22 (relating to fenpropathrin). (103) Heading 9902.24.31(relating to Etoxazole). (104) Heading 9902.24.21 (relating to Clomazone). (105) Heading 9902.24.16 (relating to Fipronil). (106) Heading 9902.40.55 (relating to copper oxychloride and copper hydroxide). (107) Heading 9902.11.15 (relating to Tetraconazole). (108) Heading 9902.26.12 (relating to artificial filament single yarn (other than sewing thread), not put up for retail sale, of viscose rayon, untwisted or with a twist not exceeding 120 turns/m). (109) Heading 9902.22.82 (relating to electrically operated pencil sharpeners). (110) Heading 9902.11.93 (relating to 1,4-Benzenedicarboxylic acid, polymer with N,N′Bis(2-aminoethyl)-1,2-ethanediamine, cyclized, methosulfate). (111) Heading 9902.85.21 (relating to liquid crystal display (LCD) panel assemblies). (112) Heading 9902.01.65 (relating to p-cresidinesulfonic acid). (113) Heading 9902.01.68 (relating to N-ethyl-N-(3-sulfobenzyl)aniline (3- [(ethylphenylamino)methyl]-benzenesulfonic acid)). (114) Heading 9902.23.66 (relating to synthetic indigo powder, (3H-indol-3-one, 2-(1,3-dihydro- 3-oxo-2H-indol-2-ylidene)-1,2-dihydro-)). (115) Heading 9902.01.66 (relating to 2,4-disulfobenzaldehyde). (116) Heading 9902.02.38 (relating to 2-amino-5-sulfobenzoic acid). (117) Heading 9902.02.39 (relating to 2,5-bis[(1,3-dioxobutyl)amino]benzenesulfonic acid). (118) Heading 9902.25.05 (relating to Direct Yellow 119). (119) Heading 9902.02.37 (relating to 2-amino-6-niotrophenol-4-sulfonic acid). (120) Heading 9902.02.41 (relating to 4-[(4-aminophenyl)azo]benzenesulfonic acid). (121) Heading 9902.25.04 (relating to Basic Yellow 40 chloride based). (122) Heading 9902.22.48 (relating to certain turn or turned footwear with outer soles of leather and uppers of leather). (123) Heading 9902.22.08 (relating to Pyridaben). (124) Heading 9902.12.47 (relating to decanedioic acid, bis(2,2,6,6-tetramethyl-4-piperidinyl) ester). (125) Heading 9902.02.48 (relating to Reactive Red 238). (126) Heading 9902.02.47 (relating to Reactive Blue 235). (127) Heading 9902.24.45 (relating to Vat Black 25). (128) Heading 9902.02.46 (relating to Reactive Yellow 7459). (129) Heading 9902.32.26 (relating to Pigment Red 185). (130) Heading 9902.85.42 (relating to certain cathode-ray tubes). (131) Heading 9902.85.41 (relating to certain cathode-ray tubes). (132) Heading 9902.28.19 (relating to 9-Anthracenecarboxylic acid, (triethoxysilyl)methyl ester). (133) Heading 9902.32.90 (relating to Diiodomethyl- p- tolylsulfone). (134) Heading 9902.11.86 (relating to Methyl Hydroxyethyl Cellulose with a 77% or greater content of 2-hydroxyethylmethyl ether cellulose). (135) Heading 9902.23.91 (relating to Allyl pentaerythritol). (136) Heading 9902.22.60 (relating to 1,2-Bis(3-aminopropyl)ethylenediamine, polymer with N-butyl-2,2,6,6-tetramethyl-4-piperidinamine and 2,4,6-trichloro-1,3,5-triazine). (137) Heading 9902.24.77 (relating to 2,2 -(2,5-Thiophenediyl)bis(5-(1,1-dimethylethyl)). (138) Heading 9902.23.90 (relating to p-Nitrobenzoic acid). (139) Heading 9902.64.04 (relating to certain ski boots, cross country ski footwear, and snowboard boots). (140) Heading 9902.05.17 (relating to tebufenozide). (141) Heading 9902.22.34 (relating to benzoic acid, 3,4,5-trihydroxy-, propyl ester). (142) Heading 9902.25.16 (relating to o-chloro-p-toluidine (3-chloro-4-methylaniline)). (143) Heading 9902.25.20 (relating to Copper Phthalocyanine Green 7, Crude). (144) Heading 9902.05.14 (relating to pyromellitic dianhydride). (145) Heading 9902.03.79 (relating to mixtures of Thiophanate methyl and application adjuvants). (146) Heading 9902.05.35 (relating to certain footwear consisting of an outer sole affixed to an incomplete or unfinished upper). (147) Heading 9902.24.47 (relating to methyl salicylate). (148) Heading 9902.24.84 (relating to Tralopyril). (149) Heading 9902.24.79 (relating to mixtures of Propiconazole and 3-iodo-2-propynyl butylcarbamate and application adjuvants). (150) Heading 9902.01.34 (relating to cyclohexanepropanoic acid, 2-propenyl ester). (151) Heading 9902.05.04 (relating to methyl cinnamate (methyl phenylprop-2-enoate)). (152) Heading 9902.24.05 (relating to 9, 10-anthracenedione, 2-(1,1-dimethylpropyl)- and 9,10-anthracenedione, 2-(1,2-dimethylpropyl)-). (153) Heading 9902.05.03 (relating to 3,3,5-trimethylcyclohexanol). (154) Heading 9902.22.87 (relating to magnesium peroxide, minimum 25 percent purity). (155) Heading 9902.01.43 (relating to thymol). (156) Heading 9902.01.39 (relating to 2,2-dimethyl-3-(3-methylphenyl)propanol). (157) Heading 9902.11.60 (relating to 1,2-pentanediol). (158) Heading 9902.01.41 (relating to allyl isothiocyanate). (159) Heading 9902.11.62 (relating to Agrumex). (160) Heading 9902.11.57 (relating to p-anisaldehyde). (161) Heading 9902.03.49 (relating to Disperse Red 60). (162) Heading 9902.03.48 (relating to Disperse Yellow 64). (163) Heading 9902.02.65 (relating to Vat Blue 66). (164) Heading 9902.02.63 (relating to cuprate (4-), [2-[[3-[[substituted]-1,3,5-triazin-2-yl]amino]- 2-hydroxy-5-sulfophenyl] (substituted)azo], sodium salt). (165) Heading 9902.03.51 (relating to Disperse Blue 77). (166) Heading 9902.24.91 (relating to Reactive Black 5). (167) Heading 9902.25.02 (relating to Acid Blue 324). (168) Heading 9902.23.88 (relating to certain subassemblies for instruments or apparatus for measuring or checking electrical quantities for telecommunications). (169) Heading 9902.23.86 (relating to certain parts or accessories of instruments or apparatus for measuring or checking electrical quantities for telecommunications). (170) Heading 9902.10.22 (relating to acrylic or modacrylic staple fibers, carded combed or otherwise processed for spinning). (171) Heading 9902.40.22 (relating to certain acrylic filament tow (polyacrylonitrile tow)). (172) Heading 9902.40.23 (relating to certain dyed acrylic staple fibers). (173) Heading 9902.40.24 (relating to acrylic staple fibers, not dyed and not carded, combed, or otherwise processed for spinning, with a cut fiber length of 89 mm to 140 mm and a target length of 115 mm). (174) Heading 9902.40.30 (relating to certain dyed polyacrylonitrile staple). (175) Heading 9902.40.31 (relating to certain undyed polyacrylonitrile staple). (176) Heading 9902.33.59 (relating to Phenyl (4,6-dimethoxy-pyrimidin-2-yl) carbamate). (177) Heading 9902.05.01 (relating to Mixtures of methyl 2-[[[[[4-(dimethylamino)-6-(2,2,2-trifluoroethoxy)-1,3,5-triazin-2-yl]amino]carbonyl]amino]sulfonyl]-3-methylbenzoate). (178) Heading 9902.13.45 (relating to Pyrithiobac-sodium). (179) Heading 9902.10.82 (relating to Flutolanil). (180) Heading 9902.13.28 (relating to 3-(6-Methoxy-4-methyl-1,3,5-triazin-2-yl)-1-[2-(2-chloroethoxy)phenylsulfonyl]urea (Triasulfuron)). (181) Heading 9902.24.62 (relating to phosphoric acid, tris (2-ethylhexyl) ester). (182) Heading 9902.13.32 (relating to N-[[(4,6-Dimethoxy-2-pyrimidinyl)amino]carbonyl]-3-(2,2,2-trifluoroethoxy)-2-pyridinesulfonamide monosodium salt (trifloxysulfuron-sodium)). (183) Heading 9902.11.01 (relating to glyoxylic acid). (184) Heading 9902.10.38 (relating to Fenamidone). (185) Heading 9902.12.02 (relating to Spirodiclofen). (186) Heading 9902.10.64 (relating to 2,4-dichloroaniline). (187) Heading 9902.10.36 (relating to Pyrimethanil). (188) Heading 9902.40.29 (relating to onitrophenol). (189) Heading 9902.01.45 (relating to Esfenvalerate). (190) Heading 9902.40.56 (relating to Benzene, 2,4-dichloro-1,3-dinitro-5-(trifluoromethyl)). (191) Heading 9902.02.08 (relating to Cyprodinil). (192) Heading 9902.29.93 (relating to Trinexapac-ethyl). (193) Heading 9902.12.53 (relating to certain mixtures of Difenoconazole and Mefenoxam). (194) Heading 9902.02.05 (relating to mucochloric acid). (195) Heading 9902.02.02 (relating to Methidathion). (196) Heading 9902.40.83 (relating to 4-Chloro-3,5-dinitro-α,α,α-trifluorotoluene). (197) Heading 9902.03.01 (relating to yarn of combed cashmere or yarn of camel hair). (198) Heading 9902.03.02 (relating to yarn of carded cashmere of 19.35 metric yarn count or higher). (199) Heading 9902.12.20 (relating to camel hair, processed beyond the degreased or carbonized condition). (200) Heading 9902.12.21 (relating to waste of camel hair). (201) Heading 9902.12.22 (relating to camel hair, carded or combed). (202) Heading 9902.12.23 (relating to woven fabrics containing 85 percent or more by weight of vicuna hair). (203) Heading 9902.12.24 (relating to camel hair, not processed in any manner beyond the degreased or carbonized condition). (204) Heading 9902.12.25 (relating to noils of camel hair). (205) Heading 9902.22.77 (relating to fine animal hair of Kashmir (cashmere) goats, processed beyond the degreased or carbonized condition). (206) Heading 9902.40.85 (relating to yarn of carded hair of Kashmir (cashmere) goats, of yarn count less than 19.35 metric, not put up for retail sale). (207) Heading 9902.40.86 (relating to yarn of carded camel hair). (208) Heading 9902.01.56 (relating to 2-Chlorobenzyl chloride). (209) Heading 9902.10.80 (relating to Permethrin). (210) Heading 9902.40.05 (relating to certain modacrylic staple fibers). (211) Heading 9902.40.06 (relating to certain acrylic staple fibers). (212) Heading 9902.40.07 (relating to certain acrylic staple fibers). (213) Heading 9902.40.08 (relating to certain acrylic staple fibers). (214) Heading 9902.40.11 (relating to certain acrylic staple fibers). (215) Heading 9902.40.12 (relating to certain acrylic filament tow). (216) Heading 9902.40.13 (relating to acrylic filament tow containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, raw white (undyed), crimped, with an average decitex of 2.2 (plus or minus 10 percent) and an aggregate filament measure in the tow bundle from 660,000 to 1,200,000 decitex, with a length greater than 2 meters). (217) Heading 9902.40.14 (relating to acrylic filament tow containing 85 percent or more by weight of acrylonitrile units and 2 percent or more but not over 3 percent of water, raw white (undyed), crimped, with an average decitex of 3.3 (plus or minus 10 percent) and an aggregate filament measure in the tow bundle from 660,000 to 1,200,000 decitex, with a length greater than 2 meters). (218) Heading 9902.40.15 (relating to certain acrylic staple fibers). (219) Heading 9902.40.03 (relating to certain modacrylic staple fibers). (220) Heading 9902.25.59 (relating to staple fibers of viscose rayon, not carded, combed, or otherwise processed for spinning). (221) Heading 9902.23.34 (relating to staple fibers of rayon, carded, combed, or otherwise processed for spinning). (222) Heading 9902.12.34 (relating to Chloroacetic acid, sodium salt). (223) Heading 9902.02.67 (relating to acetyl chloride). (224) Heading 9902.34.01 (relating to sodium petroleum sulfonic acids, sodium salts). (225) Heading 9902.23.27 (relating to filament tow of rayon). (226) Heading 9902.13.44 (relating to 2-methyl-4-methoxy-6-methylamino-1,3,5-triazine). (227) Heading 9902.13.42 (relating to 2-amino-4-methoxy-6-methyl-1,3,5-triazine). (228) Heading 9902.40.36 (relating to certain air pressure distillation columns). (229) Heading 9902.22.17 (relating to 2-Chlorotoluene). (230) Heading 9902.22.18 (relating to Chloromethylbenzene). (231) Heading 9902.22.20 (relating to 2,3-Dichloronitrobenzene). (232) Heading 9902.02.14 (relating to Phenylisocyanate). (233) Heading 9902.24.55 (relating to certain ethylene-vinyl acetate copolymers). (234) Heading 9902.22.19 (relating to Bayderm Bottom DLV-N) (235) Heading 9902.29.25 (relating to 2-Phenylphenol). (236) Heading 9902.29.83 (relating to Iminodisuccinate). (237) Heading 9902.10.71 (relating to Spiromesifen). (238) Heading 9902.10.67 (relating to Cyfluthrin). (239) Heading 9902.10.72 (relating to 4-Chlorobenzaldehyde). (240) Heading 9902.39.08 (relating to Orgasol polyamide powders). (241) Heading 9902.02.01 (relating to Paclobutrazol). (242) Heading 9902.12.05 (relating to Chloroacetone). (243) Heading 9902.13.08 (relating to leather basketballs). (244) Heading 9902.40.25 (relating to ε-Caprolactone-2-ethyl-2-(hydroxymethyl)-1,3-propanediol polymer). (245) Heading 9902.40.26 (relating to ε-Caprolactone-neopentylglycol copolymer). (246) Heading 9902.13.24 (relating to Linuron). (247) Heading 9902.38.09 (relating to mixtures of enilconazole (Imazalil) and application adjuvants). (248) Heading 9902.40.27 (relating to Dodecahydro-3a,6,6,9atetramethyl naphtho(2,1-b)furan). (249) Heading 9902.23.49 (relating to Dimethyl malonate). (250) Heading 9902.40.35 (relating to 4′-methoxy-2,2′,4-trimethyl diphenylamine). (251) Heading 9902.13.30 (relating to Pymetrozine). (252) Heading 9902.12.56 (relating to Avermectin B). (253) Heading 9902.11.74 (relating to Cypermethrin). (254) Heading 9902.32.22 (relating to Pigment Red 187). (255) Heading 9902.25.09 (relating to Propargite). (256) Heading 9902.25.06 (relating to Pentaerythritol tetrakis[3-(dodecylthio)propionate]). (257) Heading 9902.24.23 (relating to N,N-Hexane-1,6-diylbis(3-(3,5-di-tert-butyl-4-hydroxy-phenylpropionamide))). (258) Heading 9902.25.08 (relating to Ipconazole). (259) Heading 9902.12.01 (relating to Butralin). (260) Heading 9902.01.59 (relating to Etridiazole). (261) Heading 9902.25.07 (relating to 2,2,6,6-Tetramethyl-4-piperidinone). (262) Heading 9902.22.45 (relating to cyanuric chloride). (263) Heading 9902.39.30 (relating to certain ion-exchange resins, copolymerized from acrylonitrile with divinylbenzene, ethylvinylbenzene and 1,7-octadiene, hydrolyzed). (264) Heading 9902.11.71 (relating to certain ion-exchange resins consisting of copolymers of acrylic acid and diethylene glycol divinyl ether). (265) Heading 9902.23.10 (relating to 1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized, reduced hydrolyzed). (266) Heading 9902.23.19 (relating to Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced). (267) Heading 9902.23.15 (relating to Methoxycarbonyl-terminated perfluorinated polyoxymethylene-polyoxyethylene). (268) Heading 9902.40.28 (relating to Propanoic acid, 3-hydroxy-2-(hydroxymethyl)-2-,methyl polymers with 5-isocyanato-1-(isocyanatomethyl)- 1,3,3-trimethylcyclohexane and reduced methyl esters of reduced polymerized, oxidized tetrafluoroethylene, compounds with trimethylamine). (269) Heading 9902.23.02 (relating to Diaminodecane). (270) Heading 9902.23.14 (relating to 1,1,2-2-Tetrafluoroethene, oxidized, polymerized). (271) Heading 9902.29.03 (relating to p-Hydroxybenzoic acid). (272) Heading 9902.23.18 (relating to Oxiranemethanol, polymers with reduced methyl esters of reduced polymerized oxidized tetrafluoroethylene). (273) Heading 9902.23.17 (relating to Ethene, tetrafluoro, oxidized, polymerized reduced, methyl esters, reduced, ethoxylated). (274) Heading 9902.22.54 (relating to 1-Naphthyl, N-methylcarbamate). (275) Heading 9902.11.79 (relating to ion-exchange resin powder comprised of a copolymer of methacrylic acid cross-linked with divinylbenzene, in the potassium ionic form, of a nominal particle size between 0.025 mm and 0.150 mm, dried to less than 10% moisture). (276) Heading 9902.22.10 (relating to 2-phenylphenol sodium salt). (277) Heading 9902.23.06 (relating to mixtures or coprecipitates of yttrium phosphate and cerium phosphate). (278) Heading 9902.12.77 (relating to 4,8-Dicyclohexyl -6–2,10-dimethyl -12H-dibenzo[d,g][1,3,2]- dioxaphosphocin). (279) Heading 9902.12.76 (relating to mixtures of zinc dicyanato diamine with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents). (280) Heading 9902.12.78 (relating to mixtures of benzenesulfonic acid, dodecyl-, with 2- aminoethanol and Poly (oxy-1,2-ethanediyl), α-[1-oxo-9- octadecenyl]- w-hydroxy-, (9Z)). (281) Heading 9902.12.74 (relating to mixtures of caprolactam disulfide with an elastomer binder of ethylene-propylene-diene monomer and ethyl vinyl acetate, and dispersing agents). (282) Heading 9902.01.01 (relating to bitolylene diisocyanate). (283) Heading 9902.23.11 (relating to 1-Propene, 1,1,2,3,3,3-hexafluoro-, oxidized, polymerized). (284) Heading 9902.01.90 (relating to certain twisted synthetic filament yarns). (285) Heading 9902.01.91 (relating to certain untwisted synthetic filament yarns). (286) Heading 9902.22.22 (relating to Basic Red 1). (287) Heading 9902.23.64 (relating to Acetoacetyl-2,5-dimethoxy-4-chloroanilide). (288) Heading 9902.23.63 (relating to 3-Amino-4-methylbenzamide). (289) Heading 9902.23.61 (relating to Basic Blue 7). (290) Heading 9902.23.59 (relating to 5-Chloro-3-hydroxy-2-methyl-2-naphthanilide). (291) Heading 9902.23.60 (relating to Basic Violet 1). (292) Heading 9902.23.58 (relating to 5-Chloro-3-hydroxy-2-methoxy-2-naphthanilide). (293) Heading 9902.25.13 (relating to p-Aminobenzamide (4-aminobenzamide)). (294) Heading 9902.22.23 (relating to Basic Red 1:1). (295) Heading 9902.03.89 (relating to artichokes, prepared or preserved otherwise than by vinegar or acetic acid, not frozen). (296) Heading 9902.23.07 (relating to oysters (other than smoked), prepared or preserved). (297) Heading 9902.25.40 (relating to styrene, ar-ethyl-, polymer with divinylbenzene and styrene beads having low ash content and specifically manufactured for use as a specialty filler in lost wax mold casting applications in a variety of other specialty filler applications). (298) Heading 9902.02.95 (relating to 2 propenoic acid, polymer with diethenylbenzene). (299) Heading 9902.01.47 (relating to helium). (300) Heading 9902.02.87 (relating to asulam sodium salt and mixed application adjuvants). (301) Heading 9902.02.30 (relating to macroporous ion-exchange resin comprising a copolymer of styrene crosslinked with divinylbenzene, thiol functionalized). (302) Heading 9902.01.25 (relating to (benzothiazol-2-ylthio)succinic acid). (303) Heading 9902.01.27 (relating to 4-methyl-g-oxobenzenebutanoic acid compounded with 4-ethylmorpholine). (304) Heading 9902.01.05 (relating to 1-methylimidazole). (305) Heading 9902.22.70 (relating to calcium chloride phosphate phosphor activated by manganese and antimony). (306) Heading 9902.23.30 (relating to certain porcelain lamp-holder housings). (307) Heading 9902.23.31 (relating to certain aluminum lamp-holder housings). (308) Heading 9902.23.32 (relating to certain brass lamp-holder housings). (309) Heading 9902.04.07 (relating to reaction products of phosphorous trichloride with 1,1′-biphenyl and 2,4-bis(1,1-dimethylethyl)phenol). (310) Heading 9902.04.12 (relating to 3–Dodecyl-1–(2,2,6,6-tetramethyl-4-piperidinyl)–2,5-pyrrolidinedione). (311) Heading 9902.04.11 (relating to 1,3–benzenedicarboxamide, N, N′-bis-(2,2,6,6-tetramethyl-4-piperidinyl)-). (312) Heading 9902.04.06 (relating to 1–Acetyl-4–(3-dodecyl-2, 5-dioxo-1-pyrrolidinyl)–2,2,6,6-tetramethylpiperidine). (313) Heading 9902.05.32 (relating to magnesium aluminum hydroxide carbonate (synthetic hydrotalcite) and magnesium aluminum hydroxide carbonate (synthetic hydrotalcite) coated with stearic acid). (314) Heading 9902.40.73 (relating to Helional). (315) Heading 9902.02.99 (relating to cis-3-Hexen-1-ol). (316) Heading 9902.22.44 (relating to sodium hypophosphite monohydrate). (317) Heading 9902.11.80 (relating to 1,2,3-Propanetriol, polymer with 2,4-diisocyanato-1-methylbenzene, 2-ethyl-2-(hydroxymethyl)–1,3- propanediol, methyloxirane and oxirane). (318) Heading 9902.24.64 (relating to 1,1,2,2,3,3,4,4,4-nonafluorobutanesulfonic acid, potassium salt). (319) Heading 9902.02.15 (relating to Tetraethylammonium perfluoroctanesulfonate). (320) Heading 9902.24.61 (relating to plasticizers containing diphenyl cresyl phosphate, triphenyl phosphate, tricresyl phosphate, and phenyl dicresyl phosphate). (321) Heading 9902.28.01 (relating to Thionyl chloride). (322) Heading 9902.12.10 (relating to 2-Oxepanone polymer with 1,4-butanediol and 5-isocyanato-1-(isocyanatomethyl)-1,3,3-trimethylcyclohexane, 2-ethyl-1-hexanol-blocked). (323) Heading 9902.05.11 (relating to 3,3′,4,4′-biphenyltetracarboxylic dianhydride). (324) Heading 9902.05.12 (relating to 4,4′-oxydianiline). (325) Heading 9902.05.15 (relating to 1,3-bis(4-aminophenoxy)benzene (RODA)). (326) Heading 9902.05.13 (relating to 4,4′-oxydiphthalic anhydride). (327) Heading 9902.10.26 (relating to capers, prepared or preserved by vinegar or acetic acid, in containers holding 3.4 kg or less). (328) Heading 9902.10.29 (relating to pepperoncini, prepared or preserved by vinegar). (329) Heading 9902.10.28 (relating to capers, prepared or preserved by vinegar or acetic acid, in immediate containers holding more than 3.4 kg). (330) Heading 9902.12.19 (relating to D-Mannose). (331) Heading 9902.02.57 (relating to propoxur (2-(1-methylethoxy)phenol methylcarbamate)). (332) Heading 9902.10.41 (relating to o-Anisidine). (333) Heading 9902.24.26 (relating to liquid-filled glass bulbs designed for sprinkler systems and other release devices). (334) Heading 9902.10.25 (relating to sorbic acid). (335) Heading 9902.40.58 (relating to mixtures containing n-butyl-1,2-benzisothiazolin-3-one, 1-hydroxypyridine-2-thione, zinc salt, and application adjuvants). (336) Heading 9902.40.57 (relating to mixtures containing n-butyl-1,2-benzisothiazolin-3-one and application adjuvants). (337) Heading 9902.22.36 (relating to mixed xylidines). (338) Heading 9902.22.24 (relating to Basic Violet 11). (339) Heading 9902.22.25 (relating to Basic Violet 11:1). (340) Heading 9902.70.03 (relating to certain textured rolled glass sheets). (341) Heading 9902.54.03 (relating to single yarn of viscose rayon, untwisted or with a twist not exceeding 120 turns/m). (342) Heading 9902.54.04 (relating to certain single yarns of viscose rayon). (343) Heading 9902.03.34 (relating to mixtures of (acetato) pentammine cobalt dinitrate with a polymeric or paraffinic carrier). (344) Heading 9902.70.19 (relating to certain smooth nonwoven fiberglass sheets of a type primarily used as acoustical facing for ceiling panels). (345) Heading 9902.40.89 (relating to C1–3 Perfluoroalkyl perfluoromorpholine). (346) Heading 9902.40.88 (relating to mixtures of C5–18 perfluorocarbon alkanes, perfluorocarbon amines, and/or perfluorocarbon ethers). (347) Heading 9902.40.91 (relating to C5–8 Perfluorocarbonalkanes). (348) Heading 9902.22.90 (relating to cerium sulfide pigments). (349) Heading 9902.23.24 (relating to certain golf bag bodies). (350) Heading 9902.29.91 (relating to methyl-4-trifluoro methoxyphenyl-N-(chlorocarbonyl) carbamate). (351) Heading 9902.01.44 (relating to benzyl carbazate (hydrazinecarboxylic acid, phenylmethyl ester)). (352) Heading 9902.12.45 (relating to mixtures of famoxadone, Cymoxanil, and application adjuvants). (353) Heading 9902.25.72 (relating to certain catalytic converter mounting mats). (354) Heading 9902.40.90 (relating to perfluorocarbon amines). (b) Other modifications (1) 5-[[4-chloro-6-[(3-sulfophenyl)amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-[[2-(sulfoxy)ethyl]sulfonyl]phenyl]azo]-2,7- Naphthalenedisulfonic acid, sodium salt Heading 9902.24.99 is amended— (A) by amending the article description to read as follows: 5-[[4-chloro-6-[(3-sulfophenyl)amino]-1,3,5-triazin-2-yl]amino]-4-hydroxy-3-[[4-[[2-(sulfoxy)ethyl]sulfonyl]phenyl]azo]-2,7- Naphthalenedisulfonic acid, sodium salt (CAS No. 78952–61–1) (provided for in subheading 3204.16.30) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (2) 4-Propylbenzaldehyde Heading 9902.40.37 is amended— (A) by striking Free in the general rate of duty column and inserting 4.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (3) Prodiamine Heading 9902.03.19 is amended— (A) by striking Free in the general rate of duty column and inserting 2.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (4) 2-methyl-4-chlorophenoxyacetic acid Heading 9902.13.60 is amended— (A) by striking 2.8% in the general rate of duty column and inserting 5.6% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (5) Certain mixtures of Azoxystrobin Heading 9902.12.51 is amended— (A) by striking 3.1% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (6) Biaxially oriented polypropylene film Heading 9902.25.75 is amended— (A) by amending the article description to read as follows: Biaxially oriented polypropylene film, certified by the importer as intended for metallization and use in capacitors, or certified by the importer as below 40 gauge (10.2 micrometers), not intended for metallization and intended for use in capacitors, all of the foregoing produced from solvent-washed low ash content (less than 50 ppm) polymer resin (CAS No. 9003–07–0) (provided for in subheading 3920.20.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (7) Bifenthrin Heading 9902.24.72 is amended— (A) by striking 0.7% in the general rate of duty column and inserting 1.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (8) 5-Methylpyridine-2,3-dicarboxylic acid Heading 9902.01.14 is amended— (A) by striking Free in the general rate of duty column and inserting 1.3% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (9) Diethyl ketone Heading 9902.25.67 is amended— (A) by striking 1.4% in the general rate of duty column and inserting 2.36% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (10) 5-Ethylpyridine-2,3-dicarboxylic acid Heading 9902.01.16 is amended— (A) by striking Free in the general rate of duty column and inserting 2.3% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (11) Bentazon, sodium salt Heading 9902.05.10 is amended— (A) by striking 2.6% in the general rate of duty column and inserting 1.23% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (12) AE 0172747 Ether Heading 9902.40.84 is amended— (A) by striking 3.3% in the general rate of duty column and inserting 5.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (13) Isoxaflutole Heading 9902.11.46 is amended— (A) by striking Free in the general rate of duty column and inserting 4.6% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (14) Mixtures containing Isoxaflutole and Cyprosulfamide Heading 9902.40.65 is amended— (A) by striking 3.5% in the general rate of duty column and inserting 2.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (15) Carfentrazone-ethyl and formulations thereof Heading 9902.01.54 is amended— (A) by striking Free in the general rate of duty column and inserting 3.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (16) Sulfentrazone Heading 9902.25.57 is amended— (A) by striking 3.2% in the general rate of duty column and inserting 5.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (17) N-(4-Fluorophenyl)-2-hydroxy-N-(1-methylethyl)acetamide Heading 9902.03.38 is amended— (A) by striking 0.6% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (18) Trifloxystrobin Heading 9902.10.76 is amended— (A) by striking 5.4% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (19) Ethofumesate Heading 9902.05.19 is amended— (A) by amending the article description to read as follows: 2-Ethoxy-2,3-dihydro-3,3-dimethyl-5-benzofuranylmethanesulfonate (Ethofumesate) (CAS No. 26225–79–6) and application adjuvants (provided for in subheading 3808.93.15) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (20) Disperse Yellow 42 Heading 9902.03.52 is amended— (A) by striking Nphenyl in the article description column and inserting N-phenyl ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (21) N-phenyl-p-phenylenediamine Heading 9902.40.81 is amended— (A) by striking pphenylenediamine in the article description column and inserting p-phenylenediamine ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (22) Ceiling fans for permanent installation Heading 9902.84.14 is amended— (A) by striking Free in the general rate of duty column and inserting 4.6% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (23) 2-Cyanopyridine Heading 9902.22.35 is amended— (A) by striking 3.2% in the general rate of duty column and inserting 3.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (24) 2-Amino-5,8-dimethoxy-(1,2,4)triazolo(1,5-c)pyrimidine Heading 9902.25.33 is amended— (A) by striking 3% in the general rate of duty column and inserting 3.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (25) Mixtures of quinoxyfen (5,7-dichloro-4- (4-fluorophenoxyquinoline)) and application adjuvants] Heading 9902.25.38 is amended— (A) by striking Free in the general rate of duty column and inserting 0.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (26) Noviflumuron Heading 9902.25.35 is amended— (A) by striking subheading 2924.29.52 in the article description column and inserting subheading 2924.29.47 ; (B) by striking Free in the general rate of duty column and inserting 1.4% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (27) 2,6-Dichloroaniline Heading 9902.29.17 is amended— (A) by striking Dichloro aniline in the article description column and inserting Dichloroaniline ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (28) Mixtures of myclobutanil ((RS)-2-(4-chlorophenyl)-2-(1H-1,2,4-triazol-1-ylmethyl)hexanenitrile) and application adjuvants Heading 9902.25.41 is amended— (A) by amending the article description to read as follows: Mixtures of myclobutanil ((RS)-2-(4-chlorophenyl)-2-(1H-1,2,4-triazol-1-ylmethyl)hexanenitrile) and application adjuvants (CAS No. 88671–89–0) (provided for in subheading 3808.92.15) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (29) Myclobutanil Heading 9902.02.91 is amended— (A) by striking myclobutanil in the article description column and inserting Myclobutanil ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (30) Trifluralin Heading 9902.05.33 is amended— (A) by striking 2.4% in the general rate of duty column and inserting 2.8% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (31) Certain organic luminescent pigments and dyes for security applications Heading 9902.32.07 is amended— (A) by striking dyes , in the article description column and inserting dyes, ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (32) C electric motors of an output exceeding 74.6 W but not exceeding 85 W Heading 9902.85.10 is amended— (A) by striking Free in the general rate of duty column and inserting 0.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (33) Coarse yttrium oxide phosphor Heading 9902.22.63 is amended— (A) in the article description column, by striking Yttrium oxide phosphor, activated by europium of a kind and inserting Coarse yttrium oxide phosphor with a median particle size greater than 4.9 microns, containing between 4.5 and 5.9 percent by weight of europium, ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (34) Ultrafine yttrium oxide phosphor Heading 9902.22.69 is amended— (A) by amending the article description to read as follows: Ultrafine yttrium oxide phosphor, with a median particle size not to exceed 4.3 microns, used as a luminophore (CAS No. 68585–82–0) (provided for in subheading 3206.50.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (35) 2,3-Pyridinedicarboxylic acid Heading 9902.24.17 is amended— (A) by striking Free in the general rate of duty column and inserting 0.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (36) Bis(4-tert-butylcyclohexyl) peroxydicarbonate Heading 9902.40.59 is amended— (A) by striking 4-tbutylcyclohexyl in the article description column and inserting 4-tert-butylcyclohexyl ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (37) Cyazofamid Heading 9902.24.56 is amended— (A) by amending the article description to read as follows: 4-Chloro-2-cyano-N,N-dimethyl-5-(4-methylphenyl)-1H-imidazole-1-sulfonamide (Cyazofamid) (CAS No. 120116–88–3) (provided for in subheading 2933.29.35) and any formulations containing such compound with application adjuvants (provided for in subheading 3808.92.15) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (38) Acetamiprid Heading 9902.03.92 is amended— (A) by inserting (Acetamiprid) before (CAS No. in the article description column; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (39) Adsorbent resin comprised of a macroporous polymer of diethenylbenzene Heading 9902.22.11 is amended— (A) by amending the article description to read as follows: Adsorbent resin comprised of a macroporous polymer of diethenylbenzene (CAS No. 9003–69–4) (provided for in subheading 3911.90.90) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (40) Flumioxazin Heading 9902.25.69 is amended— (A) by striking 5.3% in the general rate of duty column and insterting 5.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (41) Powdered ion exchange resin comprised of a copolymer of styrene, cross linked with divinylbenzene Heading 9902.02.34 is amended— (A) by striking divinyl-benzene in the article description column and inserting divinylbenzene ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (42) 10,10′-Oxybisphenoxarsine Heading 9902.02.29 is amended— (A) in the article description column, by inserting (OBPA) before (CAS No. ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (43) Triticonazole Heading 9902.03.99 is amended— (A) by amending the article description to read as follows: (RS)-(E)-5-(4-Chlorobenzylidene)-2,2-dimethyl-1-(1H-1,2,4-triazol-1-ylmethyl)cyclopentanol (Triticonazole) (CAS No. 131983–72–7) (provided for in subheading 2933.99.22) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (44) Pyraclostrobin Heading 9902.01.21 is amended— (A) by striking 6.2% in the general rate of duty column and inserting 6.3% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (45) Zeta-cypermethrin Heading 9902.24.58 is amended (A) by striking Free in the general rate of duty column and inserting 3.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (46) Iprodione Heading 9902.01.51 is amended— (A) by striking 2.4% in the general rate of duty column and inserting 4.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (47) Prohexadione calcium Heading 9902.22.03 is amended— (A) by amending the article description to read as follows: Prohexadione calcium (Calcium 3-oxido-5-oxo-4-propionylcyclohex-3-enecarboxylate) (CAS No. 127277–53–6) (provided for in subheading 2918.30.90) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (48) Ethoxyquin Heading 9902.22.32 is amended— (A) by striking 0.5% in the general rate of duty column and inserting 1.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (49) Certain footwear with uppers of vegetable fibers Heading 9902.13.92 is amended— (A) by striking 7.1% in the general rate of duty column and inserting 7.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (50) Certain work footwear for women Heading 9902.22.47 is amended— (A) by striking Free in the general rate of duty column and inserting 1.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (51) Certain footwear with uppers of vegetable fibers Heading 9902.13.91 is amended— (A) by striking 6.4% in the general rate of duty column and inserting 6.8% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (52) Hexythiazox Heading 9902.12.08 is amended— (A) by striking Technical in the article description column; (B) by striking Free in the general rate of duty column and inserting 4.7% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (53) Acephate Heading 9902.25.68 is amended— (A) by striking 2.9% in the general rate of duty column and inserting 3.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (54) Mixtures of N-phenyl-N-((trichloromethyl)thio)-benzenesulfonamide, calcium carbonate, and paraffinic oil Heading 9902.38.31 is amended— (A) by amending the article description to read as follows: Mixtures of N-phenyl-N-((trichloromethyl)thio)-benzenesulfonamide (CAS No. 2280–49–1), calcium carbonate (CAS No. 471–34–1), and paraffinic oil (CAS No. 64742–65–0) (provided for in subheading 3824.90.28) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (55) Ferroboron Heading 9902.72.02 is amended— (A) by striking Free in the general rate of duty column and inserting 3.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (56) Certain digital camera lenses Heading 9902.23.51 is amended— (A) by striking 55 mm in the article description column and inserting 70 mm ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (57) Acetamiprid, whether or not mixed with application adjuvants Heading 9902.01.72 is amended— (A) by striking 0.8% in the general rate of duty column and inserting 1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (58) Certain educational devices Heading 9902.85.43 is amended— (A) by striking 1.6% in the general rate of duty column and inserting 2.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (59) Mercury vapor lamps designed for use in video projectors Heading 9902.23.37 is amended— (A) by striking Metal halide lamps in the article description column and inserting Mercury vapor lamps ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (60) Menthone glycerol ketal Heading 9902.24.49 is amended— (A) by amending the article description to read as follows: 6-Isopropyl-9-methyl-1,4-dioxaspiro[4.5]decane-2-methanol (Menthone glycerol ketal) (CAS No. 63187–91–7) (provided for in subheading 2932.99.90) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (61) Fescolat Heading 9902.01.42 is amended— (A) by amending the article description to read as follows: 5-Methyl-2-(1-methylethyl)cyclohexyl-2-hydroxypropanoate (Lactic acid, menthyl ester) (Frescolat) (CAS No. 59259–38–0) (provided for in subheading 2918.11.51) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (62) Certain acrylic filament tow Heading 9902.40.21 is amended— (A) by striking 1.2% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (63) Certain staple fibers of viscose rayon, not carded, combed, or otherwise processed for spinning Heading 9902.23.33 is amended— (A) by striking Free in the general rate of duty column and inserting 4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (64) Cyan 854 inkjet printing ink Heading 9902.40.41 is amended— (A) by amending the article description to read as follows: Cyan 854 inkjet printing ink: Copper phthalocyanine substituted with sulphonic acids and alkyl sulphonoamides, sodium/ammonium salts (PMN No. P02–893) (provided for in subheading 3215.19.00) ; (B) by striking 0.3% in the general rate of duty column and inserting Free ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (65) Cyan 1 RO inkjet printing ink Heading 9902.40.42 is amended— (A) by striking 0.3% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (66) Black 661 inkjet printing ink Heading 9902.40.39 is amended— (A) by striking 0.3% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (67) Black 820 inkjet printing ink Heading 9902.40.40 is amended— (A) by striking 0.3% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (68) Ethyl 2-(Isocyanatosulfonyl)benzoate Heading 9902.11.96 is amended— (A) by striking 2930.90.29 in the article description column and inserting 2935.00.75 ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (69) Thiamethoxam Heading 9902.03.11 is amended— (A) by striking 5% in the general rate of duty column and inserting 5.9% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (70) Mesotrione Heading 9902.11.03 is amended— (A) by striking 6.11% in the general rate of duty column and inserting 6.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (71) Aluminum tris(O-ethylphosphonate) Heading 9902.01.73 is amended— (A) by striking 0.4% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (72) DEMBB Heading 9902.11.06 is amended— (A) by striking Free in the general rate of duty column and inserting 1.0% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (73) Pinoxaden Heading 9902.12.60 is amended— (A) by striking 1.1% in the general rate of duty column and inserting 5.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (74) Clodinafop Heading 9902.12.55 is amended— (A) by striking 2.9% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (75) Certain bags for toys Heading 9902.01.78 is amended— (A) by striking 8.9% in the general rate of duty column and inserting 11.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (76) Certain men’s footwear covering the ankle Heading 9902.25.60 is amended— (A) by amending the article description to read as follows: Men's footwear (except vulcanized footwear and footwear with waterproof molded bottoms or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, covering the ankle, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches (20.32 cm), designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6404.19.20) ; (B) by striking 16.5% in the general rate of duty column and inserting 16.7% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (77) Certain men’s footwear not covering the ankle Heading 9902.25.61 is amended— (A) by amending the article description to read as follows: Men's footwear (except vulcanized footwear and footwear with waterproof molded bottoms or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, not covering the ankle, designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6404.19.20) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (78) Certain women’s footwear covering the ankle Heading 9902.23.82 is amended— (A) by amending the article description to read as follows: Women's footwear (except vulcanized footwear and footwear with waterproof molded bottoms or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, covering the ankle, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches (20.32 cm), such footwear designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6404.19.20) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (79) Certain women’s footwear not covering the ankle Heading 9902.23.83 is amended— (A) by amending the article description to read as follows: Women's footwear (except vulcanized footwear and footwear with waterproof molded bottoms or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, not covering the ankle, designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6404.19.20) ; (B) by striking Free in the general rate of duty column and inserting 24.7% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (80) Metalaxyl-M and LMetalaxylfenoxam Heading 9902.12.58 is amended— (A) by striking Free in the general rate of duty column and inserting 3.6% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (81) Cloquintocet-mexyl Heading 9902.12.57 is amended— (A) by striking Free in the general rate of duty column and inserting 0.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (82) Difenoconazole Heading 9902.02.12 is amended— (A) by striking Free in the general rate of duty column and inserting 2.3% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (83) Lambda-Cyhalothrin Heading 9902.02.09 is amended— (A) by striking cyhalothrin in the article description column and inserting lambda-Cyhalothrin ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (84) Certain formulations of Thiamethoxam, Difenoconazole, Fludioxonil and Mefenoxam Heading 9902.13.31 is amended— (A) by striking Fludioxinil in the article description column and inserting Fludioxonil ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (85) Azoxystrobin Heading 9902.02.06 is amended— (A) by striking 5.5% in the general rate of duty column and inserting 6.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (86) Clothianidin Heading 9902.10.84 is amended— (A) by striking Free in the general rate of duty column and inserting 5.8% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (87) Triadimefon Heading 9902.10.33 is amended— (A) by striking 0.7% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (88) Mesamoll Heading 9902.38.14 is amended— (A) by striking Free in the general rate of duty column and inserting 1.8% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (89) 2-Acetylbutyrolactone Heading 9902.10.65 is amended— (A) by striking Free in the general rate of duty column and inserting 0.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (90) ß-Cyfluthrin Heading 9902.02.54 is amended— (A) by striking 4.8% in the general rate of duty column and inserting 2.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (91) Phenmedipham Heading 9902.13.76 is amended— (A) by amending the article description to read as follows: 3-Methylcarbonylaminophenyl-3-methyl-carbanilate (Phenmedipham) (CAS No. 13684–63–4) (provided for in subheading 2924.29.47) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (92) Propiconazole Heading 9902.29.80 is amended— (A) by striking Free in the general rate of duty column and inserting 5.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (93) Mandipropamid Heading 9902.12.07 is amended— (A) by striking 1.2% in the general rate of duty column and inserting 1.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (94) 1,3-Benzenedicarbonitrile Heading 9902.12.06 is amended— (A) by striking 3.4% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (95) Fludioxonil Heading 9902.12.54 is amended— (A) by striking 1.0% in the general rate of duty column and inserting 5.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (96) Volleyballs Heading 9902.13.10 is amended— (A) by striking Free in the general rate of duty column and inserting 0.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (97) Rubber basketballs Heading 9902.13.09 is amended— (A) by striking 0.7% in the general rate of duty column and inserting 2.2% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (98) Basketballs, having an external surface other than leather or rubber Heading 9902.13.07 is amended— (A) by striking 1.1% in the general rate of duty column and inserting 2.9% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (99) Monocarboxylic fatty acids derived from palm oil Heading 9902.11.32 is amended— (A) by amending the article description to read as follows: Monocarboxylic fatty acids derived from palm oil for use as a feedstock in animal feeds (provided for in subheading 3823.19.20) ; (B) by striking 1.2% and inserting 1.4% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (100) Ethofumesate Heading 9902.29.22 is amended— (A) by amending the article description to read as follows: 2-(2′-Hydroxy-5′- methylacryloxyethylphenyl)-2 H -benzotriazole (CAS No. 96478–09–0) (provided for in subheading 2933.99.79) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (101) 4-Methoxy-2-methyldiphenylamine Heading 9902.11.35 is amended— (A) by striking 1.1% in the general rate of duty column and inserting Free ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (102) (3-Acetoxy-3-cyanopropyl)methylphosphinic acid, butyl ester Heading 9902.10.79 is amended— (A) by striking 1.7% in the general rate of duty column and inserting 2.8% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (103) Oxadiazon Heading 9902.10.73 is amended— (A) by striking 0.9% in the general rate of duty column and inserting 2.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (104) Heading 9902.12.59 is amended— (A) by amending the article descriptoin to read as follows: α-(4-Chlorophenyl)-α-(1-cyclopropylethyl)–1H–1,2,4-triazole-1-ethanol (Cyproconazole) (CAS No. 94361–06–5) (provided for in subheading 2933.99.22) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (105) Pyrimethanil Heading 9902.24.85 is amended— (A) by amending the article description to read as follows: Mixtures of 4,6-dimethyl-N-phenyl-2-pyrimidinamine (Pyrimethanil) (CAS No. 53112–28–0) and application adjuvants (provided for in subheading 3808.92.15) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (106) Bifenazate Heading 9902.01.61 is amended— (A) by amending the article description to read as follows: Bifenazate (Hydrazinecarboxylic acid, 2-(4-methoxy-[1,1′- biphenyl]-3-yl)-1-methylethyl ester) (CAS No. 149877–41–8) (provided for in subheading 2928.00.25) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (107) Vinylidene chloride-methyl methacrylate-acrylonitrile copolymer Heading 9902.23.09 is amended— (A) by amending the article description to read as follows: Vinylidene chloride-methyl methacrylate-acrylonitrile copolymer (CAS No. 25214–39–5) (provided for in subheading 3904.50.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (108) Mixtures of Imidacloprid and application adjuvants Heading 9902.02.52 is amended— (A) by amending the article description to read as follows: Mixtures of 1-[(6-chloro-3-pyridinyl)methyl]-N-nitro-2-imidazolidinimine (Imidacloprid) (CAS No. 138261–41–3) and application adjuvants (provided for in subheading 3808.91.25) ; (B) by striking 4.2% in the general rate duty column and inserting 2.2% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (109) Imidacloprid Heading 9902.10.32 is amended— (A) by striking 4.2% in the general rate duty column and inserting 5.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (110) Phosphoric acid, lanthanum salt, cerium terbium-doped Heading 9902.10.77 is amended— (A) by striking Free in the general rate of duty column and inserting 2.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (111) 3,3′-Dichlorobenzidine dihydrochloride Heading 9902.25.73 is amended— (A) by amending the article description to read as follows: 3,3′-Dichlorobenzidine dihydrochloride (CAS No. 612–83–9) (provided for in subheading 2921.59.80) ; (B) by striking 5.9% in the general rate of duty column and inserting 3.8% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (112) Diuron Heading 9902.12.75 is amended— (A) by amending the article description to read as follows: Mixtures of N′-(3,4-dichloro-phenyl)-N,N-dimethylurea (Diuron) (CAS No. 330–54–1) with acrylate rubber (provided for in subheading 3812.10.50) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (113) 1-Octadecanaminium, N,N-dimethyl-N-octadecyl-, (Sp-4-2)-[29H,31H-phthalocyanine-2-sulfonato(3-)-κN29, κN30, κN31, κN32]cuprate(1-) Heading 9902.03.26 is amended— (A) by amending the article description to read as follows: 1-Octadecanaminium, N,N-dimethyl-N-octadecyl-, (Sp-4-2)-[29H,31H-phthalocyanine-2-sulfonato(3-)-κN29, κN30, κN31, κN32]cuprate(1-) (CAS No. 70750–63–9) (provided for in subheading 2933.99.79) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (114) 2-Oxepanone, polymer with aziridine and tetrahydro- 2H-pyran-2-one, dodecanoate ester Heading 9902.03.24 is amended— (A) by amending the article description to read as follows: 2-Oxepanone, polymer with aziridine and tetrahydro-2H-pyran-2-one, dodecanoate ester (CAS No. 202263–77–2 ) in bulk or 40% by weight solution in n-butyl acetate (provided for in subheadings 3208.10.00 and 3907.99.01) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (115) Certain rayon staple fibers Heading 9902.55.04 is amended— (A) by striking 1.8% in the general rate of duty column and inserting 2.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (116) Certain mixtures of formaldehyde polymers with aniline and 4,4-methylendianiline Heading 9902.40.18 is amended— (A) by amending the article description to read as follows: Mixtures of between 40 and 60 percent formaldehyde polymers with aniline (CAS No. 25214–70–4) and between 60 and 40 percent 4,4-methylendianiline (CAS No. 101–77–9) (provided for in subheading 3909.30.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (117) 2-Phenylbenzimidazole-5-sulfonic acid Heading 9902.01.35 is amended— (A) by striking acid) in the article description column and inserting acid ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (118) Artichokes, prepared or preserved by vinegar or acetic acid Heading 9902.03.90 is amended— (A) by striking 6.64% in the general rate of duty column and inserting 7.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (119) Strontium halophosphate doped with europium of a kind used as a luminophore Heading 9902.22.73 is amended— (A) by amending the article description to read as follows: Strontium halophosphate doped with europium of a kind used as a luminophore (CAS Nos. 109037–74–3 and 1312–81–8) (provided for in subheading 3206.50.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (120) Lanthanum phosphate phosphor Heading 9902.22.75 is amended— (A) by amending the article description to read as follows: Lanthanum phosphate phosphor, with a median particle size between 2.5 and 4.1 microns, containing cerium and terbium, of a kind used as a luminophore (CAS Nos. 13778–59–1, 13454–71–2, and 13863–48–4 or 95823–34–0) (provided for in subheading 2846.90.80) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (121) Compounds of barium magnesium aluminate phosphor, activated by europium or manganese, of a kind used as luminophores Heading 9902.22.64 is amended— (A) by striking Compound in the article description column and inserting Compounds ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (122) Certain plastic lamp-holders Heading 9902.23.29 is amended— (A) by amending the article description to read as follows: Plastic lamp-holders with sockets for screw-in or snap-in incandescent and compact fluorescent lamps (provided for in subheading 8536.61.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (123) Magnesium zinc aluminum hydroxide carbonate coated with stearic acid Heading 9902.24.13 is amended— (A) by strking Free in the general rate of duty column and inserting 0.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (124) C12-18 alkenes, polymers with 4-methyl-1-pentene Heading 9902.24.14 is amended— (A) by amending the article description to read as follows: C12-18 alkenes, polymers with 4-methyl-1-pentene (CAS Nos. 25155–83–3, 81229–87–0, and 103908–22–1) (provided for in subheading 3902.90.00) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (125) Certain europium oxides Heading 9902.02.22 is amended— (A) by striking CAS No. 1308–96–7 in the article description column and inserting CAS No. 1308–96–9 ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (126) Mixtures or coprecipitates of lanthanum phosphate, cerium-doped lanthanum phosphate, cerium phosphate, and terbium phosphate Heading 9902.23.05 is amended— (A) by amending the article description to read as follows: Mixtures or coprecipitates of lanthanum phosphate, cerium-doped lanthanum phosphate, cerium phosphate, and terbium phosphate (CAS Nos. 13778–59–1, 95823–34–0, 13454–71–2 and 13863–48–4) (provided for in subheadings 2846.10.00 and 2846.90.80) ; (B) by strikign Free in the general rate of duty column 2% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (127) Mixtures or coprecitates of yttrium oxide and europium oxide Heading 9902.23.04 is amended— (A) by amending the article description to read as follows: Mixtures or coprecitates of yttrium oxide and europium oxide (CAS Nos. 1314–36–9 and 1308–96–9) (provided for in subheading 2846.90.80) ; (B) by striking Free in the general rate of duty column and insterting 2.8% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (128) Yttrium oxide Heading 9902.02.21 is amended— (A) by striking Yttrium oxides having a purity of at least 99.9 percent in the article description column and inserting Yttrium oxide ; (B) by striking Free in the general rate of duty column and inserting 2% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (129) Certain women’s footwear covering the ankle Heading 9902.23.75 is amended— (A) by amending the article description to read as follows: Women's footwear with outer soles and uppers of rubber or plastics (except footwear of vulcanized rubber and footwear with waterproof molded bottoms or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, covering the ankle, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches (20.32 cm), such footwear designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6402.91.50) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (130) Certain men’s footwear provided for in subheading 6402.91.50 Heading 9902.23.76 is amended— (A) by amending the article description to read as follows: Men's footwear (except vulcanized footwear and footwear with waterproof molded bottoms or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches (20.32 cm), designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6402.91.50) ; (B) by striking 24.7% in the general rate of duty column and inserting 28.2% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (131) Certain men’s footwear provided for in subheading 6402.99.33 Heading 9902.23.77 is amended— (A) by amending the article description to read as follows: Men's footwear (except vulcanized footwear and footwear with waterproof molded or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), and over $24/pair, whose height from the bottom of the outer sole to the top of the upper does not exceed 8 inches (20.32 cm), designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6402.99.33) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (132) Certain women’s footwear valued over $24/pair Heading 9902.23.78 is amended— (A) by amending the article description to read as follows: Women's footwear (except vulcanized footwear and footwear with waterproof molded or vulcanized bottoms, including bottoms comprising an outer sole and all or part of the upper), valued over $24/pair, designed to be worn in lieu of, but not over, other footwear as a protection against water, oil, grease or chemicals or cold or inclement weather where such protection includes protection against water that is imparted by the use of a coated or laminated textile fabric (provided for in subheading 6402.99.33) ; (B) by striking 13.6% in the general rate of duty column and inserting 25.2% ; and (C) by striking the date in the effective period column and inserting 12/31/2015 . (133) Bicycle speedometers Heading 9902.24.65 is amended— (A) by striking 0.9% in the general rate of duty column and inserting 1.3% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (134) Certain brakes designed for bicycles Heading 9902.24.71 is amended— (A) by striking 6.3% in the general rate of duty column and inserting 5.6% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (135) Bicycle wheel rims Heading 9902.24.69 is amended— (A) by striking 1.8% in the general rate of duty column and inserting 1.7% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (136) Alkenes, C14-C20 alpha-, polymers with maleic anhydride, 2-(1-piperazinyl) ethylimides, plasticized with diisononyl phthalate and bis(1-methylethyl)-naphthalene Heading 9902.40.19 is amended— (A) by amending the article description to read as follows: Alkenes, C14-C20 alpha-, polymers with maleic anhydride, 2-(1-piperazinyl) ethylimides, plasticized with diisononyl phthalate (CAS No. 28553–12–0) and bis(1-methylethyl)-naphthalene (CAS No. 38640–62–9) (provided for in subheading 3911.90.90) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (137) p-Chlorobenzotrifluoride Heading 9902.25.36 is amended— (A) by amending the article description to read as follows: p-Chlorobenzotrifluoride (CAS No. 98–56–6) (provided for in subheading 2903.99.08) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (138) 2,4-Diisocyanato-1-methylbenzene, polymer with 1,6-diisocyanatohexane Heading 9902.12.18 is amended— (A) by amending the article description to read as follows: 2,4-Diisocyanato-1-methylbenzene, polymer with 1,6-diisocyanatohexane (CAS No. 26426–91–5) dissolved in organic solvent (provided for in subheading 3911.90.45) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (139) Polyisocyanate cross linking agent products containing triphenylmethane triisocyanate Heading 9902.11.83 is amended— (A) by amending the article description to read as follows: Polyisocyanate cross linking agent products containing triphenylmethane triisocyanate (CAS No. 2422–91–5) in solvents (provided for in subheading 3824.90.28) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (140) Poly(toluene diisocyanate) Heading 9902.12.04 is amended— (A) by amending the article description to read as follows: Poly(toluene diisocyanate) (CAS No. 26006–20–2), whether or not dissolved in organic solvents (provided for in subheading 3911.90.45) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (141) Polyisocyanate cross linking agent products containing tris(4-isocyanatophenyl)thiophosphate Heading 9902.12.17 is amended— (A) by amending the article description to read as follows: Polyisocyanate cross linking agent products containing tris(4-isocyanatophenyl)thiophosphate (CAS No. 4151–51–3) in solvents (provided for in subheading 3824.90.28) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (142) Mesosulfuron-methyl Heading 9902.11.48 is amended— (A) by amending the article description to read as follows: Mixtures of methyl 2-[(4,6-dimethoxypyrimidin-2-ylcarbamoyl)-sulfamoyl]-α-(methanesulfonamido)-p-toluate (Mesosulfuron-methyl) (CAS No. 208465–21–8) and application adjuvants (provided for in subheading 3808.93.15) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (143) Imazalil Heading 9902.29.10 is amended— (A) in the article description column, by inserting (Imazalil) after Enilconazole ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (144) Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid, not frozen Heading 9902.10.27 is amended— (A) by striking Free in the general rate of duty column and inserting 3.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (145) o-Acetylsalicylic acid (Aspirin) Heading 9902.12.11 is amended— (A) by striking 3.0% in the general rate of duty column and inserting 1.4% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (146) Aqueous emulsion of a modified aliphatic amine mixture of: decanedioic acid, compounds with 1,3- benzenedimethanamine-bisphenol A-bisphenol A diglycidyl ether-diethylenetriamine glycidyl phenyl ether reaction product-epichlorohydrin-formaldehyde-propylene oxide-triethylenetetramine polymer Heading 9902.40.02 is amended— (A) by amending the article description to read as follows: Aqueous emulsion of a modified aliphatic amine mixture of: decanedioic acid, compounds with 1,3- benzenedimethanamine-bisphenol A-bisphenol A diglycidyl ether-diethylenetriamine glycidyl phenyl ether reaction product-epichlorohydrin-formaldehyde-propylene oxide-triethylenetetramine polymer (CAS No. 260549–92–6) (provided for in subheading 3911.90.45) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (147) Preparations based on ethanediamide, N–(2-ethoxyphenyl)–N'-(4-isodecylphenyl)-) Heading 9902.04.05 is amended— (A) in the article description column, by inserting or 3824.90.28 after 3812.30.60 ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (148) Thiophanate methyl Heading 9902.03.77 is amended— (A) by striking Free in the general rate of duty column and inserting 0.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (149) Mixtures of Ziram Heading 9902.13.97 is amended— (A) by amending the article description to read as follows: Mixtures of Zinc dimethyldithiocarbamate (Ziram) and application adjuvants (CAS No. 137–30–4) (provided for in subheading 3808.92.28) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (150) Oryzalin Heading 9902.05.16 is amended— (A) by striking Free in the general rate of duty column and inserting 0.9% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (151) 11-Aminoundecanoic Acid Heading 9902.32.49 is amended— (A) by striking 2.6% in the general rate of duty column and inserting 3% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (152) Certain stoppers, lids, and other closures of low expansion borosilicate glass or alumino-borosilicate glass Heading 9902.12.40 is amended— (A) by amending the article description to read as follows: Stoppers, lids, and other closures of low expansion borosilicate glass or alumino-borosilicate glass, having a linear coefficient of expansion not exceeding 3.3 x 10 -6 per Kelvin within a temperature range of 0 to 300 degrees C, produced by automatic machine (provided for in subheading 7010.20.20) or produced by hand (provided for in subheading 7010.20.30) ; and (B) by striking the date in effective period column and inserting 12/31/2015 . (153) Low expansion laboratory glassware Heading 9902.12.39 is amended— (A) by striking 10 -7 in the article description column and inserting 10 -6 ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (154) Certain cases or containers to be used for electronic drawing toys, electronic games, or educational toys or devices Heading 9902.11.90 is amended— (A) by inserting (including the zipper pull) after exterior of the case or container in the article description column; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (155) Methylionone Heading 9902.11.10 is amended— (A) by striking 0.6% in the general rate of duty column and inserting 1.1% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (156) Woven mesh fabrics of filaments of perfluoroalkoxy copolymer resin Heading 9902.40.77 is amended— (A) by amending the article description to read as follows: Woven mesh fabrics of filaments of perfluoroalkoxy copolymer resin, such filaments of fibers each measuring 100 microns or more but not over 120 microns in diameter, the foregoing for use in manufacturing filters of heading 8421 or 8486 (provided for in subheading 5407.71.00) ; and (B) by striking the date in effective period column and inserting 12/31/2015 . (157) Perfluorobutanesulfonyl fluoride Heading 9902.40.92 is amended— (A) in the article description column, by striking 2904.10.50 or ; and (B) by striking the date in effective period column and inserting 12/31/2015 . (158) Lutetium oxide Heading 9902.10.78 is amended— (A) by striking Free in the general rate of duty column and inserting 1.5% ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (159) Pigment Yellow 154 Heading 9902.32.18 is amended— (A) by amending the article description to read as follows: Pigment Yellow 154 (CAS No. 68134–22–5) (provided for in subheading 3204.17.60) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (160) Pigment Yellow 175 Heading 9902.32.19 is amended— (A) by amending the article description to read as follows: Pigment Yellow 175 (CAS No. 35636–63–6) (provided for in subheading 3204.17.60) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . (161) Certain fluoropolymers Heading 9902.01.62 is amended— (A) by amending the article description to read as follows: Fluoropolymers containing 95 percent or more by weight of any combination of all three of the following monomer units: tetrafluoroethylene, hexafluoropropylene, and vinylidene fluoride (provided for in subheading 3904.69.50) ; and (B) by striking the date in the effective period column and inserting 12/31/2015 . 2002. Effective date The amendments made by this title apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. III Miscellaneous 3001. Reliquidation of certain orange juice entries (a) In general Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law, U.S. Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act, liquidate or reliquidate the entries listed in subsection (c) in accordance with the final results of the administrative reviews undertaken by the International Trade Administration of the Department of Commerce with respect to the antidumping duty order on certain orange juice from Brazil (Case Number A–351–840) and covering the periods from August 24, 2005, through February 28, 2007, and from March 1, 2007, through February 29, 2008. (b) Payment of amounts owed Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid by U.S. Customs and Border Protection not later than 90 days after such liquidation or reliquidation with interest. (c) Affected Entries The entries referred to in subsection (a) are the following: Entry Number Date of Entry 032–0354213–3 12/14/2006 032–0358707–0 04/05/2007 032–0362302–4 07/09/2007 (d) Prohibition on collection of certain payments made under the Continued Dumping and Subsidy Offset Act of 2000 (1) In General Notwithstanding any other provision of law and except as provided in paragraph (3), neither the Secretary of Homeland Security nor any other person may require repayment of, or attempt in any other way to recoup, any payments described in paragraph (2) in an attempt to offset any amount to be refunded pursuant to subsection (b). (2) Payments Described Payments described in this paragraph are payments of antidumping duties made pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ), repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154)) that were assessed and paid on imports of goods covered by subsection (a) when the entries for those goods were originally liquidated. (3) Limitation Nothing in this subsection shall be construed to prevent the Secretary of Homeland Security, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payments described in paragraph (2) as a result of a finding of false statements or other misconduct by a recipient of such a payment. 3002. Reliquidation of certain entries of industrial nitrocellulose from the United Kingdom (a) Reliquidation of Entries Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law, U.S. Customs and Border Protection shall, not later than 90 days after the date of the enactment of this Act— (1) reliquidate the entries specified in subsection (b) at the final antidumping duty assessment rate of 3.44 percent in the case of entries dated on or after July 1, 1999, and on or before June 30, 2000, or 3.06 percent in the case of entries dated on or after July 1, 2000, and on or before June 30, 2001, as determined by Department of Commerce during the administrative review pertaining to those entries; and (2) refund to the importer of record the amount of excess antidumping duty collected as a result of the liquidation of those entries and the assessment of antidumping duties at the as entered rate of 18.49 percent, including interest thereon, in accordance with sections 737(b) and 778 of the Tariff Act of 1930 ( 19 U.S.C. 1673f(b) and 1677g). (b) Affected entries The entries referred to in subsection (a) are the following: Entry number Date of entry Port 91608255286 6/26/2000 Houston 91609285753 7/4/2000 Houston 91608258504 7/20/2000 Houston 91609285761 7/4/2000 Houston 91608259700 7/25/2000 Houston 91608260724 8/1/2000 Houston 91608263405 8/12/2000 Houston 91608264429 8/28/2000 Houston 91608266135 8/31/2000 Houston 91608267364 9/6/2000 Houston 91608271382 9/27/2000 Houston 91608272976 10/5/2000 Houston 91608273735 10/12/2000 Houston 91608276662 10/23/2000 Houston 91608278700 10/30/2000 Houston 91608276654 10/23/2000 Houston 91608279567 11/7/2000 Houston 91608279559 11/8/2000 Houston 91608282322 11/20/2000 Houston 91608285242 12/9/2000 Houston 91608286935 12/16/2000 Houston 91608286950 12/16/2000 Houston 91608288428 12/19/2000 Houston 91608289392 12/28/2000 Houston 91608290499 1/2/2001 Houston 91608290507 1/2/2001 Houston 91608293717 1/24/2001 Houston 91608293709 1/24/2001 Houston 91608296868 2/6/2001 Houston 91608294640 1/30/2001 Houston 91610450040 2/19/2001 Houston 91610455031 3/6/2001 Houston 91510455015 3/6/2001 Houston 91610459223 3/26/2001 Houston 91610462052 4/6/2001 Houston 91610462037 4/10/2001 Houston 91610466665 4/22/2001 Houston 91610460619 4/6/2001 Houston 91610469669 5/9/2001 Houston 91610470600 5/12/2001 Houston 91610470402 5/12/2001 Houston 91610474149 5/30/2001 Houston 91610477019 6/12/2001 Houston 91610475385 6/4/2001 Houston 91610479650 6/25/2001 Houston 91608255013 6/22/2000 Norfolk 91608254990 6/22/2000 Norfolk 91608257498 7/9/2000 Norfolk 91608259189 7/15/2000 Norfolk 91608260708 7/16/2000 Norfolk 91608260716 7/29/2000 Norfolk 91608263272 8/8/2000 Norfolk 91608263421 8/12/2000 Norfolk 91608264718 8/14/2000 Norfolk 91608265145 8/18/2000 Norfolk 91608265392 8/18/2000 Norfolk 91608265384 8/18/2000 Norfolk 91608266127 8/25/2000 Norfolk 91608266119 8/25/2000 Norfolk 91608268933 9/8/2000 Norfolk 91608266283 9/1/2000 Norfolk 91608268925 9/8/2000 Norfolk 91608268966 9/8/2000 Norfolk 91608269865 9/15/2000 Norfolk 91608272182 9/22/2000 Norfolk 91608270988 9/15/2000 Norfolk 91608272406 9/22/2000 Norfolk 91608272984 9/30/2000 Norfolk 91608273727 9/30/2000 Norfolk 91608273792 10/6/2000 Norfolk 91608277702 10/18/2000 Norfolk 91608278239 10/24/2000 Norfolk 91608275334 10/14/2000 Norfolk 91608277595 10/21/2000 Norfolk 91608279591 11/1/2000 Norfolk 91608279831 11/13/2000 Norfolk 91608282314 11/15/2000 Norfolk 91608285028 11/30/2000 Norfolk 91609979181 11/30/2000 Norfolk 91609981393 12/15/2000 Norfolk 91608289400 12/23/2000 Norfolk 91608290515 12/29/2000 Norfolk 91608293402 1/16/2001 Norfolk 91608299045 2/8/2001 Norfolk 91608299029 2/8/2001 Norfolk 91610450438 2/15/2001 Norfolk 91610453739 2/28/2001 Norfolk 91610453754 2/28/2001 Norfolk 91610461088 3/27/2001 Norfolk 91610465063 4/17/2001 Norfolk 91610467440 4/24/2001 Norfolk 91610468562 5/1/2001 Norfolk 91610474115 5/23/2001 Norfolk 91610474289 6/5/2001 Norfolk 91610478389 6/13/2001 Norfolk 3003. Reliquidation of certain entries of polyester fleece sheet sets (a) In general Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law, if a request described in subsection (b) is filed with U.S. Customs and Border Protection, U.S. Customs and Border Protection shall— (1) liquidate or reliquidate entries specified in subsection (c) of merchandise that at the time of the original liquidation was classified under subheading 6302.32.20 of the Harmonized Tariff Schedule of the United States at the rate of duty that would have applied to the merchandise if the merchandise had been classified under subheading 6320.10.00 of the Harmonized Tariff Schedule; and (2) not later than 90 days after the date of the liquidation or reliquidation, refund any amounts owed pursuant to the liquidation or reliquidation, plus any accrued interest from the date of entry. (b) Requests Any person seeking a liquidation or reliquidation pursuant to subsection (a) with respect to an entry shall file a proper request with U.S. Customs and Border Protection not later than the date that is 90 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection— (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. (c) Affected entries The entries specified in this subsection are the following: Entry Number Date of Entry E6K 0100046–2 01/29/2009 E6K 0100046–2 01/29/2009 E6K 0100046–2 01/29/2009 595 4542745–8 02/16/2009 595 4542745–8 02/16/2009 E6K 0100054–6 02/25/2009 E6K 0100054–6 02/25/2009 595 4553647–2 03/29/2009 595 4566184–1 05/04/2009 595 4566184–1 05/04/2009 595 4585908–0 07/11/2009 595 4585908–0 07/11/2009 595 4588629–9 07/15/2009 595 4586741–4 07/16/2009 595 4586741–4 07/16/2009 595 4590977–8 07/26/2009 595 4595041–8 08/08/2009 595 4604765–1 09/01/2009 E6K 0100160–1 09/03/2009 E6K 0100160–1 09/03/2009 E6K 0100160–1 09/03/2009 595 4603649–8 09/03/2009 595 4603649–8 09/03/2009 595 4606523–2 09/04/2009 595 4607800–3 09/08/2009 595 4609593–2 09/12/2009 595 4609593–2 09/12/2009 595 4612439–3 09/26/2009 595 4612439–3 09/26/2009 595 4614597–6 09/29/2009 E6K 0100182–5 10/05/2009 E6K 0100182–5 10/05/2009 E6K 0100182–5 10/05/2009 E6K 0100191–6 10/19/2009 E6K 0100191–6 10/19/2009 E6K 0100191–6 10/19/2009 E6K 0100197–3 10/26/2009 E6K 0100197–3 10/26/2009 E6K 0100197–3 10/26/2009 595 4623019–0 10/27/2009 3004. Technical correction relating to stainless steel single-piece exhaust gas manifolds (a) Stainless steel single-Piece exhaust gas manifolds Heading 9902.40.94 is amended— (1) by striking 9902.01.50 in the article description column and inserting 8409.91.50 ; and (2) by striking the date in the effective period column and inserting 12/31/2015 . (b) Effective date (1) In general The amendment made by this section applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. (2) Retroactive applicability (A) In general Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law and subject to subparagraph (B), the entry of a good described in heading 9902.40.94 of the Harmonized Tariff Schedule of the United States (as amended by this section)— (i) which was made on or after January 1, 2010, and before the 15th day after the date of the enactment of this Act, and (ii) with respect to which there would have been no duty or a reduced duty (as the case may be) if the amendment or amendments made by this section applied to such entry, shall be liquidated or reliquidated as though the entry had been made on the 15th day after the date of the enactment of this Act. (B) Requests A liquidation or reliquidation may be made under subparagraph (A) with respect to an entry only if a request therefor is filed with U.S. Customs and Border Protection not later than 180 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection— (i) to locate the entry; or (ii) to reconstruct the entry if it cannot be located. (C) Payment of amounts owed Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry of a good under subparagraph (A) shall be paid, without interest, not later than 90 days after the date of the liquidation or reliquidation (as the case may be). (D) Definition As used in this paragraph, the term entry includes a withdrawal from warehouse for consumption. 3005. Liquidation or reliquidation of certain entries of top-of-the-stove stainless steel cooking ware from the Republic of Korea entered between January 1, 1999, and January 22, 2003 (a) In general Notwithstanding section 514 of the Tariff Act of 1930 ( 19 U.S.C. 1514 ) or any other provision of law and subject to the provisions of subsection (b), U.S. Customs and Border Protection shall, not later than 90 days after the receipt of the request described in subsection (b), liquidate or reliquidate as applicable each entry described in subsection (d) at the new rate of duty described in that subsection, to the extent the former rate of duty described in that subsection was applied to such merchandise on the date of entry. (b) Requests Liquidation or reliquidation may be made under subsection (a) with respect to an entry described in subsection (d) only if a request therefor is filed with U.S. Customs and Border Protection not later than 90 days after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection— (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. (c) Payment of amounts owed Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a), including interest accrued from the date of entry, shall be paid not later than 90 days after the date of such liquidation or reliquidation. (d) Entries described The entries referred to in subsection (a)(1) are as follows: (1) Entry year 1999 The entries described in this paragraph shall, to the extent an antidumping rate of duty of 8.10 percent or 7.39 percent was formerly applied, be reliquidated at an antidumping rate of duty of 1.67 percent: Entry number Entry date 336 2596739–5 02/04/1999 336 2596857–5 02/09/1999 336 2596897–1 02/09/1999 336 2596977–1 02/11/1999 336 2597059–7 02/11/1999 336 2597136–3 02/17/1999 336 2597190–0 02/17/1999 336 2597293–2 03/01/1999 336 2597320–3 03/01/1999 336 2597368–2 03/09/1999 336 2597491–2 03/18/1999 336 2597536–4 03/18/1999 336 2597601–6 03/19/1999 336 2597793–1 03/19/1999 336 2597808–7 03/25/1999 336 2597636–2 03/25/1999 336 2597671–9 03/31/1999 336 2597901–0 03/31/1999 336 2597966–3 04/07/1999 336 2598053–9 04/07/1999 336 2598123–0 04/14/1999 336 2598124–8 04/23/1999 336 2598238–6 04/23/1999 336 2598268–3 05/11/1999 336 2598269–1 05/11/1999 336 2598510–8 05/04/1999 336 2598511–6 05/03/1999 336 2598600–7 05/12/1999 336 2598601–5 05/12/1999 336 2598739–3 05/18/1999 336 2598740–1 05/18/1999 336 2598755–9 05/25/1999 336 2598756–7 05/25/1999 336 2598969–6 06/04/1999 336 2598970–4 06/04/1999 336 2599136–1 06/04/1999 336 2599137–9 06/04/1999 336 2599179–1 06/11/1999 336 2599725–1 06/21/1999 336 2599726–9 06/21/1999 336 2599484–5 06/30/1999 336 2599485–2 06/30/1999 336 2599651–9 07/06/1999 336 2599652–7 07/06/1999 336 2599787–1 07/14/1999 336 2599788–9 07/14/1999 336 2599916–6 07/19/1999 336 2600049–3 07/30/1999 336 2600050–1 07/30/1999 336 2600201–0 08/05/1999 336 2600202–8 08/05/1999 336 2600361–2 08/12/1999 336 2600362–0 08/12/1999 336 2600484–2 08/18/1999 336 2600525–2 08/18/1999 336 2600663–1 08/31/1999 336 2600664–9 08/31/1999 336 2600787–8 09/03/1999 336 2600788–6 09/03/1999 336 2600996–5 09/23/1999 336 2600997–3 09/23/1999 336 2601187–0 09/29/1999 336 2601188–8 09/29/1999 336 2601189–6 10/01/1999 336 2601190–4 10/01/1999 336 2601431–2 10/05/1999 336 2601432–0 10/05/1999 336 2601519–4 10/08/1999 336 2601520–2 10/08/1999 336 2601529–3 10/12/1999 336 2601530–1 10/12/1999 336 2601655–6 10/19/1999 336 2601656–4 10/19/1999 336 2601797–6 10/22/1999 336 2601798–4 10/22/1999 336 2601799–2 11/04/1999 336 2601800–8 11/03/1999 336 2601950–1 11/10/1999 336 2601951–9 11/10/1999 336 2602201–8 11/16/1999 336 2602202–6 11/16/1999 336 2602319–8 11/22/1999 336 2602320–6 11/22/1999 336 2602404–8 12/01/1999 336 2602405–5 12/01/1999 336 2602632–4 12/08/1999 336 2602633–2 12/06/1999 336 2602772–8 12/15/1999 336 2602773–6 12/15/1999 336 2602845–2 12/22/1999 336 2602846–0 12/22/1999 336 2602979–9 12/29/1999 336 2602980–7 12/29/1999 (2) Entry year 2000 The entries described in this paragraph shall, to the extent an antidumping rate of duty of 7.39 percent was formerly applied, be reliquidated at an antidumping rate of duty of 1.26 percent: Entry number Entry date 336 2603169–6 01/03/2000 336 2607879–6 01/15/2000 739 6029431–9 01/31/2000 739 6029704–9 02/08/2000 739 6029699–1 02/10/2000 739 6029930–0 02/16/2000 008 0635322–3 02/21/2000 739 6030272–4 02/24/2000 336 2604255–2 03/03/2000 739 6030562–8 03/07/2000 739 6030738–4 03/08/2000 336 2604432–7 03/10/2000 739 6031041–2 03/15/2000 739 6031221–0 03/21/2000 739 6031220–2 03/21/2000 739 6031198–0 03/22/2000 336 2604516–7 03/27/2000 008 0635935–2 03/28/2000 739 6031554–4 03/29/2000 739 6031329–1 03/30/2000 739 6031484–4 04/03/2000 336 2604723–9 04/06/2000 336 2604895–5 04/11/2000 336 2605088–6 04/14/2000 008 0636281–0 04/23/2000 739 6032412–4 04/23/2000 739 6031967–8 04/24/2000 739 6032414–0 04/24/2000 739 6032703–6 05/02/2000 739 6032745–7 05/02/2000 739 2605234–6 05/05/2000 739 6032999–0 05/09/2000 739 6033467–7 05/23/2000 739 6033484–2 05/23/2000 336 2605320–3 06/15/2000 336 2605636–2 06/16/2000 739 6034538–4 06/16/2000 336 2605656–0 06/19/2000 336 2605691–7 06/20/2000 336 2606008–3 07/06/2000 336 2606173–5 07/10/2000 739 6035525–0 07/13/2000 739 6035507–8 07/13/2000 336 2606449–9 07/19/2000 739 6035707–4 07/20/2000 739 6035801–5 07/20/2000 336 2606538–9 07/26/2000 336 2606646–0 08/03/2000 739 6036406–2 08/03/2000 739 6036408–8 08/03/2000 739 6036384–1 08/04/2000 336 2606921–7 08/09/2000 336 2607439–9 08/17/2000 336 2607447–2 08/18/2000 336 2607838–2 08/22/2000 739 6037536–5 09/12/2000 739 6038089–4 09/19/2000 739 6038497–9 10/02/2000 739 6038899–6 10/11/2000 739 6039461–4 10/25/2000 739 6039311–1 10/30/2000 336 2608716–9 11/03/2000 336 2608719–3 11/03/2000 739 6039841–7 11/07/2000 739 6039718–7 11/07/2000 336 2609709–3 11/08/2000 336 2608722–7 11/08/2000 336 9412013–2 11/10/2000 336 2609529–5 11/16/2000 739 6040100–5 11/16/2000 336 9412016–5 11/17/2000 336 9412019–9 11/21/2000 739 6040227–6 11/25/2000 739 6039607–2 11/28/2000 336 9412334–2 11/30/2000 336 9412337–5 11/30/2000 739 6040875–2 12/09/2000 739 6040981–8 12/12/2000 336 9412631–1 12/13/2000 739 6041062–6 12/17/2000 336 9412634–5 12/19/2000 739 6041145–9 12/20/2000 336 9412637–8 12/21/2000 336 9412899–4 12/26/2000 336 9412965–3 12/28/2000 739 6041516–1 12/30/2000 (3) Entry year 2001 The entries described in this paragraph shall, to the extent an antidumping rate of duty of 7.39 percent or 1.67 percent was formerly applied, be reliquidated at an antidumping rate of duty of 0.90 percent: Entry number Entry date 739 6041721–7 01/03/2001 008 0641141–9 01/05/2001 336 9412562–8 01/05/2001 336 9413082–6 01/05/2001 008 0641202–9 01/11/2001 336 9413358–0 01/12/2001 336 2608124–6 01/15/2001 336 9413361–4 01/15/2001 336 9412279–9 01/16/2001 739 6042228–2 01/18/2001 739 6042223–3 01/18/2001 336 9413426–5 01/19/2001 336 9413444–8 01/19/2001 739 6042405–6 01/23/2001 336 9413518–9 01/25/2001 739 6042480–9 01/26/2001 336 9413814–2 02/05/2001 739 6042833–9 02/05/2001 739 6042954–3 02/07/2001 336 9413894–4 02/08/2001 739 6042931–1 02/10/2001 336 9414162–5 02/23/2001 739 6043410–5 02/24/2001 336 9414223–5 03/07/2001 739 6043950–0 03/07/2001 336 9414325–8 03/20/2001 336 9414331–6 03/28/2001 336 9414333–2 03/29/2001 336 9415452–9 04/02/2001 336 9415449–5 04/04/2001 336 9415454–5 04/25/2001 336 9415456–0 04/25/2001 739 6047935–7 06/12/2001 739 6047856–5 06/14/2001 739 6047934–0 06/14/2001 739 6048091–8 06/21/2001 336 9567582–9 06/25/2001 336 9415457–8 07/06/2001 739 6048879–6 07/09/2001 739 6048948–9 07/10/2001 336 9568422–7 07/13/2001 739 6049096–6 07/16/2001 336 9568425–0 07/19/2001 739 6049296–2 07/20/2001 739 6049301–0 07/20/2001 739 6049300–2 07/20/2001 739 6049299–6 07/21/2001 739 6049553–6 07/25/2001 336 9568427–6 08/01/2001 739 6049985–0 08/08/2001 739 6050161–4 08/14/2001 739 6050233–1 08/14/2001 336 9568429–2 08/16/2001 336 9568431–8 08/27/2001 739 6050759–5 08/29/2001 739 6050761–1 08/29/2001 739 6050762–9 08/29/2001 739 6050789–2 08/29/2001 336 9568435–9 09/05/2001 220 1012341–6 09/19/2001 220 1012344–0 09/19/2001 220 1012345–7 09/19/2001 336 9568433–4 09/20/2001 336 9568437–5 09/21/2001 336 9568439–1 09/21/2001 739 6051534–1 09/21/2001 739 6051498–9 09/24/2001 336 9568441–7 10/01/2001 336 9568443–3 10/02/2001 739 6052003–6 10/05/2001 336 9568445–8 10/08/2001 336 9568449–0 10/11/2001 739 6052333–7 10/11/2001 336 9568447–4 10/17/2001 739 6052539–9 10/17/2001 739 6052581–1 10/18/2001 739 6052580–3 10/19/2001 739 6052582-9 10/19/2001 739 6052588–6 10/20/2001 336 9568451–6 11/05/2001 739 6053140–5 11/07/2001 336 9568453–2 11/12/2001 739 6053218–9 11/12/2001 739 6053346–8 11/12/2001 739 6053347–6 11/12/2001 336 9568455–7 11/14/2001 739 6053420–1 11/14/2001 336 9568457–3 11/23/2001 336 9568459–9 11/30/2001 336 9568464–9 12/05/2001 739 6054285–7 12/07/2001 739 6054242–8 12/11/2001 739 6054279–0 12/11/2001 739 6054290–7 12/11/2001 336 9573250–5 12/17/2001 739 6054501–7 12/18/2001 739 6054492–9 12/18/2001 336 9573252–1 12/26/2001 (4) Entry year 2002 The entries described in this paragraph shall, to the extent an antidumping rate of duty of 1.67 percent or 1.26 percent was formerly applied, be reliquidated at an antidumping rate of duty of 0.90 percent: Entry number Entry date 739 6055104–9 01/02/2002 336 9573254–7 01/03/2002 336 2605850–9 01/07/2002 336 9903585–5 01/09/2002 739 6055356–5 01/11/2002 739 6055488–6 01/14/2002 336 9573496–4 01/11/2002 336 9903640–8 01/15/2002 739 6055586–7 01/15/2002 336 9903642–4 01/18/2002 336 9573258–8 01/18/2002 739 6055963–8 01/25/2002 739 6055954–7 01/29/2002 739 6056226–9 02/06/2002 739 6056338–2 02/06/2002 739 6056433–1 02/12/2002 739 6056623–7 02/19/2002 739 6056968–6 02/28/2002 739 6057410–8 03/12/2002 739 6057409–0 03/15/2002 739 6057973–5 03/29/2002 739 6058682–1 04/18/2002 739 6058950–2 04/27/2002 739 6058971–8 04/27/2002 JG6 8804702–0 05/09/2002 739 6059602–8 05/15/2002 739 6059573–1 05/15/2002 739 6059603–6 05/15/2002 JG6 8804788–9 05/16/2002 JG6 8804733–5 05/16/2002 739 6059792–7 05/22/2002 JG6 8804897–8 05/25/2002 JG6 8805011–5 05/30/2002 JG6 8804965–3 06/03/2002 JG6 8804917–4 06/03/2002 739 6060475–6 06/10/2002 739 6060821–1 06/14/2002 739 6060772–6 06/18/2002 739 6061068–8 06/22/2002 739 6061103–3 06/23/2002 739 6061069–6 06/23/2002 739 6061895–4 07/10/2002 739 6061776–6 07/12/2002 739 6062689–0 07/28/2002 739 6063735–0 08/20/2002 739 6063709–5 08/20/2002 739 6063710–3 08/20/2002 739 6064286–3 09/03/2002 739 6065264–9 09/22/2002 739 6065240–9 09/22/2002 739 6065872–9 10/06/2002 739 6066825–6 10/29/2002 739 6066891–8 11/03/2002 739 6067943–6 11/21/2002 (5) Entry year 2003 The entries described in this paragraph shall, to the extent an antidumping rate of duty of 1.26 percent was formerly applied, be reliquidated at an antidumping rate of duty of 0.90 percent: Entry number Entry date 739 6069860–0 01/05/2003 739 6070029–9 01/12/2003 739 6070500–9 01/22/2003 739 6070760–9 01/26/2003 739 6070759–1 01/26/2003 739 6070914–2 01/29/2003 (e) Prohibition on collection of certain payments made under the Continued Dumping and Subsidy Offset Act of 2000 (1) In General Notwithstanding any other provision of law and except as provided in paragraph (3), neither the Secretary of Homeland Security nor any other person may require repayment of, or attempt in any other way to recoup, any payments described in paragraph (2) in an attempt to offset any amount to be refunded pursuant to subsection (c). (2) Payments Described Payments described in this paragraph are payments of antidumping or countervailing duties made pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ), repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154)) that were assessed and paid on imports of goods covered by subsection (a) when the entries for those goods were originally liquidated. (3) Limitation Nothing in this subsection shall be construed to prevent the Secretary of Homeland Security, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payments described in paragraph (2) as a result of a finding of false statements or other misconduct by a recipient of such a payment. 3006. Liquidation or reliquidation of certain entries of digital still image video cameras (a) In general Notwithstanding sections 514 and 520 of the Tariff Act of 1930 (19 U.S.C. 1514 and 1520) or any other provision of law, if a request described in subsection (b) is filed with U.S. Customs and Border Protection, U.S. Customs and Border Protection shall— (1) liquidate or reliquidate each entry specified in subsection (d) of merchandise that was classified under subheading 8525.80.50 of the Harmonized Tariff Schedule of the United States at the time of entry or was reclassified under that subsection at a later date, at the rate of duty that would have applied to that merchandise if the merchandise was classified under subheading 8525.80.40 of the Harmonized Tariff Schedule of the United States; and (2) refund any amounts pursuant to such liquidation or reliquidation, plus any accrued interest from the date of entry. (b) Requests Any importer seeking a liquidation or reliquidation pursuant to subsection (a) shall file a proper request with U.S. Customs and Border Protection before the 90th day after the date of the enactment of this Act that contains sufficient information to enable U.S. Customs and Border Protection— (1) to locate the entry; or (2) to reconstruct the entry if it cannot be located. (c) Payment of amounts owed Any amounts owed by the United States pursuant to the liquidation or reliquidation of an entry under subsection (a) shall be paid not later than 180 days after the date of such liquidation or reliquidation. (d) Entries The entries referred to in subsection (a) are the following: Entry Number Entry Date AJR-3162606-0 03/22/2007 AJR-3162671-4 03/25/2007 AJR-3162710-0 03/25/2007 AJR-3162736-5 03/25/2007 AJR-3162737-3 03/26/2007 AJR-3163482-5 04/10/2007 AJR-3163639-0 04/13/2007 AJR-3163632-5 04/14/2007 AJR-3163518-6 04/16/2007 FY1-2306902-0 07/30/2007 FY1-2307071-3 09/28/2007 FY1-2307092-9 10/02/2007 FY1-2307081-2 10/05/2007 FY1-0027486-6 10/06/2007 FY1-2307082-0 10/08/2007 FY1-2307107-5 10/14/2007 FY1-0027588-9 10/15/2007 595-4373770-0 10/27/2007 FY1-2307176-0 11/04/2007 FY1-2307207-3 11/07/2007 595-4375886-2 11/08/2007 595-4375899-5 11/09/2007 FY1-2307217-2 11/09/2007 FY1-2307203-2 11/11/2007 FY1-2307226-3 11/12/2007 FY1-2307182-8 11/14/2007 FY1-2307245-3 11/25/2007 595-4386455-3 12/14/2007 FY1-2307341-0 12/17/2007 FY1-2307363-4 12/26/2007 FY1-2307364-2 12/26/2007 FY1-2307382-4 12/31/2007 FY1-2307384-0 01/07/2008 FY1-2307398-0 01/10/2008 FY1-2307414-5 01/14/2008 FY1-2307419-4 01/17/2008 FY1-2307440-0 01/24/2008 FY1-2307447-5 01/28/2008 FY1-2307448-3 01/28/2008 FY1-2307455-8 01/31/2008 FY1-2307458-2 01/31/2008 FY1-2307516-7 02/08/2008 FY1-2307467-3 02/09/2008 595-4410837-2 02/13/2008 FY1-2307524-1 02/13/2008 FY1-2307518-3 02/15/2008 FY1-2307537-3 02/19/2008 FY1-2307538-1 02/19/2008 FY1-2307604-1 03/06/2008 FY1-2307615-7 03/10/2008 FY1-2307616-5 03/10/2008 FY1-2307605-8 03/13/2008 FY1-2307624-9 03/14/2008 595-4420282-9 03/15/2008 FY1-2307632-2 03/17/2008 FY1-2307633-0 03/17/2008 FY1-2307634-8 03/17/2008 FY1-2307630-6 03/19/2008 FY1-2307638-9 03/19/2008 FY1-2307647-0 03/20/2008 FY1-2307656-1 03/24/2008 FY1-2307657-9 03/24/2008 FY1-2307658-7 03/24/2008 FY1-2307659-5 03/24/2008 FY1-2307661-1 03/24/2008 FY1-2307646-2 03/27/2008 595-4426631-1 04/04/2008 FY1-2307683-5 04/04/2008 AJR-3178363-0 04/07/2008 FY1-2307707-2 04/18/2008 FY1-2307717-1 04/18/2008 FY1-2307718-9 04/18/2008 FY1-2307724-7 04/21/2008 FY1-2307725-4 04/22/2008 FY1-2307730-4 04/25/2008 FY1-2307731-2 04/25/2008 FY1-2307732-0 04/28/2008 FY1-2307736-1 04/28/2008 FY1-2307737-9 04/29/2008 FY1-2307738-7 05/01/2008 FY1-2307745-2 05/01/2008 AJR-3179504-8 05/02/2008 595-4439624-1 05/05/2008 FY1-2307746-0 05/05/2008 FY1-2307757-7 05/08/2008 595-4437519-5 05/14/2008 FY1-2307770-0 05/18/2008 FY1-2307808-8 05/23/2008 FY1-2307791-6 05/25/2008 AJR-3180463-4 05/26/2008 FY1-2307811-2 05/27/2008 FY1-2307814-6 05/27/2008 FY1-2307815-3 05/27/2008 FY1-2307816-1 05/27/2008 FY1-2307817-9 05/27/2008 FY1-2307818-7 05/27/2008 FY1-2307824-5 05/29/2008 FY1-2307828-6 05/29/2008 595-4451086-6 06/05/2008 FY1-2307849-2 06/06/2008 FY1-2307857-5 06/09/2008 FY1-2307879-9 06/16/2008 FY1-2307880-7 06/16/2008 FY1-0031235-1 06/20/2008 FY1-2307894-8 06/20/2008 FY1-2307897-1 06/23/2008 FY1-2307898-9 06/23/2008 FY1-2307899-7 06/23/2008 FY1-2307902-9 06/26/2008 FY1-2307911-0 06/27/2008 510-1274284-0 07/01/2008 FY1-2307943-3 07/10/2008 595-4468860-5 07/18/2008 595-4472973-0 08/07/2008 595-4472978-9 08/14/2008 FY1-2308038-1 08/16/2008 FY1-2308088-6 08/25/2008 595-4488037-6 09/04/2008 FY1-2308111-6 09/11/2008 FY1-0033329-0 09/28/2008 FY1-0033330-8 09/28/2008 FY1-2308170-2 10/02/2008 FY1-2308178-5 10/14/2008 FY1-2308229-6 10/16/2008 FY1-2308261-9 10/23/2008 FY1-2308284-1 10/27/2008 FY1-2308292-4 11/03/2008 FY1-0034031-1 11/04/2008 FY1-2308329-4 11/10/2008 FY1-0034232-5 11/13/2008 FY1-0034256-4 11/14/2008 FY1-2308359-1 11/21/2008 FY1-0034442-0 11/24/2008 FY1-2308371-6 11/24/2008 FY1-0034497-4 11/26/2008 FY1-0034551-8 12/01/2008 FY1-0034572-4 12/01/2008 FY1-0035346-2 01/19/2009 FY1-0035385-0 01/28/2009 FY1-0035557-4 02/07/2009 FY1-0035601-0 02/08/2009 FY1-0035711-7 02/09/2009 FY1-0035815-6 02/13/2009 FY1-0035766-1 02/18/2009 FY1-0035869-3 02/19/2009 FY1-0035881-8 02/20/2009 FY1-0035909-7 02/23/2009 FY1-0035916-2 02/23/2009 FY1-0036012-9 02/25/2009 FY1-0036027-7 02/26/2009 FY1-0036036-8 02/26/2009 FY1-0035687-9 03/01/2009 FY1-0036064-0 03/02/2009 FY1-0036065-7 03/02/2009 FY1-0035705-9 03/08/2009 FY1-0036231-5 03/12/2009 FY1-0036250-5 03/13/2009 FY1-0035948-5 03/15/2009 FY1-0036272-9 03/16/2009 FY1-2308691-7 03/16/2009 FY1-0036316-4 03/17/2009 FY1-2308696-6 03/17/2009 FY1-0036333-9 03/18/2009 FY1-0036359-4 03/19/2009 FY1-0036366-9 03/20/2009 FY1-0036367-7 03/20/2009 FY1-0036380-0 03/21/2009 FY1-0036381-8 03/21/2009 FY1-0036115-0 03/22/2009 FY1-0036395-8 03/23/2009 FY1-0036396-6 03/23/2009 FY1-0036397-4 03/23/2009 FY1-0036450-1 03/25/2009 AJR-7278415-8 03/30/2009 FY1-0036524-3 03/30/2009 FY1-0036526-8 03/30/2009 FY1-0036321-4 04/04/2009 FY1-0036679-5 04/10/2009 FY1-2308762-6 04/10/2009 FY1-2308764-2 04/10/2009 FY1-0036379-2 04/11/2009 FY1-0036777-7 04/13/2009 FY1-2308770-9 04/13/2009 FY1-2308771-7 04/13/2009 FY1-0036853-6 04/15/2009 FY1-2308774-1 04/15/2009 FY1-0036803-1 04/17/2009 FY1-0036864-3 04/20/2009 FY1-0036867-6 04/20/2009 FY1-2308787-3 04/20/2009 FY1-2308790-7 04/20/2009 FY1-2308791-5 04/20/2009 FY1-0036883-3 04/21/2009 FY1-2308803-8 04/23/2009 FY1-0036943-5 04/24/2009 FY1-0036970-8 04/24/2009 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FY1-0037997-0 06/19/2009 FY1-2309019-0 06/19/2009 FY1-2309027-3 06/19/2009 FY1-2309028-1 06/19/2009 FY1-0038033-3 06/22/2009 FY1-0038046-5 06/22/2009 FY1-0038047-3 06/22/2009 FY1-2309040-6 06/23/2009 FY1-0038122-4 06/25/2009 FY1-0038148-9 06/25/2009 FY1-0038209-9 06/29/2009 FY1-0038210-7 06/29/2009 FY1-2309061-2 06/29/2009 FY1-2309062-0 06/29/2009 FY1-0038298-2 07/06/2009 FY1-0038363-4 07/08/2009 FY1-0038390-7 07/10/2009 FY1-0038391-5 07/10/2009 FY1-2309080-2 07/10/2009 FY1-0038445-9 07/13/2009 FY1-0038457-4 07/13/2009 FY1-0038479-8 07/13/2009 FY1-2309091-9 07/13/2009 FY1-0038511-8 07/16/2009 FY1-0038548-0 07/16/2009 FY1-0038564-7 07/16/2009 FY1-0038549-8 07/20/2009 FY1-0038594-4 07/20/2009 FY1-0038595-1 07/20/2009 FY1-2309113-1 07/20/2009 FY1-0038660-3 07/22/2009 FY1-2309120-6 07/23/2009 FY1-0038749-4 07/27/2009 FY1-2309137-0 07/27/2009 FY1-2309138-8 07/27/2009 FY1-2309143-8 07/30/2009 FY1-0039082-9 09/04/2009 FY1-0041364-7 12/08/2009 FY1-0041365-4 12/08/2009 | https://www.govinfo.gov/content/pkg/BILLS-113hr2708ih/xml/BILLS-113hr2708ih.xml |
113-hr-2709 | I 113th CONGRESS 1st Session H. R. 2709 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Camp (for himself, Mr. Levin , Mr. Nunes , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the Generalized System of Preferences.
1. Extension of Generalized System of Preferences Section 505 of the Trade Act of 1974 ( 19 U.S.C. 2465 ) is amended by striking July 31, 2013 and inserting September 30, 2015 . | https://www.govinfo.gov/content/pkg/BILLS-113hr2709ih/xml/BILLS-113hr2709ih.xml |
113-hr-2710 | I 113th CONGRESS 1st Session H. R. 2710 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Culberson (for himself and Mr. Bishop of Utah ) 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 restore State sovereignty over public education and parental rights over the education of their children.
1. Short title This Act may be cited as the Restoration of Parental Rights and State Sovereignty Act of 2013 . 2. Restoration of State sovereignty over public education and parental rights over the education of their children Part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7881 et seq.) is amended by adding at the end the following: 3 Restoration of State sovereignty over public education and parental rights over the education of their children 9541. States to retain rights and authorities they do not expressly waive (a) Retention of rights and authorities No officer, employee, or other authority of the Secretary shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving assistance under a grant program established under this Act, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, in doing so, have waived the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance. (b) Amendment of terms of receipt of Federal financial assistance An officer, employee, or other authority of the Secretary may release assistance under a grant program established under this Act to a State only after the legislature of the State has by law expressly approved the program (as described in subsection (a)). This approval may be accomplished by a vote to affirm a State budget that includes the use of such Federal funds and any such State budget must expressly include any requirement imposed as a condition of receiving assistance under a grant program established under this Act so that by approving the budget, the State legislature is expressly approving the grant program and, in doing so, waiving the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Secretary as a condition of receiving that assistance. (c) Special rule for States with biennial legislatures In the case of a State with a biennial legislature— (1) during a year in which the State legislature does not meet, subsections (a) and (b) shall not apply; and (2) during a year in which the State legislature meets, subsections (a) and (b) shall apply, and, with respect to any grant program established under this Act during the most recent year in which the State legislature did not meet, the State may by law expressly disapprove the grant program, and, if such disapproval occurs, an officer, employee, or other authority of the Secretary may not release any additional assistance to the State under that grant program. (d) Definition of state authority As used in this section, the term authority of a State includes any administering agency of the State, any officer or employee of the State, and any local government authority of the State. (e) Effective date This section applies in each State beginning on the 90th day after the end of the first regular session of the legislature of that State that begins 5 years after the date of the enactment of the Student Success Act and shall continue to apply in subsequent years until otherwise provided by law. 9542. Dedication of savings to deficit reduction Notwithstanding any formula reallocations stipulated under the Student Success Act, any funds under such Act not allocated to a State because a State did not affirmatively agree to the receipt of such funds shall not be reallocated among the States. 9543. Definition of State with biennial legislature In this Act, the term State with a biennial legislature means a State the legislature of which meets every other year. 9544. Intent of Congress It is the intent of Congress that other than the terms and conditions expressly approved by State law under the terms of this subpart, control over public education and parental rights to control the education of their children are vested exclusively within the autonomous zone of independent authority reserved to the States and individual Americans by the United States Constitution, other than the Federal Government’s undiminishable obligation to enforce minimum Federal standards of equal protection and due process. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2710ih/xml/BILLS-113hr2710ih.xml |
113-hr-2711 | I 113th CONGRESS 1st Session H. R. 2711 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Ms. Jenkins (for herself and Mr. Brady of Texas ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to establish certain procedures for conducting in-person or telephonic interactions by Executive branch employees with individuals, and for other purposes.
1. Short title This Act may be cited as the Citizen Empowerment Act . 2. Amendments (a) In general Part III of title 5, United States Code, is amended by inserting after chapter 79 the following: 79A Services to Members of the Public Sec. 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees. 7921. Procedures for in-person and telephonic interactions conducted by executive branch employees (a) Definitions For purposes of this section— (1) the term telephonic means by telephone or other similar electronic device; and (2) the term State means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. (b) Recording of enforcement actions (1) Recording by individuals Any employee of an Executive agency who is conducting an in-person or a telephonic interview, audit, investigation, inspection, or other official in-person or telephonic interaction with an individual, relating to a possible or alleged violation of any Federal statute or regulation that could result in the imposition of a fine, forfeiture of property, civil monetary penalty, or criminal penalty against, or the collection of an unpaid tax, fine, or penalty from, such individual or a business owned or operated by such individual, shall allow such individual to make an audio recording of such in-person or telephonic interaction at the individual’s own expense and with the individual’s own equipment. (2) Recording by Federal employees Any employee of an Executive agency that is conducting an in-person or a telephonic interaction described in paragraph (1) may record that interaction if such employee— (A) informs the individual of such recording prior to or at the initiation of the in-person or telephonic interaction; and (B) upon request of the individual, provides the individual with a transcript or copy of such recording, but only if the individual provides reimbursement for the cost of the transcription and reproduction of such transcript or copy. (c) Explanations of rights (1) In general Any employee of an Executive agency shall, before or at an initial in-person or telephonic interview, audit, investigation, inspection, or other official in-person or telephonic interaction, described in subsection (b)(1), provide to the individual a verbal or written notice of the individual’s rights under this section. (2) Separate notifications for separate violations Paragraph (1) shall not, for purposes of any interaction described in subsection (b)(1), be considered satisfied based on a notification previously given if that previous notification was given in the case of a possible or alleged violation separate from the possible or alleged violation at hand. (d) Application to official representative or those holding power of attorney Any person who is permitted to represent, before an Executive agency described in subsection (b)(1), an individual permitted to make an audio recording under such subsection of an in-person or a telephonic interaction conducted by an employee of that Executive agency— (1) shall be permitted— (A) to make an audio recording under subsection (b)(1) as if the person were such individual; and (B) to receive a transcript or copy of an audio recording under subsection (b)(2) as if the person were such individual; (2) shall receive the same notice as that which is required to be provided to the individual under subsection (c); and (3) with respect to an audio recording (as referred to in paragraph (1)(A)) and a transcript or copy of a recording (as referred to in paragraph (1)(B)), shall have the same rights as described in subsection (e). (e) Property of audio recording Any audio recording or transcript of an audio recording made pursuant to subsection (b)(1) or provided to an individual pursuant to subsection (b)(2)(B) shall be the property of such individual. (f) No cause of action This section does not create any express or implied private right of action. (g) Exceptions (1) Classified information, public safety, criminal investigation This section shall not apply to any in-person or telephonic interaction— (A) that is likely to include the discussion of classified material; (B) that is likely to include the discussion of information that, if released publicly, would endanger public safety; or (C) that, if released, would endanger an ongoing criminal investigation if such investigation is being conducted by a Federal law enforcement officer (as defined by section 2 of the Law Enforcement Congressional Badge of Bravery Act of 2008) who is employed by a Federal law enforcement agency. (2) Determination by employees An employee of an Executive agency who makes a determination that an exception created by paragraph (1) applies to an in-person or a telephonic interaction or to a series of such interactions shall provide written notification of such determination to any person who would otherwise be permitted to make an audio recording of the interaction under subsection (b)(1) or (d). (h) Prior law For the purposes set forth in paragraphs (1) and (2) of subsection (b), this section supersedes section 2511(2)(d) of title 18 and any provision of Federal or State law insofar as such section or provision relates to the recording of an in-person or a telephonic interaction described in subsection (b)(1). (i) Disciplinary action An employee who violates this section shall be subject to appropriate disciplinary action in accordance with otherwise applicable provisions of law. . (b) Clerical amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 79 the following: 79A. Services to Members of the Public 7921 . | https://www.govinfo.gov/content/pkg/BILLS-113hr2711ih/xml/BILLS-113hr2711ih.xml |
113-hr-2712 | I 113th CONGRESS 1st Session H. R. 2712 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mrs. Lowey (for herself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide certain requirements for the licensing of commercial nuclear facilities.
1. Short title This Act may be cited as the Nuclear Power Licensing Reform Act of 2013 . 2. Amendments Section 103 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133 ) is amended— (1) in subsection b., by inserting , including that the facility does not pose an unreasonable threat to persons or the environment because of safety or security vulnerabilities (including vulnerability to terrorist attacks), and that there exist adequate evacuation plans for emergency events and that those plans have been approved by the relevant Federal agencies and States within 50 miles of the facility after by rule establish ; and (2) in subsection c., by adding at the end the following: Any such renewal shall be subject to the same criteria and requirements that would be applicable for an original application for initial construction, and the Commission shall ensure that any changes in the size or distribution of the surrounding population, or seismic or other scientific data not available at time of original licensing, have not resulted in the facility being located at a site at which a new facility would not be allowed to be built. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2712ih/xml/BILLS-113hr2712ih.xml |
113-hr-2713 | I 113th CONGRESS 1st Session H. R. 2713 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Meadows 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 gain from the sale or grant of conservation easements and to allow the sale or grant of conservation easements in the case of the special estate tax valuation provisions for certain farm and other trade or business real property.
1. Short title This Act may be cited as the Capital Gains Easement Act of 2013 . 2. Exclusion of gain from sale or grant for real property conservation purposes (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139E. Gain from sale or grant for conservation purposes (a) In general Gross income shall not include any gain from the sale or grant of a qualified real property interest to a qualified organization exclusively for conservation purposes. (b) Definitions For purposes of this section— (1) Qualified real property interest (A) In general The term qualified real property interest means any of the following interests in real property: (i) The entire interest of the taxpayer. (ii) A remainder interest. (iii) A restriction (granted in perpetuity) on the use which may be made of the real property. (B) Special rule for mineral interests An interest in real property shall not fail to be treated as a qualified real property interest solely by reason of a retention of a qualified mineral interest. (2) Qualified organization; conservation purposes The terms qualified organization and conservation purpose shall have the respective meanings given such terms by section 170(h). . (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. 139E. Gain from sale or grant of conservation easement. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 3. Sale of conservation easement not a disposition for purposes of special estate tax real estate valuation rules (a) In general Paragraph (8) of section 2032A(c) of the Internal Revenue Code of 1986 is amended by inserting or a sale or grant to which section 139E applies after by gift or otherwise . (b) Effective date The amendment made by this section shall apply to sales or grants after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2713ih/xml/BILLS-113hr2713ih.xml |
113-hr-2714 | I 113th CONGRESS 1st Session H. R. 2714 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Meadows 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 taxpayers to assign to another taxpayer the amount of the unused charitable deduction for qualified conservation contributions.
1. Short title This Act may be cited as the American Conservation Empowerment Act of 2013 . 2. Authority to assign unused charitable deduction for qualified conservation contributions (a) In general Subsection (d) of section 170 of the Internal Revenue Code of 1986 (relating to carryover of excess contributions) is amended by adding at the end the following new paragraph: (3) Excess qualified contribution contributions (A) In general Any amount of the excess qualified conservation contributions for any taxable year may be assigned by the taxpayer to any other person. 90 percent of the amount so assigned shall be treated as contributions made by such other person and not by the taxpayer, and the remainder of the amount so assigned shall not be treated as charitable contributions. (B) Excess conservation contributions For purposes of this paragraph, the term excess conservation contributions means, with respect to any taxable year, the lesser of— (i) the amount which would, by reason of this subsection or any other provision of this section, be treated as a charitable contribution paid in a succeeding taxable year, over (ii) the qualified conservation contributions paid (or treated as paid) during the taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2714ih/xml/BILLS-113hr2714ih.xml |
113-hr-2715 | I 113th CONGRESS 1st Session H. R. 2715 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Michaud (for himself and Mr. Welch ) 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 include biomass heating appliances for tax credits available for energy-efficient building property and energy property.
1. Short title This Act may be cited as the Biomass Thermal Utilization Act of 2013 or the BTU Act of 2013 . 2. Residential energy-efficient property credit for biomass fuel property expenditures (a) Allowance of credit Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of paragraph (4), (2) by striking the period at the end of paragraph (5) and inserting , and , and (3) by adding at the end the following new paragraph: (6) 30 percent of the qualified biomass fuel property expenditures made by the taxpayer during such year. . (b) Qualified biomass fuel property expenditures Subsection (d) of section 25D of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Qualified biomass fuel property expenditure (A) In general The term qualified biomass fuel property expenditure means an expenditure for property— (i) which uses the burning of biomass fuel to heat a dwelling unit located in the United States and used as a residence by the taxpayer, or to heat water for use in such a dwelling unit, and (ii) which has a thermal efficiency rating of at least 75 percent (measured by the higher heating value of the fuel). (B) Biomass fuel For purposes of this section, the term biomass fuel means any plant-derived fuel available on a renewable or recurring basis, including agricultural crops and trees, wood and wood waste and residues, plants (including aquatic plants), grasses, residues, and fibers. Such term includes densified biomass fuels such as wood pellets. . (c) Effective date The amendments made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2013. 3. Investment tax credit for biomass heating property (a) In general Subparagraph (A) of section 48(a)(3) is amended by striking or at the end of clause (vi), by inserting or at the end of clause (vii), and by inserting after clause (vii) the following new clause: (viii) open-loop biomass (within the meaning of section 45(c)(3)) heating property, including boilers or furnaces which operate at thermal output efficiencies of not less than 65 percent (measured by the higher heating value of the fuel) and which provide thermal energy in the form of heat, hot water, or steam for space heating, air conditioning, domestic hot water, or industrial process heat, but only with respect to periods ending before January 1, 2017, . (b) 30 percent and 15 percent credits (1) In general Subparagraph (A) of section 48(a)(2) is amended— (A) by redesignating clause (ii) as clause (iii), (B) by inserting after clause (i) the following new clause: (ii) except as provided in clause (i)(V), 15 percent in the case of energy property described in paragraph (3)(A)(viii), and , and (C) by inserting or (ii) after clause (i) in clause (iii), as so redesignated. (2) Increased credit for greater efficiency Clause (i) of section 48(a)(2)(A) is amended by striking and at the end of subclause (III) and by inserting after subclause (IV) the following new subclause: (V) energy property described in paragraph (3)(A)(viii) which operates at a thermal output efficiency of not less than 80 percent (measured by the higher heating value of the fuel), . (c) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). | https://www.govinfo.gov/content/pkg/BILLS-113hr2715ih/xml/BILLS-113hr2715ih.xml |
113-hr-2716 | I 113th CONGRESS 1st Session H. R. 2716 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Moran introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for offsetting certain past-due local tax debts against income tax overpayments.
1. Offsetting past-due, legally enforceable local tax obligations (a) In general Subsection (e) of section 6402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Past-due, legally enforceable local tax obligations (A) In general A State may, on behalf of a local government located within the State, submit a notice of past-due, legally enforceable local tax obligation for offset under this subsection. (B) Special rules Such submission and offset shall be made with respect to any past-due, legally enforceable local tax obligation under rules similar to the rules of this subsection, except— (i) under paragraph (3)(A), any reduction attributable to a past-due, legally enforceable local tax obligation shall be made (in addition to reductions specified in such subparagraph) after the overpayment is reduced pursuant to— (I) this subsection with respect to any past-due, legally enforceable State income tax obligation; and (II) subsection (f) with respect to any covered unemployment compensation debt; and (ii) the local government on whose behalf a State is submitting shall certify to the State that the requirements of paragraph (4) have been met by the local government. (C) Past-due, legally enforceable local tax obligation For purposes of this subsection, the term past-due, legally enforceable local tax obligation means any debt— (i) (I) which resulted from a judgment rendered by a court of competent jurisdiction, or a determination after an administrative hearing, which has determined an amount of tax to be due to a local government; and (II) which is no longer subject to judicial review; or (ii) which resulted from a tax imposed by a local government which has been assessed but not collected, the time for redetermination of which has expired, and which has not been delinquent for more than 10 years. Such term shall not include any local income tax described in the second sentence of paragraph (5). (D) Regulations The Secretary shall issue such regulations, and modify any such regulations under paragraph (6), as may be necessary to carry out the purposes of this paragraph. . (b) Effective date The amendments made by this section shall apply to refunds payable after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2716ih/xml/BILLS-113hr2716ih.xml |
113-hr-2717 | I 113th CONGRESS 1st Session H. R. 2717 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Roskam (for himself and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize further assistance to Israel for the Iron Dome anti-rocket defense system and authorization for cooperation on the David’s Sling, Arrow, and Arrow 3 anti-missile defense systems.
1. Short title This Act may be cited as the United States-Israel Missile Defense Cooperation Act of 2013 . 2. Findings Congress finds the following: (1) The State of Israel remains under grave threat and frequent attack from missiles, rockets, and mortar shells fired at Israeli civilian targets by militants from Foreign Terrorist Organizations such as Hamas and Palestinian Islamic Jihad on its southern border and by Hezbollah on its northern border, which have killed, wounded, or inflicted psychological trauma on countless Israelis. Additionally, Israel faces a potential ballistic missile threat from Iran and Syria. (2) The United States-Israel Enhanced Security Cooperation Act of 2012 (22 U.S.C. 8601 et seq.) established the policy of the United States to support the inherent right of Israel to self-defense. (3) The United States remains committed to Israel’s qualitative military edge, including its advantage over non-state actors such as Hezbollah and Hamas, which boast increasingly sophisticated and powerful weapons as a result of support from Iran, Syria, and other state actors. (4) The United States can help to advance its own vital national security interests and the cause of Middle Eastern peace and stability by supporting Israel’s ability to defend itself against missiles, rockets, and other threats. (5) United States-Israel missile defense cooperation dates back over two decades with great success, such as the Arrow Weapon System, which is already protecting Israel. These systems are life-saving, war-preventing and the technologies of the cooperative programs belong to both the United States and Israel. (6) United States industries are equal partners in the development of the cooperative systems, which creates employment opportunities in the United States and Israel. All technical milestones to date have been met on time. (7) The David’s Sling Weapon System (DSWS), in joint development by the United States and Israel, is being designed to intercept short-range and medium-range ballistic missiles, long-range rockets, and cruise missiles. (8) The David’s Sling Weapon System successfully intercepted an inert medium-range rocket in November 2012, and defense officials expect the program to be fully operational as planned on time. (9) The Arrow 3 Weapon System, in joint development by the United States and Israel, is being designed to intercept long-range missiles in high altitude in order to minimize leakage from a nuclear or chemical warhead. (10) The Arrow 3 Weapon System completed a successful fly-out test in February 2013 and July 2013. (11) The Arrow Weapon System, in joint development between the United States and Israel, has been operational since 2000 and targets medium-range ballistic missiles. (12) The Israeli Defense Forces report that the Iron Dome anti-rocket defense system has achieved a success rate of more than 85 percent, intercepting rockets bound for residential neighborhoods, busy road junctions, shopping centers, and crowded streets across Israel. (13) The success of the Iron Dome anti-rocket defense system during Operation Pillar of Defense in November 2012 averted massive Israeli casualties, thereby decreasing Israel’s need to conduct a ground-based attack against Gaza-based terrorists, enhancing Israel’s operational flexibility, and preventing terrorists from plunging the region into crisis whenever they choose. (14) Israel has indicated that it is ready to share the technology of the Iron Dome anti-rocket defense system with the United States, which would strengthen United States defense capabilities. (15) The Government of Israel currently has five operational Iron Dome batteries deployed in the field, which are far from sufficient to protect all of Israel’s territory. 3. Authorization of assistance to Israel for the Iron Dome anti-rocket defense system and authorization for cooperation on the David’s Sling, Arrow, and Arrow 3 anti-missile defense systems The President, acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance, upon request of the Government of Israel, for the procurement of the Iron Dome anti-rocket defense system, as well as authorization for cooperation on the development, maintenance, enhancement, and sustainment of the David’s Sling, Arrow, and Arrow 3 anti-missile defense systems, for the purposes of intercepting short-range, medium-range, and long-range rockets, missiles, and projectiles launched against Israel. | https://www.govinfo.gov/content/pkg/BILLS-113hr2717ih/xml/BILLS-113hr2717ih.xml |
113-hr-2718 | I 113th CONGRESS 1st Session H. R. 2718 IN THE HOUSE OF REPRESENTATIVES July 17, 2013 Mr. Young of Alaska (for himself and Mr. Cole ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To empower federally recognized Indian tribes to accept restricted fee tribal lands, and for other purposes.
1. Short title This Act may be cited as the American Indian Empowerment Act of 2013 . 2. Empower tribes to accept restricted fee tribal lands (a) Conveyance of tribal trust lands to restricted fee tribal lands Notwithstanding any other provision of law, not later than 180 days after receipt by the Secretary of the Interior of a written request adopted by the governing body of a federally recognized Indian tribe, the Secretary shall, subject to a restriction imposed by the United States against alienation and taxation, convey to the Indian tribe all right, title, and interest held by the United States in land specifically requested by the Indian tribe which the United States held in trust for that Indian tribe. (b) Attributes of restricted fee tribal lands Any land held by a federally recognized Indian tribe subject to a restriction imposed by the United States against alienation and taxation, shall be deemed, for all purposes, to be— (1) Indian country as defined in section 1151 of title 18, United States Code; and (2) the Indian lands of that Indian tribe subject to the provisions of the Act of June 30, 1834 (25 U.S.C. 177; 4 Stat. 730). (c) Tribal authority over restricted fee tribal lands Notwithstanding the provisions of the Act of August 9, 1955 ( 25 U.S.C. 415 ; commonly known as the Long-term Leasing Act ), an Indian tribe may lease land subject to a restriction imposed by the United States against alienation and taxation, or grant an easement or right-of-way thereon, for any period of time without review and approval by the Secretary. (d) Tribal preemption authority over restricted fee tribal lands The laws of a federally recognized Indian tribe establishing a system of land tenure governing the use of land it holds, subject to a restriction imposed by the United States against alienation and taxation, shall preempt any provision of Federal law or regulation governing the use of such lands. Such tribal law shall be given preemptive effect only upon having been first published in the Federal Register. The Secretary of the Interior shall cause such tribal law to be published in the Federal Register not later than 120 days after receiving a copy of the tribal law from the Indian tribe. (e) Trust responsibility not diminished Nothing in this section shall be construed to diminish the Federal trust responsibility to any Indian tribe. | https://www.govinfo.gov/content/pkg/BILLS-113hr2718ih/xml/BILLS-113hr2718ih.xml |
113-hr-2719 | I 113th CONGRESS 1st Session H. R. 2719 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Hudson (for himself, Mr. McCaul , Mr. Thompson of Mississippi , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To require the Transportation Security Administration to implement best practices and improve transparency with regard to technology acquisition programs, and for other purposes.
1. Short title This Act may be cited as the Transportation Security Acquisition Reform Act . 2. Findings Congress finds the following: (1) The Transportation Security Administration (in this Act referred to as TSA ) does not consistently implement Department of Homeland Security policies and Government best practices for acquisition and procurement. (2) TSA has not developed a multiyear technology acquisition plan. As a result, TSA has underutilized innovation opportunities within the private sector, including from small businesses. (3) Due in part to the deficiencies referred to in paragraphs (1) and (2), TSA has faced challenges in meeting key performance requirements for several major acquisitions and procurements, resulting in reduced security effectiveness and wasted expenditures. 3. Transportation security administration acquisition reform (a) In general Title XVI of the Homeland Security Act of 2002 (116 Stat. 2312) is amended to read as follows: XVI Transportation Security A General Provisions 1601. Definitions In this title: (1) Administration The term Administration means the Transportation Security Administration. (2) Administrator The term Administrator means the Administrator of the Transportation Security Administration. B Transportation Security Administration Acquisition Improvements 1611. Multiyear technology acquisition plan (a) In general The Administrator— (1) not later than 180 days after the date of enactment of the Transportation Security Acquisition Reform Act, shall develop and transmit to Congress a strategic multiyear technology acquisition plan, which may include a classified addendum to report sensitive transportation security risks, technology vulnerabilities, or other sensitive security information; and (2) to the extent possible, shall publish such plan in an unclassified format within the public domain. (b) Consultation The Administrator shall develop the multiyear acquisition plan in consultation with the Under Secretary for Management, the Chief Information Officer, and the Under Secretary for Science and Technology. (c) Contents of plan The multiyear acquisition plan shall include the following: (1) An analysis of transportation security risks and the associated technology gaps, including consideration of the most recent Quadrennial Homeland Security Review under section 707. (2) A set of transportation security-related technology acquisition needs that— (A) is prioritized based on risk and gaps identified under paragraph (1); and (B) includes technology acquisition roadmaps with defined objectives, goals, and measures. (3) An identification of test, evaluation, modeling, and simulation capabilities that will be required to support the acquisition of the security-related technologies to meet those needs. (4) An identification of opportunities for public-private partnerships, small and disadvantaged company participation, intragovernment collaboration, university centers of excellence, and national laboratory technology transfer. (5) An identification of the Administration’s acquisition workforce needs that will be required for the management of planned security-related technology acquisitions, including consideration of leveraging acquisition expertise of other Federal agencies. (d) Leveraging the private sector To the extent possible, and in a manner that is consistent with fair and equitable practices, the plan shall— (1) leverage emerging technology trends and research and development investment trends within the public and private sectors; and (2) incorporate feedback and input received from the private sector through requests for information, industry days, and other innovative means consistent with the Federal Acquisition Regulation. (e) Disclosure The Administrator shall include with the plan required under this section a list of any nongovernment persons that contributed to the writing of the plan. (f) Update Once every 2 years after the initial strategic plan is transmitted to Congress, the Administrator shall transmit to Congress an update of the plan. 1612. Acquisition justification and reports (a) Acquisition justification Before the Administration implements any security-related technology acquisition, the Administrator shall conduct a comprehensive analysis to determine whether the acquisition is justified. The analysis shall include, but may not be limited to, the following: (1) An identification of the type and level of risk to transportation security that would be addressed with the technology acquisition. (2) An assessment of how the proposed acquisition aligns to the multiyear plan developed under section 1611. (3) A comparison of the total expected lifecycle cost against the total expected quantitative and qualitative benefits to transportation security. (4) An analysis of alternative security solutions to determine if the proposed technology acquisition is the most effective and cost-efficient solution based on cost-benefit considerations. (5) A determination that the means of achieving such expected benefit to transportation security is consistent with fair information practice principles issued by the Privacy Officer of the Department. (b) Reports and certification to congress (1) In general Not later than the end of the 30-day period preceding the award by the Administration of a contract for any security-related technology acquisition exceeding $30,000,000, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of the comprehensive acquisition analysis required under this section and a certification by the Administrator that the security benefits justify the contract cost. (2) Extension due to imminent terrorist threat If there is a known or suspected imminent threat to transportation security, the Administrator may reduce the 30-day period under paragraph (1) to 5 days in order to rapidly respond. (3) Notice to Congress The Administrator shall provide immediate notice of such imminent threat to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. 1613. Acquisition baseline establishment and reports (a) Baseline requirements (1) In general Before the Administration implements any security-related technology acquisition, the Administrator shall establish and document a set of formal baseline requirements. (2) Contents The baseline requirements shall— (A) include the estimated costs (including lifecycle costs), schedule, and performance milestones for the planned duration of the acquisition; and (B) identify the acquisition risks and a plan for mitigating these risks. (3) Feasibility In establishing the performance milestones under paragraph (2), the Administrator shall, to the extent possible and in consultation with the Under Secretary for Science and Technology, ensure that achieving these milestones is technologically feasible. (4) Test and evaluation plan The Administrator, in consultation with the Under Secretary for Science and Technology, shall develop a plan for testing and evaluating the acquired technologies against the performance requirements established under paragraph (2). The test and evaluation plan shall describe the necessary and cost-effective combination of laboratory testing, field testing, modeling, simulation, and supporting analysis to ensure that the technologies meet the Administration’s mission needs. (5) Verification and validation The Administrator may utilize independent reviewers to verify and validate the performance milestones and cost estimates developed under paragraph (2). (b) Review of baseline requirements and deviation; report to Congress (1) Review (A) In general The Administrator shall review and assess each implemented acquisition to determine if the acquisition is meeting the baseline requirements established under subsection (a). (B) Test and evaluation assessment The review shall include an assessment of whether the planned testing and evaluation activities have been completed and the results of such testing and evaluation demonstrate that the performance milestones are technologically feasible. (2) Report (A) In general The Administrator shall report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate the results of any assessment that finds that— (i) the actual or planned costs exceed the baseline costs by more than 10 percent; (ii) the actual or planned schedule for delivery has been delayed by more than 180 days; or (iii) there is a failure to meet any performance milestone that directly impacts security effectiveness. (B) Cause The report shall include the cause for such excessive costs, delay, or failure, and a plan for corrective action. (C) Timeliness The report required under this section shall be provided to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate no later than 30 days after identifying such excessive costs, delay, or failure. 1614. Inventory utilization (a) In general Before the procurement of additional quantities of equipment to fulfill a mission need, the Administrator shall, to the extent practicable, utilize any existing units in the Administration’s inventory to meet that need. (b) Tracking of inventory The Administrator shall establish a process for tracking the location, utilization status, and quantity of security-related equipment in such inventory. (c) Logistics management (1) In general The Administrator shall establish logistics principles for managing inventory in an effective and efficient manner. (2) Limitation on just-in-time logistics The Administrator may not use just-in-time logistics if doing so would— (A) inhibit necessary planning for large-scale delivery of equipment to airports or other facilities; or (B) unduly diminish surge capacity for response to a terrorist threat. 1615. Small business contracting goals Not later than 90 days after the date of enactment of the Transportation Security Acquisition Reform Act , and annually, the Administrator shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes the following: (1) A restatement of the Administration’s published goals for contracting with small and disadvantaged businesses and the Administration’s performance record with respect to meeting those goals during the preceding fiscal year. (2) If such goals were not met, or the Administration's performance was below the published goals of the Department, an itemized list of challenges that contributed to the level of performance during the preceding fiscal year. (3) An action plan, with benchmarks, for addressing each of the challenges identified in paragraph (2). (4) The status of implementing such action plan that was developed in the preceding fiscal year in accordance with paragraph (3). 1616. Consistency with the Federal Acquisition Regulation and departmental policies and directives The Administrator shall execute responsibilities set forth in this subtitle in a manner consistent with, and not duplicative of, the Federal Acquisition Regulation and the Department’s acquisition policies and directives. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by striking the items relating to title XVI and inserting the following: Title XVI—Transportation Security Subtitle A—General Provisions Sec. 1601. Definitions. Subtitle B—Transportation Security Administration Acquisition Improvements Sec. 1611. Multiyear technology acquisition plan. Sec. 1612. Acquisition justification and reports. Sec. 1613. Acquisition baseline establishment and reports. Sec. 1614. Inventory utilization. Sec. 1615. Small business contracting goals. Sec. 1616. Consistency with the Federal Acquisition Regulation and departmental policies and directives. . (c) Prior amendments not affected This section shall not be construed to affect any amendment made by title XVI of such Act as in effect before the date of enactment of this Act. 4. Government Accountability Office report Not later than 1 year after the date of enactment of this Act and 3 years thereafter, the Comptroller General of the United States shall evaluate and report to Congress the Transportation Security Administration’s progress in implementing subtitle B of title XVI of the Homeland Security Act of 2002 (116 Stat. 2312), as amended by this Act (including provisions added to such subtitle after the date of enactment of this Act). 5. No additional authorization of appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. | https://www.govinfo.gov/content/pkg/BILLS-113hr2719ih/xml/BILLS-113hr2719ih.xml |
113-hr-2720 | I 113th CONGRESS 1st Session H. R. 2720 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Sam Johnson of Texas (for himself and Mr. Becerra ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide for the treatment of death information furnished to or maintained by the Social Security Administration, and for other purposes.
1. Short title This Act may be cited as the Alexis Agin Identity Theft Protection Act of 2013 . 2. Limitation on distribution of death information furnished to or maintained by the Social Security Administration (a) In general Section 205(r) of the Social Security Act ( 42 U.S.C. 405(r) ) is amended— (1) in paragraph (2), by inserting , and to ensure completeness, timeliness, and accuracy of, after transmitting ; (2) by striking paragraph (3) and inserting the following: (3) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding deceased individuals furnished to or maintained by the Commissioner, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, to any Federal or State agency providing or administering Federally funded benefits to individuals, other than benefits under this Act, through a cooperative arrangement with such agency designed to ensure proper payment of those benefits with respect to such individuals if— (A) under such arrangement the agency provides reimbursement to the Commissioner of Social Security for the reasonable costs of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1); and (B) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1). ; (3) in paragraph (4), by inserting or in benefit and pension plans for employees of the States or local governments after by the States ; (4) by striking paragraph (5) and inserting the following: (5) (A) The Commissioner of Social Security may use or provide for the use of information regarding deceased individuals furnished to or maintained by the Commissioner, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, provided the requirements of subparagraphs (A) and (B) of paragraph (3) are met and such information is provided— (i) to any Federal agency through a cooperative agreement with such agency for the purpose of law enforcement or tax administration; or (ii) for statistical and research activities conducted by Federal and State agencies. (B) A Federal or State agency may disclose death information obtained from the Commissioner to a contractor for the purposes of assisting with such law enforcement, tax administration, or statistical and research activities, provided that the agency ensures, at a minimum, that the contractor fulfills the requirements of clauses (ii) and (iv) of paragraph (7)(E). ; (5) by striking paragraph (7) and inserting the following: (7) (A) For purposes of this paragraph, death information shall consist of information regarding deceased individuals maintained by the Commissioner of Social Security, except for information furnished to or maintained by the Commissioner pursuant to paragraphs (1) or (2), and the death information to be provided shall consist only of the name, social security number, date of birth, and date of death of a deceased individual.” (B) The Commissioner may disclose death information under this paragraph to the Secretary of Defense provided that— (i) the Secretary uses the information provided solely for the purpose of assisting in the identification of unidentified remains, and (ii) the Secretary enforces requirements similar to those in clauses (i), (ii), (iv), (v), (vi), and (vii) with respect to any contractor the Secretary hires to assist in such identifications. (C) The Commissioner of Social Security may disclose death information, except for information furnished to or maintained by the Commissioner of Social Security pursuant to paragraphs (1) or (2), provided the requirements of this paragraph and the requirements of subparagraphs (A) and (B) of paragraph (3) are met. (D) The Commissioner may disclose— (i) to any entity, information maintained by the Commissioner concerning individuals whose date of death occurred at least 3 calendar years prior to the year that the entity requests such information pursuant to a written agreement; and (ii) to any entity certified by the Commissioner under subparagraph (E), information maintained by the Commissioner concerning individuals whose date of death does not satisfy the requirements of clause (i), pursuant to a written agreement between the Commissioner and the entity. (E) For purposes of this paragraph an entity is certified only if the Commissioner— (i) establishes procedures to certify and decertify entities eligible to obtain such information; (ii) includes in the agreement with such an entity provisions to require such entity to safeguard the information provided, assure that the information is used only for the purpose which was the basis for the certification, assure that the information is not disclosed by the entity to any other entity, and include contractual penalties, including monetary penalties and loss of certification, for the violation of any requirements imposed by the Commissioner as a condition of receiving the information; (iii) requires that the entity demonstrate that— (I) it has a legitimate business need for the information, which shall include a requirement that the information regarding a deceased individual will aid in preventing financial harm to the entity or to a customer or client of the entity or will aid in permitting the entity to fulfill an obligation to a beneficiary of an individual that is contingent upon the death of such individual; or (II) it has a legitimate interest in preventing fraud or unauthorized financial transactions; (iv) requires that the entity demonstrate that it has infrastructure and procedures in place to prevent wrongful access to or the disclosure of information provided by the Commissioner; (v) determines that the entity has adequate experience and expertise in maintaining the confidentiality and security of information; (vi) includes such other requirements and restrictions as the Commissioner deems appropriate to assure the confidentiality of the information; and (vii) requires that the entity permit periodic and unscheduled audits of the entity to assure compliance with the requirements established by the Commissioner. (F) The Commissioner shall establish application and other fees to be paid by entities seeking to be certified or to maintain certification under this paragraph so that the Commissioner is fully reimbursed for all costs associated with development of the certification process, evaluating applications, auditing compliance with the requirements established by the Commissioner, inspecting records and assuring compliance with contract requirements, and any other costs associated with assuring continuing eligibility for certification under this paragraph. (G) For purposes of this paragraph, the terms entity or entities includes individual and individuals respectively. (H) The Commissioner may delegate any of the activities under this paragraph to another agency and may perform any activity through a contractor, provided that the delegation or contract requires such agency or contractor to comply with all requirements of this section and of the implementing policies developed by the Commissioner. ; (6) by adding at the end the following new paragraph: (10) Information related to a deceased individual received by the Commissioner of Social Security other than as described in paragraph (1) shall be treated for purposes of paragraph (6) in the same manner as information received as described in paragraph (1). . (b) Report Not later than 1 year after the date of the enactment of this Act and each year thereafter through 2019, the Commissioner of Social Security shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing the entities certified by the Commissioner under section 205(r)(7) of the Social Security Act (42 U.S.C. 405(r)(7)) during the preceding year and their compliance with the requirements of subparagraph (E) of such section. (c) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this section take effect on the date that is 60 days after the date of the enactment of this Act. (2) Exception The amendment made by subsection (a)(6) shall take effect on January 1, 2014. (d) Sunset Subparagraphs (C) through (H) of section 205(r)(7) of the Social Security Act ( 42 U.S.C. 405(r)(7) ) (as amended by subsection (a)) shall cease to be effective on January 1, 2019, except that— (1) clauses (ii) and (iv) of subparagraph (E) of such section shall continue to apply for purposes of section 205(r)(5)(B) of such Act ( 42 U.S.C. 405(r)(5)(B) ) (as amended by subsection (a)). | https://www.govinfo.gov/content/pkg/BILLS-113hr2720ih/xml/BILLS-113hr2720ih.xml |
113-hr-2721 | I 113th CONGRESS 1st Session H. R. 2721 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. George Miller of California (for himself, Mr. Huffman , and Mr. Hinojosa ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide subsidized employment for unemployed, low-income adults, provide summer employment and year-round employment opportunities for low-income youth, and carry out work-related and educational strategies and activities of demonstrated effectiveness, and for other purposes.
1. Short title This Act may be cited as the Pathways Back to Work Act of 2013 . 2. Establishment of Pathways Back to Work Fund (a) Establishment There is established in the Treasury of the United States an account, which shall be known as the Pathways Back to Work Fund (referred to in this Act as the Fund ), consisting of the amounts as are paid to the Fund under subsection (b). (b) Payment into the Fund Out of any amounts in the general fund of the Treasury not otherwise appropriated, there is appropriated $12,500,000,000, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor through December 31, 2014, and shall be available for expenditure by recipients of grants and subgrants under this Act through September 30, 2015. 3. Availability of funds (a) In general Using the amounts available through the Fund under section 2(b), the Secretary of Labor shall, subject to subsection (b)— (1) allot $8,000,000,000 in accordance with section 4 to provide subsidized employment to unemployed, low-income adults; (2) allot $2,500,000,000 in accordance with section 5 to provide summer employment and year-round employment opportunities to low-income youth; and (3) use $2,000,000,000 in accordance with section 6 to award grants on a competitive basis to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income adults and low-income youth to provide the skills and assistance needed to obtain employment. (b) Reservation The Secretary of Labor may reserve not more than 1 percent of the amounts available through the Fund under each of paragraphs (1) through (3) of subsection (a) to pay for the costs of technical assistance, evaluations, and Federal administration of this Act. 4. Subsidized employment for unemployed, low-income adults (a) In general (1) Allotments From the funds available under section 3(a)(1), the Secretary of Labor shall make an allotment under subsection (b) to each State that has a State plan approved under subsection (c) and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) that meets the requirements of this section, for the purpose of providing subsidized employment opportunities to unemployed, low-income adults. (2) Guidance Not later than 30 days after the date of enactment of this Act, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State and local plans and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. (b) State allotments (1) Reservations for outlying areas and tribes Of the funds described in subsection (a)(1), the Secretary shall reserve— (A) not more than 1/4 of 1 percent to provide assistance to outlying areas to provide subsidized employment to unemployed, low-income adults; and (B) 1.5 percent to provide assistance to recipients under section 166(c) of the Workforce Investment Act of 1998 (relating to Native Americans; 29 U.S.C. 2911(c) ) to provide subsidized employment to unemployed, low-income adults. (2) States After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a)(1) among the States by allotting— (A) one-third on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (B) one-third on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (C) one-third on the basis of the relative number of disadvantaged adults and youth in each State, compared to the total number of disadvantaged adults and youth in all States. (3) Definitions For purposes of the formula described in paragraph (2)— (A) Area of substantial unemployment The term area of substantial unemployment means any contiguous area that has a population of at least 10,000, and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. (B) Disadvantaged adult or youth The term disadvantaged adult or youth means an individual who is age 16 or older (subject to section 132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(b)(1)(B)(v)(I))) who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Excess number The term excess number means, used with respect to unemployed individuals in a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (4) Reallotment If the Governor of a State does not submit a State plan by the date specified in subsection (c)(2)(B), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3). (c) State plan (1) In general For a State to be eligible to receive an allotment of funds under subsection (b), the Governor of the State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require. At a minimum, such plan shall include— (A) a description of the strategies and activities to be carried out by the State, in coordination with employers in the State, to provide subsidized employment opportunities to unemployed, low-income adults, including strategies relating to the level and duration of subsidies consistent with subsection (e)(2); (B) a description of the requirements the State will apply relating to the eligibility of unemployed, low-income adults, consistent with section 8, for subsidized employment opportunities, which requirements may include criteria to target assistance to particular categories of such adults, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (C) a description of how the funds allotted to provide subsidized employment opportunities will be administered in the State and (if administered by entities described in subsection (d)(1)(A)) in local areas, in accordance with subsection (d); (D) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b); (E) a description of the coordination of activities to be carried out with the funds provided under this section with activities under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (referred to in this Act as the TANF program ; 42 U.S.C. 601 et seq. ) and other appropriate Federal and State programs that may assist unemployed, low-income adults in obtaining and retaining employment; (F) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of unemployed, low-income adults expected to be placed in subsidized employment by calendar quarter; (G) assurances that the State will report such information as the Secretary of Labor may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (H) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a). (2) Submission and approval of State plan (A) Submission with other plans The State plan described in paragraph (1) may be submitted in conjunction with the State plan modification or other request for funds by the State required under section 5, and may be submitted as a modification to a State plan that has been approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ). (B) Submission and approval (i) Submission The Governor shall submit the State plan described in paragraph (1) to the Secretary of Labor not later than 75 days after the date of enactment of this Act and the Secretary of Labor shall make a determination regarding the approval or disapproval of such plan not later than 45 days after the submission of such plan. If the plan is disapproved, the Secretary of Labor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. (ii) Approval The Secretary of Labor shall approve a State plan that the Secretary determines is consistent with the requirements of this section and reasonably appropriate and adequate to carry out the objectives of this section. If the plan is approved, the Secretary shall allot funds to the State under subsection (b) within 30 days after such approval. (3) Modifications to State plan The Governor may submit a modification to a State plan under this subsection, consistent with the requirements of this section. (d) Administration within the State (1) Option The State may administer the funds for activities under this section through— (A) the State and local entities responsible for the administration of the formula program of workforce investment activities for adults under subtitle B of title I of the Workforce Investment Act of 1998; (B) the State agency or agencies responsible for the administration of the TANF program; or (C) a combination of the entities and agency or agencies described in subparagraphs (A) and (B). (2) Within-State allocations (A) Allocation of funds The Governor may reserve not more than 5 percent of the funds made available through the allotment under subsection (b)(2), for administration and technical assistance, and shall allocate the remainder, in accordance with the option elected under paragraph (1)— (i) among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and (C) of subsection (b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved, and not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section; or (ii) through entities responsible for the provision of services under the TANF program to local populations in such manner as the State agency or agencies responsible for the administration of the TANF program may determine to be appropriate. (B) Local plans (i) In general In a case in which the responsibility for the administration of the activities described in subsection (e) is to be carried out by the entities described in paragraph (1)(A), in order to receive an allocation under subparagraph (A)(i), a local workforce investment board, in partnership with the chief elected official of the local workforce investment area involved, shall submit to the Governor a local plan for the use of such funds under this section not later than 30 days after the submission of the State plan. Such local plan may be submitted as a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2828). (ii) Contents The local plan described in clause (i) shall contain the information described in subparagraphs (A) through (H) of subsection (c)(1), as applied to the local workforce investment area. (iii) Approval The Governor shall approve or disapprove the local plan submitted under clause (i) not later than a date (referred to in this clause as the final determination date ) that is the later of the 30th day after the submission of the local plan or the 30th day after the approval of the State plan. The Governor shall approve the local plan unless the Governor determines that the plan is inconsistent with the requirements of this section or is not reasonably appropriate and adequate to carry out the objectives of this section. If the Governor has not made a determination by the final determination date, the plan shall be considered to be approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. If the plan is approved, the Governor shall allocate funds to the local workforce investment area involved under subparagraph (A)(i) within 30 days after such approval. (C) Reallocation of funds to local workforce investment areas If a local workforce investment board and chief elected official do not submit a local plan by the date specified in subparagraph (B)(i), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under subparagraph (A)(i) shall be allocated to local workforce investment areas that receive approval of their local plans under subparagraph (B). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under subparagraph (A)(i) to such local workforce investment areas. (e) Use of funds (1) In general The funds made available under this section shall be used to provide subsidized employment for unemployed, low-income adults. The entities described in subsection (d)(1) may use a variety of strategies in recruiting employers and identifying appropriate employment opportunities, but shall give priority to providing employment opportunities likely to lead to unsubsidized employment in emerging or in-demand occupations in the area served through the grant involved. Funds made available under this section may be used to provide support services, such as transportation and child care, that are necessary to enable the participation of such adults in subsidized employment opportunities. (2) Level of subsidy and duration The entities described in subsection (d)(1) may determine the percentage of the wages and costs of employing a participant for which an employer may receive a subsidy with the funds made available under this section, and the duration of such subsidy, in accordance with guidance issued by the Secretary in coordination with the Secretary of Health and Human Services. The entities may establish criteria for determining such percentage or duration, using appropriate factors such as the size of the employer and types of employment. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Health and Human Services to ensure the effective implementation of this section. 5. Summer employment and year-round employment opportunities for low-income and disconnected youth (a) In general From the funds available under section 3(a)(2), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ) (referred to in this section as a State plan modification ) (or other State request for funds specified in guidance under subsection (b)) approved under subsection (d) and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) (referred to in this section as a Native American grantee ) that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth. (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 ) (referred to individually in this section as a local plan modification ), or for such other forms of requests for funds by local workforce investment areas as may be identified in such guidance, that promote the expeditious and effective implementation of the activities authorized under this section; and (B) the allotment and allocation of funds, including reallotment and reallocation of such funds that promote such implementation. (3) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) Reservations for outlying areas and tribes Of the funds described in subsection (a), the Secretary shall reserve— (A) not more than 1/4 of 1 percent to provide assistance to outlying areas to provide summer employment and year-round employment opportunities to low-income youth; and (B) 1.5 percent to provide assistance to Native American grantees to provide summer employment and year-round employment opportunities to low-income youth. (2) States After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a) among the States in accordance with the subparagraphs (A), (B), and (C) of section 4(b)(2). (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(B), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3). (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the States will apply relating to the eligibility of low-income youth, consistent with section 8, for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b); (D) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by calendar quarter; (E) assurances that the State will report such information as the Secretary may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a); and (G) for any employment opportunity that will provide participants with an industry-recognized credential, a description of the credential. (2) Submission and approval of State plan modification or request (A) Submission The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. The State plan modification or other State request for funds may be submitted in conjunction with the State plan required under section 4. (B) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within that 30-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and (C) of section 4(b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved. Not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a local plan modification, or such other request for funds by local workforce investment areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local workforce investment area within 30 days after such approval. (3) Reallocation If a local workforce investment board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local workforce investment areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 ), to low-income youth, giving priority to out-of-school youth who are— (i) high school dropouts; or (ii) recipients of a secondary school diploma or its recognized equivalent but who are basic skills deficient, unemployed, or underemployed. (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants with an industry-recognized credential. (3) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ), States and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 7(b)(5). 6. Work-related and educational strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 3(a)(3), the Secretary of Labor shall award grants on a competitive basis to eligible entities to carry out work-related and educational strategies and activities of demonstrated effectiveness. (b) Eligible entity To be eligible to receive a grant under ths section, an entity— (1) shall include— (A) a partnership involving a chief elected official, and the local workforce investment board for the local workforce investment area involved (which may include a partnership with elected officials and workforce investment boards in the region and in the State); or (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ); and (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; or (F) other appropriate organizations. (c) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income adults and low-income youth with skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income adults or low-income youth, consistent with section 8, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local workforce investment area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State, and local programs providing employment, education, and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the eligible entity will report such information as the Secretary may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a); and (10) for any activity leading to the acquisition of an industry-recognized credential, a description of the credential. (d) Priority in awards In awarding grants under this section, the Secretary of Labor shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census. (e) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income adults or low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and high-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled adults that are tied to employer workforce needs, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local workforce investment area. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 7. General requirements (a) Labor standards and protections Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 ) and the nondiscrimination provisions of section 188 of such Act ( 29 U.S.C. 2938 ), in addition to other applicable Federal laws. (b) Reporting The Secretary shall require the reporting of information relating to fiscal, performance, and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants or subgrants under this Act shall provide information relating to— (1) the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under this Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes for individuals participating in activities under this Act, including— (A) for adults participating in activities funded under section 4 performance on indicators consisting of— (i) entry into unsubsidized employment; (ii) retention in unsubsidized employment; and (iii) earnings in unsubsidized employment; (B) for low-income youth participating in summer employment activities under sections 5 and 6 performance on indicators consisting of— (i) work readiness skill attainment, using an employer-validated checklist; (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (C) for low-income youth participating in year-round employment activities under section 5 or in activities under section 6 performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (D) for unemployed, low-income adults participating in activities under section 6— (i) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (ii) attainment of an industry-recognized credential. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local workforce investment area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b) and the evaluations of activities carried out with the funds reserved under section 3(b). 8. Definitions In this Act: (1) Chief elected official The term chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case in which such an area includes more than one unit of general government, the individuals designated under an agreement described in section 117(c)(1)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832(c)(1)(B) ). (2) Industry-recognized credential The term industry-recognized credential means such a credential within the meaning of section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (3) Local workforce investment area The term local workforce investment area means such area designated under section 116 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2831 ). (4) Local workforce investment board The term local workforce investment board means such board established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ). (5) Low-income youth (A) In general The term low-income youth means an individual who is not younger than age 16 and not older than age 24 and is an individual described in subparagraph (B) or (C). (B) Eligible youth For purposes of this paragraph, an individual described in this subparagraph— (i) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that— (I) States and local workforce investment areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 5; and (II) eligible entities described in section 6(b), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 6; and (ii) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) ). (C) Youth eligible for school lunches For purposes of this paragraph, an individual described in this subparagraph receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (6) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (except during any period for which the Secretary of Labor determines that a Compact of Free Association is in effect and provides for Federal assistance for education or training). (7) Poverty line The term poverty line means a poverty line as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902), applicable to family of the size involved. (8) Unemployed, low-income adult The term unemployed, low-income adult means an individual who— (A) is age 18 or older; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that— (i) States and local entities described in section 4(d)(1)(A), subject to approval in the applicable State plans and local plans described in section 4, or a State agency or agencies described in section 4(d)(1)(B), subject to approval in the State plan described in section 4, may increase the income level specified in subparagraph (B)(i) of such section 101(25) to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 4; and (ii) eligible entities described in section 6(b), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 6. (9) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. | https://www.govinfo.gov/content/pkg/BILLS-113hr2721ih/xml/BILLS-113hr2721ih.xml |
113-hr-2722 | I 113th CONGRESS 1st Session H. R. 2722 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Ellison (for himself and Mr. Renacci ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Secretary of Labor from enforcing any requirement that consumer reporting agencies that serve only as a secure conduit to data from State unemployment compensation agencies obtain and maintain an individual’s informed consent agreement when verifying income and employment with such agencies, and for other purposes.
1. Short title This Act may be cited as the Ability to Repay Verification Enabling Act . 2. Findings Congress finds the following: (1) Economic growth requires access to affordable credit which depends on consumers’ ability to understand the terms of any loans they make and the ability of lenders to have an understanding of the consumers’ ability and willingness to repay loans. (2) New laws enacted by Congress require lenders to ascertain borrowers’ willingness and ability to repay prior to making a loan. (3) Lenders and consumers receive benefits such as quicker approval, lower interest rates, protection of privacy, and stronger anti-fraud protections from automatic underwriting utilizing existing databases. (4) Eleven States (Alabama, California, Florida, Georgia, Indiana, Louisiana, Missouri, New York, Ohio, Oregon, and Virginia) passed enabling legislation or rules enabling consumers who request that third parties using consumer report information for purposes of eligibility determination have efficient access to this information from the State’s unemployment insurance database. (5) Fair Credit Reporting Act requirements already require third parties using consumer report information for purposes of eligibility determination to obtain and maintain consent agreements. 3. Prohibition on requirement for onward transfer of consent agreements Notwithstanding any other provision of law, the Secretary of Labor may not— (1) take any action to implement or enforce the requirement described in the Unemployment Insurance Program Letter No. 19–12, dated May 23, 2012, that a third-party consumer reporting agency that serves only as a secure conduit to data from State unemployment compensation agencies and that is not an agent of an individual obtain and maintain an informed consent agreement from such individual if the third-party consumer reporting agency seeks to obtain confidential unemployment compensation information with respect to such individual from a State; or (2) issue, implement, administer, or enforce any rule or other guidance that is the same as, or similar in effect to, the requirement described in paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-113hr2722ih/xml/BILLS-113hr2722ih.xml |
113-hr-2723 | I 113th CONGRESS 1st Session H. R. 2723 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Engel (for himself, Mr. Faleomavaega , Mr. Sherman , Mr. Meeks , Mr. Sires , Mr. Connolly , Mr. Deutch , Mr. Higgins , Ms. Bass , Mr. Keating , Mr. Cicilline , Mr. Grayson , Mr. Vargas , Mr. Schneider , Mr. Kennedy , Mr. Bera of California , Mr. Lowenthal , Ms. Meng , Ms. Frankel of Florida , Ms. Gabbard , and Mr. Castro of Texas ) introduced the following bill; which was referred to the Committee on Foreign 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 enhance security for facilities and personnel at United States diplomatic and consular posts abroad, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Embassy Security and Enhancement Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Title I—Review and planning requirements Sec. 101. Designation of high risk, high threat posts and working groups. Sec. 102. Contingency plans for high risk, high threat posts. Sec. 103. Sense of Congress regarding strategic review of Bureau of Diplomatic Security. Title II—Physical security and personnel requirements Sec. 201. Capital Security Cost Sharing Program. Sec. 202. Local guard contracts abroad under diplomatic security program. Sec. 203. Transfer authority. Sec. 204. Physical security of certain soft targets. Sec. 205. Reemployment of annuitants. Sec. 206. Exemptions from certain protest procedures for non-compete contracting in exigent circumstances. Sec. 207. Sense of Congress on minimum security standards for temporary United States diplomatic and consular posts. Sec. 208. Sense of Congress on assignment of personnel at high risk, high threat posts. Title III—Security training Sec. 301. Security training for personnel assigned to high risk, high threat posts. Sec. 302. Report to Congress. Title IV—Death gratuity Sec. 401. Death gratuity. Sec. 402. Increased group life insurance and survivors’ educational benefits applicable to those killed in terrorist attacks. Sec. 403. Retroactive payment. Sec. 404. Authorization of appropriations. Sec. 405. Conforming amendment. 2. Findings Congress finds the following: (1) On September 11 and 12, 2012, terrorists attacked the United States Special Mission compound and Annex in Benghazi, Libya. (2) The attacks resulted in the deaths of Ambassador John Christopher Stevens, Sean Smith, Tyrone Woods, and Glen Doherty, in addition to severely wounding other United States personnel and Libyan guards. (3) The United States personnel in Benghazi performed bravely in protecting their colleagues despite the scale and intensity of the attacks. (4) An Accountability Review Board chaired ably by Ambassador Thomas R. Pickering and vice-chaired by Admiral Michael Mullen, former Chairman of the Joint Chiefs of Staff, was subsequently convened to examine security failures leading to the attacks. (5) The Board found, in particular, the following: (A) Systemic failures in leadership and management at the Department of State led to inadequate security and unclear lines of responsibility for security considerations in Benghazi. (B) Physical security at the site was inadequate and local Libyan responders failed to adequately respond to the sudden penetration of the mission. (C) There were no immediate, specific tactical warnings of an attack although officials were aware of intelligence gaps on militia activity in Libya and the threat such activity posed to United States interests. (6) The Board made 29 recommendations for the Department of State, including— (A) enhancing security in high risk, high threat posts and reviewing the balance between the risk and benefits of a particular post; (B) reexamining organization and management with a focus on security planning in the Bureau of Diplomatic Security; (C) establishing minimum security standards for temporary facilities, such as Benghazi, in high risk, high threat environments; and (D) improving training for personnel serving in high risk, high threat posts. (7) Former Secretary of State Hillary Clinton accepted all of the Board’s recommendations and directed that they be implemented. (8) United States public servants work in dangerous places around the world to advance United States interests and values, and it is not possible to conduct robust diplomatic and development efforts without inherent risk. (9) The dedicated men and women of the foreign and civil service are worthy of a serious and sustained commitment to enhancing security and better protecting them when they serve in hostile environments. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) High risk, high threat post The term high risk, high threat post means a United States diplomatic or consular post, as determined by the Secretary of State, that, among other factors, is— (A) located in a country— (i) with high to critical levels of political violence and terrorism; and (ii) the government of which lacks the capacity or willingness to provide adequate security; and (B) with mission physical security platforms that fall below the Department of State’s established standards. (3) Secretary The term Secretary means the Secretary of State. I Review and planning requirements 101. Designation of high risk, high threat posts and working groups (a) In general Title I of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4801 et seq.; relating to diplomatic security) is amended by inserting after section 103 the following new sections: 104. Designation of high risk, high threat posts (a) Initial designation Not later than 30 days after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees a report, in classified form, that contains an initial list of diplomatic and consular posts designated as high risk, high threat posts. (b) Designations before opening or reopening posts Before opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post. (c) Designating existing posts The Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation. (d) Definitions In this section and section 105: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) High risk, high threat post The term high risk, high threat post means a United States diplomatic or consular post, as determined by the Secretary, that, among other factors, is— (A) located in a country— (i) with high to critical levels of political violence and terrorism; and (ii) the government of which lacks the ability or willingness to provide adequate security; and (B) with mission physical security platforms that fall below the Department of State’s established standards. 105. Working groups for high risk, high threat posts (a) Establishment Before opening or reopening a high risk, high threat post, the Secretary shall establish a working group that is responsible for the geographic area in which such post is to be opened or reopened. (b) Duties The duties of the working group established in accordance with subsection (a) shall include— (1) evaluating the importance of the objectives of the proposed post to the national security of the United States, and the type and level of security threats such post could encounter; (2) completing working plans to expedite the approval and funding for establishing and operating such post, implementing physical security measures, providing necessary security and management personnel, and the provision of necessary equipment; and (3) establishing security benchmarks that would determine specific action, including enhanced security measures or evacuation of such post, based on the improvement or deterioration of the local security environment. (c) Composition The working group may be composed of representatives of the— (1) appropriate regional bureau; (2) Bureau of Diplomatic Security; (3) Bureau of Overseas Building Operations; (4) Bureau of Intelligence and Research; and (5) other bureaus or offices as determined by the Secretary. (d) Congressional notification Not less than 15 days before opening or reopening a high risk, high threat post, the Secretary shall notify the appropriate congressional committees in classified form of— (1) the decision to open or reopen such post; and (2) the results of the working group under subsection (b). . (b) Conforming amendment The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 103 the following new items: Sec. 104. Designation of high risk, high threat posts. Sec. 105. Working groups for high risk, high threat posts. . 102. Contingency plans for high risk, high threat posts Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ; relating to diplomatic security) is amended— (1) in paragraph (1)(A)— (A) by inserting and from complex attacks after attacks from vehicles ; and (B) by inserting or such a complex attack before the period at the end; (2) in paragraph (7), by inserting before the period at the end the following: , including at high risk, high threat posts (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986), including options for the deployment of additional military personnel or equipment to bolster security and rapid deployment of armed or surveillance assets in response to an attack . 103. Sense of Congress regarding strategic review of Bureau of Diplomatic Security (a) In general It is the sense of Congress that the Secretary of State should complete a strategic review of the Bureau of Diplomatic Security of the Department of State to ensure that the mission and activities of the Bureau are fulfilling the current and projected needs of the Department of State. (b) Contents of review The strategic review described in subsection (a) should include assessments of— (1) staffing needs for both domestic and international operations; (2) facilities under chief of mission authority adhering to security standards; (3) security personnel with the necessary language skills for assignment to overseas posts; (4) programs being carried out by personnel with the necessary experience and at commensurate grade levels; (5) necessary security training provided to personnel under chief of mission authority for expected assignments and objectives; (6) balancing security needs with an ability to carry out the diplomatic mission of the Department of State; and (7) the budgetary implications of balancing multiple missions. II Physical security and personnel requirements 201. Capital Security Cost Sharing Program (a) Authorization of appropriations There is authorized to be appropriated for fiscal year 2014 for the Department of State $1,383,000,000, to be available until expended, for the Capital Security Cost Sharing Program, authorized by section 604(e) of Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 ; 113 Stat. 1501A–453; 22 U.S.C. 4865 note). (b) Sense of Congress on the Capital Security Cost Sharing Program It is the sense of Congress that the Capital Security Cost Sharing Program should prioritize the construction of new facilities and the maintenance of existing facilities at high risk, high threat posts. (c) Restriction on construction of office space Section 604(e)(2) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 ; 113 Stat. 1501A–453; 22 U.S.C. 4865 note) is amended by adding at the end the following new sentence: A project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal department or agency if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by paragraph (1), except that such project may include office space or other accommodations for members of the United States Marine Corps. . 202. Local guard contracts abroad under diplomatic security program (a) In general Section 136(c)(3) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864(c)(3) ) is amended to read as follows: (3) in evaluating proposals for such contracts, award contracts to technically acceptable firms offering the lowest evaluated price, except that— (A) the Secretary may award contracts on the basis of best value (as determined by a cost-technical tradeoff analysis); and (B) proposals received from United States persons and qualified United States joint venture persons shall be evaluated by reducing the bid price by 10 percent; . (b) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) an explanation of the implementation of paragraph (3) of section 136(c) of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, as amended by subsection (a); and (2) for each instance in which an award is made pursuant to subparagraph (A) of such paragraph, as so amended, a written justification and approval, providing the basis for such award and an explanation of the inability to satisfy the needs of the Department of State by technically acceptable, lowest price evaluation award. 203. Transfer authority Section 4 of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 295 ) is amended by adding at the end the following new subsections: (j) In addition to exercising any other transfer authority available to the Secretary of State, and subject to subsection (k), the Secretary may transfer to, and merge with, any appropriation for embassy security, construction, and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after October 1, 2013, as the Secretary determines necessary to provide for the security of sites and buildings in foreign countries under the jurisdiction and control of the Secretary. (k) Not later than 15 days before any transfer of funds pursuant to subsection (j), the Secretary of State shall notify the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives of such transfer. . 204. Physical security of certain soft targets Section 29 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2701 ) is amended, in the third sentence, by inserting physical security enhancements and after may include . 205. Reemployment of annuitants Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) ) is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking to facilitate the and all that follows through Afghanistan, ; and (B) by aligning the margins of subparagraph (C) with the margins of subparagraph (B); (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). 206. Exemptions from certain protest procedures for non-compete contracting in exigent circumstances A determination by the Department of State to use a procurement competition exemption under section 3304 of title 41, United States Code, in order to meet emergency security requirements shall not be subject to challenge by protest under either sections 3551 through 3557 of title 31, United States Code, or section 1491 of title 28, United States Code. 207. Sense of Congress on minimum security standards for temporary United States diplomatic and consular posts It is the sense of Congress that— (1) the Overseas Security Policy Board’s security standards for facilities should apply to all facilities regardless of the duration of their occupancy; and (2) such facilities should comply with requirements for attaining a waiver or exception to applicable standards if it is in the national interest of the United States. 208. Sense of Congress on assignment of personnel at high risk, high threat posts It is the sense of Congress that the Secretary of State should station key personnel for sustained periods of time at high risk, high threat posts in order to— (1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment; and (2) ensure that necessary security steps are implemented. III Security training 301. Security training for personnel assigned to high risk, high threat posts (a) In general Title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4851 et seq.; relating to diplomatic security) is amended by adding at the end the following new sections: 416. Security training for personnel assigned to a high risk, high threat post (a) In general Individuals assigned permanently to or who are in long-term temporary duty status as designated by the Secretary at a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to prepare such individuals for living and working at such posts. (b) Security training described Security training referred to in subsection (a)— (1) is training to improve basic knowledge and skills; and (2) may include— (A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack; (B) conducting surveillance detection; (C) providing emergency medical care; (D) awareness of improvised explosive devices; (E) firearms familiarization; and (F) defensive driving maneuvers. (c) Effective date The requirements of this section shall take effect beginning on the date that is one year after the date of the enactment of this section. (d) Definition In this section and sections 417 and 418, the term high risk, high threat post has the meaning given such term in section 104. (e) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. 417. Security management training for officials assigned to a high risk, high threat post (a) In general Officials described in subsection (c) who are assigned to a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to improve the ability of such officials to make security-related management decisions. (b) Security training described Security training referred to in subsection (a) may include— (1) development of skills to better evaluate threats; (2) effective use of security resources to mitigate such threats; and (3) improved familiarity of available security resources. (c) Officials described Officials referred to in subsection (a) are— (1) members of the Senior Foreign Service appointed under section 302(a)(1) or 303 of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(1) and 3943) or members of the Senior Executive Service (as such term is described in section 3132(a)(2) of title 5, United States Code); (2) Foreign Service officers appointed under section 302(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(1) ) holding a position in classes FS–1, FS–2, or FS–3; and (3) individuals holding a position in grades GS–13, GS–14, or GS–15. (d) Effective date The requirements of this section shall take effect beginning on the date that is 1 year after the date of the enactment of this section. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary. 418. Language requirements for diplomatic security personnel assigned to high risk, high threat post (a) In general Diplomatic security personnel assigned permanently to or who are in long-term temporary duty status as designated by the Secretary at a high risk, high threat post should receive language training described in subsection (b) in order to prepare such personnel for duty requirements at such post. (b) Language training described Language training referred to in subsection (a) should prepare personnel described in such subsection to— (1) speak the language at issue with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations; and (2) read within a normal range of speed and with almost complete comprehension. (c) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary. . (b) Conforming amendment The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 415 the following new items: Sec. 416. Security training for personnel assigned to a high risk, high threat post. Sec. 417. Security management training for officials assigned to a high risk, high threat post. Sec. 418. Language requirements for diplomatic security personnel assigned to high risk, high threat post. . 302. Report to Congress Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the implementation of this title. IV Death gratuity 401. Death gratuity Section 413 of the Foreign Service Act of 1980 ( 22 U.S.C. 3973 ) is amended— (1) in subsection (a), by striking at the time of death and inserting at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the time of death, except that for employees compensated under local compensation plans established under section 408, the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death ; (2) in subsection (b), by adding at the end the following: The Secretary may waive the requirement that the survivor be entitled to elect monthly compensation under section 8133 of title 5, United States Code, if the survivor would otherwise be entitled to payment under this section and the Secretary determines such waiver is appropriate under the circumstances. ; (3) by amending subsection (c) to read as follows: (c) Order of payment A death gratuity payment under this section shall be made as follows: (1) First, to the widow or widower. (2) Second, to the familial designee, if there is no widow or widower. (3) Third, to the child, or children in equal shares, if there is no widow, widower, or familial designee. (4) Fourth, to the parent, or parents in equal shares, if there is no widow, widower, familial designee, or child. If there is no survivor entitled to payment under this subsection, no payment shall be made. ; (4) in subsection (d)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period and inserting ; and ; and (C) adding at the end the following: (3) the term familial designee means the eligible family member whom the decedent has designated as the recipient of this benefit under regulations of the Department of State ; (5) by redesignating subsections (b), (c), and (d) as subsections (d), (e), and (f); and (6) by inserting after subsection (a) the following new subsections: (b) Payment to survivors of employees of agencies The head of an executive agency shall, with the concurrence of the Secretary of State, make a death gratuity payment authorized by this section to the survivors, as set forth in subsection (e), of any employee of that agency who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission under section 207. (c) Payment to survivors of interns The Secretary may make a death gratuity payment of up to $500,000 to the survivors, as set forth in subsection (e), of an intern serving at a United States diplomatic or consular mission abroad without a regular salary who dies as a result of injuries sustained because of an act of terrorism occurring while on duty abroad, and who is not otherwise compensated under this section. . 402. Increased group life insurance and survivors’ educational benefits applicable to those killed in terrorist attacks (a) In general Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end the following new sections: 415. Group life insurance supplement for those killed in terrorist attacks (a) Foreign Service employees Notwithstanding the amounts specified in chapter 87 of title 5, United States Code, a Foreign Service employee who dies while on duty abroad as a result of injuries sustained because of an act of terrorism occurring while on duty abroad shall be eligible, at the Secretary’s discretion, for an additional payment from the United States in an amount equal to the difference between that employee’s employer-provided group life insurance policy coverage (if any) and $400,000, except that for employees compensated under local compensation plans established under section 408, the amount shall be determined by regulations implemented by the Secretary and shall be no greater than $400,000. This payment shall be made to the beneficiary designated under the employee’s employer-provided group life insurance policy. If no beneficiary is named, the payment shall be made according to the order of precedence specified by the Office of Personnel Management under section 870.801 of title 5, Code of Federal Regulations (or successor regulation). (b) Employees of other agencies The head of an executive agency shall, with the concurrence of the Secretary of State, provide the additional payment authorized by this section, consistent with the provisions set forth in section (a), with respect to any employee of that agency who dies as a result of injuries sustained because of an act of terrorism occurring while on duty abroad and while subject to the authority of a chief of mission under section 207. (c) Terrorism defined In this section and section 416, the term terrorism has the meaning given that term in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)). 416. Educational assistance for survivors and dependents (a) Survivors of Foreign Service employees The Secretary shall provide educational assistance to a widow, widower, familial designee, or child(ren) of any United States national Foreign Service employee who dies while on duty abroad as a result of injuries sustained because of an act of terrorism occurring while on duty abroad, to meet, in whole or in part, the expenses incurred by that widow, widower, familial designee, or child(ren) in pursuing a program of education at an educational institution, including subsistence, tuition, fees, supplies, books, equipment, and other educational costs. (b) Survivors of employees of other agencies The head of an executive agency shall, with the concurrence of the Secretary of State, provide educational assistance authorized by this section to a widow, widower, familial designee, or child(ren) of any employee of that agency who dies as a result of injuries sustained because of an act of terrorism occurring while on duty abroad and while subject to the authority of a chief of mission under section 207. (c) Limitation on amount of assistance Educational assistance under this section may be made available up to the amounts provided for in section 3532 of title 38, United States Code, as adjusted by section 3564 of title 38, United States Code, and for an aggregate period of not more than 45 months. (d) Definitions For purposes of this section, the terms program of education and educational institution have the meanings given those terms in section 3501 of title 38, United States Code. . (b) Clerical amendment The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 414 the following new items: Section 415. Group life insurance supplement for those killed in terrorist attacks. Section 416. Educational assistance for survivors and dependents. . 403. Retroactive payment At the discretion of the Secretary of State, and notwithstanding any other provision of law, sections 413, 415, and 416 of the Foreign Service Act of 1980 may apply in the case of a Foreign Service employee, executive branch employee subject to the authority of the chief of mission under section 207 of the Foreign Service Act of 1980, or intern serving at a United States diplomatic or consular mission abroad without a regular salary, who died on or after April 18, 1983, and before the date of the enactment of this Act, as a result of injuries sustained because of an act of terrorism, as defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 ( 22 U.S.C. 2656f(d) ). Any retroactive payments made under this section shall be reduced by the amount of any death gratuity or employer-provided group life insurance payment previously provided by the United States to any widow, widower, familial designee, child(ren), or other beneficiary based on the same death. 404. Authorization of appropriations (a) Funding from agency accounts Any benefit or payment made available under this Act by an agency of the United States shall be paid from available funds of that agency. (b) Department of State funds (1) Amounts made available to the Department of State pursuant to the sixth proviso under the heading Department of State–Administration of Foreign Affairs–Diplomatic and Consular Programs in title I of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110–161 ) are authorized to be used by the Department of State to pay benefits or payments made available under this Act. (2) To pay benefits or payments made available under this Act, the Secretary of State may merge with the funds described in paragraph (1) unobligated balances of funds appropriated under the heading Department of State–Administration of Foreign Affairs–Diplomatic and Consular Programs in an appropriations Act for fiscal year 2013 or for any fiscal year hereafter, until not later than the end of the fifth fiscal year after the fiscal year for which such funds were first appropriated or otherwise made available. 405. Conforming amendment The table of contents of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 414 the following new items: Sec. 415. Group life insurance supplement for those killed in terrorist attacks. Sec. 416. Educational assistance for survivors and dependents. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2723ih/xml/BILLS-113hr2723ih.xml |
113-hr-2724 | I 113th CONGRESS 1st Session H. R. 2724 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Griffin of Arkansas (for himself, Mr. Womack , Mr. Crawford , and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To exclude from gross income compensation provided for victims of the March 29, 2013, pipeline oil spill in Mayflower, Arkansas.
1. Short title This Act may be cited as the Mayflower Oil Spill Tax Relief Act of 2013 . 2. Mayflower, Arkansas oil spill compensation excluded from gross income For purposes of the Internal Revenue Code of 1986— (1) the March 29, 2013, pipeline rupture and oil spill in Mayflower, Arkansas, shall be treated as a qualified disaster under section 139(c) of such Code, and (2) any compensation provided to or for the benefit of a victim of such disaster shall be treated as a qualified disaster relief payment under section 139(b) of such Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr2724ih/xml/BILLS-113hr2724ih.xml |
113-hr-2725 | I 113th CONGRESS 1st Session H. R. 2725 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Lance (for himself, Ms. Eshoo , Ms. Matsui , Mr. Rogers of Michigan , Mr. Cárdenas , Mr. Waxman , Mr. Valadao , Mr. Barton , Mr. Farr , Mr. Bilirakis , Mr. Peters of California , and Mr. Burgess ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt from sequestration certain user fees of the Food and Drug Administration.
1. Short title This Act may be cited as the Food and Drug Administration Safety Over Sequestration Act of 2013 . 2. Exempting from sequestration certain user fees of Food and Drug Administration The Balanced Budget and Emergency Deficit Control Act of 1985 is amended— (1) in section 255(g)(1)(A) ( 2 U.S.C. 905(g)(1)(A) ), by inserting after Financial Agent Services the following new item: Food and Drug Administration, Salaries and Expenses, but only the portion of appropriations under such account corresponding to fees collected under sections 736, 738, 740, 741, 744B, and 744H of the Federal Food, Drug, and Cosmetic Act (75–9911–0–1–554) ; and (2) in section 256(h) ( 2 U.S.C. 906(h) ), by adding at the end the following new paragraph: (5) This subsection shall not apply with respect to the portion of administrative expenses incurred by the Food and Drug Administration that are funded through fees collected under sections 736, 738, 740, 741, 744B, and 744H of the Federal Food, Drug, and Cosmetic Act. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2725ih/xml/BILLS-113hr2725ih.xml |
113-hr-2726 | I 113th CONGRESS 1st Session H. R. 2726 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into contracts and agreements for the transfer of veterans to non-Department medical foster homes for certain veterans who are unable to live independently.
1. Short title This Act may be cited as the Long-Term Care Veterans Choice Act . 2. Secretary of Veterans Affairs contract authority for transfer of veterans non-Department medical foster homes Section 1720 of title 38, United States Code, is amended by adding at the end the following new subsection: (h) (1) At the request of a veteran for whom the Secretary is required to provide nursing home care under section 1710A of this title, the Secretary may transfer the veteran to a medical foster home that meets Department standards, at the expense of the United States, pursuant to a contract or agreement entered into between the Secretary and the medical foster home for such purpose. A veteran who is transferred to a medical foster home under this subsection shall agree, as a condition of such transfer, to accept home health services furnished by the Secretary under section 1717 of this title. (2) For purposes of this subsection, the term medical foster home means a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2726ih/xml/BILLS-113hr2726ih.xml |
113-hr-2727 | I 113th CONGRESS 1st Session H. R. 2727 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. McKinley (for himself, Mrs. Lummis , Mr. Gene Green of Texas , and Mr. Lowenthal ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Land and Water Conservation Fund Act of 1965 to provide that not less than 40 percent of amounts available from the fund under that Act shall be available for the Land and Water Conservation Fund State Assistance Program.
1. Allocation of funds for the Land and Water Conservation Fund State Assistance Program Section 5 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–7 ) is amended by inserting and not less than 40 per centum of such appropriations shall be available for the Land and Water Conservation Fund State Assistance Program after Not less than 40 per centum of such appropriations shall be available for Federal purposes . | https://www.govinfo.gov/content/pkg/BILLS-113hr2727ih/xml/BILLS-113hr2727ih.xml |
113-hr-2728 | I 113th CONGRESS 1st Session H. R. 2728 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Flores (for himself, Mr. Cuellar , Mr. Hastings of Washington , Mr. Lamborn , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To recognize States’ authority to regulate oil and gas operations and promote American energy security, development, and job creation.
1. Short title This Act may be cited as the Protecting States’ Rights to Promote American Energy Security Act . 2. State authority for hydraulic fracturing regulation The Mineral Leasing Act (30 U.S.C. 181 et seq.) is amended by redesignating section 44 as section 45, and by inserting after section 43 the following: 44. State authority for hydraulic fracturing regulation (a) In general The Department of the Interior shall not enforce any Federal regulation, guidance, or permit requirement regarding hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on or under any land in any State that has regulations, guidance, or permit requirements for that activity. (b) State authority The Department of the Interior shall recognize and defer to State regulations, permitting, and guidance, for all activities related to hydraulic fracturing, or any component of that process, relating to oil, gas, or geothermal production activities on Federal land regardless of whether those rules are duplicative, more or less restrictive, shall have different requirements, or do not meet Federal guidelines. (c) Hydraulic fracturing defined In this section the term hydraulic fracturing means the process by which fracturing fluids (or a fracturing fluid system) are pumped into an underground geologic formation at a calculated, predetermined rate and pressure to generate fractures or cracks in the target formation and thereby increase the permeability of the rock near the wellbore and improve production of natural gas or oil. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2728ih/xml/BILLS-113hr2728ih.xml |
113-hr-2729 | I 113th CONGRESS 1st Session H. R. 2729 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Aderholt (for himself, Mr. Farr , Mr. Reichert , and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 title IV of the Social Security Act to provide for information comparisons for USDA Housing Assistance programs, and for other purposes.
1. Short title This Act may be cited as the Housing Assistance Eligibility Verification Act of 2013 . 2. Information comparisons for USDA Housing Assistance Programs (a) In general Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) ) is amended by adding at the end the following new paragraph: (12) Information comparisons for USDA Housing Assistance Programs (A) Furnishing of information by Secretary of Agriculture Subject to the provisions of this paragraph, the Secretary of Agriculture shall furnish to the Secretary, on such periodic basis as determined by the Secretary of Agriculture in consultation with the Secretary, information in the custody of the Secretary of Agriculture for comparison with information in the National Directory of New Hires, in order to obtain information in such Directory with respect to individuals (including tenants) who are applying for or participating in any housing program under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ), including the single family and multifamily housing programs. (B) Requirement to seek minimum information The Secretary of Agriculture shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). (C) Duties of the Secretary (i) Information disclosure The Secretary, in consultation with the Secretary of Agriculture, shall compare information in the National Directory of New Hires with information provided by the Secretary of Agriculture with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Secretary of Agriculture, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by Secretary of Agriculture The Secretary of Agriculture may use information resulting from a data match pursuant to this paragraph only— (i) for the purposes specified in subparagraph (B); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (B). (E) Disclosure of information by Secretary of Agriculture (i) Purpose of disclosure The Secretary of Agriculture may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). (ii) Disclosures permitted Subject to clause (iii), the Secretary of Agriculture may disclose information resulting from a data match pursuant to this paragraph only to the owner of a property, the Inspector General of the Department of Agriculture, and the Attorney General in connection with the enforcement of employment and income requirements for the programs described in subparagraph (A). Information obtained by the Secretary of Agriculture pursuant to this paragraph shall not be made available under section 552(b)(3) of title 5, United States Code. (iii) Conditions on disclosure Disclosures under this paragraph shall be— (I) made in accordance with data security and control policies established by the Secretary of Agriculture and approved by the Secretary; (II) subject to audit in a manner satisfactory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). (iv) Additional disclosures (I) Determination by secretaries The Secretary of Agriculture and the Secretary shall determine whether to permit disclosure of information under this paragraph to persons or entities described in subclause (II), based on an evaluation made by the Secretary of Agriculture (in consultation with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safeguard the security and confidentiality of information so disclosed. (II) Permitted persons or entities If the Secretary of Agriculture and the Secretary determine pursuant to subclause (I) that disclosures to additional persons or entities shall be permitted, information under this paragraph may be disclosed by the Secretary of Agriculture to a private owner of a property and a management agent, in connection with the administration of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. (v) Restrictions on redisclosure A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretaries. (F) Reimbursement of HHS costs The Secretary of Agriculture shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (G) Consent The Secretary of Agriculture shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual). . (b) Amendment to the Internal Revenue Code Section 6103(l)(7)(D) of the Internal Revenue Code of 1986 ( 26 U.S.C. 6103(l)(7)(D) ) is amended— (1) in clause (viii), by striking the and at the end; (2) in clause (ix), by striking the period at the end and inserting , and ; and (3) by inserting after clause (ix) the following new clause: (x) any housing program under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2729ih/xml/BILLS-113hr2729ih.xml |
113-hr-2730 | I 113th CONGRESS 1st Session H. R. 2730 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Cartwright (for himself, Mrs. Napolitano , Mr. Braley of Iowa , Mr. Sires , Mr. Lewis , Mr. Fattah , and Mr. Scott of Virginia ) 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 minimum levels of financial responsibility for the transportation of property, and for other purposes.
1. Short title This Act may be cited as the Safe And Fair Environment on Highways Achieved through Underwriting Levels Act of 2013 or the SAFE HAUL Act of 2013 . 2. Minimum financial responsibility for transporting property (a) In general Section 31139(b)(2) of title 49, United States Code, is amended by striking $750,000. and inserting $4,422,000 and the Secretary, in consultation with the Bureau of Labor Statistics, shall adjust such amount annually for inflation relating to medical care. . (b) Effective date The amendment made by this section shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2730ih/xml/BILLS-113hr2730ih.xml |
113-hr-2731 | I 113th CONGRESS 1st Session H. R. 2731 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mrs. Blackburn (for herself, Mr. Cooper , Mr. Cohen , Mr. Roe of Tennessee , Mr. Fleischmann , Mr. Coble , Mr. Guthrie , Mr. Gohmert , Mr. Deutch , and Mr. Fincher ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the rule providing 5-year amortization of expenses incurred in creating or acquiring music or music copyrights.
1. Short title This Act may be cited as the Songwriters Tax Simplification Reauthorization Act . 2. Special rule for amortization of musical works and copyrights made permanent (a) In general Paragraph (8) of section 167(g) of the Internal Revenue Code of 1986 is amended by striking subparagraph (E). (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2010. | https://www.govinfo.gov/content/pkg/BILLS-113hr2731ih/xml/BILLS-113hr2731ih.xml |
113-hr-2732 | I 113th CONGRESS 1st Session H. R. 2732 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Burgess introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for a waiver of minimum required distribution rules applicable to pension plans for 2013 and 2014.
1. Waiver of pension plan minimum required distribution rules for 2013 and 2014 (a) In general Clause (i) of section 401(a)(9)(H) of the Internal Revenue Code of 1986 (relating to general rule for temporary waiver of minimum required distribution) is amended by striking calendar year 2009 and inserting calendar years 2009, 2013, and 2014 . (b) Conforming amendments (1) Clause (ii) of section 401(a)(9)(H) of such Code is amended— (A) in subclause (I) by striking calendar years after 2009 and inserting calendar year after 2009 and before 2013 and calendar years after 2014 , and (B) in subclause (II) by striking calendar year 2009 and inserting calendar years 2009, 2013, and 2014 . (2) Paragraph (4) of section 402(c) of such Code is amended— (A) by inserting , 2013, or 2014 after 2009 the first place it appears, and (B) by striking 2009 the second place it appears and inserting 2009, 2013, or 2014, as the case may be . (c) Effective date (1) In general The amendments made by this section shall apply to calendar years beginning after December 31, 2012. (2) Provisions relating to plan or contract amendments (A) In general If this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii) solely because the plan operates in accordance with this section. (B) Amendments to which paragraph applies (i) In general This paragraph shall apply to any amendment to any pension plan or annuity contract which— (I) is made pursuant to the amendments made by this section, and (II) is made on or before the last day of the first plan year beginning on or after January 1, 2015. In the case of a governmental plan, subclause (II) shall be applied by substituting 2016 for 2015 . (ii) Conditions This paragraph shall not apply to any amendment unless during the period beginning on the effective date of the amendment and ending on December 31, 2014, the plan or contract is operated as if such plan or contract amendment were in effect. | https://www.govinfo.gov/content/pkg/BILLS-113hr2732ih/xml/BILLS-113hr2732ih.xml |
113-hr-2733 | I 113th CONGRESS 1st Session H. R. 2733 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Campbell introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit Fannie Mae and Freddie Mac from purchasing, the FHA from insuring, and the Department of Agriculture from guaranteeing, making, or insuring, a mortgage that is secured by a residence or residential structure located in a county in which the State has used the power of eminent domain to take a residential mortgage.
1. Short title This Act may be cited as the Defending American Taxpayers From Abusive Government Takings Act of 2013 . 2. Prohibition relating to use of power of eminent domain (a) Fannie Mae Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: (7) (A) Notwithstanding any other provision of law, the corporation may not purchase any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan that the State (or the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. (B) For purposes of this paragraph, the term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage loan or any subordinate mortgage loan. . (b) Freddie Mac Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) (A) Notwithstanding any other provision of law, the Corporation may not purchase any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan that the State (or the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. (B) For purposes of this paragraph, the term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. . (c) FHA Title V of the National Housing Act (12 U.S.C. 1731a et seq.) is amended by adding at the end the following new section: 543. Prohibition relating to use of power of eminent domain (a) In general Notwithstanding any other provision of law, the Secretary may not newly insure under this Act any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured to a residential mortgage loan that the State (or the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. (b) Definition For purposes of this section, the term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. . (d) Department of Agriculture Section 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ) is amended by adding at the end the following new subsection: (k) Prohibition relating to use of power of eminent domain (1) In general Notwithstanding any other provision of law, the Secretary may not newly guarantee, make, or insure under this title any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured to a residential mortgage loan that the State (as such term is defined in section 502(h)(12)), including any agency or political subdivision thereof, obtained during the preceding 120 months by exercise of the power of eminent domain. (2) Definition For purposes of this subsection, the term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2733ih/xml/BILLS-113hr2733ih.xml |
113-hr-2734 | I 113th CONGRESS 1st Session H. R. 2734 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Cassidy (for himself and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To revise and extend provisions under the Garrett Lee Smith Memorial Act.
1. Short title This Act may be cited as the Garrett Lee Smith Memorial Act Reauthorization of 2013 . 2. Suicide prevention technical assistance center Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 ) is amended to read as follows: 520C. Suicide prevention technical assistance center (a) Program authorized The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award a grant for the operation and maintenance of a research, training, and technical assistance resource center to provide appropriate information, training, and technical assistance to States, political subdivisions of States, federally recognized Indian tribes, tribal organizations, institutions of higher education, public organizations, or private nonprofit organizations concerning the prevention of suicide among all ages, particularly among groups that are at high risk for suicide. (b) Responsibilities of the center The center operated and maintained under subsection (a) shall— (1) assist in the development or continuation of statewide and tribal suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (2) ensure the surveillance of suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (3) study the costs and effectiveness of statewide and tribal suicide early intervention and prevention strategies in order to provide information concerning relevant issues of importance to State, tribal, and national policymakers; (4) further identify and understand causes and associated risk factors for suicide for all ages, particularly among groups that are at high risk for suicide; (5) analyze the efficacy of new and existing suicide early intervention and prevention techniques and technology for all ages, particularly among groups that are at high risk for suicide; (6) ensure the surveillance of suicidal behaviors and nonfatal suicidal attempts; (7) study the effectiveness of State-sponsored statewide and tribal suicide early intervention and prevention strategies for all ages particularly among groups that are at high risk for suicide on the overall wellness and health promotion strategies related to suicide attempts; (8) promote the sharing of data regarding suicide with Federal agencies involved with suicide early intervention and prevention, and State-sponsored statewide and tribal suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk factors for suicide among all ages particularly among groups that are at high risk for suicide; (9) evaluate and disseminate outcomes and best practices of mental health and substance use disorder services at institutions of higher education; and (10) conduct other activities determined appropriate by the Secretary. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $4,957,000 for each of the fiscal years 2014 through 2018. . 3. Youth suicide intervention and prevention strategies Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 ) is amended to read as follows: 520E. Youth suicide early intervention and prevention strategies (a) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants or cooperative agreements to eligible entities to— (1) develop and implement State-sponsored statewide or tribal youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) support public organizations and private nonprofit organizations actively involved in State-sponsored statewide or tribal youth suicide early intervention and prevention strategies and in the development and continuation of State-sponsored statewide youth suicide early intervention and prevention strategies; (3) provide grants to institutions of higher education to coordinate the implementation of State-sponsored statewide or tribal youth suicide early intervention and prevention strategies; (4) collect and analyze data on State-sponsored statewide or tribal youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (5) assist eligible entities, through State-sponsored statewide or tribal youth suicide early intervention and prevention strategies, in achieving targets for youth suicide reductions under title V of the Social Security Act . (b) Eligible entity (1) Definition In this section, the term eligible entity means— (A) a State; (B) a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored statewide youth suicide early intervention and prevention strategy; or (C) a federally recognized Indian tribe or tribal organization (as defined in the Indian Self-Determination and Education Assistance Act ) or an urban Indian organization (as defined in the Indian Health Care Improvement Act ) that is actively involved in the development and continuation of a tribal youth suicide early intervention and prevention strategy. (2) Limitation In carrying out this section, the Secretary shall ensure that a State does not receive more than one grant or cooperative agreement under this section at any one time. For purposes of the preceding sentence, a State shall be considered to have received a grant or cooperative agreement if the eligible entity involved is the State or an entity designated by the State under paragraph (1)(B). Nothing in this paragraph shall be constructed to apply to entities described in paragraph (1)(C). (c) Preference In providing assistance under a grant or cooperative agreement under this section, an eligible entity shall give preference to public organizations, private nonprofit organizations, political subdivisions, institutions of higher education, and tribal organizations actively involved with the State-sponsored statewide or tribal youth suicide early intervention and prevention strategy that— (1) provide early intervention and assessment services, including screening programs, to youth who are at risk for mental or emotional disorders that may lead to a suicide attempt, and that are integrated with school systems, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (3) employ or include in their applications a commitment to evaluate youth suicide early intervention and prevention practices and strategies adapted to the local community; (4) provide timely referrals for appropriate community-based mental health care and treatment of youth who are at risk for suicide in child-serving settings and agencies; (5) provide immediate support and information resources to families of youth who are at risk for suicide; (6) offer access to services and care to youth with diverse linguistic and cultural backgrounds; (7) offer appropriate postsuicide intervention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (8) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (9) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (10) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (11) provide continuous training activities for child care professionals and community care providers on the latest youth suicide early intervention and prevention services practices and strategies; (12) conduct annual self-evaluations of outcomes and activities, including consulting with interested families and advocacy organizations; (13) provide services in areas or regions with rates of youth suicide that exceed the national average as determined by the Centers for Disease Control and Prevention; and (14) obtain informed written consent from a parent or legal guardian of an at-risk child before involving the child in a youth suicide early intervention and prevention program. (d) Requirement for direct services Not less than 85 percent of grant funds received under this section shall be used to provide direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3). (e) Consultation and policy development (1) In general In carrying out this section, the Secretary shall collaborate with relevant Federal agencies and suicide working groups responsible for early intervention and prevention services relating to youth suicide. (2) Consultation In carrying out this section, the Secretary shall consult with— (A) State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act , the State Children's Health Insurance Program under title XXI of the Social Security Act , and programs funded by grants under title V of the Social Security Act ; (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (3) Policy development In carrying out this section, the Secretary shall— (A) coordinate and collaborate on policy development at the Federal level with the relevant Department of Health and Human Services agencies and suicide working groups; and (B) consult on policy development at the Federal level with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to State-sponsored statewide or tribal youth suicide early intervention and prevention strategies. (f) Rule of construction; religious and moral accommodation Nothing in this section shall be construed to require suicide assessment, early intervention, or treatment services for youth whose parents or legal guardians object based on the parents' or legal guardians' religious beliefs or moral objections. (g) Evaluations and report (1) Evaluations by eligible entities Not later than 18 months after receiving a grant or cooperative agreement under this section, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants, collaborations, and consultations under this section. (h) Rule of construction; student medication Nothing in this section shall be construed to allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services. (i) Prohibition Funds appropriated to carry out this section, section 527, or section 529 shall not be used to pay for or refer for abortion. (j) Parental consent States and entities receiving funding under this section shall obtain prior written, informed consent from the child's parent or legal guardian for assessment services, school-sponsored programs, and treatment involving medication related to youth suicide conducted in elementary and secondary schools. The requirement of the preceding sentence does not apply in the following cases: (1) In an emergency, where it is necessary to protect the immediate health and safety of the student or other students. (2) Other instances, as defined by the State, where parental consent cannot reasonably be obtained. (k) Relation to education provisions Nothing in this section shall be construed to supersede section 444 of the General Education Provisions Act, including the requirement of prior parental consent for the disclosure of any education records. Nothing in this section shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 (as amended by the No Child Left Behind Act of 2001; Public Law 107–110). (l) Definitions In this section: (1) Early intervention The term early intervention means a strategy or approach that is intended to prevent an outcome or to alter the course of an existing condition. (2) Educational institution; institution of higher education; school The term— (A) educational institution means a school or institution of higher education; (B) institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ; and (C) school means an elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ). (3) Prevention The term prevention means a strategy or approach that reduces the likelihood or risk of onset, or delays the onset, of adverse health problems that have been known to lead to suicide. (4) Youth The term youth means individuals who are between 10 and 24 years of age. (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $29,738,000 for each of the fiscal years 2014 through 2018. . 4. Mental health and substance use disorders services and outreach on campus Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b ) is amended to read as follows: 520E–2. Mental health and substance use disorders services on campus (a) In general The Secretary, acting through the Director of the Center for Mental Health Services and in consultation with the Secretary of Education, shall award grants on a competitive basis to institutions of higher education to enhance services for students with mental health or substance use disorders and to develop best practices for the delivery of such services. (b) Uses of funds Amounts received under a grant under this section shall be used for 1 or more of the following activities: (1) The provision of mental health and substance use disorder services to students, including prevention, promotion of mental health, voluntary screening, early intervention, voluntary assessment, treatment, and management of mental health and substance abuse disorder issues. (2) The provision of outreach services to notify students about the existence of mental health and substance use disorder services. (3) Educating students, families, faculty, staff, and communities to increase awareness of mental health and substance use disorders. (4) The employment of appropriately trained staff, including administrative staff. (5) The provision of training to students, faculty, and staff to respond effectively to students with mental health and substance use disorders. (6) The creation of a networking infrastructure to link colleges and universities with providers who can treat mental health and substance use disorders. (7) Developing, supporting, evaluating, and disseminating evidence-based and emerging best practices. (c) Implementation of activities using grant funds An institution of higher education that receives a grant under this section may carry out activities under the grant through— (1) college counseling centers; (2) college and university psychological service centers; (3) mental health centers; (4) psychology training clinics; (5) institution of higher education supported, evidence-based, mental health and substance use disorder programs; or (6) any other entity that provides mental health and substance use disorder services at an institution of higher education. (d) Application To be eligible to receive a grant under this section, an institution of higher education shall prepare and submit to the Secretary an application at such time and in such manner as the Secretary may require. At a minimum, such application shall include the following: (1) A description of identified mental health and substance use disorder needs of students at the institution of higher education. (2) A description of Federal, State, local, private, and institutional resources currently available to address the needs described in paragraph (1) at the institution of higher education. (3) A description of the outreach strategies of the institution of higher education for promoting access to services, including a proposed plan for reaching those students most in need of mental health services. (4) A plan, when applicable, to meet the specific mental health and substance use disorder needs of veterans attending institutions of higher education. (5) A plan to seek input from community mental health providers, when available, community groups and other public and private entities in carrying out the program under the grant. (6) A plan to evaluate program outcomes, including a description of the proposed use of funds, the program objectives, and how the objectives will be met. (7) An assurance that the institution will submit a report to the Secretary each fiscal year concerning the activities carried out with the grant and the results achieved through those activities. (e) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that— (1) demonstrate the greatest need for new or additional mental and substance use disorder services, in part by providing information on current ratios of students to mental health and substance use disorder health professionals; and (2) demonstrate the greatest potential for replication. (f) Requirement of matching funds (1) In general The Secretary may make a grant under this section to an institution of higher education only if the institution agrees to make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than $1 for each $1 of Federal funds provided under the grant, toward the costs of activities carried out with the grant (as described in subsection (b)) and other activities by the institution to reduce student mental health and substance use disorders. (2) Determination of amount contributed Non-Federal contributions required under paragraph (1) may be in cash or in kind. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Waiver The Secretary may waive the application of paragraph (1) with respect to an institution of higher education if the Secretary determines that extraordinary need at the institution justifies the waiver. (g) Reports For each fiscal year that grants are awarded under this section, the Secretary shall conduct a study on the results of the grants and submit to the Congress a report on such results that includes the following: (1) An evaluation of the grant program outcomes, including a summary of activities carried out with the grant and the results achieved through those activities. (2) Recommendations on how to improve access to mental health and substance use disorder services at institutions of higher education, including efforts to reduce the incidence of suicide and substance use disorders. (h) Definitions In this section, the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965. (i) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $4,975,000 for each of the fiscal years 2014 through 2018. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2734ih/xml/BILLS-113hr2734ih.xml |
113-hr-2735 | I 113th CONGRESS 1st Session H. R. 2735 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Huffman (for himself, Mr. LaMalfa , Mr. Thompson of California , and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the United States Sentencing Commission with respect to penalties for the unlawful production of a controlled substance on Federal property or intentional trespass on the property of another that causes environmental damage.
1. Short title This Act may be cited as the Protecting Lands Against Narcotics Trafficking Act of 2013 or the PLANT Act . 2. Findings Congress finds the following: (1) In 2012, well over 900,000 marijuana plants were eradicated from 471 sites on National Forest lands in 20 States from Hawaii to Virginia. This represents just part of total eradication efforts on public lands. (2) Across Federal land management agency holdings including U.S. Fish and Wildlife, the U.S. National Park Service, the U.S. Bureau of Land Management, and the U.S. Forest Service, marijuana grows have commonly been found in excess of 1,000 plants per cultivation site and some have included more than 200,000 plants. (3) As a result of these grow sites, public and private lands are being destroyed by chemical contamination and alteration of watersheds; diversion of natural water courses; elimination of native vegetation; wildfire hazards; poaching of wildlife; and harmful disposal of garbage, non-biodegradable material litter, and human waste. In many cases the damage is being done to watersheds where millions of dollars in Federal and State funds have been spent to improve conditions for threatened fish and wildlife species. (4) Research has found that listed and candidate species under the Endangered Species Act like the Pacific fisher and Northern Spotted Owl have been killed by poisons and hazardous substances at marijuana cultivation sites, increasing pressure on legal land users to undertake conservation measures. (5) State and Federal fish and wildlife officials have found that environmentally destructive practices resulting from illegal marijuana cultivation, including the removal of timber and vegetation, can lead to excess river and stream sedimentation in areas needed by salmon and other protected fish populations. (6) Timber companies, farmers, and ranchers in northwest California report that illegal marijuana cultivation on private lands has caused significant damage to livestock, agriculture, and natural resources. (7) A single 2011 operation titled Operation Full Court Press in Mendocino National Forest (CA) located 56 cultivation sites and interdicted 32 firearms, 1,510 pounds of processed marijuana, more than 468,950 plants and resulted in 102 arrests. The operation also removed 23 tons of trash, over a ton of fertilizer, 57 pounds of poison, 22 miles of irrigation piping, 13 man-made dams, and 120 propane tanks. (8) Basic reclamation of marijuana cultivation sites can cost well over $15,000 per site. Citizen volunteer groups, concerned with the extent of environmental damage to local forests, have relationships with law enforcement to reclaim and clean up cultivation sites. 3. Direction to United States Sentencing Commission (a) In general Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and policy statements to ensure that the guidelines provide for additional penalties otherwise applicable to persons convicted of offenses under section 401(a) of the Controlled Substances Act ( 21 U.S.C. 841(a) ) while on Federal property or intentionally trespassing on the property of another if the offense involves any of the following: (1) The use of a poison, chemical, or hazardous substance for the unlawful production of a controlled substance that— (A) creates a serious hazard to humans, wildlife, or domestic animals; (B) degrades or harms the environment or natural resources; or (C) pollutes an aquifer, spring, stream, river, or body of water. (2) The diversion, redirection, obstruction, draining, or impoundment of an aquifer, spring, river, or body of water for the unlawful production of a controlled substance. (3) The substantial removal of vegetation or clear cutting of timber for the unlawful production of a controlled substance. (b) Requirements In carrying out this section, the United States Sentencing Commission shall— (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; and (2) assure that the guidelines adequately meet the purposes and kind of sentencing available under sections 3553(a)(2) and 3553(a)(3) of title 18, United States Code. 4. Rule of construction Nothing in the Act shall be construed to apply with respect to the legal use of authorized pesticides, herbicides, fertilizers, chemicals, or hazardous substances. | https://www.govinfo.gov/content/pkg/BILLS-113hr2735ih/xml/BILLS-113hr2735ih.xml |
113-hr-2736 | I 113th CONGRESS 1st Session H. R. 2736 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Larsen of Washington (for himself and Mr. Amash ) 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 allow entities required to comply with orders or directives under the Foreign Intelligence Surveillance Act of 1978 to publicly report every 90 days certain aggregate information related to the compliance with such orders or directives.
1. Short title This Act may be cited as the Government Surveillance Transparency Act of 2013 . 2. Disclosure of certain aggregate information related to orders under the Foreign Intelligence Surveillance Act of 1978 (a) Disclosures The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new title: IX Disclosure of certain aggregate information 901. Disclosure of certain aggregate information Notwithstanding any other provision of this Act, each entity required to comply with an order or directive under this Act may, every 90 days with respect to the preceding 90-day period, make publicly available the following information: (1) The aggregate number of orders or directives under this Act with which such entity was required to comply. (2) A general description of the types of assistance, information, or tangible things such entity was required to provide pursuant to such orders or directives. (3) The aggregate number of each type of assistance, information, or tangible things such entity was required to provide pursuant to such orders or directives. (4) The aggregate number of user accounts with respect to which such entity was required to provide assistance, information, or tangible things pursuant to such orders or directives. . (b) Table of contents amendment The table of contents in the first section of such Act is amended by adding at the end the following new items: Title IX—Disclosure of certain aggregate information Sec. 901. Disclosure of certain aggregate information. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2736ih/xml/BILLS-113hr2736ih.xml |
113-hr-2737 | I 113th CONGRESS 1st Session H. R. 2737 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Lewis (for himself, Ms. Norton , Mr. Doggett , Mr. Rangel , Mr. Ellison , Mr. Price of North Carolina , Mr. Grijalva , Ms. Shea-Porter , and Ms. DeLauro ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps educational awards.
1. Short title This Act may be cited as the Segal AmeriCorps Education Award Tax Relief Act of 2013 . 2. Exclusion from gross income of AmeriCorps educational awards (a) In general Section 117 of the Internal Revenue Code of 1986 (relating to qualified scholarships) is amended by adding at the end the following new subsection: (e) AmeriCorps educational awards Gross income shall not include any national service educational award described in subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.). . (b) Effective date The amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2737ih/xml/BILLS-113hr2737ih.xml |
113-hr-2738 | I 113th CONGRESS 1st Session H. R. 2738 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mrs. Lowey (for herself, Ms. Bass , Mr. Bera of California , Mr. Blumenauer , Ms. Bonamici , Mr. Braley of Iowa , Ms. Brown of Florida , Ms. Brownley of California , Mrs. Capps , Mr. Capuano , Mr. Cárdenas , Ms. Chu , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. Crowley , Mr. Danny K. Davis of Illinois , Mrs. Davis of California , Mr. DeFazio , Ms. DeGette , Ms. DeLauro , Ms. DelBene , Mr. Deutch , Mr. Doggett , Ms. Duckworth , Ms. Edwards , Mr. Ellison , Mr. Engel , Ms. Eshoo , Ms. Esty , Mr. Farr , Mr. Foster , Ms. Frankel of Florida , Mr. Garamendi , Mr. Garcia , Mr. Grayson , Mr. Grijalva , Mr. Gutiérrez , Ms. Hanabusa , Mr. Hastings of Florida , Mr. Heck of Washington , Mr. Higgins , Mr. Holt , Mr. Honda , Mr. Huffman , Mr. Israel , Ms. Jackson Lee , Mr. Johnson of Georgia , Mr. Kennedy , Mr. Kilmer , Mrs. Kirkpatrick , Ms. Kuster , Mr. Larsen of Washington , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mr. Lowenthal , Ms. Michelle Lujan Grisham of New Mexico , Mr. Maffei , Mrs. Carolyn B. Maloney of New York , Mr. Sean Patrick Maloney of New York , Ms. Matsui , Ms. McCollum , Mr. McDermott , Mr. McGovern , Ms. Meng , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mr. Murphy of Florida , Mr. Nadler , Ms. Norton , Mr. O’Rourke , Mr. Pallone , Mr. Payne , Mr. Peters of Michigan , Mr. Peters of California , Ms. Pingree of Maine , Mr. Pocan , Mr. Polis , Mr. Price of North Carolina , Mr. Quigley , Mr. Rangel , Mr. Rush , Ms. Linda T. Sánchez of California , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Mr. Scott of Virginia , Mr. Sherman , Ms. Sinema , Mr. Sires , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Swalwell of California , Mr. Takano , Mr. Thompson of California , Mr. Tierney , Ms. Titus , Ms. Tsongas , Mr. Van Hollen , Mr. Veasey , Ms. Wasserman Schultz , Ms. Waters , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , and Mr. Yarmuth ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the application of certain restrictive eligibility requirements to foreign nongovernmental organizations with respect to the provision of assistance under part I of the Foreign Assistance Act of 1961.
1. Short title This Act may be cited as the Global Democracy Promotion Act . 2. Findings The Congress finds the following: (1) It is a fundamental principle of American medical ethics and practice that health care providers should, at all times, deal honestly and openly with patients. Any attempt to subvert the private and sensitive physician-patient relationship would be intolerable in the United States and is an unjustifiable intrusion into the practices of health care providers when attempted in other countries. (2) Freedom of speech is a fundamental American value. The ability to exercise the right to free speech, which includes the right of the people peaceably to assemble, and to petition the government for a redress of grievances is essential to a thriving democracy and is protected under the United States Constitution. (3) The promotion of democracy is a principal goal of United States foreign policy and critical to achieving sustainable development. It is enhanced through the encouragement of democratic institutions and the promotion of an independent and politically active civil society in developing countries. (4) Limiting eligibility for United States development and humanitarian assistance upon the willingness of a foreign nongovernmental organization to forgo its right to use its own funds to address, within the democratic process, a particular issue affecting the citizens of its own country directly undermines a key goal of United States foreign policy and would violate the United States Constitution if applied to United States-based organizations. (5) Similarly, limiting the eligibility for United States assistance on a foreign nongovernmental organization’s willingness to forgo its right to provide, with its own funds, medical services that are legal in its own country and would be legal if provided in the United States constitutes unjustifiable interference with the ability of independent organizations to serve the critical health needs of their fellow citizens and demonstrates a disregard and disrespect for the laws of sovereign nations as well as for the laws of the United States. 3. Assistance for foreign nongovernmental organizations under part I of the Foreign Assistance Act of 1961 Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance authorized under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), foreign nongovernmental organizations— (1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non-United States Government funds if such services do not violate the laws of the country in which they are being provided and would not violate United States Federal law if provided in the United States; and (2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under part I of such Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2738ih/xml/BILLS-113hr2738ih.xml |
113-hr-2739 | I 113th CONGRESS 1st Session H. R. 2739 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Ms. Matsui (for herself, Mr. Guthrie , Mr. Smith of Washington , and Mr. Hunter ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 require the reallocation and auction for commercial use of the electromagnetic spectrum between the frequencies from 1755 megahertz to 1780 megahertz.
1. Short title This Act may be cited as the Efficient Use of Government Spectrum Act of 2013 . 2. Reallocation and auction of 1755–1780 MHz band (a) In general Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not later than 3 years after the date of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012 ( Public Law 112–96 ), the Commission shall— (1) reallocate the electromagnetic spectrum described in subsection (d) for commercial use; and (2) as part of the system of competitive bidding required by section 6401(b)(1)(B) of such Act (47 U.S.C. 1451(b)(1)(B)), grant new initial licenses, subject to flexible-use service rules, for the use of such spectrum, paired with the spectrum between the frequencies from 2155 megahertz to 2180 megahertz, inclusive. (b) Auction proceeds For purposes of depositing the proceeds from the competitive bidding described in subsection (a)(2) that are attributable to the electromagnetic spectrum described in subsection (d), such spectrum shall be treated as spectrum that is required to be auctioned by section 6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1451(b)(1)(B) ). (c) Relocation of and sharing by Federal Government stations (1) Relocation prioritized over sharing (A) In general Except as provided in paragraph (2), all Federal Government stations in the electromagnetic spectrum described in subsection (d) shall be relocated to other frequencies under the procedures implemented pursuant to section 113(g)(6) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(6) ). Such relocation procedures shall ensure maximum cooperation and coordination between the affected Federal and commercial entities. (B) Department of Defense stations Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 768) shall apply to the relocation of stations operated by the Department of Defense in the electromagnetic spectrum described in subsection (d). (2) Sharing where relocation not possible (A) Identification of stations If a Federal entity that operates a Federal Government station in the electromagnetic spectrum described in subsection (d) determines, based on an operational impact assessment, that such station cannot be relocated from such spectrum without jeopardizing essential military capability, such entity shall identify such station in the transition plan of such entity required, by section 113(h)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(h)(1) ), to be submitted not later than 240 days before the commencement of the competitive bidding described in subsection (a)(2). (B) Required elements of transition plan Each transition plan in which a station is identified pursuant to subparagraph (A) shall provide for non-Federal users to share with such station the electromagnetic spectrum described in subsection (d). Where exclusion zones are necessary to avoid jeopardizing essential military capability, such plan shall provide for the smallest possible zones necessary for such purpose. (3) Withdrawal or modification of assignments (A) Withdrawal Upon relocation of a Federal Government station pursuant to paragraph (1), the President shall withdraw the assignment to such station of the electromagnetic spectrum described in subsection (d). (B) Modification For each Federal Government station identified in a transition plan pursuant to paragraph (2)(A), the President shall modify the assignment to such station of the electromagnetic spectrum described in subsection (d) to permit shared Federal and non-Federal use. (d) Spectrum described The electromagnetic spectrum described in this subsection is the spectrum between the frequencies from 1755 megahertz to 1780 megahertz, inclusive. (e) Commission defined In this section, the term Commission means the Federal Communications Commission. | https://www.govinfo.gov/content/pkg/BILLS-113hr2739ih/xml/BILLS-113hr2739ih.xml |
113-hr-2740 | I 113th CONGRESS 1st Session H. R. 2740 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. McNerney (for himself, Mr. Bishop of New York , Mr. Peters of Michigan , and Mr. Cartwright ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to provide for the identification of corporate tax haven countries and increased penalties for tax evasion practices in haven countries that ship United States jobs overseas, and for other purposes.
1. Short title This Act may be cited as the Stop Outsourcing and Create American Jobs Act of 2013 . 2. Identifying corporate tax haven countries and increasing penalties for tax evasion practices in haven countries that ship United States jobs overseas Not later than one year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and publish a list of countries the Secretary determines to be corporate tax haven countries. In developing such list, the Secretary may consider the following criteria: (1) Tax rate in the country. (2) Lack of effective exchange of information between governments. (3) Lack of transparency in financial services sector. (4) Lack of requirements of substantial economic activity. (5) Incentives which may encourage a United States corporation to invest abroad rather than domestically. (6) Other factors deemed relevant by the Secretary. The Secretary shall review and update such list every 3 years. 3. Increase in penalties for corporate tax evasion practices concerning returns, documents, and activities relating to tax haven countries (a) Accuracy-Related penalty on underpayments Section 6662 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (k) Increase in penalty in case of tax haven countries (1) In general In the case of any portion of an underpayment by a corporation for a taxable year which involves an undisclosed foreign financial asset located in a tax haven country at any time during such taxable year, subsection (a) shall be applied with respect to such portion by substituting 60 percent for 20 percent . (2) Tax haven country For purposes of this subsection, the term tax haven country means a country on the list published under section 2(a) of the Stop Outsourcing and Create American Jobs Act of 2013 . . (b) Understatements with respect to reportable transactions Section 6662A of the Internal Revenue Code of 1986 is amended by adding at the end the following: (f) Increase in penalty in case of tax haven countries In the case of any portion of a reportable transaction understatement by a corporation for a taxable year which involves a transaction that originates, terminates, or otherwise occurs in a tax haven country (as defined in section 6662(k)(2)), subsection (a) shall be applied with respect to such portion by substituting 40 percent for 20 percent . . (c) Fraud penalty Section 6663 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (d) Increase in penalty in case of tax haven countries In the case of any fraud by a corporation involving an activity occurring in a tax haven country (as defined in section 6662(k)(2)), subsection (a) shall be applied by substituting 100 percent for 75 percent . . (d) Erroneous claim for credit or refund Section 6676 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: (d) Increase in penalty in case of tax haven countries In the case of claim or credit by a corporation for any excessive amount due for credits or refunds involving funds held or invested in a tax haven country (as defined in section 6662(k)(2)), subsection (a) shall be applied by substituting 40 percent for 20 percent . . (e) Willful attempt To evade or defeat tax Section 7201 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: In the case of an attempt by a corporation which involves a tax haven country (as defined in section 6662(k)(2)), the preceding sentence shall be applied by substituting $1,000,000 for $500,000 . . (f) Fraud and false statements Section 7206 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: In the case of an offense by a corporation described in the preceding sentence which involves a tax haven country (as defined in section 6662(k)(2)), the preceding sentence shall be applied by substituting $1,000,000 for $500,000 . . (g) Fraudulent returns, statements, or other documents Section 7207 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: In the case of an offense by a corporation described in either of the two preceding sentences which involves a tax haven country (as defined in section 6662(k)(2)), the appropriate sentence shall be applied by substituting $150,000 for $50,000 . . (h) Effective date (1) The amendments made by subsections (a) and (b) shall apply to underpayments attributable to transactions entered into after the date on which the list developed under section 2 is first published. (2) The amendment made by subsection (c) shall apply to returns the due date for which (determined without regard to extensions) is after the date on which the list developed under section 2 is first published. (3) The amendment made by subsection (d) shall apply to refunds and credits attributable to transactions entered into after the date on which the list developed under section 2 is first published. (4) The amendment made by subsections (e), (f), and (g) shall apply to offenses committed after the date on which the list developed under section 2 is first published. 4. Preferences in Government contracts (a) Preference A Federal department or agency may give a preference in the award of a contract for the procurement of goods or services in a fiscal year to any potential contractor that has not engaged in outsourcing during the fiscal year preceding the fiscal year in which the contract is awarded. (b) Requirement To request outsourcing information from potential contractors (1) In general In any solicitation for offers for a contract issued by a Federal department or agency in a fiscal year, the department or agency shall request each offeror for the contract to provide information regarding whether the offeror engaged in outsourcing during the fiscal year preceding the fiscal year in which the contract is to be awarded. (2) Penalty and debarment Any offeror found to be in violation of paragraph (1), including making a false statement regarding the offeror’s engagement in outsourcing— (A) shall, notwithstanding section 1001 of title 18, United States Code, be liable to the United States for a civil penalty in an amount not more than the value of the contract the offeror is seeking; and (B) shall be debarred, by the head of the department or agency soliciting the offer, from contracting with the Federal Government for a period of two years starting on the date on which the offeror is found to be in violation of paragraph (1). (3) Effective date This subsection shall apply to solicitations for contracts issued on and after the date occurring one year after the date of the enactment of this Act. (c) Outsourcing defined In this section, the term outsourcing means the laying off of a United States worker from a job, and the hiring or contracting for the same job to be performed in a foreign country. 5. Deficit reduction Amounts which the Secretary of the Treasury estimates are received in the Treasury by reason of this Act are hereby set aside for the reduction of the public debt. | https://www.govinfo.gov/content/pkg/BILLS-113hr2740ih/xml/BILLS-113hr2740ih.xml |
113-hr-2741 | I 113th CONGRESS 1st Session H. R. 2741 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mrs. Noem (for herself and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To clarify that, with respect to each Missouri River mainstem reservoir of the Corps of Engineers located in a State, the State maintains authority to allocate and appropriate the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State, and for other purposes.
1. State authority to allocate and appropriate waters in Missouri River mainstem reservoirs (a) Declaration of policy It is declared to be the policy of Congress that— (1) a State has authority to manage the waters of rivers located within the boundaries of the State; and (2) accordingly, with respect to each Missouri River mainstem reservoir of the Corps of Engineers, the State in which the reservoir is located maintains authority to allocate and appropriate the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State. (b) Natural flows For purposes of this section— (1) the term natural flows means waters of the Missouri River that would be flowing in a State in the absence of a dam that forms a Missouri River mainstem reservoir of the Corps of Engineers; and (2) the quantity of natural flows shall be determined based on average monthly flows (excluding depletions) and shall be calculated for the entire period of record, including the periods before, during, and after construction of any dams or reservoirs. (c) Missouri river system reservoirs (1) Policies and procedures All policies and procedures for the operations of Missouri River mainstem reservoirs of the Corps of Engineers shall be consistent with the declared policy under subsection (a). (2) Determination of natural flows With respect to each Missouri River mainstem reservoir of the Corps of Engineers, the Secretary shall determine, in consultation with the State in which the reservoir is located, the quantity of water in the reservoir that is attributable to the natural flows of the Missouri River within the boundaries of the State. (3) Judicial review A State may seek judicial review of a determination under paragraph (2) under chapter 7 of title 5, United States Code. (4) Prohibition on fees (A) In general The Secretary may not charge a fee in connection with water attributable to the natural flows of the Missouri River. (B) Interim rule Until the quantity of the natural flows of the Missouri River within the boundaries of a State is determined under subsection (c)(2) through final agency action, the Secretary may not charge any fee in connection with water of the Missouri River in the State, without the consent of the State. (5) Report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report on determinations made under paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-113hr2741ih/xml/BILLS-113hr2741ih.xml |
113-hr-2742 | I 113th CONGRESS 1st Session H. R. 2742 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mrs. Noem (for herself and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Army Corps of Engineers to notify the public of certain flood predictions regarding the Missouri River System, and for other purposes.
1. Short title This Act may be cited as the Army Corps of Engineers Communications Accountability Act of 2013 . 2. Notification and consultation requirements (a) In general If the Chief of Engineers makes an upper quartile determination or an upper decile determination, the Chief of Engineers shall notify the public of such determination, and consult with affected governments, in accordance with this section. (b) Notification Not later than 7 days after making a determination described in subsection (a), the Chief of Engineers shall notify the public that such determination has been made. (c) Consultation (1) In general If the Chief of Engineers makes an upper decile determination, an affected government may request a consultation with the Chief of Engineers. (2) Deadline If an affected government requests a consultation under paragraph (1), the Chief of Engineers shall provide such consultation not later than 7 days after receiving the request. (3) Contents The Chief of Engineers may provide in a consultation under this subsection— (A) information regarding expected water levels; (B) advice regarding appropriate preparedness actions; (C) technical assistance; and (D) any other information or assistance determined appropriate by the Chief of Engineers. (d) Definitions In this section: (1) Affected government The term affected government means a State, local, or tribal government with jurisdiction over an area that will be affected by a flood occurring in the Missouri River System, as determined by the Chief of Engineers in an upper decile determination. (2) Annual operating plan The term annual operating plan means a plan prepared by the Chief of Engineers that describes potential water conditions scenarios for the Missouri River System for a year. (3) Upper decile determination The term upper decile determination means a determination that runoff conditions in the Missouri River System are likely to reach the upper decile scenario specified for a year in an annual operating plan. (4) Upper quartile determination The term upper quartile determination means a determination that runoff conditions in the Missouri River System are likely to reach the upper quartile scenario specified for a year in an annual operating plan. | https://www.govinfo.gov/content/pkg/BILLS-113hr2742ih/xml/BILLS-113hr2742ih.xml |
113-hr-2743 | I 113th CONGRESS 1st Session H. R. 2743 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Nugent introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To make the National Parks and Federal Recreational Lands Pass available at a discount to certain veterans.
1. Veterans Eagle Passport (a) Short title This Act may be cited as the Veterans Eagle Parks Pass Act . (b) Veterans Eagle Parks Pass Section 805(b) of division J of the Consolidated Appropriations Act, 2005 ( 16 U.S.C. 6804(b) ; 118 Stat. 3386), is amended by adding at the end the following new paragraph: (3) Veterans Discount The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at a cost of $10, for any veteran who was separated from military service under conditions other than dishonorable, if the veteran provides proof of that status by presenting a DD214. The National Parks and Federal Recreational Lands Pass made available under this paragraph shall be valid for the life of the veteran for whom it was purchased. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2743ih/xml/BILLS-113hr2743ih.xml |
113-hr-2744 | I 113th CONGRESS 1st Session H. R. 2744 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Paulsen (for himself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent sex trafficking of children and serve the needs of children who are victims of sex trafficking, and for other purposes.
1. Short title This Act may be cited as the Child Sex Trafficking Data and Response Act of 2013 . 2. Streamline data collection and reporting on sex trafficking (a) Foster care and adoption assistance program (1) State plan requirements Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended— (A) by striking and at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting a semicolon; and (C) by adding at the end the following: (34) provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall— (A) identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as a victim of severe forms of trafficking in persons described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (relating to sex trafficking) as such a victim; and (B) report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code; and (35) contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. . (2) Regulations The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph (1) and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a)(34)(B) ) (as added by paragraph (1)). The regulations promulgated under this paragraph shall include provisions to permit the Secretary of Health and Human Services the discretion to withhold a portion of the Federal funds to be paid a State under section 474 of the Social Security Act ( 42 U.S.C. 674 ) for a fiscal year quarter from any State that fails to substantially comply with the requirements of paragraphs (34) and (35) of section 471(a) of such Act (as so added). (3) Inclusion of data in AFCARS (A) In general Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended— (i) in subparagraph (C)(iii), by striking and after the semicolon; and (ii) by adding at the end the following: (E) the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and . (B) Report to congress During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) )), together with such other information as the Secretary determines appropriate relating to the identification of, and provision of services for, that population of children. (b) State reporting Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended— (1) in paragraph (2), by striking and at the end; and (2) in paragraph (4)— (A) in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (3) ; (B) in subparagraph (A), by inserting and a photograph taken within the previous 180 days after dental records ; (C) in subparagraph (B), by striking and at the end; (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . (c) CAPTA amendments (1) State plan amendments Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended— (A) in subsection (b)(2)(B)— (i) in clause (xxii), by striking and at the end; and (ii) by adding at the end the following: (xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or victims of severe forms of trafficking in persons described in paragraph (9)(A) of that section; and (xxv) provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; ; and (B) in subsection (d), by adding at the end the following: (17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv). . (2) Special rule (A) In general Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g ) is amended— (i) by striking For purposes and inserting the following: (a) Definitions For purposes ; and (ii) by adding at the end the following: (b) Special Rule (1) In general For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of child abuse and neglect and of sexual abuse if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. (2) State option Notwithstanding the definition of child in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24. . (B) Conforming amendment Section 3(2) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting (including sexual abuse as determined under section 111) after sexual abuse or exploitation . (3) Technical correction Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking inhumane; and inserting inhumane. . 3. Report to Congress on labor trafficking in child welfare and barriers to documentation and service provision to unique victim populations Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Attorney General, shall submit to the Congress a report detailing issues related to identifying, and providing services for, victims of labor trafficking, as defined in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child welfare system. The report shall address the following: (1) Whether State law enforcement, child welfare, and other relevant State agencies have identified a significant presence of victims of labor trafficking within the child welfare population. (2) With respect to any States that have identified a significant presence of such victims— (A) any numerical estimates of the prevalence of such victims; (B) a description of how such States provide services for, or plan to provide services for, such victims; and (C) a description of the extent to which there are service delivery issues, particularly with respect to the extent to which the requirements associated with existing sources of Federal funding for all victims of trafficking, as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) ), prevents population-specific service delivery within the child welfare system. 4. Effective date (a) In general Except as provided in subsection (b), the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act (and in the case of the amendments made by section 2(a)(1), without regard to whether final regulations required under section 2(a)(2) have been promulgated). (b) Delay permitted if state legislation required In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Except as otherwise provided in this Act the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2744ih/xml/BILLS-113hr2744ih.xml |
113-hr-2745 | I 113th CONGRESS 1st Session H. R. 2745 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Rohrabacher (for himself, Mr. Wittman , Mr. Lamborn , Mr. Kingston , Mr. Latta , Mr. Gosar , Mrs. Black , Mr. Marchant , Mr. Rahall , Mr. Culberson , Mrs. Bachmann , Mr. Wilson of South Carolina , Mr. Bilirakis , Mr. Duncan of South Carolina , Mr. Conaway , Mr. Jones , Mr. Rogers of Alabama , Mr. Alexander , and Mr. Duncan of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to exclude from creditable wages and self-employment income wages earned for services by aliens illegally performed in the United States and self-employment income derived from a trade or business illegally conducted in the United States.
1. Short title This Act may be cited as the No Social Security for Illegal Immigrants Act of 2013 . 2. Exclusion of unauthorized employment from employment upon which creditable wages may be based Section 210(a)(19) of the Social Security Act (42 U.S.C. 410(a)(19)) is amended— (1) by striking (19) Service and inserting the following: (19) (A) Service performed by an alien while employed in the United States for any period during which the alien is not authorized to be so employed. (B) Service . 3. Exclusion of unauthorized functions and services from trade or business from which creditable self-employment income may be derived Section 211(c) of the Social Security Act ( 42 U.S.C. 411(c) ) is amended— (1) in paragraph (5), by striking or at the end; (2) in paragraph (6), by striking him. and inserting him; or ; and (3) by inserting after paragraph (6) the following new paragraph: (7) The performance of a function or service in the United States by an alien during any period for which the alien is not authorized to perform such function or service in the United States. . 4. Effective date The amendments made by this Act shall apply with respect to wages earned, and self-employment income derived, before, on, or after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act ( 42 U.S.C. 415(f)(1) ), as soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall recompute all primary insurance amounts to the extent necessary to carry out such amendments. Such amendments shall affect benefits only for months after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2745ih/xml/BILLS-113hr2745ih.xml |
113-hr-2746 | I 113th CONGRESS 1st Session H. R. 2746 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Farenthold introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent undue disruption of interstate commerce by limiting civil actions brought against persons whose only role with regard to a product in the stream of commerce is as a lawful seller of the product.
1. Short title This Act may be cited as the Innocent Sellers Fairness Act . 2. Findings Congress finds that— (1) an innocent seller should not be held responsible under the doctrine of product liability for damages that the seller did not cause; (2) as a result of product liability, sellers are often brought into litigation despite the fact that they had no control or input in the design, production, or any other aspect of an allegedly defective product, and may therefore face increased costs due to the possibility or result of disproportionate damage awards; (3) due to high liability costs and unwarranted litigation costs, sellers face higher costs in purchasing insurance through interstate insurance markets to cover their activities; (4) liability reform for sellers will promote the free flow of goods and services, lessen burdens on interstate commerce, decrease litigiousness, and lower prices to consumers; and (5) legislation to address these concerns is an appropriate exercise of the powers of Congress under clauses 3, 9, and 18 of section 8 of article I of the Constitution of the United States, and the 14th Amendment to the Constitution of the United States. 3. Limitation on liability of product sellers (a) In general No seller of any product shall be liable for personal injury, monetary loss, or damage to property arising out of an accident or transaction involving such product, unless the claimant proves one or more of the following activities by the seller: (1) The seller was the manufacturer of the product. (2) The seller participated in the design of the product. (3) The seller participated in the installation of the product. (4) The seller altered, modified, or expressly warranted the product in a manner not authorized by the manufacturer. (5) The seller had actual knowledge of the defect in the product as a result of a recall from the manufacturer or governmental entity authorized to make such recall or actual inspection at the time the seller sold the product to the claimant. (6) The seller had actual knowledge of the defect in the product at the time the seller supplied the product. (7) The seller intentionally altered or modified a product warranty, warning or instruction from the manufacturer in a way not authorized by the manufacturer. (8) The seller knowingly made a false representation about an aspect of the product not authorized by the manufacturer. (b) Liability of seller in cases of negligence If the claimant proves one or more of the activities described in subsection (a) and such activity was negligent, the seller’s liability is limited to the personal injury, monetary loss, or damage to property, directly caused by such activity. (c) Definitions In this Act: (1) Manufacturer The term manufacturer means a person who is lawfully engaged in the business of manufacturing a product in interstate or foreign commerce during such person’s regular course of trade or business. (2) Person The term person means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (3) Seller The term seller means a person who is lawfully engaged in the business of marketing, distributing, advertising, or selling a product in interstate or foreign commerce during such person’s regular course of trade or business. (d) Effective date This Act applies to any civil action involving a product that was sold to the claimant on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr2746ih/xml/BILLS-113hr2746ih.xml |
113-hr-2747 | I 113th CONGRESS 1st Session H. R. 2747 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Walberg (for himself and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend title 40, United States Code, to transfer certain functions from the Government Accountability Office to the Department of Labor relating to the processing of claims for the payment of workers who were not paid appropriate wages under certain provisions of such title.
1. Short title This Act may be cited as the Streamlining Claims Processing for Federal Contractor Employees Act . 2. Transfer of administrative authority to the Department of Labor (a) Authority of Comptroller General To pay wages and list contractors violating contracts Section 3144 of title 40, United States Code, is amended— (1) in the section heading, by striking of Comptroller General ; and (2) in subsection (a)(1), by striking Comptroller General and inserting Secretary of Labor . (b) Report of violations and withholding of amounts for unpaid contracts and liquidated damages Section 3703(b)(3) of title 40, United States Code, is amended by striking Comptroller General both places it appears and inserting Secretary of Labor . | https://www.govinfo.gov/content/pkg/BILLS-113hr2747ih/xml/BILLS-113hr2747ih.xml |
113-hr-2748 | I 113th CONGRESS 1st Session H. R. 2748 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Issa (for himself, Mr. Farenthold , and Mr. Ross ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To restore the financial solvency of the United States Postal Service and to ensure the efficient and affordable nationwide delivery of mail.
1. Short title; table of contents; references (a) Short title This Act may be cited as the Postal Reform Act of 2013 . (b) Table of contents Sec. 1. Short title; table of contents; references. Sec. 2. Definitions. Title I—Postal Service Modernization Sec. 101. Nationwide mail delivery schedule. Sec. 102. Delivery-point modernization. Sec. 103. Efficient and flexible universal postal service. Sec. 104. Applicability of procedures relating to closures and consolidations. Sec. 105. Enhanced reporting on Postal Service efficiency. Sec. 106. Area and district office structure. Title II—Postal Service Governance Subtitle A—Temporary Governance Authority Sec. 201. Purposes. Sec. 202. Establishment of the Postal Service Financial Responsibility and Management Assistance Authority. Sec. 203. Membership and qualification requirements. Sec. 204. Organization and staff. Sec. 205. Funding. Sec. 206. Responsibilities and powers. Sec. 207. Development of financial plan and budget for the solvency of the Postal Service. Sec. 208. Process for submission and approval of financial plan and budget. Sec. 209. Dissolution of the Authority; reconstitution of the Board of Governors. Subtitle B—Other Matters Sec. 211. Appointment of the Postal Service Inspector General. Sec. 212. Membership of the Board of Governors. Title III—Postal Service Workforce Sec. 301. Applicability of reduction-in-force procedures. Sec. 302. Postal Service FEHBP and FEGLI funding requirements. Sec. 303. Repeal of provision relating to overall value of fringe benefits. Sec. 304. Modifications relating to determination of pay comparability. Sec. 305. Last-best-final-offer negotiations. Sec. 306. Postal Service workers’ compensation reform. Sec. 307. Reporting requirement. Title IV—Postal Service Revenue Sec. 401. Adequacy, efficiency, and fairness of postal rates. Sec. 402. Repeal of rate preferences for qualified political committees. Sec. 403. Use of negotiated service agreements. Sec. 404. Nonpostal services. Sec. 405. Alaska bypass mail modernization. Sec. 406. Appropriations modernization. Sec. 407. Enhanced product innovation. Title V—Postal Service Finance Sec. 501. Treatment of Postal Service postemployment benefit funding projected surpluses. Sec. 502. Retiree health benefit liability payment schedule. Sec. 503. Supplementary borrowing authority during a control period. Sec. 504. Postal Service Delivery-Point Modernization Fund. Sec. 505. Specific retirement liability calculations relating to the Postal Service. Title VI—Postal Contracting Reform Sec. 601. Contracting provisions. Sec. 602. Technical amendment to definition. Sec. 603. Contract limitation. Title VII—Other Provisions Sec. 701. Postal facility designations. Sec. 702. Response to submissions by the Postal Service. Sec. 703. Fair stamp-evidencing competition. Sec. 704. USPS innovation officer and accountability. Sec. 705. Postal regulatory commission travel reporting. (c) References Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 39, United States Code. 2. Definitions For the purposes of this Act— (1) the term Postal Service means the United States Postal Service; (2) the term postal retail facility means a post office, post office branch, post office classified station, or other facility which is operated by the Postal Service, and the primary function of which is to provide retail postal services, but does not include a contractor-operated facility offering postal services; (3) the term district office means the central office of an administrative field unit with responsibility for postal operations in a designated geographic area (as defined under regulations, directives, or other guidance of the Postal Service, as in effect on January 1, 2013); and (4) the term area office means the central office of an administrative field unit with responsibility for postal operations in a designated geographic area which is comprised of designated geographic areas as referred to in paragraph (3). I Postal Service Modernization 101. Nationwide mail delivery schedule (a) In general Section 404 is amended by inserting after subsection (e) the following: (f) (1) The Postal Service may establish a general, nationwide mail delivery schedule of 5 days per week. (2) The Postal Service shall ensure that under any schedule established under paragraph (1), there shall not occur more than 2 consecutive days on which mail is not delivered, including as a result of Federal holidays. (3) For a period not to end before December 31, 2018, the Postal Service shall provide domestic competitive product service 6 days per week to each street address that was scheduled to receive package service 6 days per week as of September 30, 2012. (4) Nothing in this section shall be construed to authorize a reduction, or to require an increase, in frequency of mail delivery for any address for which the Postal Service provided delivery on fewer than 6 days per week as of January 1, 2013. . (b) Mailbox access If the Postal Service establishes a general, nationwide mail delivery schedule of 5 days per week, consistent with the provisions of section 404 of title 39, United States Code, as amended by subsection (a), the Postal Service shall amend the Mailing Standards of the United States Postal Service (as set forth in the Domestic Mail Manual) to ensure that the provisions of section 508.3.2.10 of such Manual, as in effect on September 30, 2012, shall apply on any day on which the Postal Service does not deliver mail under the established delivery schedule. 102. Delivery-point modernization (a) In general Subchapter VII of chapter 36 is amended by adding at the end the following: 3692. Delivery-point modernization (a) Definitions For the purposes of this section— (1) the term delivery point means a mailbox or other receptacle to which mail is delivered; (2) the term primary mode of mail delivery means the typical method by which the Postal Service delivers letter mail to the delivery point of a postal patron; (3) the term door delivery means a primary mode of mail delivery whereby mail is placed into a slot or receptacle at or near the postal patron’s door or is hand delivered to a postal patron, but does not include curbside or centralized delivery; (4) the term centralized delivery means a primary mode of mail delivery whereby mail receptacles of a number of delivery points are grouped or clustered at a single location; and (5) the term curbside delivery means a primary mode of mail delivery whereby a mail receptacle is situated at the edge of a sidewalk abutting a road or curb, at a road, or at a curb. (b) Policy It shall be the policy of the Postal Service to use the most cost-effective primary mode of mail delivery feasible for postal patrons. (c) Phaseout of door delivery (1) New addresses Subject to paragraph (4), the Postal Service shall implement a program, wherever feasible, to provide a primary mode of mail delivery other than door delivery to new addresses established after the date of enactment of this section. (2) Business address conversion Subject to paragraph (4), the Postal Service shall implement a program to convert existing business addresses with door delivery to centralized delivery to the maximum extent feasible. In cases in which conversion to centralized delivery is impractical, conversion to curbside delivery shall be implemented to the maximum extent feasible. (3) Residential address conversion (A) Identification Within one year after the date of enactment of this section, each district office shall identify residential addresses within its service area that are appropriate candidates for conversion from door delivery to curbside or centralized delivery, in accordance with standards established by the Postal Service. (B) Voluntary conversion Subject to paragraph (4), the Postal Service shall seek to voluntarily convert the delivery points identified under subparagraph (A) from door delivery to more cost-effective primary modes of mail delivery. (C) Procedures In carrying out conversions under subparagraph (B), the Postal Service shall establish procedures to— (i) solicit, consider, and respond to input from postal patrons, State and local governments, local associations, and property owners; and (ii) place centralized delivery points in locations that maximize delivery efficiency, ease of use for postal patrons, and respect for private property rights. (4) Considerations In making any determination to convert the primary mode of mail delivery for an existing address from door delivery to any other primary mode of mail delivery, or to provide a primary mode of mail delivery to a new address, the Postal Service may consider— (A) the impact of weather conditions, physical barriers, or any other factor that may impact the feasibility of providing a primary mode of mail delivery other than door delivery (such as a factor that may significantly reduce the potential cost savings associated with providing centralized or curbside delivery); (B) whether the address is in a registered historic district (as that term is defined in section 47(c)(3)(B) of the Internal Revenue Code of 1986) is listed on the National Register of Historic Places, or is of historic value; and (C) population density and the concentration of poverty. (5) Waiver for physical hardship The Postal Service shall establish and maintain a waiver program under which, upon application, door delivery may be continued, or provided, at no cost to the applicant in any case in which— (A) centralized or curbside delivery would, but for this paragraph, otherwise be the primary mode of mail delivery; and (B) door delivery is necessary in order to avoid causing significant physical hardship to a postal patron. (6) Legacy door delivery service (A) In general The Postal Service may continue to provide, for a fee to be paid by the addressee, door delivery to an address that received door delivery as of January 1, 2013, but was converted to a different primary mode of mail delivery as a result of the requirements of subsection (d). (B) Offset The fee shall, when taken in the nationwide aggregate, offset the additional cost to the Postal Service for door delivery (compared to the cost of the primary mode of mail delivery which would otherwise exist for such address) as a result of the requirements of subsection (d). (C) Requirements The fee shall be subject to the requirements of section 3622(d)(1)(B) and the Postmaster General may by regulation prescribe the method of the fee’s calculation. (d) Modernization requirement (1) Minimum points to be converted Not later than September 30, 2022, the Postal Service shall convert not less than 30,000,000 of the door delivery points extant on December 31, 2012, to centralized or curbside delivery. (2) Conversion order In determining which delivery points to convert under paragraph (1), postal patrons who voluntarily agree to convert their delivery point or points under subsection (c)(3) shall take precedence over any other conversions to the greatest extent practicable. (3) Funding and repayment Until September 30, 2022, the Postal Service may withdraw funds from the Postal Service Delivery-Point Modernization Fund to carry out the purposes of this section. All savings accrued by the Postal Service from conversions under this subsection shall be repaid to the Fund on a monthly basis until all funds have been repaid. All funds withdrawn under this paragraph must be repaid not later than September 30, 2023. (4) Voucher program The Postal Service shall, in accordance with such standards and procedures as the Postal Service shall by regulation prescribe, provide for a voucher program, funded through the Postal Service Delivery Point Modernization Fund, under which, upon application, the Postal Service may defray all or any portion of the costs associated with conversion from door delivery under this section which would otherwise be borne by postal patrons. (5) Treatment of Exemption Addresses receiving door delivery or legacy door delivery as a result of paragraph (5) or (6) of subsection (c)— (A) shall be counted as addresses that receive the primary mode of mail delivery which the address would be subject to if not for the applicable exemption; and (B) shall, within 30 days after ceasing to meet the requirements of such paragraph (5) or (6), as applicable, be converted to the primary mode of mail delivery which was otherwise applicable. (6) Annual reports Not later than 60 days after the end of each of fiscal years 2013 through 2023, the Postal Service shall submit to Congress and the Inspector General of the Postal Service a report on the implementation of this section during the most recently completed fiscal year. Each such report shall include— (A) the number of residential and business addresses that— (i) receive door delivery as of the end of the fiscal year preceding the most recently completed fiscal year; (ii) receive door delivery as of the end of the most recently completed fiscal year; and (iii) during the most recently completed fiscal year, were converted from door delivery to— (I) centralized delivery points; (II) curbside delivery points; and (III) any other primary mode of mail delivery, respectively; (B) the estimated cost savings from the conversions described in subparagraph (A)(iii); (C) a description of the progress made by the Postal Service toward meeting the requirements of subsection (c) and paragraph (1) of this subsection; and (D) any other information which the Postal Service considers appropriate. (e) Review Subchapters IV and V shall not apply with respect to any action taken by the Postal Service under this section. . (b) Clerical amendment The table of sections for chapter 36 is amended by adding after the item relating to section 3691 the following: 3692. Delivery-point modernization. . 103. Efficient and flexible universal postal service (a) Postal policy (1) In general Section 101(b) is amended to read as follows: (b) The Postal Service shall provide effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining. . (2) Conforming amendment Clause (iii) of section 404(d)(2)(A) is amended to read as follows: (iii) whether such closing or consolidation is consistent with the policy of the Government, as stated in section 101(b), that the Postal Service shall provide effective and regular postal services to rural areas, communities, and small towns where post offices are not self-sustaining; . (b) General duty Paragraph (3) of section 403(b) is amended to read as follows: (3) to ensure that postal patrons throughout the Nation will, consistent with reasonable economies of postal operations, have ready access to essential postal services. . (c) Conditions Clause (i) of section 404(d)(2)(A) is amended to read as follows: (i) the effect of such closing or consolidation on the community served by such post office, including through an analysis of such factors as— (I) the distance (as measured by public roads) to the closest postal retail facility not proposed for closure or consolidation under such plan; (II) the characteristics of such location, including weather and terrain; (III) whether commercial mobile service (as defined in section 332 of the Communications Act of 1934) and commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012) are available in at least 80 percent of the total geographic area of the ZIP codes served by the postal retail facility proposed for closure or consolidation; and (IV) whether fixed broadband Internet access service is available to households in at least 80 percent of such geographic area at speeds not less than those sufficient for service to be considered broadband for purposes of the most recent report of the Federal Communications Commission under section 706 of the Telecommunications Act of 1996; . (d) PRC review of determinations To close or consolidate a post office (1) Deadline for review Section 404(d)(5) is amended by striking 120 days and inserting 60 days . (2) Exclusion from review Section 404(d) is amended by adding at the end the following: (7) (A) The appeals process set forth in paragraph (5) shall not apply to a determination of the Postal Service to close a post office if there is located, within 2 miles of such post office, a qualified contract postal unit. (B) For purposes of this paragraph— (i) the term contract postal unit means a store or other place of business which— (I) is not owned or operated by the Postal Service; and (II) in addition to its usual operations, provides postal services to the general public under contract with the Postal Service; and (ii) the term qualified contract postal unit , as used in connection with a post office, means a contract postal unit which— (I) begins to provide postal services to the general public during the period— (aa) beginning 1 year before the date on which the closure or consolidation of such post office is scheduled to take effect; and (bb) ending on the 15th day after the date on which the closure or consolidation of such post office is scheduled to take effect; and (II) has not, pursuant to subparagraph (A), served as the basis for exempting any other post office from the appeals process set forth in paragraph (5). (C) (i) If the qualified contract postal unit does not continue to provide postal services, as required by subparagraph (B)(i)(II), for at least the 2-year period beginning on the date on which such post office was closed or, if later, the date on which such unit began providing postal services to the general public, the contract postal unit shall be subject to a closure determination by the Postal Service to decide whether a post office must be reopened within the area (delimited by the 2-mile radius referred to in subparagraph (A)). (ii) A decision under clause (i) not to reopen a post office may be appealed to the Postal Regulatory Commission under procedures which the Commission shall by regulation prescribe. Such procedures shall be based on paragraph (5), except that, for purposes of this clause, paragraph (5)(C) shall be applied by substituting in violation of section 101(b), leaving postal patrons without effective and regular access to postal services for unsupported by substantial evidence on the record . . (3) Applicability The amendments made by this subsection shall not apply with respect to any appeal, notice of which is received by the Postal Regulatory Commission before the date of enactment of this Act (determined applying the rules set forth in section 404(d)(6) of title 39, United States Code). (e) Expedited procedures (1) In general Section 3661 is amended by adding at the end the following: (d) (1) The Commission shall issue its opinion within 90 days after the receipt of any proposal (as referred to in subsection (b)) concerning— (A) the closing or consolidation of postal retail facilities (as that term is defined in section 2(2) of the Postal Reform Act of 2013) to a degree that will generally affect service on a nationwide or substantially nationwide basis; or (B) an identical or substantially identical proposal on which the Commission issued an opinion within the preceding 5 years. (2) If necessary in order to comply with the 90-day requirement under paragraph (1), the Commission may apply expedited procedures which the Commission shall by regulation prescribe. . (2) Regulations The Postal Regulatory Commission shall prescribe any regulations necessary to carry out the amendment made by paragraph (1) within 90 days after the date of enactment of this Act. (3) Applicability The amendment made by this subsection shall apply with respect to any proposal received by the Postal Regulatory Commission on or after the earlier of— (A) the 90th day after the date of enactment of this Act; or (B) the effective date of the regulations under paragraph (2). (f) Rural post office annual closure limitation Section 404a(a) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period and inserting ; or ; and (3) by adding at the end the following: (4) close, consolidate, or suspend the operations of more than 5-percent of the number of currently operating postal retail facilities on January 1, of each year that were within the K or L cost ascertainment grouping on January 1, 2012, excluding any postal retail facility scheduled for closure and ineligible for appeal due to section 404(d)(7)(A) shall not count toward the 5 percent limitation. . (g) Alternate postal access choice Section 404(d) is amended by striking paragraph (1) and inserting the following: (d) (1) The Postal Service, prior to making a determination under subsection (a)(3) as to the necessity for the closing or consolidation of any post office, shall— (A) provide adequate notice of its intention to close or consolidate such post office at least 60 days prior to the proposed date of such closing or consolidation to postal patrons served by such post office; (B) conduct a nonbinding survey on the proposed closing or consolidation to allow postal patrons served by such post office an opportunity to indicate their preference between or among— (i) the closing or consolidation; and (ii) 1 or more alternative options; and (C) ensure that— (i) should the closure or consolidation of a postal retail facility be deemed necessary, it shall be the policy of the Postal Service to provide alternative access to postal services to those served by the postal retail facility by the option chosen by the highest number of survey respondents under subparagraph (B)(ii); and (ii) if the Postal Service is unable to provide alternative access through the option identified in clause (i), or if that option is cost prohibitive, the Postal Service may provide alternative access through a different means. Upon selection of an alternative access method other than the one identified by clause (i), the Postal Service must provide written notice to those patrons served by the postal retail facility identifying and explaining why the option identified by clause (i) was not possible or cost prohibitive. . 104. Applicability of procedures relating to closures and consolidations (a) In general Section 404(d) is amended by adding after paragraph (7) (as added by section 103(d)(2)) the following: (8) For purposes of this subsection, the term post office means a post office and any other facility described in section 2(2) of the Postal Reform Act of 2013 . . (b) Effective date In the case of any post office (within the meaning of the amendment made by subsection (a)) which, but for such amendment, would not otherwise be subject to section 404(d) of title 39, United States Code, the amendment made by subsection (a) shall be effective with respect to any closure or consolidation, the proposed effective date of which occurs on or after the 60th day following the date of enactment of this Act. 105. Enhanced reporting on Postal Service efficiency Section 3652(a) is amended— (1) in paragraph (1), by striking and after the semicolon; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding after paragraph (2) the following: (3) which shall provide the overall change in Postal Service productivity and the resulting effect of such change on overall Postal Service costs during such year, using such methodologies as the Commission shall by regulation prescribe. . 106. Area and district office structure (a) In general Not later than 120 days after the date of enactment of this Act, the Postal Service, in consultation with the Inspector General of the United States Postal Service, shall develop and begin implementation of a plan for the closure or consolidation of such area and district offices as the Postal Service considers necessary and appropriate so that, by October 1, 2015, the combined total number of area and district offices will be at least 30 percent less than the corresponding combined total as of September 30, 2012. (b) Contents The plan shall include— (1) a list of the area and district offices proposed for closure or consolidation; (2) a proposed schedule under which closures and consolidations of area and district offices would be carried out; (3) the estimated total annual cost savings attributable to the proposed closures and consolidations described in the plan; (4) the criteria and process used to develop the information described in paragraphs (1) and (2); (5) the methodology and assumptions used to derive the estimates described in paragraph (3); and (6) any changes to the processing, transportation, delivery, or other postal operations anticipated as a result of the proposed closures and consolidations described in the plan. (c) Plan submission revision Not later than 120 days after the date of enactment of this Act, the plan shall be submitted to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. Any revision to the plan shall be submitted not later than 14 days after such revision is adopted by the Postal Service. II Postal Service Governance A Temporary Governance Authority 201. Purposes (a) Purposes The purposes of this subtitle are as follows: (1) To eliminate budget deficits and cash shortages of the Postal Service through strategic financial planning, sound budgeting, accurate revenue forecasts, and careful spending. (2) To ensure that universal service, as required by section 101 of title 39, United States Code, is maintained during the period of any fiscal emergency. (3) To conduct necessary investigations and studies to determine the fiscal status and operational efficiency of the Postal Service. (4) To assist the Postal Service in— (A) restructuring its organization and workforce to bring expenses in line with diminishing revenue and generate sufficient profits for capital investments and repayment of debt; (B) meeting all fiscal obligations to the Treasury of the United States; and (C) ensuring the appropriate and efficient delivery of postal services. (5) To ensure the long-term financial, fiscal, and economic vitality and operational efficiency of the Postal Service. (b) Reservation of powers Nothing in this subtitle may be construed— (1) to relieve any obligation of the Postal Service to the Treasury of the United States existing as of the date of enactment of this Act; or (2) to limit the authority of Congress to exercise legislative authority over the Postal Service. 202. Establishment of the Postal Service Financial Responsibility and Management Assistance Authority (a) Establishment There is established, in accordance with the provisions of this subtitle, an entity to be known as the Postal Service Financial Responsibility and Management Assistance Authority (hereinafter in this subtitle referred to as the Authority ). (b) Operations during the control period (1) Control period defined For the purposes of this subtitle, the term control period means the period that commences on the date as of which the Authority has at least 4 members and terminates as of the date determined under paragraph (5). (2) Transfer of authorities and responsibilities Effective as of the date on which the control period commences— (A) subsections (a) and (b) of section 202 are repealed; (B) the term of office of each of the 9 Governors (appointed under the second sentence of section 202(a)(1) of title 39, United States Code, as last in effect before the date of enactment of this Act) shall terminate; and (C) the Authority shall assume its responsibilities, as set forth in section 206. (3) Treatment of certain executives (A) Definition For the purposes of this section, the term Level-Two Postal Service Executive includes the Postmaster General, the Deputy Postmaster General, and all the other officers and employees of the Postal Service in level two of the Postal Career Executive Service (or the equivalent), but does not include any officer or employee of the Office of Inspector General of the United States Postal Service. (B) Treatment Notwithstanding any other provision of law or the provisions of any employment contract, during the control period— (i) all Level-Two Postal Service Executives shall serve at the pleasure of the Authority; (ii) the duties and responsibilities of all Level-Two Postal Service Executives, as well as the terms and conditions of their employment (including their compensation), shall be subject to determination or redetermination by the Authority; (iii) total compensation of a Level-Two Postal Service Executive may not, for the first full fiscal year occurring in such control period or any subsequent fiscal year commencing in such control period, exceed the annual rate of basic pay payable for level I of the Executive Schedule under section 5312 of title 5, United States Code, for that year; for purposes of this clause, the term total compensation means basic pay, bonuses, awards, and all other monetary compensation; (iv) the percentage by which the rate of basic pay of a Level-Two Postal Service Executive is increased during any year may not exceed the percentage change in the Consumer Price Index for All Urban Consumers, unadjusted for seasonal variation, for the most recent 12-month period available, except that, in the case of a Level-Two Postal Service Executive who has had a significant change in job responsibilities, a greater change shall be allowable if approved by the Authority; (v) apart from basic pay, a Level-Two Postal Service Executive may not be afforded any bonus, award, or other monetary compensation for any full fiscal year in the control period if expenditures of the Postal Service for such fiscal year exceeded revenues of the Postal Service for such fiscal year (determined in accordance with generally accepted accounting principles); and (vi) no deferred compensation may be paid, accumulated, or recognized in the case of any Level-Two Postal Service Executive, with respect to any full year in the control period, which is not generally paid, accumulated, or recognized in the case of employees of the United States (outside of the Postal Service) in level I of the Executive Schedule under section 5312 of title 5, United States Code, with respect to such year. (C) Bonus authority Section 3686 of title 39, United States Code, shall, during the period beginning on the commencement date of the control period and ending on the termination date of the control period— (i) be suspended with respect to all Level-Two Postal Service Executives; but (ii) remain in effect for all other officers and employees of the Postal Service otherwise covered by this section. (4) Certification requirement The control period may not terminate until after the Authority, with the concurrence of the Secretary of the Treasury and the Director of the Office of Personnel Management, certifies to the Director of the Office of Management and Budget that— (A) for 2 consecutive fiscal years (occurring after the date of enactment of this Act), expenditures of the Postal Service did not exceed revenues of the Postal Service (as determined in accordance with generally accepted accounting principles); (B) the Authority has approved a Postal Service financial plan and budget that shows expenditures of the Postal Service not exceeding revenues of the Postal Service (as so determined) for the fiscal year to which such budget pertains and each of the next 3 fiscal years; and (C) the Postal Service financial plan and budget (as referred to in subparagraph (B)) includes plans— (i) for the repayment of any collateralized debt authorized by section 503; and (ii) to properly fund Postal Service pensions and retiree health benefits in accordance with applicable provisions of title 5, United States Code. (5) Termination of control period (A) Termination date (i) General rule Except as provided in clause (ii), the control period shall terminate 180 days after the date on which the certification described in paragraph (4) is made. (ii) Alternative date (I) Authority The Director of the Office of Management and Budget may, by written notice given to the Authority within 15 days after the date on which the certification described in paragraph (4) is made, provide for an alternative termination date (in lieu of the date that would otherwise apply under clause (i)). (II) Range An alternative date under this clause shall not apply unless such date occurs not less than 30 days after the date on which written notice under subclause (I) is given and not later than 180 days after the date on which the certification described in paragraph (4) is made. (B) Public notice The Authority shall cause to be published in the Federal Register— (i) the date on which the certification described in paragraph (4) is made, not later than 1 business day after the date on which such certification is made; and (ii) the termination date of the control period, not later than 16 business days after the date on which the certification described in paragraph (4) is made. 203. Membership and qualification requirements (a) Membership (1) In general The Authority shall consist of 5 members appointed by the President who meet the qualifications described in subsection (b), except that the Authority may take any action under this subtitle at any time after the President has appointed the initial 4 of its members. Members of the Authority shall report to the Secretary of the Treasury. (2) Recommendations Of the 5 members so appointed— (A) 1 shall be appointed by the President taking into account any individuals recommended by the Speaker of the House of Representatives; (B) 1 shall be appointed by the President taking into account any individuals recommended by the majority leader of the Senate; (C) 1 shall be appointed by the President taking into account any individuals recommended by the minority leader of the House of Representatives; (D) 1 shall be appointed by the President taking into account any individuals recommended by the minority leader of the Senate; and (E) 1 shall be appointed by the President taking into account any individuals recommended by the Comptroller General. (3) Political affiliation No more than 3 members of the Authority may be of the same political party. (4) Chair The President shall designate 1 of the members of the Authority as the Chair of the Authority. (5) Sense of Congress regarding deadline for appointment It is the sense of Congress that the President should appoint the members of the Authority as soon as practicable after the date of enactment of this Act, but no later than 30 days after such date. (6) Term of service (A) In general Except as provided in subparagraph (B), each member of the Authority shall be appointed for a term of 3 years. (B) Appointment for term following initial term As designated by the President at the time of appointment for the term immediately following the initial term, of the members appointed for the term immediately following the initial term— (i) 1 member shall be appointed for a term of 1 year; (ii) 2 members shall be appointed for a term of 2 years; and (iii) 2 members shall be appointed for a term of 3 years. (C) Vacancies and succession Any member of the Authority appointed to fill a vacancy before the expiration of the term for which the predecessor of the member of the Authority was appointed shall serve for the remainder of such term. (D) Removal The President may remove any member of the Authority only for cause. (E) Compensation for service Each member of the Authority shall be paid for full-time service at a rate of pay equivalent to the rate of basic pay payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Qualification requirements (1) In general An individual meets the qualifications for membership on the Authority if the individual— (A) has significant knowledge and expertise in finance, management, and the organization or operation of businesses having more than 500 employees; and (B) represents the public interest generally, is not a representative of specific interests using or belonging to the Postal Service, and does not have any business or financial interest in any enterprise in the private sector of the economy engaged in the delivery of mail matter. (2) Specific conditions An individual shall not be considered to satisfy paragraph (1)(B) if, at any time during the 5-year period ending on the date of appointment, such individual— (A) has been an officer, employee, or private contractor with the Postal Service, United States Postal Service Inspector General, or the Postal Regulatory Commission; or (B) has served as an employee or contractor of a labor organization representing employees of the Postal Service, the United States Postal Service Inspector General, or the Postal Regulatory Commission. 204. Organization and staff (a) Adoption of bylaws for conducting business As soon as practicable after the appointment of its members, the Authority shall adopt bylaws, rules, and procedures governing its activities under this subtitle, including procedures for hiring experts and consultants. Upon adoption, such bylaws, rules, and procedures shall be submitted by the Authority to the Postmaster General, the President, and Congress. (b) Executive director and staff (1) Executive director The Authority shall have an Executive Director who shall be appointed by the Chair with the consent of the Authority. The Executive Director shall be paid at a rate determined by the Authority, except that such rate may not exceed the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (2) Staff With the approval of the Authority, the Executive Director may appoint and fix the pay of such additional personnel as the Executive Director considers appropriate, except that no individual appointed by the Executive Director may be paid at a rate greater than the rate of pay for the Executive Director. Personnel appointed under this paragraph shall serve at the pleasure of the Executive Director. (3) Inapplicability of certain civil service laws The Executive Director and staff of the Authority may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and paid 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. (4) Staff of Federal agencies Upon request of the Chair, the head of any Federal department or agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of such department or agency to the Authority to assist it in carrying out its duties under this subtitle. 205. Funding (a) General rule There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Authority. In requesting an appropriation under this section for a fiscal year, the Authority shall prepare and submit to the Congress under section 2009 of title 39, United States Code, a budget of the Authority’s expenses, including expenses for facilities, supplies, compensation, and employee benefits, not to exceed $10,000,000. (b) Initial rule Notwithstanding any other provision of this section, effective as of the date on which at least 4 members of the Authority have been appointed, there shall be available to the Authority, out of the Postal Service Fund, such sums as the Authority may require in order to carry out this subtitle, not to exceed the amount equal to the product obtained by multiplying— (1) the dollar amount specified in subsection (a), times (2) a fraction— (A) the numerator of which is the number of months remaining in the fiscal year as of the date on which at least 4 members of the Authority have been appointed (rounding any fraction of a month to the next highest whole number); and (B) the denominator of which is 12. (c) Amendment to section 2009 Section 2009 is amended in the next to last sentence— (1) by striking , and (3) and inserting , (3) ; and (2) by striking the period and inserting , and (4) the Postal Service Financial Responsibility and Management Assistance Authority requests to be appropriated, out of the Postal Service Fund, under section 205 of the Postal Reform Act of 2013 . . 206. Responsibilities and powers The exercise of the powers of the Postal Service shall be directed by the Authority, including— (1) all duties and responsibilities ascribed to the Governors and the Board of Governors by title 39, United States Code; (2) determining the overall strategies of the Postal Service; (3) hiring, monitoring, compensating, and, when necessary, replacing senior management at the level of vice president and higher, as well as ensuring adequate succession planning for these positions; (4) approving major policies, particularly those that have an important effect on the Postal Service’s financial position and the provision of universal postal service; (5) approving corporate budgets, financial and capital plans, operational and service performance standards and targets, human resource strategies, collective-bargaining strategies, negotiation parameters, collective-bargaining agreements, and the compensation structure for nonbargaining employees; (6) formulating and communicating organizational policy and positions on legislative and other public policy matters to Congress and the public; and (7) carrying out any responsibility, not otherwise listed in this section, that was the responsibility of the Board of Governors of the Postal Service at any time during the 5-year period ending on the date of enactment of this Act. 207. Development of financial plan and budget for the solvency of the Postal Service (a) Development of financial plan and budget For each fiscal year during a control period, the Postmaster General shall submit to the Authority, by August 1 before the start of such fiscal year, a financial plan and budget for such fiscal year for the long-term solvency of the Postal Service, except that, for fiscal year 2014, the deadline for submission of the plan and budget under this subsection shall be the 30th day after a majority of the Authority take office. If a majority of the Authority do not take office before August 1, 2014, the requirement for a financial plan and budget under this subsection for fiscal year 2014 is waived. (b) Contents of financial plan and budget A financial plan and budget under this section for a fiscal year shall specify the budget for the Postal Service as required by section 2009 of title 39, United States Code, for the applicable fiscal year and each of the next 3 fiscal years, in accordance with the following requirements: (1) The financial plan and budget shall meet the requirements described in subsection (c) to promote the financial stability of the Postal Service. (2) The financial plan and budget shall— (A) include the Postal Service’s annual budget program (under section 2009 of title 39, United States Code) and the Postal Service’s plan commonly referred to as its Integrated Financial Plan ; (B) describe lump-sum expenditures by all categories traditionally used by the Postal Service; (C) describe capital expenditures (together with a schedule of projected capital commitments and cash outlays of the Postal Service and proposed sources of funding); (D) contain estimates of overall debt (both outstanding and anticipated to be issued); and (E) contain cash flow and liquidity forecasts for the Postal Service at such intervals as the Authority may require. (3) The financial plan and budget shall include a statement describing methods of estimations and significant assumptions. (4) The financial plan and budget shall include any other provisions and shall meet such other criteria as the Authority considers appropriate to meet the purposes of this subtitle, including provisions for— (A) changes in personnel policies and levels for each component of the Postal Service; and (B) management initiatives to promote productivity, improvement in the delivery of services, or cost savings. (c) Requirements To promote financial stability (1) In general The requirements to promote the solvency and financial stability of the Postal Service applicable to the financial plan and budget for a fiscal year are as follows: (A) For fiscal year 2016 and each subsequent fiscal year during a control period, budgeted expenditures of the Postal Service for the fiscal year involved may not exceed budgeted revenues of the Postal Service for the fiscal year involved. (B) In each fiscal year where a financial plan and budget must be developed, the financial plan and budget shall provide for continuous, substantial progress toward long-term fiscal solvency of the Postal Service. (C) The financial plan and budget shall provide for the orderly repayment of any outstanding obligations authorized under section 503. (D) The financial plan and budget shall assure the continuing long-term solvency of the Postal Service, as indicated by factors such as the efficient management of the Postal Service’s workforce and the effective provision of services by the Postal Service. In so doing, the financial plan and budget shall consider— (i) the legal authority of the Postal Service; (ii) the changes in the legal authority and responsibilities of the Postal Service under this Act; (iii) any cost savings that the Postal Service anticipates will be achieved through negotiations with employees of the Postal Service; (iv) projected changes in mail volume; (v) the impact of regulations the Postal Service was required by law to promulgate; (vi) projected changes in the number of employees needed to carry out the responsibilities of the Postal Service; and (vii) the long-term capital needs of the Postal Service, including the need to maintain, repair, and replace facilities and equipment. (2) Application of sound budgetary practices In meeting the requirements described in paragraph (1) with respect to a financial plan and budget for a fiscal year, the Postal Service shall apply sound budgetary practices, including reducing costs and other expenditures, improving productivity, increasing revenues, or a combination of such practices. (3) Assumptions based on current law In meeting the requirements described in paragraph (1) with respect to a financial plan and budget for a fiscal year, the Postal Service shall base estimates of revenues and expenditures on Federal law as in effect at the time of the preparation of such financial plan and budget. (d) Definition For the purposes of this section, the term long-term solvency means the ability of the Postal Service over the long term to pay debts and meet expenses, including the ability to perform maintenance and repairs, make investments, and maintain financial reserves, as necessary to fulfill the requirements and comply with the policies of title 39, United States Code, and other obligations of the Postal Service. 208. Process for submission and approval of financial plan and budget (a) Review by the authority Upon receipt of a financial plan and budget required by section 207, the Authority shall promptly review such financial plan and budget. In conducting the review, the Authority may request any additional information it considers necessary and appropriate to carry out its duties. (b) Approval of postmaster general’s financial plan and budget (1) In general If the Authority determines that the final financial plan and budget for the fiscal year submitted by the Postmaster General under subsection (a) meets the requirements of section 207— (A) the Authority shall approve the financial plan and budget and shall provide the Postmaster General, the President, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform in the House of Representatives with a notice certifying its approval; and (B) the Postmaster General shall promptly submit the annual budget program for the relevant fiscal year to the Office of Management and Budget pursuant to section 2009 of title 39, United States Code. (2) Deemed approval after 30 days If the Authority has not provided the Postmaster General, the President, and Congress with a notice certifying approval under paragraph (1)(A) or a statement of disapproval under subsection (c) before the expiration of the 30-day period which begins on the date the Authority receives the financial plan and budget from the Postmaster General under subsection (a), the Authority shall be deemed to have approved the financial plan and budget and to have provided the Postmaster General, the President, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform in the House of Representatives with the notice certifying approval under paragraph (1)(A). (c) Disapproval of postmaster general’s financial plan and budget (1) In general If, after reviewing the financial plan and budget for a fiscal year submitted by the Postmaster General under subsection (a) in accordance with the procedures described in this section, the Authority determines that the revised final financial plan and budget does not meet the applicable requirements under section 207, the Authority shall— (A) disapprove the financial plan and budget; (B) provide the Postmaster General, the President, and Congress with a statement containing the reasons for such disapproval and describing the amount of any shortfall in the financial plan and budget; and (C) approve and recommend a financial plan and budget for the Postal Service which meets the applicable requirements under section 207, and submit such financial plan and budget to the Postmaster General, the President, the Committee on Homeland Security and Governmental Affairs in the Senate, and the Committee on Oversight and Government Reform in the House of Representatives. (2) Submission to OMB Upon receipt of the recommended financial plan and budget under paragraph (1)(C), the Postmaster General shall promptly submit the recommended annual budget program to the Office of Management and Budget pursuant to section 2009 of title 39, United States Code. (d) Deadline for transmission of financial plan and budget by the Authority Notwithstanding any other provision of this section, not later than September 30th before the start of each fiscal year for which a financial plan and budget is required, the Authority shall— (1) provide Congress with a notice certifying its approval of the Postmaster General’s financial plan and budget for the fiscal year under subsection (c); or (2) submit to Congress an approved and recommended financial plan and budget developed by the Authority for the fiscal year under subsection (c)(1)(C). (e) Revisions to financial plan and budget (1) Permitting postmaster general to submit revisions The Postmaster General may submit proposed revisions to the financial plan and budget for the control period to the Authority at any time during the fiscal year. (2) Process for review, approval, disapproval, and postmaster general action The procedures described in subsections (b), (c), and (d) shall apply with respect to a proposed revision to a financial plan and budget in the same manner as such procedures apply with respect to the original financial plan and budget. (f) Requirements of the Authority (1) In general It shall be the policy of the Authority to direct the Postal Service to take any action necessary and permitted by law to ensure that the approved financial plan and budget is fully implemented over the course of each fiscal year and that the budgetary goals for expenses and revenues are achieved. (2) Additional fiduciary actions In addition to paragraph (1), the Authority shall take any additional actions it deems necessary and permitted by law to ensure the requirements of the financial plan and budget are achieved in practice so that the total revenue of the Postal Service exceeds its total operating expenses for the full fiscal year not later than fiscal year 2016 and each fiscal year thereafter. Such actions may include accelerating the conversion of door delivery points to more cost-effective delivery methods, the consolidation of additional mail processing facilities, transition to a 2-day or 3-day First-Class Mail delivery standard for the continental United States, and any other action consistent with this Act and the provisions of title 39, United States Code. For the purposes of this paragraph, the term total operating expenses refers to all categories of expenses identified under that term in the Report on Form 10–K filed by the Postal Service for fiscal year 2012. 209. Dissolution of the Authority; reconstitution of the Board of Governors (a) In general Effective as of the date on which the control period terminates (as determined under section 202(b)(5))— (1) the Authority is dissolved; and (2) section 202 of title 39, United States Code (as amended by section 202(b)(2)(A) of this Act) is amended by inserting after the section heading the following: (a) (1) The exercise of the power of the Postal Service shall be directed by a Board of Governors composed of 5 members appointed in accordance with this section. The members, to be known as Governors, shall be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 of the Governors may be adherents of the same political party. The Governors shall elect a Chairman from among the individual Governors. The Governors shall represent the public interest generally, and shall be chosen solely on the basis of their experience in the field of public administration, law, or accounting, or on their demonstrated ability in managing organizations or corporations (in either the public or private sector) of substantial size; except that at least 3 of the Governors shall be chosen solely on the basis of their demonstrated ability in managing organizations or corporations (in either the public or private sector) that employ at least 10,000 employees. The Governors shall not be representatives of specific interests using the Postal Service, and may be removed only for cause. Each Governor shall receive a salary of $30,000 a year plus $300 a day for not more than 42 days of meetings each year and shall be reimbursed for travel and reasonable expenses incurred in attending meetings of the Board. Nothing in the preceding sentence shall be construed to limit the number of days of meetings each year to 42 days. (2) In selecting the individuals described in paragraph (1) for nomination for appointment to the position of Governor, the President should consult with 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. (3) Not later than 60 days after the end of each fiscal year, the Board of Governors shall submit an itemized report describing all travel and reimbursable business travel expenses paid to each Governor when performing Board duties to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The report submitted under this paragraph shall include a detailed justification for any travel or reimbursable business travel expense that deviates from the Board’s travel and reimbursable business travel expense policies and guidelines under paragraph (1). (b) (1) The terms of the 5 Governors shall be 7 years, except that— (A) upon the reconstitution of the Board of Governors pursuant to the Postal Reform Act of 2013 — (i) the 5 members last comprising the Postal Service Financial Responsibility and Management Assistance Authority before the termination of the control period (as defined in section 202(b)(1) of the Postal Reform Act of 2013 ) shall become the initial members of the reconstituted Board of Governors; and (ii) the term of each of the 5 respective individuals under clause (i) shall expire at the end of the term which would have applied with respect to that individual, if— (I) the control period (as so defined) had not terminated; and (II) such individual had remained a member of the Postal Service Financial Responsibility and Management Assistance Authority; and (B) the terms of the Governors first taking office after the initial Governors of the reconstituted Board (as described in subparagraph (A)) shall be as fixed by the President at the time of their appointment, except that each such term— (i) shall be for a period of years not less than 3 years and not more than 7 years; and (ii) shall be fixed such that the term of not more than 1 Governor is thereafter scheduled to expire in any calendar year (determined disregarding the term of an initial Governor expiring as described in subparagraph (A)(ii)). (2) Any Governor appointed to fill a vacancy before the expiration of the term for which his predecessor was appointed shall serve for the remainder of such term. A Governor may continue to serve after the expiration of his term until his successor has qualified, but not to exceed 1 year. (3) No person may serve more than 14 years as a Governor. For purposes of the preceding sentence, there shall be taken into account any period served as a member of— (A) the Postal Service Financial Responsibility and Management Assistance Authority; or (B) the Board of Governors, as constituted before the start of the control period. . (b) Conforming amendments (1) Section 102(3) is amended by striking 9 and inserting 5 ; and (2) Section 205(c) is amended by striking all after present, and and inserting an absolute majority of the Governors in office shall constitute a quorum for the transaction of business by the Board. . B Other Matters 211. Appointment of the Postal Service Inspector General (a) Appointment of Inspector General of the Postal Service by President The Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in section 8G— (A) in subsection (a)— (i) in paragraph (2), by striking the Postal Regulatory Commission, and the United States Postal Service and inserting and the Postal Regulatory Commission ; (ii) in paragraph (3), by striking subsection (h)(1) and inserting subsection (g)(1) ; and (iii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking subsection (h)(1) and inserting subsection (g)(1) ; (II) by striking subparagraph (B); and (III) by redesignating subparagraphs (C) through (H) as subparagraphs (B) through (G), respectively; (B) in subsection (c), by striking Except as provided under subsection (f) of this section, the and inserting The ; (C) by striking subsection (f); and (D) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; (2) by inserting after section 8L the following: 8M. Special provisions concerning the Inspector General of the United States Postal Service (a) Oversight of Postal Inspection Service In carrying out the duties and responsibilities specified in this Act, the Inspector General of the United States Postal Service (in this section referred to as the Inspector General ) shall have oversight responsibility for all activities of the Postal Inspection Service, including any internal investigation performed by the Postal Inspection Service. The Chief Postal Inspector shall promptly report the significant activities being carried out by the Postal Inspection Service to such Inspector General. (b) Supervision; additional duties and responsibilities; report (1) Authority, direction, and control (A) Audits, investigations, subpoenas The Inspector General shall be under the authority, direction, and control of the Governors with respect to audits or investigations, or the issuance of subpoenas, which require access to sensitive information concerning— (i) ongoing civil or criminal investigations or proceedings; (ii) undercover operations; (iii) the identity of confidential sources, including protected witnesses; (iv) intelligence or counterintelligence matters; or (v) other matters the disclosure of which would constitute a serious threat to national security. (B) Authority of Governors With respect to the information described under subparagraph (A), the Governors may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the Governors determine that such prohibition is necessary to prevent the disclosure of any information described under subparagraph (A) or to prevent the significant impairment to the national interests of the United States. (C) Notice required If the Governors exercise any power under subparagraph (A) or (B), the Governors shall notify the Inspector General in writing stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General shall transmit a copy of such notice to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives, and to other appropriate committees or subcommittees of the Congress. (2) Additional duties and responsibilities In carrying out the duties and responsibilities specified in this Act, the Inspector General— (A) may initiate, conduct, and supervise such audits and investigations in the United States Postal Service as the Inspector General considers appropriate; and (B) shall give particular regard to the activities of the Postal Inspection Service with a view toward avoiding duplication and insuring effective coordination and cooperation. (3) Report required Any report required to be transmitted by the Governors to the appropriate committees or subcommittees of the Congress under section 5(d) shall also be transmitted, within the seven-day period specified under such section, to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. (c) Governors defined As used in this section, the term Governors has the meaning given such term by section 102(3) of title 39, United States Code. (d) Authorization of appropriations There are authorized to be appropriated, out of the Postal Service Fund, such sums as may be necessary for the Office of Inspector General of the United States. ; and (3) in section 12— (A) in paragraph (1), by striking or the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code and inserting the Federal Cochairpersons of the Commissions established under section 15301 of title 40, United States Code; or the Board of Governors of the United States Postal Service ; and (B) in paragraph (2), by striking or the Commissions established under section 15301 of title 40, United States Code and inserting the Commissions established under section 15301 of title 40, United States Code, or the United States Postal Service . (b) Technical and conforming amendments Title 39, United States Code, is amended— (1) in section 102(4), by striking section 202(e) of this title and inserting section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) ; (2) in section 1001(b), in the first sentence, by inserting and section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) after 1001(c) of this title ; (3) in section 1003(a), by striking 8G and inserting 8M ; (4) in section 1005(a)(3), by inserting and section 3 of the Inspector General Act of 1978 (5 U.S.C. App.) after 1001(c) of this title ; (5) in section 2003(e) by striking 8G(f) and inserting 8M(d) ; and (6) in section 2009 by striking 8G(f) and inserting 8M(d) . (c) Applicability (1) In general The amendments made by this section shall apply with respect to the first individual appointed as Inspector General of the Postal Service after the date of enactment of this Act. (2) Rule of construction Nothing in this Act may be construed to alter the authority or the length of the term of the individual serving as Inspector General of the Postal Service on the date of enactment of this Act. 212. Membership of the Board of Governors (a) Postmaster General Section 202(c) is amended to read as follows: (c) The Governors shall appoint and shall have the power to remove the Postmaster General. His pay and term of service shall be fixed by the Governors. . (b) Deputy Postmaster General Section 202(d) is amended to read as follows: (d) The Governors shall appoint and shall have the power to remove the Deputy Postmaster General. His term of service shall be fixed by the Governors and the Postmaster General and his pay by the Governors. . III Postal Service Workforce 301. Applicability of reduction-in-force procedures Section 1206 is amended by adding at the end the following: (d) Collective-bargaining agreements between the Postal Service and bargaining representatives recognized under section 1203, ratified after the date of enactment of this subsection, shall contain no provision restricting the applicability of reduction-in-force procedures under title 5 with respect to members of the applicable bargaining unit. (e) (1) If a collective-bargaining agreement between the Postal Service and bargaining representatives recognized under section 1203, ratified after the date of enactment of this subsection, includes reduction-in-force procedures which can be applied in lieu of reduction-in-force procedures under title 5, the Postal Service may, in its discretion, apply with respect to members of the applicable bargaining unit— (A) the alternative procedures (or, if 2 or more are agreed to, 1 of the alternative procedures); or (B) the reduction-in-force procedures under title 5. (2) In no event may, if procedures for the resolution of a dispute or impasse arising in the negotiation of a collective-bargaining agreement (whether through binding arbitration or otherwise) are invoked under this chapter, the award or other resolution reached under such procedures provide for the elimination of, or the substitution of any alternative procedures in lieu of, reduction-in-force procedures under title 5. . 302. Postal Service FEHBP and FEGLI funding requirements Section 1005(d)(1) is amended— (1) in the first sentence, by striking chapters 83 and 84 and inserting chapters 83, 84, 87, and 89 ; and (2) by adding at the end the following: Beginning not later than January 1, 2020, the Postal Service shall withhold from pay and shall pay into the Employees Life Insurance Fund and the Employee Health Benefits Fund the amounts specified in or determined under chapters 87 and 89, respectively. . 303. Repeal of provision relating to overall value of fringe benefits The last sentence of section 1005(f) is repealed. 304. Modifications relating to determination of pay comparability (a) Postal policy The first sentence of section 101(c) is amended— (1) by inserting total before rates and types of compensation ; and (2) by inserting entire before private sector . (b) Employment policy The second sentence of section 1003(a) is amended— (1) by inserting total before compensation and benefits each place it appears; and (2) by inserting entire before private sector . (c) Considerations For purposes of the amendments made by this section, any determination of total rates and types of compensation or total compensation and benefits shall, at a minimum, take into account pay, health benefits, retirement benefits, life insurance benefits, leave, holidays, and continuity and stability of employment. 305. Last-best-final-offer negotiations Section 1207 is amended by striking subsections (c) and (d) and inserting the following: (c) (1) If no agreement is reached within 30 days after the appointment of a mediator under subsection (b), or if the parties decide upon arbitration before the expiration of the 30-day period, an arbitration board shall be established consisting of 1 member selected by the Postal Service (from the list under paragraph (2)), 1 member selected by the bargaining representative of the employees (from the list under paragraph (2)), and the mediator appointed under subsection (b). (2) Upon receiving a request from either of the parties referred to in paragraph (1), the Director of the Federal Mediation and Conciliation Service shall provide a list of not less than 9 individuals who are well qualified to serve as neutral arbitrators. Each person listed shall be an arbitrator of nationwide reputation and professional nature, a member of the National Academy of Arbitrators, and an individual whom the Director has determined to be willing and available to serve. If, within 7 days after the list is provided, either of the parties has not selected an individual from the list, the Director shall make the selection within 3 days. (3) The arbitration board shall give the parties a full and fair hearing, including an opportunity to present evidence in support of their claims, and an opportunity to present their case in person, by counsel, or by other representative as they may elect. The hearing shall be concluded no more than 40 days after the arbitration board is established. (4) No more than 7 days after the hearing is concluded, each party shall submit to the arbitration board 2 offer packages, each of which packages shall specify the terms of a proposed final agreement. (5) If no agreement is reached within 7 days after the last day allowable for the submission of an offer package under paragraph (4), each party shall submit to the arbitration board a single, final offer package specifying the terms of a proposed final agreement. (6) No later than 3 days after the submission of the final offer packages under paragraph (5), the arbitration board shall select 1 of those packages as its tentative award, subject to paragraph (7). (7) (A) The arbitration board may not select a final offer package under paragraph (6) unless it satisfies each of the following: (i) The offer complies with the requirements of sections 101(c) and 1003(a). (ii) The offer takes into account the current financial condition of the Postal Service. (iii) The offer takes into account the long-term financial condition of the Postal Service. (B) (i) If the board unanimously determines, based on clear and convincing evidence presented during the hearing under paragraph (3), that neither final offer package satisfies the conditions set forth in subparagraph (A), the board shall by majority vote— (I) select the package that best meets such conditions; and (II) modify the package so selected to the minimum extent necessary to satisfy such conditions. (ii) If modification (as described in subparagraph (B)(i)(II)) is necessary, the board shall have an additional 7 days to render its tentative award under this subparagraph. (8) The parties may negotiate a substitute award to replace the tentative award selected under paragraph (6) or rendered under paragraph (7) (as the case may be). If no agreement on a substitute award is reached within 10 days after the date on which the tentative award is so selected or rendered, the tentative award shall become final. (9) The arbitration board shall review any substitute award negotiated under paragraph (8) to determine if it satisfies the conditions set forth in paragraph (7)(A). If the arbitration board, by a unanimous vote taken within 3 days after the date on which the agreement on the substitute award is reached under paragraph (8), determines that the substitute award does not satisfy such conditions, the tentative award shall become final. In the absence of a vote, as described in the preceding sentence, the substitute agreement shall become final. (10) If, under paragraph (5), neither party submits a final offer package by the last day allowable under such paragraph, the arbitration board shall develop and issue a final award no later than 20 days after such last day. (11) A final award or agreement under this subsection shall be conclusive and binding upon the parties. (12) Costs of the arbitration board and mediation shall be shared equally by the Postal Service and the bargaining representative. (d) In the case of a bargaining unit whose recognized collective-bargaining representative does not have an agreement with the Postal Service, if the parties fail to reach agreement within 90 days after the commencement of collective bargaining, a mediator shall be appointed in accordance with the provisions of subsection (b), unless the parties have previously agreed to another procedure for a binding resolution of their differences. If the parties fail to reach agreement within 180 days after the commencement of collective bargaining, an arbitration board shall be established to provide conclusive and binding arbitration in accordance with the provisions of subsection (c). . 306. Postal Service workers’ compensation reform (a) In general Effective 12 months after the triggering date of this section (as defined in subsection (e)(2)), section 1005 is amended by striking subsection (c) and inserting the following: (c) (1) For purposes of this subsection— (A) the term postal employee means an officer or employee of the Postal Service or the former Post Office Department; and (B) the term retirement age has the meaning given such term under section 216(l)(1) of the Social Security Act. (2) The Postal Service shall design and administer a program for the payment of benefits for the disability or death of an individual resulting from personal injury sustained while in the performance of such individual’s duties as a postal employee. (3) The program under this subsection— (A) shall be designed by the Postal Service in consultation with appropriate employee representatives; (B) shall not provide for any amount payable to a disabled postal employee to be augmented on the basis of number of dependents; and (C) shall include provisions for automatic transition, upon attainment of retirement age, to benefits involving, coordinated with, or otherwise determined by reference to retirement benefits. . (b) Recommendations Not later than 6 months after the triggering date— (1) the Office of Personnel Management shall submit to the appropriate committees of Congress recommendations for any legislation or administrative actions which the Office considers necessary to carry out the purposes of this section with respect to any matter within the jurisdiction of the Office, including any amendments which may be necessary with respect to chapter 87 or 89 of title 5, United States Code; and (2) the Postal Service shall submit to the appropriate committees of Congress recommendations for any legislation which the Postal Service considers necessary to carry out the purposes of this section with respect to any matter within the jurisdiction of the Postal Service. (c) Notification requirements Not later than 9 months after the triggering date, the Postal Service shall submit to the appropriate committees of Congress and shall cause to be published in the Federal Register a description of the program proposed by the Postal Service for implementation under section 1005(c) of title 39, United States Code, as amended by subsection (a). Included in the notification provided under the preceding sentence shall be— (1) a detailed statement of the benefits to be offered and the persons eligible to receive those benefits; (2) provisions to ensure an orderly transition to the system proposed to be implemented; and (3) such other information as the Postal Service considers appropriate. (d) Commencement date The program under section 1005(c) of title 39, United States Code, as amended by subsection (a)— (1) shall begin to operate on such date as the Postmaster General shall determine, except that such date shall be a date occurring— (A) not earlier than 12 months after the triggering date; and (B) not later than 24 months after the triggering date; and (2) shall apply with respect to amounts payable for periods beginning on or after the date on which the program begins to operate, irrespective of date of the disability or death to which such amounts relate. (e) Condition precedent (1) In general The preceding provisions of this section shall not become effective until the date on which the Postal Service Financial Responsibility and Management Assistance Authority (established under section 202)— (A) makes a written determination that conditions warrant their implementation; and (B) submits such written determination to the Postal Service, the Office of Personnel Management, and the appropriate committees of Congress. (2) Triggering date For purposes of this section, the term triggering date of this section or triggering date means the date described in paragraph (1). (f) Appropriate committees of Congress defined For purposes of this section, the term appropriate committees of Congress means— (1) the Committee on Oversight and Government Reform of the House of Representatives; and (2) the Committee on Homeland Security and Governmental Affairs of the Senate. 307. Reporting requirement (a) In general Chapter 10 is amended by adding at the end the following: 1012. Official time reporting (a) Not later than March 31 of each calendar year, the Postal Service, in consultation with the Office of Management and Budget, shall submit to each House of Congress a report on the operation of this section during the fiscal year last ending before the start of such calendar year. (b) Each report by the Postal Service under this subsection shall include, with respect to the fiscal year described in subsection (a), at least the following information: (1) The total amount of official time granted to employees. (2) The average amount of official time expended per bargaining unit employee. (3) The specific types of activities or purposes for which official time was granted, and the impact which the granting of such official time for such activities or purposes had on agency operations. (4) The total number of employees to whom official time was granted, and, of that total, the number who were not engaged in any activities or purposes except activities or purposes involving the use of official time. (5) The total amount of compensation (including fringe benefits) afforded to employees in connection with activities or purposes for which they were granted official time. (c) All information included in a report by the Postal Service under this subsection with respect to a fiscal year— (1) shall be shown both for each supervisory and managerial organization recognized under section 1004 and labor organization recognized under section 1203 and for all organizations together; and (2) shall be accompanied by the corresponding information (submitted by the Postal Service in its report under this subsection) for the fiscal year before the fiscal year to which such report pertains, together with appropriate comparisons and analyses. (d) For purposes of this subsection, the term official time means any period of time, regardless of Postal Service nomenclature— (1) which may be granted to an employee under this chapter or chapter 12 (including a collective-bargaining agreement entered into under chapter 12) to perform representational or consultative functions; and (2) during which the employee would otherwise be in a duty status. . (b) Applicability The amendment made by subsection (a) shall be effective beginning with the report which, under the provisions of such amendment, is first required to be submitted by the Postal Service to each House of Congress by a date which occurs at least 6 months after the date of the enactment of this Act. (c) Clerical amendment The table of sections for chapter 10 is amended by adding at the end the following: 1012. Official time reporting. . IV Postal Service Revenue 401. Adequacy, efficiency, and fairness of postal rates (a) In general Section 3622(d) is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) through (E) as subparagraphs (D) through (G), respectively; and (B) by inserting after subparagraph (A) the following: (B) subject to the limitation under subparagraph (A), establish postal rates to fulfill the requirement that each market-dominant class, product, and type of mail service (except for an experimental product or service) bear the direct and indirect postal costs attributable to such class, product, or type through reliably identified causal relationships plus that portion of all other costs of the Postal Service reasonably assignable to such class, product, or type; (C) establish postal rates for each group of functionally equivalent agreements between the Postal Service and users of the mail that— (i) cover attributable cost; (ii) improve the net financial position of the Postal Service; and (iii) do not cause unreasonable disruption in the marketplace, consistent with subsection (c)(10)(B); for purposes of this subparagraph, a group of functionally equivalent agreements shall consist of all service agreements that are functionally equivalent to each other within the same market-dominant product, but shall not include agreements within an experimental product; ; (2) in paragraph (3), by striking subsection (c), and inserting subsection (c) and the provisions of title IV of the Postal Reform Act of 2013 , ; and (3) by adding at the end the following: (4) PRC study (A) In general Within 90 days after the end of the first fiscal year beginning after the date of enactment of the Postal Reform Act of 2013, the Postal Regulatory Commission shall complete a study to determine the quantitative impact of the Postal Service’s excess capacity on the direct and indirect postal costs attributable to any class that bears less than 100 percent of its costs attributable (as described in paragraph (1)(B)), according to the most recent annual determination of the Postal Regulatory Commission under section 3653. (B) Requirements The study required under subparagraph (A) shall— (i) be conducted pursuant to regulations that the Postal Regulatory Commission shall prescribe within 90 days after the date of enactment of the Postal Reform Act of 2013, taking into account existing regulations for proceedings to improve the quality, accuracy, or completeness of ratemaking information under section 3652(e)(2) in effect on such date; and (ii) for any year in which any class of mail bears less than 100 percent of its costs attributable (as described in paragraph (1)(B)), be updated annually by the Postal Service and included in its annual report to the Commission under section 3652, using such methodologies as the Commission shall by regulation prescribe. (5) Additional rates Starting not earlier than 12 months and not later than 18 months after the date on which the first study described in paragraph (4) is completed, and at least once in each subsequent 12-month period, the Postal Service shall establish postal rates for each loss-making class of mail to eliminate such losses (other than those caused by the Postal Service’s excess capacity) by exhausting all unused rate authority as well as maximizing incentives to reduce costs and increase efficiency, subject to the following: (A) The term loss-making , as used in this paragraph with respect to a class of mail, means a class of mail that bears less than 100 percent of its costs attributable (as described in paragraph (1)(B)), according to the most recent annual determination of the Postal Regulatory Commission under section 3653, adjusted to account for the quantitative effect of excess capacity on the costs attributable of the class. (B) Unused rate authority shall be annually increased by 2 percentage points for each class of mail that bears less than 90 percent of its costs attributable (as described in paragraph (1)(B)), according to the most recent annual determination of the Postal Regulatory Commission under section 3653, adjusted to account for the quantitative effect of excess capacity on the costs attributable of the class, with such increase in unused rate authority to take effect 30 days after the date that the Commission issues such determination. . (b) Exception Section 3622(d) is amended by adding after paragraph (5) (as added by subsection (a)(2)) the following: (6) Exception The requirements of paragraph (1)(B) shall not apply to a market-dominant product for which a substantial portion of the product’s mail volume consists of inbound international mail with terminal dues rates determined by the Universal Postal Union (and not by bilateral agreements or other arrangements). . 402. Repeal of rate preferences for qualified political committees Subsection (e) of section 3626 is repealed. 403. Use of negotiated service agreements (a) Streamlined review of qualifying service agreements for competitive products Section 3633 is amended by adding at the end the following: (c) Streamlined review Not later than 90 days after the date of enactment of this subsection, after notice and opportunity for comment, the Postal Regulatory Commission shall promulgate (and may from time to time thereafter revise) regulations for streamlined after-the-fact review of newly proposed agreements between the Postal Service and users of the mail that provide rates not of general applicability for competitive products. Streamlined review shall apply only if agreements are functionally equivalent to existing agreements that have collectively covered attributable costs and collectively improved the net financial position of the Postal Service. The regulations issued under this subsection shall provide that streamlined review shall be concluded not later than 5 business days after the date on which the agreement is filed with the Commission and shall be limited to approval or disapproval of the agreement as a whole based on the Commission’s determination of its functional equivalence. Agreements not approved may be resubmitted without prejudice under section 3632. . (b) Submission of service agreements for streamlined review Section 3632(b) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Rates for streamlined review In the case of rates not of general applicability for competitive products that the Postmaster General considers eligible for streamlined review under section 3633(c), the Postmaster General shall cause the agreement to be filed with the Postal Regulatory Commission by a date that is on or before the effective date of any new rate established under the agreement, as the Postmaster General considers appropriate. . (c) Transparency and accountability for service agreements (1) Certain information required to be included in determinations of compliance Section 3653 is amended— (A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and (B) by inserting after subsection (b) the following: (c) Written determination Each annual written determination of the Commission under this section shall include the following: (1) Requirements For each group of functionally equivalent agreements between the Postal Service and users of the mail, whether such group fulfilled requirements to— (A) cover costs attributable; and (B) improve the net financial position of the Postal Service. (2) Noncompliance Any group of functionally equivalent agreements not meeting subparagraphs (A) and (B) of paragraph (1) shall be determined to be in noncompliance under this subsection. (3) Definition For purposes of this subsection, a group of functionally equivalent agreements shall consist of 1 or more service agreements that are functionally equivalent to each other within the same market-dominant or competitive product, but shall not include agreements within an experimental product. . (2) Criteria for special classifications relating to market-dominant products (A) Amendment Section 3622(c)(10) is amended by striking subparagraphs (A) and (B) and inserting the following: (A) improve the net financial position of the Postal Service by reducing Postal Service costs or increasing the overall contribution to the institutional costs of the Postal Service; and (B) do not cause— (i) unfair competitive advantage for the Postal Service or postal users eligible for the agreements; or (ii) unreasonable disruption to the volume or revenues of other postal users. . (B) Applicability The amendment made by subparagraph (A) shall take effect on the date of enactment of this Act and shall apply with respect to an agreement that— (i) is filed with the Commission on or after such date of enactment; or (ii) is remanded to the Commission by a court on or after such date of enactment. 404. Nonpostal services (a) Nonpostal services (1) In general Part IV is amended by adding after chapter 36 the following: 37 Nonpostal Services Sec. 3701. Purpose. 3702. Definitions. 3703. Postal Service advertising program. 3704. Postal Service program for State governments. 3705. Postal Service program for other government agencies. 3706. Transparency and accountability for nonpostal services. 3701. Purpose This chapter is intended to enable the Postal Service to increase its net revenues through specific nonpostal products and services that are expressly authorized by this chapter. Postal Service revenues and expenses under this chapter shall be funded through the Postal Service Fund. 3702. Definitions As used in this chapter— (1) the term nonpostal services is limited to services offered by the Postal Service that are expressly authorized by this chapter and are not postal products or services; (2) the term attributable costs has the same meaning as is given such term in section 3631; and (3) the term year means a fiscal year. 3703. Postal Service advertising program Notwithstanding any other provision of this title, the Postal Service may establish and manage a program that allows entities to advertise at Postal Service facilities, on Postal Service assets, and on Postal Service vehicles. Such a program shall be subject to the following requirements: (1) The Postal Service shall at all times ensure advertising it permits is consistent with the integrity of the Postal Service. (2) Any advertising program is required to cover a minimum of 200 percent of its attributable costs in each year. (3) All advertising expenditures and revenues are subject to annual compliance determination (including remedies for noncompliance) applicable to nonpostal products. (4) Total advertising expenditures and revenues must be disclosed in Postal Service annual reports. 3704. Postal Service program for State governments (a) In general Notwithstanding any other provision of this title, the Postal Service may establish a program to provide services for agencies of State governments within the United States, but only if such services— (1) shall provide enhanced value to the public, such as by lowering the cost or raising the quality of such services or by making such services more accessible; (2) do not interfere with or detract from the value of postal services, including— (A) the cost and efficiency of postal services; and (B) unreasonable access to postal retail service, such as customer waiting time and access to parking; and (3) provide a reasonable contribution to the institutional costs of the Postal Service, defined as reimbursement for each service and covering at least 150 percent of the attributable costs of such service in each year. (b) Public notice At least 90 days before offering any services under this section, the Postal Service shall make each agreement with State agencies readily available to the public on its Web site, including a business plan that describes the specific services to be provided, the enhanced value to the public, terms of reimbursement, the estimated annual reimbursement to the Postal Service, and the estimated percentage of attributable Postal Service costs that will be covered by reimbursement (with documentation to support these estimates). The Postal Service shall solicit public comment for at least 30 days, with comments posted on its Web site, followed by its written response posted on its Web site at least 30 days before offering such services. (c) Approval required The Governors of the Postal Service shall approve the provision of services under this section by a recorded vote, with at least 2/3 of its membership voting for approval, with the vote publicly disclosed on the Postal Service Web site. (d) Classification of services All services for a given agency provided under this section shall be classified as a separate activity subject to the requirements of annual reporting under section 3706. Such reporting shall also include information on the quality of service and related information to demonstrate that it satisfied the requirements of subsection (a). Information provided under this section shall be according to requirements that the Postal Regulatory Commission shall by regulation prescribe. (e) Definitions For the purpose of this section— (1) the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and (2) the term United States , when used in a geographical sense, means the States. 3705. Postal Service program for other government agencies (a) In general The Postal Service may establish a program to provide property and services for other government agencies within the meaning of section 411, but only if such program provides a reasonable contribution to the institutional costs of the Postal Service, defined as reimbursement by each agency that covers at least 100 percent of the attributable costs of all property and service provided by the Postal Service in each year to such agency. (b) Classification of services For each agency, all property and services provided by the Postal Service under this section shall be classified as a separate activity subject to the requirements of annual reporting under section 3706. Information provided under this section shall be according to requirements that the Postal Regulatory Commission shall by regulation prescribe. 3706. Transparency and accountability for nonpostal services (a) Annual reports to the Commission (1) In general The Postal Service shall, no later than 90 days after the end of each year, prepare and submit to the Postal Regulatory Commission a report (together with such nonpublic annex to the report as the Commission may require under subsection (b)) which shall analyze costs, revenues, rates, and quality of service for this chapter, using such methodologies as the Commission shall by regulation prescribe, and in sufficient detail to demonstrate compliance with all applicable requirements of this chapter. (2) Audits The Inspector General shall regularly audit the data collection systems and procedures utilized in collecting information and preparing such report. The results of any such audit shall be submitted to the Postal Service and the Postal Regulatory Commission. (b) Supporting matter The Postal Regulatory Commission shall have access, in accordance with such regulations as the Commission shall prescribe, to the working papers and any other supporting matter of the Postal Service and the Inspector General in connection with any information submitted under this section. (c) Content and form of reports (1) In general The Postal Regulatory Commission shall, by regulation, prescribe the content and form of the public reports (and any nonpublic annex and supporting matter relating to the report) to be provided by the Postal Service under this section. Such reports shall be included with the annual compliance determination reported under section 3653. In carrying out this subsection, the Commission shall give due consideration to— (A) providing the public with timely, adequate information to assess compliance; (B) avoiding unnecessary or unwarranted administrative effort and expense on the part of the Postal Service; and (C) protecting the confidentiality of information that is commercially sensitive or is exempt from public disclosure under section 552(b) of title 5. (2) Revised requirements The Commission may, on its own motion or on request of any interested party, initiate proceedings (to be conducted in accordance with regulations that the Commission shall prescribe) to improve the quality, accuracy, or completeness of Postal Service data required by the Commission under this subsection whenever it shall appear that— (A) the attribution of costs or revenues to property or services under this chapter has become significantly inaccurate or can be significantly improved; (B) the quality of service data provided to the Commission for annual reports under this chapter has become significantly inaccurate or can be significantly improved; or (C) such revisions are, in the judgment of the Commission, otherwise necessitated by the public interest. (d) Confidential information (1) In general If the Postal Service determines that any document or portion of a document, or other matter, which it provides to the Postal Regulatory Commission in a nonpublic annex under this section contains information which is described in section 410(c) of this title, or exempt from public disclosure under section 552(b) of title 5, the Postal Service shall, at the time of providing such matter to the Commission, notify the Commission of its determination, in writing, and describe with particularity the documents (or portions of documents) or other matter for which confidentiality is sought and the reasons therefor. (2) Treatment Any information or other matter described in paragraph (1) to which the Commission gains access under this section shall be subject to paragraphs (2) and (3) of section 504(g) in the same way as if the Commission had received notification with respect to such matter under section 504(g)(1). (e) Annual compliance determination (1) Opportunity for public comment After receiving the reports required under subsection (a) for any year, the Postal Regulatory Commission shall promptly provide an opportunity for comment on such reports by any interested party, and an officer of the Commission who shall be required to represent the interests of the general public. (2) Determination of compliance or noncompliance Not later than 90 days after receiving the submissions required under subsection (a) with respect to a year, the Postal Regulatory Commission shall make a written determination as to whether any nonpostal activities during such year were or were not in compliance with applicable provisions of this chapter (or regulations promulgated under this chapter). The Postal Regulatory Commission shall issue a determination of noncompliance if the requirements for coverage of attributable costs are not met. If, with respect to a year, no instance of noncompliance is found to have occurred in such year, the written determination shall be to that effect. (3) Noncompliance If, for a year, a timely written determination of noncompliance is made under this chapter, the Postal Regulatory Commission shall take appropriate action. If the requirements for coverage of attributable costs specified by this chapter are not met, the Commission shall, within 60 days after the determination, prescribe remedial action to restore compliance as soon as practicable, which shall also include the full restoration of revenue shortfalls during the following fiscal year. The Commission may order the Postal Service to discontinue a nonpostal service under section 3703 or 3704 that persistently fails to meet cost coverage requirements. (4) Deliberate noncompliance In addition, in cases of deliberate noncompliance by the Postal Service with the requirements of this chapter, the Postal Regulatory Commission may order, based on the nature, circumstances, extent, and seriousness of the noncompliance, a fine (in the amount specified by the Commission in its order) for each incidence of such noncompliance. All receipts from fines imposed under this subsection shall be deposited in the general fund of the Treasury of the United States. . (2) Clerical amendment The table of chapters at the beginning of part IV is amended by adding after the item relating to chapter 36 the following: 37. Nonpostal Services 3701 . (b) Conforming amendments (1) Section 404(e) Section 404(e) is amended by adding at the end the following: (6) Licensing which, before the date of enactment of this paragraph, has been authorized by the Postal Regulatory Commission for continuation as a nonpostal service may not be used for any purpose other than— (A) to continue to provide licensed mailing and shipping supplies offered as of June 23, 2011; or (B) to license other goods, products, or services, the primary purpose of which is to promote and enhance the image or brand of the Postal Service. (7) Nothing in this section shall be considered to prevent the Postal Service from establishing nonpostal products and services that are expressly authorized by chapter 37. . (2) Section 409 Section 409(f) is amended by inserting at the end the following: (7) The provisions of this section shall not apply to any outdoor advertising structure or sign constructed, installed, operated, or maintained on a facility or asset owned or operated by the Postal Service except in a jurisdiction in which posting of off premise advertising signs for all persons, entities, governmental agencies, and others is prohibited by law. . (3) Section 411 The last sentence of section 411 is amended by striking including reimbursability and inserting including reimbursability within the limitations of chapter 37 . (4) Treatment of existing nonpostal services All individual nonpostal services, provided directly or through licensing, that are continued pursuant to section 404(e) of title 39, United States Code, shall be considered to be expressly authorized by chapter 37 of such title (as added by subsection (a)(1)) and shall be subject to the requirements of such chapter. 405. Alaska bypass mail modernization (a) Fair competition for Alaska bypass mail (1) In general Section 5402 is amended— (A) in subsection (g)(4)— (i) in subparagraph (A), by striking existing ; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking an existing mainline carrier and inserting a carrier permitted under subparagraph (A) ; and (II) in clause (i), by striking existing mainline carriers and inserting mainline carriers providing service ; and (iii) in subparagraph (C), by striking existing ; (B) in subsection (g)(5)— (i) in subparagraph (A), by striking new ; (ii) in subparagraph (B), by striking new ; and (iii) in subparagraph (C), by striking new ; (C) in subsection (h)(3)(A), by striking new or existing ; and (D) in subsection (i)(3), by striking new . (2) Conforming amendment Paragraphs (12) and (15) of section 5402(a) are repealed. (b) Reduction of Alaska bypass mail subsidy (1) In general Chapter 54 is amended by adding at the end the following: 5404. Reduction of Alaska bypass mail subsidy (a) Competitive product classification (1) In general Except as provided in this section, Alaska bypass mail service under section 5402 shall be treated as a separate competitive product for all purposes. (2) Transfer prohibited No part of Alaska bypass mail service may be transferred to the market-dominant category of mail under section 3642. (3) Limitations Alaska bypass mail service shall not be treated as a competitive product for purposes of the implementation of sections 3633(a) and 3634. (b) Minimum cost coverage (1) In general The Postal Service shall establish and maintain rates and fees for matter sent by Alaska bypass mail service— (A) for fiscal year 2014, that cover at least 30 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (B) for fiscal year 2015, that cover at least 35 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (C) for fiscal year 2016, that cover at least 40 percent of the costs attributable to Alaska bypass mail service in that fiscal year; (D) for fiscal year 2017, that cover at least 45 percent of the costs attributable to Alaska bypass mail service in that fiscal year; and (E) for fiscal year 2018 and for each fiscal year thereafter, that cover at least 50 percent of the costs attributable to Alaska bypass mail service in the applicable fiscal year. (2) Costs attributable The costs attributable to Alaska bypass mail service for a fiscal year shall include all the direct and indirect costs of Alaska bypass mail service during that fiscal year that are attributable to that service through reliably identified causal relationships. (3) Institutional costs Costs that can be attributed to Alaska bypass mail service may not be classified as institutional costs of the Postal Service. (c) Compliance (1) Annual review At least once each fiscal year, the Postal Regulatory Commission shall determine whether the Postal Service is in compliance with the requirements under subsection (b). (2) Remedial actions If, under paragraph (1), the Postal Regulatory Commission determines that the Postal Service has not complied with the requirements under subsection (b) with respect to a fiscal year, the Commission shall prescribe, not later than 60 days after making such determination, actions to ensure— (A) the establishment and maintenance of rates and fees for Alaska bypass mail service that recover any costs required to have been covered for such fiscal year under subsection (b), but that were not covered, by the date that is not later than the last day of the fiscal year that follows such fiscal year; and (B) compliance with the requirements under subsection (b) in subsequent fiscal years. (3) Limitation The Postal Regulatory Commission may not order the Postal Service to discontinue Alaska bypass mail service. (4) Regulations Not later than 90 days after the date of enactment of this subsection, the Postal Regulatory Commission shall issue regulations to implement this subsection. . (2) Clerical amendment The table of sections for chapter 54 is amended by adding at the end the following: 5404. Reduction of Alaska bypass mail subsidy. . 406. Appropriations modernization (a) In general Section 2401 is amended by striking subsections (b) through (d). (b) Effective date The amendment made by subsection (a) shall be effective with respect to fiscal years beginning after the date of enactment of this Act. (c) Conforming amendment Section 3627 is repealed. 407. Enhanced product innovation (a) Dollar-Amount limitation relating to market tests of experimental products Section 3641(e)(1) is amended by striking $10,000,000 and inserting $50,000,000 . (b) Dollar-Amount limitation relating to exemption authority Section 3641(e)(2) is amended by striking $50,000,000 and inserting $100,000,000 . V Postal Service Finance 501. Treatment of Postal Service postemployment benefit funding projected surpluses Section 8423(b)(4) of title 5, United States Code, is amended by adding at the end the following: (C) Not later than 30 days after the end of each fiscal year, the Office of Personnel Management shall transfer from Postal Service Federal Employee Retirement System monies within the Civil Service Retirement and Disability Fund to the Postal Service Retiree Health Benefits Fund an amount equal to the negative supplemental liability (if any), as calculated under paragraph (1)(B), for the most recent fiscal year available, less the sum of— (i) the Postal supplemental liability, calculated under section 8348(h), for the same fiscal year (if any); and (ii) any contribution required by this section that the Postal Service has not made between the close of the fiscal year of the calculation under paragraph (1)(B) and the close of the most recent fiscal year, as determined by the Office of Personnel Management. . 502. Retiree health benefit liability payment schedule (a) In general Sub section 8909a(d) of title 5, United States Code, is amended— (1) in paragraph (2)(B), by striking 2017 and inserting 2015 ; and (2) in paragraph (3)— (A) in subparagraph (A)— (i) in clause (iii), by adding and at the end; (ii) in clause (iv), by striking the semicolon at the end and inserting a period; and (iii) by striking clauses (v) through (x); and (B) in subparagraph (B), by striking 2017 and inserting 2015 . (b) Conforming amendment Section 8906(g)(2)(A) of title 5, United States Code, is amended by striking 2016 and inserting 2014 . (c) Technical correction The heading for section 8909a of title 5, United States Code, is amended by striking Benefit and inserting Benefits . 503. Supplementary borrowing authority during a control period (a) In general Chapter 20 is amended by adding after section 2011 the following: 2012. Supplementary borrowing authority (a) Supplementary borrowing authority Upon the commencement of the control period, subject to the approval of the Authority, the Postal Service is authorized to borrow money and issue and sell such obligations as may be necessary to carry out the purposes of this title, to the same extent, in the same manner, and subject to the same terms and conditions as if the maximum amount allowable under the provisions of section 2005(a)(2) for the fiscal year involved were equal to the maximum amount which (but for this section) would otherwise be allowable under such provisions, increased by $5,000,000,000. (b) Sunset The authority to borrow money and to issue and sell obligations under subsection (a) shall cease to be available after September 30, 2022. (c) Deposit Any amounts received under this section shall be deposited in the Postal Service Fund. (d) Properties To be set aside Notwithstanding section 2005(b)(2), the Postal Service shall take such measures as may be necessary and appropriate so that, during any period in which the Postal Service is using supplemental borrowing authority under subsection (a), a sufficient amount of real property has been pledged or otherwise set aside by the Postal Service to carry out subsection (e). (e) Outstanding supplemental debt reduction (1) In general In the case of any full fiscal year in which the Postal Service borrows funds pursuant to subsection (a), the Postal Service shall, not later than September 30 of such fiscal year, deposit into the Postal Service Fund an amount such that the total obligations accrued and outstanding pursuant to subsection (a) are, as of the close of such fiscal year, at least 20 percent less than the total obligations so accrued and outstanding as of the start of such fiscal year. (2) Sense of Congress It is the sense of Congress that, to achieve the requirement of paragraph (1), the Postal Service should dispose of such real property as may be necessary. (f) Definitions For purposes of this section— (1) the term Authority means the Postal Service Financial Responsibility and Management Assistance Authority, established in title II of the Postal Reform Act of 2013; and (2) the term control period has the meaning given such term in section 202(b)(1) of such Act. . (b) Clerical amendment The table of sections for chapter 20 is amended by adding at the end the following: 2012. Supplemental borrowing authority. . 504. Postal Service Delivery-Point Modernization Fund (a) In general Chapter 20 is further amended by adding after section 2012 (as added by section 503(a)) the following: 2013. Postal Service Delivery-Point Modernization Fund (a) Establishment There is established within the Treasury of the United States a revolving fund to be known as the Postal Service Delivery-Point Modernization Fund , which shall be available without fiscal year limitation pursuant to the requirements of this section. (b) Funding (1) Authorization The Postal Service is authorized to borrow money and to issue and sell such obligations as it determines necessary solely to carry out the purposes of section 3962. The aggregate amount of obligations issued by the Postal Service which may be outstanding at any one time under this paragraph shall not exceed $1,000,000,000. (2) Applicability of section 2005 The provisions of subsections 2005(b), (c), and (d) shall apply to obligations issued under this subsection. (3) Deposit Any amounts received by the Postal Service as a result of paragraph (1) shall be deposited in the Postal Service Delivery-Point Modernization Fund. (c) Sunset The authority to borrow money and to issue and sell obligations under subsection (b) shall cease to be available after September 30, 2023. (d) Budgetary treatment The receipts and disbursements of the Postal Service Delivery-Point Modernization Fund shall be accorded the same budgetary treatment as is accorded to receipts and disbursements of the Postal Service Fund under section 2009a. (e) Termination of Fund On September 30, 2023, any funds remaining in the Postal Service Delivery-Point Modernization Fund shall be used to satisfy any remaining obligations under subsection (b)(1), and any funds in excess of such obligations shall be deposited in the Postal Service Fund. After any excess funds have been so deposited, the Postal Service Delivery-Point Modernization Fund shall be terminated. . (b) Clerical amendment The table of sections for chapter 20 is amended by adding after the item relating to section 2012 (as added by section 503(b)) the following: 2013. Postal Service Delivery-Point Modernization Fund. . 505. Specific retirement liability calculations relating to the Postal Service (a) Federal Employees Retirement System Section 8423(a) of title 5, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i), by striking subparagraph (B)), and inserting subparagraph (B) or (C)), ; and (ii) in clause (ii), by striking and after the semicolon; (B) in subparagraph (B)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) the product of— (i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)) of the United States Postal Service under paragraph (5), multiplied by (ii) the aggregate amount of basic pay payable by the United States Postal Service, for the period involved, to employees of the United States Postal Service. ; and (2) by adding at the end the following: (5) (A) In determining the normal-cost percentage for employees of the United States Postal Service for purposes of paragraph (1)(C), the Office— (i) shall use demographic factors specific to such employees, unless such data cannot be generated; and (ii) may use economic assumptions regarding wage and salary growth that reflect the specific past, and likely future, pay for such employees. (B) The United States Postal Service shall provide any data or projections the Office requires in order to determine the normal-cost percentage for employees of the United States Postal Service, consistent with subparagraph (A). (C) The Office shall review the determination of the normal-cost percentage for employees of the United States Postal Service and make such adjustments as the Office considers necessary— (i) upon request of the United States Postal Service, but not more frequently than once each fiscal year; and (ii) at such other times as the Office considers appropriate. (6) For the purpose of carrying out subsection (b)(1)(B), and consistent with paragraph (5), for fiscal year 2013, and each fiscal year thereafter, the Office— (A) shall use demographic factors specific to current and former employees of the United States Postal Service, unless such data cannot be generated; and (B) may use economic assumptions regarding wage and salary growth that reflect the specific past, and likely future, pay for current employees of the United States Postal Service. . (b) Civil Service Retirement System Section 8348(h) of title 5, United States Code, is amended by adding at the end the following: (4) For the purpose of carrying out paragraph (1), consistent with section 8423(b)(1)(B), for fiscal year 2013, and each fiscal year thereafter, the Office— (A) shall use demographic factors specific to current and former employees of the United States Postal Service, unless such data cannot be generated; and (B) may use economic assumptions regarding wage and salary growth that reflect the specific past, and likely future, pay for current employees of the United States Postal Service. . VI Postal Contracting Reform 601. Contracting provisions (a) In general Part I is amended by adding at the end the following: 7 Contracting Provisions Sec. 701. Definitions. 702. Advocate for competition. 703. Delegation of contracting authority. 704. Posting of noncompetitive purchase requests for noncompetitive contracts. 705. Review of ethical issues. 706. Ethical restrictions on participation in certain contracting activity. 701. Definitions In this chapter— (1) the term contracting officer means an employee of a covered postal entity who has authority to enter into a postal contract; (2) the term covered postal entity means— (A) the Postal Service; or (B) the Postal Regulatory Commission; (3) the term head of a covered postal entity means— (A) in the case of the Postal Service, the Postmaster General; or (B) in the case of the Postal Regulatory Commission, the Chairman of the Postal Regulatory Commission; (4) the term postal contract means— (A) in the case of the Postal Service, any contract (including any agreement or memorandum of understanding) entered into by the Postal Service for the procurement of goods or services; or (B) in the case of the Postal Regulatory Commission, any contract (including any agreement or memorandum of understanding) in an amount exceeding the simplified acquisition threshold (as defined in section 134 of title 41 and adjusted under section 1908 of such title) entered into by the Postal Regulatory Commission for the procurement of goods or services; and (5) the term senior procurement executive means the senior procurement executive of a covered postal entity. 702. Advocate for competition (a) Establishment and designation (1) There is established in each covered postal entity an advocate for competition. (2) The head of each covered postal entity shall designate for the covered postal entity 1 or more officers or employees (other than the senior procurement executive) to serve as the advocate for competition. (b) Responsibilities The advocate for competition of a covered postal entity shall— (1) be responsible for promoting— (A) the contracting out of functions of the covered postal entity that the private sector can perform equally well or better, and at lower cost; and (B) competition to the maximum extent practicable consistent with obtaining best value by promoting the acquisition of commercial items and challenging barriers to competition; (2) review the procurement activities of the covered postal entity; and (3) prepare and transmit the annual report required under subsection (c). (c) Annual Report (1) Preparation The advocate for competition of a covered postal entity shall prepare an annual report describing the following: (A) The activities of the advocate under this section. (B) Initiatives required to promote contracting out and competition. (C) Barriers to contracting out and competition. (D) In the case of the report prepared by the competition advocate of the Postal Service, the number of waivers made by the Postal Service under section 704(c). (2) Transmission The report under this subsection shall be transmitted— (A) to Congress; (B) to the head of the postal entity; (C) to the senior procurement executive of the entity; (D) in the case of the competition advocate of the Postal Service, to each member of the Postal Service Board of Governors; and (E) in the case of the competition advocate of the Postal Regulatory Commission, to each of the Commissioners of the Commission. 703. Delegation of contracting authority (a) In general (1) Policy Not later than 60 days after the date of enactment of this chapter, the head of each covered postal entity shall issue a policy on contracting officer delegations of authority for postal contracts for the covered postal entity. (2) Contents The policy issued under paragraph (1) shall require that— (A) notwithstanding any delegation of authority with respect to postal contracts, the ultimate responsibility and accountability for the award and administration of postal contracts resides with the senior procurement executive; and (B) a contracting officer shall maintain an awareness of and engagement in the activities being performed on postal contracts of which that officer has cognizance, notwithstanding any delegation of authority that may have been executed. (b) Posting of delegations (1) In general The head of each covered postal entity shall make any delegation of authority for postal contracts outside the functional contracting unit readily available and accessible on the Web site of the covered postal entity. (2) Effective date This paragraph shall apply to any delegation of authority made on or after 30 days after the date of enactment of this chapter. 704. Posting of noncompetitive purchase requests for noncompetitive contracts (a) Posting required (1) Postal regulatory commission The Postal Regulatory Commission shall make the noncompetitive purchase request for any noncompetitive award for any contract (including any agreement or memorandum of understanding) entered into by the Postal Regulatory Commission for the procurement of goods and services, in an amount of $20,000 or more, including the rationale supporting the noncompetitive award, publicly available on the Web site of the Postal Regulatory Commission— (A) not later than 14 days after the date of the award of the noncompetitive contract; or (B) not later than 30 days after the date of the award of the noncompetitive contract, if the basis for the award was a compelling business interest. (2) Postal service The Postal Service shall make the noncompetitive purchase request for any noncompetitive award of a postal contract in an amount of $250,000 or more, including the rationale supporting the noncompetitive award, publicly available on the Web site of the Postal Service— (A) not later than 14 days after the date of the award; or (B) not later than 30 days after the date of the award, if the basis for the award was a compelling business interest. (3) Adjustments to the posting threshold for the postal service (A) Review and determination Not later than January 31 of each year, the Postal Service shall— (i) review the $250,000 threshold established under paragraph (2); and (ii) based on any change in the Consumer Price Index for All Urban Consumers of the Department of Labor, determine whether an adjustment to the threshold shall be made. (B) Amount of adjustments An adjustment under subparagraph (A) shall be made in increments of $5,000. If the Postal Service determines that a change in the Consumer Price Index for a year would require an adjustment in an amount that is less than $5,000, the Postal Service may not make an adjustment to the threshold for the year. (4) Effective date This subsection shall apply to any noncompetitive contract awarded on or after the date that is 90 days after the date of enactment of this chapter. (b) Public availability (1) In general Subject to paragraph (2), the information required to be made publicly available by a covered postal entity under subsection (a) shall be readily accessible on the Web site of the covered postal entity. (2) Protection of proprietary information A covered postal entity shall— (A) carefully screen any description of the rationale supporting a noncompetitive award required to be made publicly available under subsection (a) to determine whether the description includes proprietary data (including any reference or citation to the proprietary data) or security-related information; and (B) remove any proprietary data or security-related information before making publicly available a description of the rationale supporting a noncompetitive award. (c) Waivers (1) Waiver permitted If the Postal Service determines that making a noncompetitive purchase request for a postal contract of the Postal Service publicly available would risk placing the Postal Service at a competitive disadvantage relative to a private sector competitor, the senior procurement executive, in consultation with the advocate for competition of the Postal Service, may waive the requirements under subsection (a). (2) Form and content of waiver (A) Form A waiver under paragraph (1) shall be in the form of a written determination placed in the file of the contract to which the noncompetitive purchase request relates. (B) Content A waiver under paragraph (1) shall include— (i) a description of the risk associated with making the noncompetitive purchase request publicly available; and (ii) a statement that redaction of sensitive information in the noncompetitive purchase request would not be sufficient to protect the Postal Service from being placed at a competitive disadvantage relative to a private sector competitor. (3) Delegation of waiver authority The Postal Service may not delegate the authority to approve a waiver under paragraph (1) to any employee having less authority than the senior procurement executive. 705. Review of ethical issues If a contracting officer identifies any ethical issues relating to a proposed contract and submits those issues and that proposed contract to the designated ethics official for the covered postal entity before the awarding of that contract, that ethics official shall— (1) review the proposed contract; and (2) advise the contracting officer on the appropriate resolution of ethical issues. 706. Ethical restrictions on participation in certain contracting activity (a) Definitions In this section— (1) the term covered employee means— (A) a contracting officer; or (B) any employee of a covered postal entity whose decisionmaking affects a postal contract as determined by regulations prescribed by the head of a covered postal entity; (2) the term final conviction means a conviction, whether entered on a verdict or plea, including a plea of nolo contendere, for which a sentence has been imposed; and (3) the term covered relationship means a covered relationship described in section 2635.502(b)(1) of title 5, Code of Federal Regulations, or any successor thereto. (b) In general (1) Regulations The head of each covered postal entity shall prescribe regulations that— (A) require a covered employee to include in the file of any noncompetitive purchase request for a noncompetitive postal contract a written certification that— (i) discloses any covered relationship of the covered employee; and (ii) states that the covered employee will not take any action with respect to the noncompetitive purchase request that affects the financial interests of a friend, relative, or person with whom the covered employee is affiliated in a nongovernmental capacity, or otherwise gives rise to an appearance of the use of public office for private gain, as described in section 2635.702 of title 5, Code of Federal Regulations, or any successor thereto; (B) require a contracting officer to consult with the ethics counsel for the covered postal entity regarding any disclosure made by a covered employee under subparagraph (A)(i), to determine whether participation by the covered employee in the noncompetitive purchase request would give rise to a violation of part 2635 of title 5, Code of Federal Regulations (commonly referred to as the Standards of Ethical Conduct for Employees of the Executive Branch), or any successor thereto; (C) require the ethics counsel for a covered postal entity to review any disclosure made by a contracting officer under subparagraph (A)(i) to determine whether participation by the contracting officer in the noncompetitive purchase request would give rise to a violation of part 2635 of title 5, Code of Federal Regulations (commonly referred to as the Standards of Ethical Conduct for Employees of the Executive Branch), or any successor thereto; (D) under subsections (d) and (e) of section 2635.502 of title 5, Code of Federal Regulations, or any successor thereto, require the ethics counsel for a covered postal entity to— (i) authorize a covered employee that makes a disclosure under subparagraph (A)(i) to participate in the noncompetitive postal contract; or (ii) disqualify a covered employee that makes a disclosure under subparagraph (A)(i) from participating in the noncompetitive postal contract; (E) require a contractor to timely disclose to the contracting officer in a bid, solicitation, award, or performance of a postal contract any conflict of interest with a covered employee; and (F) include authority for the head of the covered postal entity to grant a waiver or otherwise mitigate any organizational or personal conflict of interest, if the head of the covered postal entity determines that the waiver or mitigation is in the best interests of the covered postal entity. (2) Posting of waivers Not later than 30 days after the head of a covered postal entity grants a waiver described in paragraph (1)(F), the head of the covered postal entity shall make the waiver publicly available on the Web site of the covered postal entity. (c) Contract voidance and recovery (1) Unlawful conduct In any case in which there is a final conviction for a violation of any provision of chapter 11 of title 18 relating to a postal contract, the head of a covered postal entity may— (A) void that contract; and (B) recover the amounts expended and property transferred by the covered postal entity under that contract. (2) Obtaining or disclosing procurement information (A) In general In any case in which a contractor under a postal contract fails to timely disclose a conflict of interest to the appropriate contracting officer as required under the regulations promulgated under subsection (b)(1)(E), the head of a covered postal entity may— (i) void that contract; and (ii) recover the amounts expended and property transferred by the covered postal entity under that contract. (B) Conviction or administrative determination A case described under subparagraph (A) is any case in which— (i) there is a final conviction for an offense punishable under section 2105 of title 41; or (ii) the head of a covered postal entity determines, based upon a preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting an offense punishable under section 2105 of such title. . (b) Clerical amendment The table of chapters at the beginning of part I is amended by adding at the end the following: 7. Contracting Provisions 701 . 602. Technical amendment to definition Section 7101(8) of title 41, United States Code, is amended— (1) by striking and at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ; and ; and (3) by adding at the end the following: (E) the United States Postal Service and the Postal Regulatory Commission. . 603. Contract limitation (a) In general Each covered contract entered into within 6 months after the date on which the Postal Service commences any reduction in force shall include a requirement that the contractor provide a preference in the hiring of qualifying individuals for full-time positions created by or as a result of the contract. (b) Covered contract For the purposes of this section, the term covered contract means a contract— (1) for an amount greater than $250,000; (2) entered into by the Postal Service— (A) within 2 years after the date of enactment of this Act; (B) with a person other than a small business concern; and (C) for the procurement of goods or services; and (3) for which such person will hire 10 or more individuals. (c) Qualifying individual For the purposes of this section, the term qualifying individual means an individual who— (1) is separated from the Postal Service due to a reduction in force; (2) at the time of separation— (A) is a career postal employee; and (B) is not a retirement-eligible individual; (3) as of the date of hire (as referred to in subsection (b)(3)) has been continuously unemployed for a period not exceeding 78 weeks; and (4) is qualified for the position involved. (d) Retirement-Eligible individual For purposes of this section, the term retirement-eligible individual , as used with respect to a qualifying individual, means an individual who, at the time of such individual’s separation (as described in subsection (c)(1)), satisfies the age and service requirements for entitlement to an annuity under— (1) subsection (a), (b), (c), or (f) of section 8336 of title 5, United States Code; or (2) subsection (a), (b), (c), (d), or (g) of section 8412 of title 5, United States Code. (e) Small business concern For purposes of this section, the term small business concern means a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations prescribed pursuant thereto. VII Other Provisions 701. Postal facility designations (a) Facilities designated (1) Officer Tommy Decker Memorial Post Office (A) Designation The facility of the United States Postal Service located at 14 Red River Avenue North in Cold Spring, Minnesota, shall be known and designated as the Officer Tommy Decker Memorial Post Office . (B) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Officer Tommy Decker Memorial Post Office . (2) Richard K. Salick Post Office (A) Designation The facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, shall be known and designated as the Richard K. Salick Post Office . (B) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Richard K. Salick Post Office . (3) National Park Ranger Margaret Anderson Post Office (A) Designation The facility of the United States Postal Service located at 103 Center Street West in Eatonville, Washington, shall be known and designated as the National Park Ranger Margaret Anderson Post Office . (B) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the National Park Ranger Margaret Anderson Post Office . (4) Judge Shirley A. Tolentino Post Office Building (A) Designation The facility of the United States Postal Service located at 369 Martin Luther King Jr. Drive in Jersey City, New Jersey, shall be known and designated as the Judge Shirley A. Tolentino Post Office Building . (B) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Judge Shirley A. Tolentino Post Office Building . (b) Sense of Congress It is the sense of Congress that additional postal facility designations be included in postal reform legislation. 702. Response to submissions by the Postal Service (a) In general Chapter 5 is amended by adding at the end the following: 506. Submissions by the Postal Service to the Postal Regulatory Commission Whenever the Postal Service submits to the Postal Regulatory Commission any notice, petition, request, or other filing intended to initiate a new proceeding before the Commission, the Commission shall make an initial determination that such filing presents adequate information upon which the Commission may make its decision or advisory opinion. If the Commission’s initial determination is that the Postal Service’s filing is inadequate, it shall dismiss the filing without prejudice. . (b) Clerical amendment The table of sections for chapter 5 is amended by adding at the end the following: 506. Submissions by the Postal Service to the Postal Regulatory Commission. . 703. Fair stamp-evidencing competition Section 404(a) is amended— (1) in paragraph (2), by striking or at the end; (2) in paragraph (3), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (4) offer to the public any postage-evidencing product or service that does not comply with any rule or regulation that would be applicable to such product or service if the product or service were offered by a private company. . 704. USPS innovation officer and accountability (a) In general Chapter 2 is amended by adding at the end the following: 209. USPS innovation officer and accountability (a) In general There shall be in the Postal Service a Chief Innovation Officer selected by the Postmaster General who shall have proven expertise and a record of success in 1 or more of the following: postal and shipping industry, innovation product research and development, marketing brand strategy, emerging communications technology, or business process management. The Chief Innovation Officer shall manage the Postal Service’s development and implementation of innovative postal and nonpostal products and services. (b) Duties The Chief Innovation Officer shall have as primary duties— (1) leading the development of innovative nonpostal products and services that will maximize revenue to the Postal Service; (2) developing innovative postal products and services, particularly those that utilize emerging information technologies, to maximize revenue to the Postal Service; (3) monitoring the performance of innovative products and services and revising them as needed to meet changing market trends; and (4) taking into consideration comments or advisory opinions, if applicable, issued by the Postal Regulatory Committee prior to the initial sale of innovative postal or nonpostal products and services. (c) Designation (1) Deadline As soon as practicable after the date of enactment of this section, but no later than January 1, 2014, the Postmaster General shall designate a Chief Innovation Officer. (2) Condition Nothing in this section shall be construed to prohibit an individual who holds another office or position in the Postal Service from serving as the Chief Innovation Officer under this chapter. However, upon appointment to the position of the Chief Innovation Officer, such individual may not, while serving in such office, concurrently hold any other office or position in the Postal Service. (d) Innovation strategy (1) In general Not later than 12 months after the date on which the Chief Innovation Officer is designated under subsection (c)(1), the Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives a comprehensive strategy for maximizing revenues through innovative postal and nonpostal products and services. (2) Matters to be addressed At a minimum, the strategy required by this section shall address— (A) the specific innovative postal and nonpostal products and services to be developed and offered by the Postal Service, including the nature of the market to be filled by each product and service and the likely date by which each product and service will be introduced; (B) the cost of developing and offering each product or service; (C) the anticipated sales volume of each product and service; (D) the anticipated revenues and profits expected to be generated by each product and service; (E) the likelihood of success of each innovative product and service as well as the risks associated with the development and sale of each innovative product and service; (F) the trends anticipated in market conditions that may affect the success of each product and service over the 5-year period beginning on the date such strategy or update is submitted; and (G) the metrics that will be utilized to assess the effectiveness of the innovation strategy. (3) Strategy updates On January 1, 2018, and every 3 years thereafter, the Chief Innovation Officer shall submit an update to the innovation strategy submitted under paragraph (1) to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Postal Regulatory Commission. (e) Report on performance (1) In general The Postmaster General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Postal Regulatory Commission with the President’s budget submission under section 1105(a) of title 31 a report that details the Postal Service’s progress in implementing the innovation strategy. (2) Matters to be addressed At a minimum, the report required by this section shall address— (A) the revenue generated by each product and service developed through the innovation strategy and the costs of developing and offering each such product and service for the most recent fiscal year; (B) the total sales volume and revenue generated by each product and service on a monthly basis for the preceding year; (C) trends in the markets filled by each product and service; (D) products and services identified in the innovation strategy that are to be discontinued, the date on which the discontinuance will occur, and the reasons for the discontinuance; (E) alterations in products and services identified in the innovation strategy that will be made to meet changing market conditions, and an explanation of how these alterations will ensure the success of the products and services; and (F) the performance of the innovation strategy according to the metrics identified in subsection (d)(2)(G). (f) Comptroller general (1) In general The Comptroller General shall conduct a study on the implementation of the innovation strategy not later than 4 years after the date of enactment of this section. (2) Contents At a minimum, the Comptroller General shall assess the effectiveness of the Postal Service in identifying, developing, and selling innovative postal and nonpostal products and services. The study shall also include— (A) an audit of the costs of developing each innovative postal and nonpostal product and service developed or offered by the Postal Service during the period beginning on the date of enactment of this section and ending 4 years after such date; (B) the sales volume of each such product and service; (C) the revenues and profits generated by each such product and service; and (D) the likelihood of continued success of each such product and service. (3) Submission The results of the study required under this subsection shall be submitted to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. . (b) Clerical amendment The table of sections at the beginning of chapter 2 is amended by adding at the end the following: 209. USPS innovation officer and accountability. . 705. Postal regulatory commission travel reporting Section 504(d) is amended— (1) by striking (d) and inserting (d)(1) ; and (2) by adding at the end the following: (2) Not later than 60 days after the end of each fiscal year, the Postal Regulatory Commissioners shall submit an itemized report describing all travel and reimbursable business travel expenses paid to each Commissioner, including the Chairman, when performing regulatory duties to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. The report submitted under this paragraph shall include a detailed justification for any travel or reimbursable business travel expense that deviates from the Commission’s travel and reimbursable business travel expense policies and guidelines. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2748ih/xml/BILLS-113hr2748ih.xml |
113-hr-2749 | I 113th CONGRESS 1st Session H. R. 2749 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Larsen of Washington (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to make certain records available to educational institutions where veterans or persons receiving educational assistance under the laws administered by the Secretary are enrolled, and for other purposes.
1. Short title This Act may be cited as the Veterans Education Transparency Act . 2. Availability of Department of Veterans Affairs records to educational institutions in which veterans or persons receiving educational assistance under the laws administered by the Secretary of Veterans Affairs are enrolled (a) In general Subchapter II of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: 3699. Availability of records to educational institutions The Secretary shall provide to any veteran or person who receives educational assistance under the laws administered by the Secretary the option of making the veteran’s or person’s relevant records maintained by the Secretary, including information about the amount of educational assistance to which the veteran or person is entitled, available through an Internet website to the educational institution that provides the course of education in which the veteran or person is enrolled. The Secretary shall take such steps as may be necessary to ensure that— (1) an educational institution to which such records are made available enters into an agreement with the Secretary under which the institution agrees that such records will only be made available for the purpose of counseling the veteran or person in making decisions related to the veteran’s or person’s education; and (2) no unauthorized person is given access to any record made available to an educational institution under this section, including by requiring the use of passwords and other appropriate mechanisms for restricting access to the records by unauthorized persons. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end of the items relating to such subchapter the following new item: 3699. Availability of records to educational institutions. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2749ih/xml/BILLS-113hr2749ih.xml |
113-hr-2750 | I 113th CONGRESS 1st Session H. R. 2750 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Graves of Missouri (for himself, Ms. Herrera Beutler , Mr. Hanna , Mr. Mulvaney , Mr. Connolly , Mr. Meadows , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 41, United States Code, to require the use of two-phase selection procedures when design-build contracts are suitable for award to small business concerns, and for other purposes.
1. Short title This Act may be cited as the Design-Build Efficiency and Jobs Act of 2013 . 2. Design-build selection procedures Section 3309 of title 41, United States Code, is amended— (1) in subsection (d) by striking agency determines with respect to and all that follows through the period at the end, and inserting the following: the head of the agency approves the contracting officer’s justification that an individual solicitation must have greater than 5 finalists to be in the Federal Government’s interest. The contracting officer must provide written documentation of how a maximum number of offerors exceeding 5 is consistent with the purposes and objectives of the two-phase selection process. ; and (2) by adding at the end the following: (f) Design and construction contracts Two-phase selection procedures shall be used for entering into a contract for the design and construction of a public building, facility, or work when a contracting officer determines that the contract has a value of $750,000 or greater, as adjusted for inflation in accordance with section 1908 of title 41, United States Code. (g) Reports (1) Agency reports Beginning on the date that is 1 year after the effective date of this subsection, and for each of the 4 years thereafter, each agency shall submit to the Comptroller General of the United States and publish in the Federal Register, an annual report regarding all cases in the preceding year in which— (A) more than 5 finalists were selected for phase-two requests for competitive proposals; or (B) for a contract that has a value of $750,000 (as adjusted for inflation in accordance with section 1908 of title 41, United States Code) or greater for which the two-phase selection procedures was not used. (2) GAO report On the first full fiscal year that is 5 years after the effective date of this subsection, the Comptroller General of the United States shall publish a report that, based on the information provided in the agency reports required under paragraph (1), analyzes the degree to which agencies have complied with the requirements of this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2750ih/xml/BILLS-113hr2750ih.xml |
113-hr-2751 | I 113th CONGRESS 1st Session H. R. 2751 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Hanna (for himself, Mr. Graves of Missouri , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to prohibit the use of reverse auctions for design and construction services procurements.
1. Short title This Act may be cited as the Commonsense Construction Contracting Act of 2013 . 2. Reverse auctions prohibited for contracts for design and construction services The Small Business Act (15 U.S.C. 631 et seq.) is amended— (1) by redesignating section 47 as section 48; and (2) by inserting after section 46 the following: 47. Reverse auctions prohibited for contracts for design and construction services (a) In general In the case of any contract for design and construction services, reverse auction methods may not be used if the contract— (1) is suitable for award to a small business concern; or (2) if the award is to be made under— (A) section 8(a); (B) section 8(m); (C) section 15(a); (D) section 15(j); (E) section 31; or (F) section 36. (b) Definitions For purposes of this section— (1) The term reverse auction means, with respect to procurement by an agency, a real-time auction on the Internet between a group of offerors who compete against each other by submitting bids for a contract or task order with the ability to submit revised bids throughout the course of the auction, and the award being made to the offeror who submits the lowest bid. (2) The term design and construction services means— (A) site planning and landscape design; (B) architectural and interior design; (C) engineering system design; (D) performance of construction work for facility, infrastructure, and environmental restoration projects; (E) delivery and supply of construction materials to construction sites; and (F) construction, alteration, or repair, including painting and decorating, of public buildings and public works. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2751ih/xml/BILLS-113hr2751ih.xml |
113-hr-2752 | I 113th CONGRESS 1st Session H. R. 2752 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Alexander 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 seasonal workers from the applicable large employer determination for purposes of employer shared responsibility regarding health coverage.
1. Seasonal workers disregarded in determining employer size for purposes of employer shared responsibility (a) In general Clause (i) of section 4980H(c)(2)(B) of the Internal Revenue Code of 1986 is amended to read as follows: (i) In general Seasonal workers shall not be taken into account for purposes of determining whether an employer is an applicable large employer under this paragraph. . (b) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr2752ih/xml/BILLS-113hr2752ih.xml |
113-hr-2753 | I 113th CONGRESS 1st Session H. R. 2753 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mrs. Black 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 improve Medicare Advantage, and for other purposes.
1. Short title This Act may be cited as the Securing Care for Seniors Act of 2013 . 2. Reinstatement of 3-month open enrollment and disenrollment period for Medicare Advantage Section 1851(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–1(e)(2) ) is amended— (1) in subparagraph (C), by inserting and ending with 2013 after (beginning with 2011 ; and (2) by adding at the end the following new subparagraph: (F) Continuous open enrollment and disenrollment for first 3 months in subsequent years (i) In general Subject to subparagraph (D), at any time during the first 3 months of a year (beginning with 2014), or, if the individual first becomes a Medicare Advantage eligible individual during a year after 2014, during the first 3 months of such year in which the individual is a Medicare Advantage eligible individual, a Medicare Advantage eligible individual may change the election under subsection (a)(1). (ii) Limitation of one change during open enrollment period each year An individual may exercise the right under clause (i) only once during the applicable 3-month period described in such clause in each year. The limitation under this clause shall not apply to changes in elections effected during an annual, coordinated election period under paragraph (3) or during a special election period under paragraph (4). (iii) Application to part D for individuals changing enrollment from MA to fee-for-service The previous provisions of this subparagraph shall only apply with respect to changes in enrollment in a prescription drug plan under part D in the case of an individual who, previous to such change in enrollment, is enrolled in a Medicare Advantage plan. . 3. Permitting incentives for participation in health care improvement programs (a) In general 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) Permitting MA organizations To provide incentives for participation in health care improvement programs (1) In general An MA organization may offer to individuals enrolled in an MA plan offered by such organization one or more incentive programs that are designed to improve the health care of such individuals by providing one or more incentives, such as the reducing or waiving of copayment amounts, that reward individuals for participation in such a program, if— (A) the incentive program meets the requirements described in paragraph (2); and (B) the MA organization provides to the Secretary such information on participation and performance in the incentive program as the Secretary may specify. (2) Requirements The requirements described in this paragraph, with respect to an incentive program offered by an MA organization to individuals enrolled in an MA plan offered by such organization, are as follows: (A) Incentive only upon completion of program In the case of a program that consists of multiple sessions or other multiple activities, any incentive offered under the program is offered only upon completion of all such sessions or activities. (B) Nondiscrimination Participation in the program is offered to all such individuals. (C) No cash or monetary incentive (i) In general No incentive under the program is in the form of cash or any other monetary rebate. (ii) Construction Nothing in clause (i) may be construed as preventing the offering of an incentive in the form of a reduction or waiver of copayment amounts or deductibles. (3) Waiver authority The Secretary may waive such requirements of this title and title XI, except for sections 1128A, 1128B(b), and 1877, as may be necessary to carry out the purposes of the program established under this subsection. (4) Program not taken into account for bid amount The program may not be taken into account for purposes of the monthly bid amount submitted by the organization under section 1854(a)(6) and provisions relating to the monthly bid amount. (5) Encouragement to participate in activities offered by certain persons or entities An MA organization may, as part of an incentive program offered by such organization to individuals under this subsection, require or otherwise encourage such individuals to participate in activities designed to improve the health care of such individuals that are offered by persons or entities specified by such organization, such as persons or entities that the organization has identified as performing well on quality metrics identified by the organization. . (b) Effective date The amendment made by subsection (a) shall take effect for plan years beginning on or after the date of the enactment of this Act. 4. Cost sharing variation permitted to encourage use of high quality providers Section 1852 of the Social Security Act (42 U.S.C. 1395w–22) is amended— (1) in subsection (a)(1)(B)— (A) in clause (i), by striking clause (iii) and inserting clauses (iii) and (vi) ; and (B) by adding at the end the following new clause: (vi) Cost sharing variation permitted to encourage use of high quality providers Notwithstanding subsection (b), an MA plan offered by an MA organization may, through mechanisms such as value based insurance design (VBID) practices, vary cost-sharing for the purpose of encouraging enrollees to use providers that such organization has identified as performing well on quality metrics identified by the organization. Any such variation on cost-sharing by an MA organization must occur on an annual basis. An MA organization may not vary cost-sharing pursuant to this paragraph during a plan year. ; and (2) in subsection (b)(2), by striking A Medicare+Choice and inserting Subject to subsection (a)(1)(B)(vi), a Medicare Advantage . 5. Improvements to risk adjustment system Section 1853(a)(1)(C) of the Social Security Act ( 42 U.S.C. 1395w–23(a)(1)(C) ) is amended by adding at the end the following new clauses: (iv) Revision of risk adjustment system to account for chronic conditions and two years of diagnostic data (I) In general The Secretary shall evaluate and, as the Secretary determines appropriate, revise for 2017 and periodically thereafter the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed, and at least two years of diagnostic data including such data obtained during health risk assessments regarding the individual, to the extent that two years of such data are available. (II) Periodic reporting to Congress With respect to plan years beginning in 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under subclause (I). (v) No changes to adjustment factors that prevent activities consistent with national health policy goals In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent MA organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. (vi) Opportunity for review and public comment regarding changes to adjustment factors For any changes to adjustment factors effective for 2015 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes and a public comment period of not less than 60 days before implementing such changes. . 6. Improvements to MA 5-star quality rating system Section 1853(o)(4) of the Social Security Act ( 42 U.S.C. 1395w–23(o)(4) ) is amended by adding at the end the following new subparagraph: (C) Plans with disproportionately high enrollment of individuals with complex health care needs (i) In general The Secretary shall take such steps as are necessary to ensure that the 5-star rating system described in subparagraph (A)— (I) does not disadvantage a plan that enrolls a disproportionately high proportion of enrollees who are full-benefit dual eligible individuals (as defined in section 1935(c)(6)), subsidy eligible individuals (as defined in section 1860D–14(a)(3)), or other individuals with complex health care needs such as individuals with multiple conditions; and (II) allows adjustments to account for differences in socioeconomic and demographic characteristics of enrollees and geographic variation in health outcomes. (D) Announcement of changes two years prior to end of performance period The Secretary may not implement any change in the 5-star rating system described in subparagraph (A) with respect to any performance period used as part of such system unless the Secretary announces such change at least one year prior to the beginning of any such period. . | https://www.govinfo.gov/content/pkg/BILLS-113hr2753ih/xml/BILLS-113hr2753ih.xml |
113-hr-2754 | I 113th CONGRESS 1st Session H. R. 2754 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Butterfield (for himself, Mr. Smith of Texas , Mr. Waxman , Mr. Terry , Mr. Scalise , and Mr. Cassidy ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Hobby Protection Act to make unlawful the provision of assistance or support in violation of that Act, and for other purposes.
1. Short title This Act may be cited as the Collectible Coin Protection Act . 2. Provision of assistance or support The Hobby Protection Act ( 15 U.S.C. 2101 et seq. ) is amended— (1) in section 2— (A) in subsection (b), by inserting , or the sale in commerce after distribution in commerce ; (B) by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following: (d) Provision of assistance or support It shall be a violation of subsection (a) or (b) for a person to provide substantial assistance or support to any manufacturer, importer, or seller if that person knows or should have known that the manufacturer, importer, or seller is engaged in any act or practice that violates subsection (a) or (b). ; and (C) in subsection (e) (as so redesignated), by striking and (b) and inserting (b), and (d) ; (2) in section 3— (A) by striking If any person and inserting (a) In general .—If any person ; (B) by striking or has an agent and inserting , has an agent, transacts business, or wherever venue is proper under section 1391 of title 28, United States Code ; and (C) by adding at the end the following: (b) Trademark violations If the violation of section 2 (a) or (b) or a rule under section 2(c) also involves unauthorized use of registered trademarks belonging to a collectibles certification service, the owner of such trademarks shall have, in addition to the remedies provided in subsection (a), all rights provided under sections 34, 35, and 36 of the Trademark Act of 1946 (15 U.S.C. 1116, 1117, and 1118) for violations of such Act. ; and (3) in section 7, by adding at the end the following: (8) The term collectibles certification service means a person recognized by collectors for providing independent certification that collectible items are genuine. (9) The term Trademark Act of 1946 means the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 5, 1946 ( 15 U.S.C. 1051 et seq. ). . | https://www.govinfo.gov/content/pkg/BILLS-113hr2754ih/xml/BILLS-113hr2754ih.xml |
113-hr-2755 | I 113th CONGRESS 1st Session H. R. 2755 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Gallego (for himself, Mr. Veasey , and Mr. Vela ) 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 the administratively uncontrollable overtime of Border Patrol agents.
1. Short title This Act may be cited as the Border Security Tax Relief Act of 2013 . 2. Administratively uncontrollable overtime pay of Border Patrol agents (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before section 140 the following new section: 139E. Administratively uncontrollable overtime pay of Border Patrol agents (a) In general Gross income does not include compensation received for service as a Border Patrol agent to the extent such compensation represents administratively uncontrollable overtime pay. (b) Administratively uncontrollable overtime pay For purposes of this section, the term administratively uncontrollable overtime pay means premium pay under section 5545(c)(2) of title 5, United States Code. (c) Application of section Subsection (a) shall only apply to compensation received for the taxpayer’s first taxable year beginning after the date of the enactment of this section. . (b) Not subject to wage withholding Subsection (a) of section 3401 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 ; and , and by inserting after paragraph (23) the following new paragraph: (24) for any administratively uncontrollable overtime pay (as defined in section 139E(b)), 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 139E(a). . (c) Election To treat as included in gross income for purposes of earned income tax credit Subparagraph (B) of section 32(c)(2) of such Code is amended by striking and at the end of clause (v), by striking the period at the end of clause (vi) and inserting , and , and by adding at the end the following new clause: (vii) a taxpayer may elect to treat amounts excluded from gross income by reason of section 139E as earned income. . (d) 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. 139E. Administratively uncontrollable overtime of border patrol agents. . (e) 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-113hr2755ih/xml/BILLS-113hr2755ih.xml |
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