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113-hr-53

I 113th CONGRESS 1st Session H. R. 53 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to increase from 1 to 2 years the post employment restrictions on Members of the House of Representatives. 1. Increase in post employment restrictions for Members of the House of Representatives (a) In general Section 207(e)(1) of title 18, United States Code, is amended— (1) in subparagraph (A)— (A) in the subparagraph heading, by inserting and members of the house of representatives after Senators ; (B) by inserting or a Member of the House of Representatives after who is a Senator ; and (C) by inserting or Member of the House of Representatives after such former Senator ; (2) in subparagraph (B)— (A) in the subparagraph heading. by striking Members and officers and inserting Officers ; (B) in clause (i)— (i) by striking Any person who is a Member of the House of Representatives or and inserting Any person who is ; (ii) by striking or (iii) ; and (iii) by striking such former Member of Congress or and inserting such former ; (C) by striking clause (ii); and (D) by redesignating clause (iii) as clause (ii). (b) Effective date The amendments made by subsection (a) shall apply to individuals who leave office on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr53ih/xml/BILLS-113hr53ih.xml

113-hr-54

I 113th CONGRESS 1st Session H. R. 54 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Fitzpatrick (for himself, Mr. Posey , Mr. McKinley , Mr. Michaud , Mr. Tiberi , Mrs. Miller of Michigan , Mr. Griffin of Arkansas , Mr. Jones , Mr. Luetkemeyer , Mr. Matheson , Mr. Garrett , Mr. Tipton , Mr. Gibbs , Mr. Terry , Mr. Hanna , Mr. Yoder , Mr. Polis , Mr. Wittman , Mrs. Hartzler , Mr. Huizenga of Michigan , Mr. Bucshon , Mr. Mica , Mr. Culberson , Mr. Mulvaney , Mr. Schweikert , Mr. Nugent , Ms. Jenkins , Mr. Lance , Mr. Olson , Mr. Flores , Mrs. Black , Mr. Marino , Mr. Kelly , Mr. Boustany , Mr. Graves of Missouri , Mr. Coble , Mr. Palazzo , Mr. Bilirakis , Mr. Lankford , and Mr. Stivers ) 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 provide that no pay adjustment for Members of Congress shall be made with respect to any pay period occurring during the One Hundred Thirteenth Congress. 1. No pay adjustment for Members of Congress during one hundred thirteenth congress Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ), relating to compensation of Members of Congress, with respect to any pay period occurring during the One Hundred Thirteenth Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr54ih/xml/BILLS-113hr54ih.xml

113-hr-55

I 113th CONGRESS 1st Session H. R. 55 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure , Armed Services , and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prioritize the payment of pay and allowances to members of the Armed Forces and Federal law enforcement officers in the event the debt ceiling is reached or there is a funding gap. 1. Short title This Act may be cited as the Strengthening Homeland Security, Intelligence, and Essential Law Enforcement Departments Act of 2013 or the SHIELD Act of 2013 . 2. Findings Congress finds the following: (1) The United States Armed Forces represent the finest fighting force in the world. (2) An interruption in compensation could affect morale and cause hardship which would threaten United States security and the safety of our troops. (3) It is a vital national interest that the United States Armed Forces, including reserve components, can operate with the assurance that they will continue to receive pay and allowances for their service if a funding gap occurs. (4) Federal law enforcement officers are highly trained and dedicated men and women, committed to protecting liberty, public safety, and the security of our Nation from both foreign and domestic threats. (5) They have no equal in the private sector, and perform a role that is both unique and vital to the continuing operation of the Federal Government and commerce during times of crisis. (6) Each and every day, Federal law enforcement officers are engaged around the clock in activities that include, but are not limited to, dignitary protection, criminal investigation, homeland security, border security, intelligence gathering, and fighting waste, fraud and abuse. (7) These critical Government functions cannot be interrupted due to an absence of Congressional appropriations or during periods of a Government shutdown, nor can we expect that the threats posed by violent criminals, terrorists and America’s enemies will lessen during such periods of fiscal uncertainty. 3. Priority payments if the debt ceiling is reached for defense and Federal law enforcement In the event that the total public debt reaches the public debt limit, as established under section 3101 of title 31, United States Code, the following payments on obligations incurred by the Government of the United States shall be made: (1) The pay and allowances of members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service. (2) The pay and allowances of critical law enforcement officers who are employed by Federal agencies. 4. Emergency appropriations of funds for defense and Federal law enforcement during a funding gap (a) Appropriation of funds for military pay and allowances During a period of lapsed appropriations for the Armed Forces, the Secretary of the Treasury shall make available to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard), out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service during the period of lapsed appropriations. (b) Appropriation of funds for Federal law enforcement officer pay and allowances During a period of lapsed appropriations for a federal agency that employs critical law enforcement officers, the Secretary of the Treasury shall make available to the head of such agency, out of any amounts in the general fund of the Treasury not otherwise appropriated, such amounts as the heads of such agencies determine to be necessary to continue to provide pay and allowances (without interruption) to such critical law enforcement officers during the period of lapsed appropriations. 5. Definitions In this Act: (1) Critical law enforcement officer The term critical law enforcement officer means an employee— (A) who has statutory authority to make arrests or apprehensions; (B) who is authorized by the agency of the employee to carry firearms; and (C) whose duties include performing emergency work involving the safety of human life or the protection of property. (2) Period of lapsed appropriations The term period of lapsed appropriations means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (including any Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances. (3) Total public debt The term total public debt has the meaning given such term in section 3130 of title 31, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr55ih/xml/BILLS-113hr55ih.xml

113-hr-56

I 113th CONGRESS 1st Session H. R. 56 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Appropriations A BILL To make 1 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014. 1. Across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2013 and 2014 (a) Across-the-Board rescissions There is hereby rescinded an amount equal to 1 percent of— (1) the budget authority provided (or obligation limitation imposed) in each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2013 or 2014 appropriation Act; (2) the budget authority provided in any advance appropriation for each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of the fiscal years 2013 and 2014 for any program that is subject to a limitation contained in any fiscal year 2013 or 2014 appropriation Act for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and non-Veterans-Affairs discretionary account For purposes of subsection (a), the term non-defense, non-homeland-security, and non-veterans-affairs discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate application Any rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws In the case of any fiscal year 2013 or 2014 appropriation Act enacted after the date of enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report Within 30 days after the date of enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2013 or 2014 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr56ih/xml/BILLS-113hr56ih.xml

113-hr-57

I 113th CONGRESS 1st Session H. R. 57 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Appropriations A BILL To make 15 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014. 1. Across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2013 and 2014 (a) Across-the-Board rescissions There is hereby rescinded an amount equal to 15 percent of— (1) the budget authority provided (or obligation limitation imposed) in each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2013 or 2014 appropriation Act; (2) the budget authority provided in any advance appropriation for each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of the fiscal years 2013 and 2014 for any program that is subject to a limitation contained in any fiscal year 2013 or 2014 appropriation Act for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and non-Veterans-Affairs discretionary account For purposes of subsection (a), the term non-defense, non-homeland-security, and non-veterans-affairs discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate application Any rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws In the case of any fiscal year 2013 or 2014 appropriation Act enacted after the date of enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report Within 30 days after the date of enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2013 or 2014 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr57ih/xml/BILLS-113hr57ih.xml

113-hr-58

I 113th CONGRESS 1st Session H. R. 58 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Appropriations A BILL To make 10 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014. 1. Across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2013 and 2014 (a) Across-the-Board rescissions There is hereby rescinded an amount equal to 10 percent of— (1) the budget authority provided (or obligation limitation imposed) in each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2013 or 2014 appropriation Act; (2) the budget authority provided in any advance appropriation for each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of the fiscal years 2013 and 2014 for any program that is subject to a limitation contained in any fiscal year 2013 or 2014 appropriation Act for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and non-Veterans-Affairs discretionary account For purposes of subsection (a), the term non-defense, non-homeland-security, and non-veterans-affairs discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate application Any rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws In the case of any fiscal year 2013 or 2014 appropriation Act enacted after the date of enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report Within 30 days after the date of enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2013 or 2014 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr58ih/xml/BILLS-113hr58ih.xml

113-hr-59

I 113th CONGRESS 1st Session H. R. 59 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn (for herself and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To make 5 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of the fiscal years 2013 and 2014. 1. Across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2013 and 2014 (a) Across-the-Board rescissions There is hereby rescinded an amount equal to 5 percent of— (1) the budget authority provided (or obligation limitation imposed) in each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2013 or 2014 appropriation Act; (2) the budget authority provided in any advance appropriation for each of the fiscal years 2013 and 2014 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of the fiscal years 2013 and 2014 for any program that is subject to a limitation contained in any fiscal year 2013 or 2014 appropriation Act for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and non-Veterans-Affairs discretionary account For purposes of subsection (a), the term non-defense, non-homeland-security, and non-veterans-affairs discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate application Any rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent appropriation laws In the case of any fiscal year 2013 or 2014 appropriation Act enacted after the date of enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act. (e) OMB report Within 30 days after the date of enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2013 or 2014 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr59ih/xml/BILLS-113hr59ih.xml

113-hr-60

I 113th CONGRESS 1st Session H. R. 60 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Financial Services A BILL To award a Congressional Gold Medal to Malala Yousufzai, in recognition of her devoted service to education, justice, and equality in Pakistan. 1. Findings Congress finds the following: (1) Malala Yousufzai, a young fifteen-year-old girl, took the initiative to stand against the abusive, uncaring, and cold-hearted members of the Taliban in Pakistan. (2) Malala Yousufzai understood the danger she faced when sacrificing to promote education for women. (3) Malala Yousufzai did not let the fear of danger prevent her from being an activist for justice in Pakistan. (4) The first step in fighting for justice for Malala Yousufzai was blogging about life under Taliban rule as the Taliban militants seized the Swat Valley of Pakistan. (5) Malala Yousufzai rose to prominence and the world was given the opportunity to see the real lives of many civilians in Pakistan. (6) On October 9, 2012, the life of Malala Yousufzai was threatened merely because she was a young girl who advocated for access to education, justice, and equality. (7) A Taliban militant attempted to assassinate Malala Yousufzai while she was riding on a school bus, because of her desire for all Pakistanis to have an opportunity to receive an education, regardless of gender. (8) Following a cowardly attack on Malala Yousufzai, her message gained international popularity for showing the accurate face of Pakistan. (9) Malala Yousufzai is a symbol of hope in a country long beset by violence and despair. (10) Malala Yousufzai represents the future of Pakistan, a young Muslim girl who is the new face of Pakistan and an advocate for human rights for women in Pakistan. 2. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design, to Malala Yousufzai in recognition of her devoted service to education, justice, and equality in Pakistan. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 4. Status of medals (a) National Medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 5. Authority to use fund amounts; proceeds of sale (a) Authorization To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the cost of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr60ih/xml/BILLS-113hr60ih.xml

113-hr-61

I 113th CONGRESS 1st Session H. R. 61 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title X of the Public Health Service Act to prohibit family planning grants from being awarded to any entity that performs abortions, and for other purposes. 1. Short title This Act may be cited as the Title X Abortion Provider Prohibition Act . 2. Prohibition on abortion Title X of the Public Health Service Act (42 U.S.C. 300 et seq.) is amended by adding at the end the following: 1009. Additional prohibition regarding abortion (a) Prohibition The Secretary shall not provide any assistance under this title to an entity unless the entity certifies that, during the period of such assistance, the entity will not perform, and will not provide any funds to any other entity that performs, an abortion. (b) Exception Subsection (a) does not apply with respect to an abortion where— (1) the pregnancy is the result of rape or incest; or (2) a physician certifies that the woman suffers from a physical disorder, physical injury, or physical illness that would place the woman in danger of death unless an abortion is performed, including a life-threatening physical condition caused by or arising from the pregnancy itself. (c) Hospitals Subsection (a) does not apply with respect to a hospital, so long as such hospital does not, during the period of assistance described in subsection (a), provide funds to any non-hospital entity that performs an abortion (other than an abortion described in subsection (b)). (d) Annual report Not later than 60 days after the date of the enactment of the Title X Abortion Provider Prohibition Act, and annually thereafter, for the fiscal year involved, the Secretary shall submit a report to the Congress containing— (1) a list of each entity receiving a grant under this title; (2) for each such entity performing abortions under the exceptions described in subsection (b)— (A) the total number of such abortions; (B) the number of such abortions where the pregnancy is the result of rape; (C) the number of such abortions where the pregnancy is the result of incest; and (D) the number of such abortions where a physician provides a certification described in subsection (b)(2); (3) a statement of the date of the latest certification under subsection (a) for each entity receiving a grant under this title; and (4) a list of each entity to which an entity described in paragraph (1) makes available funds received through a grant under this title. (e) Definitions In this section: (1) The term entity means the entire legal entity, including any entity that controls, is controlled by, or is under common control with such entity. (2) The term hospital has the meaning given to such term in section 1861(e) of the Social Security Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr61ih/xml/BILLS-113hr61ih.xml

113-hr-62

I 113th CONGRESS 1st Session H. R. 62 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide an alternate release date for certain nonviolent offenders, and for other purposes. 1. Short title This Act may be cited as the Federal Prison Bureau Nonviolent Offender Relief Act of 2013 . 2. Early release for certain nonviolent offenders (a) In general Section 3624 of title 18, United States Code, is amended— (1) in subsection (a), by inserting at the early release date provided in subsection (g), if applicable, or otherwise after A prisoner shall be released by the Bureau of Prisons ; and (2) by adding at the end the following: (g) Early release for certain nonviolent offenders Notwithstanding any other provision of law, the Bureau of Prisons, pursuant to a good time policy, shall release from confinement a prisoner who has served one half or more of his term of imprisonment (including any consecutive term or terms of imprisonment) if that prisoner— (1) has attained the age of 45 years; (2) has never been convicted of a crime of violence; and (3) has not engaged in any violation, involving violent conduct, of institutional disciplinary regulations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr62ih/xml/BILLS-113hr62ih.xml

113-hr-63

I 113th CONGRESS 1st Session H. R. 63 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the boundary of the Shiloh National Military Park located in Tennessee and Mississippi, to establish Parker’s Crossroads Battlefield as an affiliated area of the National Park System, and for other purposes. 1. Short title This Act may be cited as the Shiloh National Military Park Boundary Adjustment and Parker’s Crossroads Battlefield Designation Act . 2. Definitions In this Act, the following definitions apply: (1) Affiliated area The term affiliated area means the Parker’s Crossroads Battlefield established as an affiliated area of the National Park System under section 4. (2) Park The term Park means Shiloh National Military Park, a unit of the National Park System. (3) Secretary The term Secretary means the Secretary of the Interior. 3. Areas to be added to shiloh national military park (a) Additional areas The boundary of Shiloh National Military Park is modified to include the areas that are generally depicted on the map entitled Shiloh National Military Park, Proposed Boundary Adjustment , numbered 304/80,011, and dated April 2012 as follows: (1) Fallen Timbers Battlefield. (2) Russell House Battlefield. (3) Davis Bridge Battlefield. (b) Acquisition authority The Secretary may acquire lands described in subsection (a) by donation, purchase from willing sellers with donated or appropriated funds, or exchange. (c) Administration Any lands acquired under this section shall be administered as part of the Park. 4. Establishment of affiliated area (a) In general Parker’s Crossroads Battlefield in the State of Tennessee is hereby established as an affiliated area of the National Park System. (b) Description The affiliated area shall consist of the area generally depicted within the Proposed Boundary on the map entitled Parker’s Crossroads Battlefield, Proposed Boundary , numbered 903/80,073, and dated April 2012. (c) Administration The affiliated area shall be managed in accordance with this Act and all laws generally applicable to units of the National Park System. (d) Management entity The City of Parkers Crossroads and the Tennessee Historical Commission shall jointly be the management entity for the affiliated area. (e) Cooperative agreements The Secretary may provide technical assistance and enter into cooperative agreements with the management entity for the purpose of providing financial assistance with marketing, marking, interpretation, and preservation of the affiliated area. (f) Limited role of the secretary Nothing in this Act authorizes the Secretary to acquire property at the affiliated area or to assume overall financial responsibility for the operation, maintenance, or management of the affiliated area. (g) General management plan (1) In general The Secretary, in consultation with the management entity, shall develop a general management plan for the affiliated area. The plan shall be prepared in accordance with section 12(b) of Public Law 91–383 ( 16 U.S.C. 1a–1 et seq. ; commonly known as the National Park System General Authorities Act). (2) Transmittal Not later than 3 years after the date that funds are made available for this Act, the Secretary shall provide a copy of the completed general management to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

https://www.govinfo.gov/content/pkg/BILLS-113hr63ih/xml/BILLS-113hr63ih.xml

113-hr-64

I 113th CONGRESS 1st Session H. R. 64 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Homeland Security A BILL To increase the number of Federal air marshals for certain flights, require criminal investigative training for such marshals, create an office and appoint an ombudsman for the marshals, and for other purposes. 1. Short title This Act may be cited as the FAMS Augmentation Act of 2013 . 2. Increase in the number of Federal air marshals (a) Increase in number of Federal air marshals Not later than September 30, 2014, and in accordance with subsection (b), the Assistant Secretary (Transportation Security Administration) shall increase the number of Federal air marshals so that not less than 1,750 additional Federal air marshals are hired and deployed, above the number of such marshals as of January 31, 2011, to ensure increased transportation security for inbound international flights. (b) Congressional intent The goal of this Act is to increase the number of inbound flights with Federal air marshals onboard while maintaining Federal air marshal presence on domestic point-to-point flights at or above the level as of December 25, 2009. 3. Training of Federal air marshals Section 44917 of title 49, United States Code, is amended by adding at the end the following: (e) Criminal investigative training program (1) New employee training Not later than 30 days after the date of enactment of the FAMS Augmentation Act of 2013, the Federal Air Marshal Service shall establish a policy requiring Federal air marshals hired after such date to complete the criminal investigative training program at the Federal Law Enforcement Training Center as part of basic training for Federal air marshals. (2) Existing employees A Federal air marshal who has previously completed the criminal investigative training program may not be required to repeat such program. (3) Alternative training Not later than 3 years after the date of enactment of the FAMS Augmentation Act of 2013, an air marshal hired before such date who has not completed the criminal investigative training program shall be required to attend an alternative training program, as determined by the Director of the Federal Law Enforcement Center, that provides the training necessary to bridge the gap between the mixed basic police training, the Federal air marshal programs already completed by the Federal air marshal, and the criminal investigative training provided through the criminal investigative training program. Any such alternative program shall be considered to have met the standards of the criminal investigative training program. (4) Reservation of funds Of the amounts to be appropriated pursuant to section 6 of the FAMS Augmentation Act of 2013, $3,000,000 may be used to carry out this subsection for each of fiscal years 2013 and 2014. (5) Savings clause Nothing in this subsection shall be construed to reclassify Federal air marshals as criminal investigators. . 4. Ombudsman Section 44917 of title 49, United States Code, is further amended by adding at the end the following: (f) Ombudsman (1) Establishment The Assistant Secretary shall establish in the Federal Air Marshal Service an Office of the Ombudsman. (2) Appointment The head of the Office shall be the Ombudsman, who shall be appointed by the Assistant Secretary. (3) Duties The Ombudsman shall carry out programs and activities to improve morale, training, and quality of life issues in the Service, including through implementation of the recommendations of the Inspector General of the Department of Homeland Security and the Comptroller General. (4) Career reserved position The position of Ombudsman shall be treated as a career reserved position, as defined by section 3132(a)(8) of title 5, United States Code. (5) Reservation of funds Of the amounts to be appropriated pursuant to section 6 of the FAMS Augmentation Act of 2013, $1,000,000 may be used to carry out this subsection for each of fiscal years 2013 and 2014. . 5. Reports (a) Reports Beginning 6 months after the date of enactment of this Act and every 6 months thereafter, until the Department has increased, by not less than an additional 1,750, the number of Federal air marshals the Assistant Secretary shall submit a report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on the progress of increasing the number of Federal air marshals under this Act, adopting the alternative criminal investigative training program, and implementing an ombudsman program for such marshals. (b) Report summary The report shall include a summary of disciplinary personnel actions implemented against Federal air marshals by the Department of Homeland Security and complaints and lawsuits filed by Federal air marshals against the Department or its agents. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act and subsections (d) and (e) of section 44917 of title 49, United States Code, $190,000,000 for fiscal year 2013 and $172,000,000 for fiscal year 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr64ih/xml/BILLS-113hr64ih.xml

113-hr-65

I 113th CONGRESS 1st Session H. R. 65 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent children’s access to firearms. 1. Short title This Act may be cited as the Child Gun Safety and Gun Access Prevention Act of 2013 . 2. Increasing youth gun safety by raising the age of handgun eligibility and prohibiting youth from possessing semiautomatic assault weapons Section 922(x) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by striking juvenile and inserting person who is less than 21 years of age ; (B) by striking or at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by adding at the end the following: (C) a semiautomatic assault weapon; or (D) a large capacity ammunition feeding device. ; (2) in paragraph (2)— (A) by striking a juvenile and inserting less than 21 years of age ; (B) by striking or at the end of subparagraph (A); (C) by striking the period at the end of subparagraph (B) and inserting a semicolon; and (D) by inserting at the end the following: (C) a semiautomatic assault weapon; or (D) a large capacity ammunition feeding device. ; (3) in paragraph (3)(A), by inserting temporary before possession ; (4) in paragraph (3)(B), by striking juvenile and inserting person who is less than 21 years of age ; (5) in paragraph (3)(C), by striking juvenile; or and inserting person who is less than 21 years of age; ; (6) by striking subparagraph (D) of paragraph (3) and inserting the following: (D) the possession of a handgun or ammunition by a person who is less than 21 years of age taken in defense of that person or other persons against an intruder into the residence of that person or a residence in which that person is an invited guest; or ; (7) by adding at the end of paragraph (3) the following: (E) a temporary transfer of a handgun or ammunition to a person who is at least 18 years of age and less than 21 years of age, or the temporary use or possession of a handgun or ammunition by a person who is at least 18 years of age and less than 21 years of age, if the handgun and ammunition are possessed and used by the person— (i) in the course of employment, in the course of ranching or farming related to activities at the residence of the person (or on property used for ranching or farming at which the person, with the permission of the property owner or lessee, is performing activities related to the operation of the farm or ranch), target practice, hunting, or a course of instruction in the safe and lawful use of a handgun; and (ii) in accordance with State and local law. ; and (8) in paragraph (4), by striking juvenile each place it appears and inserting person who is less than 21 years of age . 3. Enhanced penalty for youth possession of handguns and semiautomatic assault weapons and for the transfer of such weapons to youth Section 924(a)(6) of title 18, United States Code, is amended to read as follows: (6) (A) A juvenile who violates section 922(x) shall be fined under this title, imprisoned not more than one year, or both, and for a second or subsequent violation, or for a first violation committed after an adjudication of delinquency or after a State or Federal conviction for an act that, if committed by an adult, would be a serious violent felony (as defined in section 3559(c) of this title), shall be fined under this title, imprisoned not more than 5 years, or both. (B) A person other than a juvenile who knowingly violates section 922(x)— (i) shall be fined under this title, imprisoned not more than five years, or both; and (ii) if the person sold, delivered, or otherwise transferred a handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device to a person who is less than 21 years of age knowing or having reasonable cause to know that such person intended to carry or otherwise possess or discharge or otherwise use the handgun, ammunition, semiautomatic assault weapon, or large capacity ammunition feeding device in the commission of a crime of violence, shall be fined under this title, imprisoned for not more than 10 years, or both. . 4. 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. 5. Responsibility of adults for death and injury caused by child access to firearms Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) In this subsection, the term child means an individual who has not attained the age of 18 years. (2) Except as provided in paragraph (3), any person who— (A) keeps a loaded firearm, or an unloaded firearm and ammunition for the firearm, any one of which has been shipped or transported in interstate or foreign commerce, within any premises that is under the custody or control of that person; (B) knows, or recklessly disregards the risk, that a child is capable of gaining access to the firearm; and (C) (i) knows, or recklessly disregards the risk, that a child will use the firearm to cause death or serious bodily injury (as defined in section 1365 of this title) to the child or any other person; or (ii) knows, or recklessly disregards the risk, that possession of the firearm by the child is unlawful under Federal or State law, if the child uses the firearm to cause death or serious bodily injury to the child or any other person, shall be imprisoned not more than 3 years, fined under this title, or both. (3) Paragraph (2) shall not apply if— (A) at the time the child obtained access, the firearm was secured with a secure gun storage or safety device; (B) the person is a peace officer, a member of the Armed Forces, or a member of the National Guard, and the child obtains the firearm during, or incidental to, the performance of the official duties of the person in that capacity; (C) the child uses the firearm in a lawful act of self-defense or defense of 1 or more other persons; or (D) the person has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises on which the firearm is kept. . 6. Requirement that child be accompanied by an adult during a gun show (a) Prohibitions Section 922 of title 18, United States Code, is further amended by adding at the end the following: (bb) (1) The parent or legal guardian of a child shall ensure that, while the child is attending a gun show, the child is accompanied by an adult. (2) It shall be unlawful for a person to conduct a gun show to which there is admitted a child who is not accompanied by an adult. (3) In this subsection: (A) The term child means an individual who has not attained 18 years of age. (B) The term adult means an individual who has attained 18 years of age. . (b) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) Whoever violates section 922(bb) in a State shall be punished in accordance with the laws of the State that apply to persons convicted of child abandonment. . 7. Grants for gun safety education programs (a) Program authority The Attorney General is authorized to provide grants to units of local government to enable law enforcement agencies to develop and sponsor gun safety classes for parents and their children. (b) Application (1) In general Any unit of local government that desires to receive a grant award under this section shall submit an application to the Attorney General at such time, in such manner and containing such information as the Attorney General may reasonably require. (2) Contents Each application referred to in paragraph (1) shall include an assurance that— (A) funds received under this section shall be used only to provide funds to law enforcement agencies to provide gun safety classes; and (B) gun safety classes will be offered at times convenient to parents, including evenings and weekends. (c) Regulations The Attorney General shall issue any regulations necessary to carry out this section. 8. Education: nationwide firearms safety programs It is the sense of Congress that— (1) each school district should provide or participate in a firearms safety program for students in grades kindergarten through 12 and should consult with a certified firearms instructor before establishing the curriculum for the program; and (2) participation by students in a firearms safety program should not be mandatory if the district receives written notice from a parent of the student to exempt the student from the program.

https://www.govinfo.gov/content/pkg/BILLS-113hr65ih/xml/BILLS-113hr65ih.xml

113-hr-66

I 113th CONGRESS 1st Session H. R. 66 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to take actions to ensure that not fewer than 2 air traffic controllers are on duty and physically situated within the air traffic control room or tower of certain airports at all times during periods of airfield operations, and for other purposes. 1. Short title This Act may be cited as the Minimum Staffing of Air Traffic Controllers Act of 2013 . 2. Minimum staffing of air traffic controllers (a) In general The Secretary of Transportation shall take such actions as may be necessary to ensure that, at a covered airport, not fewer than 2 air traffic controllers are on duty and physically situated within the airport’s air traffic control room or tower at all times during periods of airfield operations. (b) Covered airport In this section, the term covered airport means an airport in the United States at which scheduled commercial air carrier operations are provided regularly.

https://www.govinfo.gov/content/pkg/BILLS-113hr66ih/xml/BILLS-113hr66ih.xml

113-hr-67

I 113th CONGRESS 1st Session H. R. 67 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend subtitle IV of title 40, United States Code, regarding county additions to the Appalachian region. 1. Additions to appalachian region Section 14102(a)(1)(K) of title 40, United States Code, is amended— (1) by inserting Hickman, after Hawkins, ; (2) by inserting Perry, after Overton, ; and (3) by inserting Wayne, after Washington, .

https://www.govinfo.gov/content/pkg/BILLS-113hr67ih/xml/BILLS-113hr67ih.xml

113-hr-68

I 113th CONGRESS 1st Session H. R. 68 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide that no Federal funds may be used by the Secretary of Homeland Security to approve a site security plan for a chemical facility, unless the facility meets or exceeds security standards and requirements to protect the facility against acts of terrorism established for such a facility by the State or local government for the area where the facility is located, and for other purposes. 1. Short title This Act may be cited as the Chemical Facility Security Improvement Act of 2013 . 2. Performance standards for security of chemical facilities (a) Limitation on use of funds (1) Limitation No Federal funds may be used by the Secretary of Homeland Security to approve a site security plan for a chemical facility unless the facility meets or exceeds security standards and requirements to protect the facility against acts of terrorism established for such a facility by the State or local government for the area where the facility is located. (2) Definitions In this subsection, each of the terms site security plan and chemical facility has the meaning that the term has in section 550 of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 120 Stat. 1388), as amended by this Act. (b) Amendments to existing law relating to approval of security plans Section 550 of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 120 Stat. 1388) is amended— (1) in subsection (a)— (A) by inserting from a terrorist attack after shall issue interim final regulations establishing risk-based performance standards for security of chemical facilities ; (B) by inserting of a terrorist attack after in the discretion of the Secretary, present high levels of security risk ; and (C) by striking the Secretary may not disapprove a site security plan submitted under this section based on the presence or absence of a particular security measure, but ; (2) in subsection (c)— (A) by striking consistent with similar and inserting identical to ; (B) by striking vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this section, and related vulnerability or security information, and inserting vulnerability assessments and site security plans ; and (C) by striking classified material and inserting sensitive security information (as that term is used in section 1520.5 of title 49, Code of Federal Regulations) ; and (3) in subsection (d), by striking: : Provided, That nothing in this section confers upon any person except the Secretary a right of action against an owner or operator of a chemical facility to enforce any provision of this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr68ih/xml/BILLS-113hr68ih.xml

113-hr-69

I 113th CONGRESS 1st Session H. R. 69 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Bordallo (for herself, Mr. Markey , Mr. Pierluisi , Mr. Sablan , and Mrs. Christensen ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing, to amend the Tuna Conventions Act of 1950 to implement the Antigua Convention, and for other purposes. 1. Short title This Act may be cited as the Illegal, Unreported, and Unregulated Fishing Enforcement 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. Title I—Strengthening Fisheries Enforcement Mechanisms Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act. Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement Act. Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992. Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985. Sec. 105. Amendments to the Western and Central Pacific Fisheries Convention Implementation Act. Sec. 106. Amendments to the South Pacific Tuna Act of 1988. Sec. 107. Amendments to the Antarctic Marine Living Resources Convention Act. Sec. 108. Amendments to the Atlantic Tunas Convention Act. Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965. Sec. 110. Amendments to the Dolphin Protection Consumer Information Act. Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982. Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act of 1995. Sec. 113. Amendment to the Magnuson-Stevens Fishery Conservation and Management Act. Sec. 114. International cooperation and assistance. Title II—Implementation of the Antigua Convention Sec. 201. Short title. Sec. 202. Amendment of the Tuna Conventions Act of 1950. Sec. 203. Definitions. Sec. 204. Commissioners; number, appointment, and qualifications. Sec. 205. General Advisory Committee and Scientific Advisory Subcommittee. Sec. 206. Rulemaking. Sec. 207. Prohibited acts. Sec. 208. Enforcement. Sec. 209. Reduction of bycatch. Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984. I Strengthening Fisheries Enforcement Mechanisms 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act (a) Administration and enforcement Section 606 of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826g ) is amended by inserting before the first sentence the following: (a) In general The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and of any State agency, in the performance of such duties. (b) Acts to which section applies This section applies to— (1) the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3631 et seq. ); (2) the Dolphin Protection Consumer Information Act ( 16 U.S.C. 1385 ); (3) the Tuna Conventions Act of 1950 ( 16 U.S.C. 951 et seq. ); (4) the North Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5001 et seq. ); (5) the South Pacific Tuna Act of 1988 ( 16 U.S.C. 973 et seq. ); (6) the Antarctic Marine Living Resources Convention Act of 1984 ( 16 U.S.C. 2431 et seq. ); (7) the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 971 et seq. ); (8) the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5601 et seq. ); and (9) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.). (c) Administration and enforcement The Secretary shall prevent any person from violating this Act, or any Act to which this section applies, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a part of and applicable to this Act and each such Act. (d) Special rules (1) In general Notwithstanding the incorporation by reference of certain sections of the Magnuson-Stevens Fishery Conservation and Management Act under subsection (c), if there is a conflict between a provision of this subsection and the corresponding provision of any section of the Magnuson-Stevens Fishery Conservation and Management Act so incorporated, the provision of this subsection shall apply. (2) Additional enforcement authority In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the Secretary, or the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), to enforce the provisions of any Act to which this section applies may, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1861 ) were incorporated into and made a part of each such Act— (A) search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products; (B) inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; (C) detain, for a period of up to 5 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 5 days; (D) make an arrest, in accordance with any guidelines which may be issued by the Attorney General, for any offense under the laws of the United States committed in the person’s presence, or for the commission of any felony under the laws of the United States, if the person has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (E) search and seize, in accordance with any guidelines that are issued by the Attorney General; and (F) execute and serve any subpoena, arrest warrant, search warrant issued in accordance with rule 41 of the Federal Rules of Criminal Procedure, or other warrant or civil or criminal process issued by any officer or court of competent jurisdiction. (3) Disclosure of enforcement information The Secretary may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) and the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 71 et seq. ) or the Western and Central Pacific Fisheries Convention Implementation Act ( 16 U.S.C. 6901 et seq. ) or other statutes implementing international fishery agreements, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if— (A) such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and (B) such disclosure is necessary— (i) to ensure compliance with any law or regulation enforced or administered by the Secretary; (ii) to administer or enforce any international fishery agreement to which the United States is a party; (iii) to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the United States is a party; (iv) to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or (v) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government. (e) Prohibited acts It is unlawful for any person— (1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; (2) to refuse to permit any officer authorized to enforce the provisions of this Act to board, search, or inspect a vessel, aircraft, vehicle, or shoreside facility subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this Act, or any Act to which this section applies; (3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2); (4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies; (5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of an other person, knowing that such person has committed any act prohibited by this section or any Act to which this section applies; or (6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with— (A) any observer on a vessel under this Act or any Act to which this section applies; or (B) any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this Act or any Act to which this section applies. (f) Civil penalty Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1858 ). (g) Criminal penalty Any person who commits an act that is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1859(b) ). (h) Utilization of Federal agency assets . (b) Actions To improve the effectiveness of international fishery management organizations Section 608 of such Act ( 16 U.S.C. 1826i ) is amended by— (1) inserting before the first sentence the following: (a) In general.— ; (2) in subsection (a) (as designated by paragraph (1) of this subsection) in the first sentence, inserting , or arrangements made pursuant to an international fishery agreement, after organizations ; and (3) adding at the end the following new subsections: (b) Disclosure of information The Secretary may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) and the Atlantic Tunas Convention Act of 1975 ( 16 U.S.C. 71 et seq. ), the Western and Central Pacific Fisheries Convention Implementation Act ( 16 U.S.C. 6901 et seq. ), any other statute implementing an international fishery agreement, to any other Federal or State government agency, the Food and Agriculture Organization of the United Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, if such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure. (c) IUU vessel lists The Secretary may— (1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, that— (A) the United States is party to; or (B) the United States is not party to, but whose procedures and criteria in developing and maintaining a list of such vessels and vessel owners are substantially similar to such procedures and criteria adopted pursuant to an international fishery agreement to which the United States is a party; and (2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade agreements. (d) Regulations The Secretary may promulgate regulations to implement this section. . (c) Notification regarding identification of nations Section 609(b) of such Act ( 166 U.S.C. 1826j(b) ) is amended to read as follows: (b) Notification The Secretary shall notify the President and that nation of such an identification. . (d) Nations identified under section 610 Section 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows: (1) notify, as soon as possible, the President and nations that have been identified under subsection (a), and also notify other nations whose vessels engage in fishing activities or practices described in subsection (a), about the provisions of this section and this Act; . (e) Effect of certification under section 609 Section 609(d)(3)(A)(i) of such Act ( 16 U.S.C. 1826j(d)(3)(A)(i) ) is amended by striking that has not been certified by the Secretary under this subsection, or . (f) Effect of certification under section 610 Section 610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking that has not been certified by the Secretary under this subsection, or . (g) Identification of nations (1) Scope of identification for actions of fishing vessels Section 609(a) of such Act ( 16 U.S.C. 1826j(a) ) is amended— (A) in the matter preceding paragraph (1) by striking 2 years and inserting 3 years ; (B) in paragraph (1), by inserting that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether after (1) ; and (C) in paragraph (1), by striking vessels of . (2) Additional grounds for identification Section 609(a) of such Act (16 U.S.C. 1826j(a)) is further amended— (A) by redesignating paragraphs (1) and (2) in order as subparagraphs (A) and (B) (and by moving the margins of such subparagraphs 2 ems to the right); (B) by inserting before the first sentence the following: (1) Identification for actions of fishing vessels ; and (C) by adding at the end the following: (2) Identification for actions of nation Taking into account the factors described under section 609(a)(1), the Secretary shall also identify, and list in such report, a nation— (A) if it is violating, or has violated at any point during the preceding three years, conservation and management measures required under an international fishery management agreement to which the United States is a party and the violations undermine the effectiveness of such measures; or (B) if it is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under paragraph (1)(B). (3) Application to other entities Where the provisions of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international fishery management agreements. . (3) Period of fishing practices supporting identification Section 610(a)(1) of such Act ( 16 U.S.C. 1826k(a)(1) ) is amended by striking calendar year and replacing with three years . (h) Authorization of appropriations (1) Section 609(f) of such Act ( 16 U.S.C. 1826j ) is amended by— (A) striking 2007 and inserting 2014 ; and (B) striking 2013 and inserting 2019 . (2) Section 610(f) of such Act ( 16 U.S.C. 1826k ) is amended by— (A) striking 2007 and inserting 2014 ; and (B) striking 2013 and inserting 2019 . (i) Technical corrections (1) Section 607(2) of such Act ( 16 U.S.C. 1826h(2) ) is amended by striking whose vessels and inserting that . (2) Section 609(d)(1) of such Act ( 16 U.S.C. 1826j(d)(1) ) is amended by striking of its fishing vessels . (3) Section 609(d)(1)(A) of such Act ( 16 U.S.C. 1826j(d)(1)(A) ) is amended by striking of its fishing vessels . (4) Section 609(d)(2) of such Act ( 16 U.S.C. 1826j(d)(2) ) is amended— (A) by striking for certification and inserting to authorize ; (B) by inserting the importation after or other basis ; (C) by striking harvesting ; and (D) by striking not certified under paragraph (1) and inserting issued a negative certification under paragraph (1) . (5) Section 610 of such Act ( 16 U.S.C. 1826k ) is amended as follows: (A) In subsection (a)(1), by striking practices; and inserting practices— . (B) In subsection (c)(1)(A), by striking , and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful handling and release equipment, and training and observer programs . (C) In subsection (c)(4), by striking all preceding subparagraph (B) and inserting the following: (4) Alternative procedure The Secretary may establish a procedure to authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected marine species, or were harvested by practices that— (A) are comparable to those of the United States, taking into account different conditions; and . 102. Amendments to the High Seas Driftnet Fisheries Enforcement Act (a) Negative certification effects Section 101 of the High Seas Driftnet Fisheries Enforcement Act ( 16 U.S.C. 1826a ) is amended— (1) in subsection (a)(2), by striking recognized principles of after in accordance with ; (2) in subsection (a)(2)(A), by inserting or, as appropriate, for fishing vessels of a nation that receives a negative certification under section 609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826) after (1) ; (3) in subsection (a)(2)(B), by inserting before the period the following: , except for the purposes of inspecting such vessel, conducting an investigation, or taking other appropriate enforcement action ; (4) in subsection (b)(1)(A)(i), by striking or illegal, unreported, or unregulated fishing after driftnet fishing ; (5) in subsection (b)(1)(B) and subsection (b)(2), by striking or illegal, unreported, or unregulated fishing after driftnet fishing each place it appears; (6) in subsection (b)(3)(A)(i), by inserting or a negative certification under section 609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(d) , 1826k(c)) after (1)(A) ; (7) in subsection (b)(4)(A), by inserting or issues a negative certification under section 609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(d) , 1826k(c)) after paragraph (1) ; (8) in subsection (b)(4)(A)(i), by striking or illegal, unreported, or unregulated fishing after driftnet fishing ; and (9) in subsection (b)(4)(A)(i), by inserting , or to address the offending activities for which a nation received a negative certification under section 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 1826k(c)) after beyond the exclusive economic zone of any nation . (b) Duration of negative certification effects Section 102 of such Act (16 U.S.C. 1826b) is amended by— (1) striking or illegal, unreported, or unregulated fishing ; and (2) inserting or effectively addressed the offending activities for which the nation received a negative certification under 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act ( 16 U.S.C. 1826j(d) , 1826k(c)) before the period at the end. 103. Amendments to North Pacific Anadromous Stocks Act of 1992 (a) Unlawful activities Section 810 of the North Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5009 ) is amended— (1) in paragraph (5), by inserting , investigation, after search ; and (2) in paragraph (6), by inserting , investigation, after search . (b) Additional prohibitions and enforcement Section 811 of the Northern Pacific Anadromous Stocks Act of 1992 ( 16 U.S.C. 5010 ) is amended to read as follows: 811. Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 104. Amendments to the Pacific Salmon Treaty Act of 1985 Section 8 of the Pacific Salmon Treaty Act of 1985 ( 16 U.S.C. 3637 ) is amended— (1) in subsection (a)(2)— (A) by inserting , investigation, after search ; and (B) by striking this title; and inserting this Act; ; (2) in subsection (a)(3)— (A) by inserting , investigation, after search ; and (B) by striking subparagraph (2) ; and inserting paragraph (2); ; (3) in subsection (a)(5), by striking this title; or and inserting this Act; ; and (4) by striking subsections (b) through (f) and inserting the following: (b) Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 105. Amendments to the Western and Central Pacific Fisheries Convention Implementation Act The Western and Central Pacific Fisheries Convention Implementation Act (title V of Public Law 109–479 ) is amended— (1) by amending section 506(c) ( 16 U.S.C. 6905(c) ) to read as follows: (c) Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). ; and (2) in section 507(a)(2) ( 16 U.S.C. 6906(a)(2) ) by striking suspension, on and inserting suspension, of . 106. Amendments to the South Pacific Tuna Act of 1988 The South Pacific Tuna Act of 1988 is amended— (1) in section 5(a) ( 16 U.S.C. 973c(a) )— (A) in paragraph (8), by inserting , investigation, after search ; and (B) in paragraph (10), by inserting , investigation, after search ; and (2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the following: 7. Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 107. Amendments to the Antarctic Marine Living Resources Convention Act The Antarctic Marine Living Resources Convention Act of 1984 is amended— (1) in section 306 (16 U.S.C. 2435)— (A) in paragraph (3), by striking which he knows, or reasonably should have known, was ; (B) in paragraph (4), by inserting , investigation, after search ; and (C) in paragraph (5), by inserting , investigation, after search ; (2) in section 307 (16 U.S.C. 2436)— (A) by inserting (a) In general.— before the first sentence; and (B) by adding at the end the following: (b) Regulations To implement conservation measures (1) In general Notwithstanding subsections (b), (c), and (d) of section 553 of title 5, United States Code, the Secretary of Commerce may publish in the Federal Register a final regulation to implement any conservation measure for which the Secretary of State notifies the Commission under section 305(a)(1)— (A) that has been in effect for 12 months or less; (B) that is adopted by the Commission; and (C) with respect to which the Secretary of State does not notify Commission in accordance with section 305(a)(1) within the time period allotted for objections under Article IX of the Convention. (2) Entering into force Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to the United States. ; and (3) by striking sections 308 and 309 (16 U.S.C. 2437 and 2438) and inserting the following: 308. Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 108. Amendments to the Atlantic Tunas Convention Act The Atlantic Tunas Convention Act of 1975 is amended— (1) in section 6(c)(2) ( 16 U.S.C. 971d(c)(2)(2) )— (A) by striking (A) and inserting (i) ; (B) by striking (B) and inserting (ii) ; (C) by inserting (A) after (2) ; and (D) by adding at the end the following: (B) Notwithstanding the requirements of subparagraph (A) and subsections (b) and (c) of section 553 of title 5, United States Code, the Secretary may issue final regulations to implement Commission recommendations referred to in paragraph (1) concerning trade restrictive measures against nations or fishing entities. ; (2) in section 7 (16 U.S.C. 971e) by striking subsections (e) and (f) and redesignating subsection (g) as subsection (e); (3) in section 8 (16 U.S.C. 971f)— (A) by striking subsections (a) and (c); and (B) by inserting before subsection (b) the following: (a) For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). ; (4) in section 8(b) by striking the enforcement activities specified in section 8(a) of this Act each place it appears and inserting enforcement activities with respect to this Act that are otherwise authorized by law ; and (5) by striking section 11 ( 16 U.S.C. 971j ) and redesignating sections 12 and 13 as sections 11 and 12, respectively. 109. Amendments to the High Seas Fishing Compliance Act of 1965 Section 104(f) of the High Seas Fishing Compliance Act of 1995 ( 16 U.S.C. 5503(f) ) is amended to read as follows: (f) Validity A permit issued under this section for a vessel is void if— (1) any other permit or authorization required for the vessel to fish is expired, revoked, or suspended; or (2) the vessel is no longer documented under the laws of the United States or eligible for such documentation. . 110. Amendments to the Dolphin Protection Consumer Information Act The Dolphin Protection Consumer Information Act ( 16 U.S.C. 1385 ) is amended by amending subsection (e) to read as follows: (e) Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 111. Amendments to the Northern Pacific Halibut Act of 1982 (a) Prohibited acts Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended— (1) in paragraph (a) by redesignating subparagraphs (1) through (6) as subparagraphs (A) through (F); (2) by redesignating paragraphs (a) and (b) as paragraphs (1) and (2), respectively; (3) by in paragraph (1)(B), as so redesignated, by inserting , investigation, before or inspection ; (4) by in paragraph (1)(C), as so redesignated, by inserting , investigation, before or inspection ; (5) in paragraph (1)(E), as so redesignated, by striking or after the semicolon; and (6) in paragraph (1)(F), as so redesignated, by striking section. and inserting section; or . (b) Enforcement powers Section 11 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773i) is amended by adding at the end the following: (g) In addition to the powers of officers authorized pursuant to subsection (b), any officer who is authorized by the Secretary, or by the head of any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), to enforce the Convention, this Act, or any regulation adopted under this Act, may— (1) search or inspect any facility or conveyance used or employed in, or which reasonably appears to be used or employed in, the storage, processing, transport, or trade of fish or fish products; (2) inspect records pertaining to the storage, processing, transport, or trade of fish or fish products; and (3) detain, for a period of up to 5 days, any shipment of fish or fish product imported into, landed on, introduced into, exported from, or transported within the jurisdiction of the United States, or, if such fish or fish product is deemed to be perishable, sell and retain the proceeds therefrom for a period of up to 5 days. . 112. Amendments to the Northwest Atlantic Fisheries Convention Act of 1995 Section 207 of the Northwest Atlantic Fisheries Convention Act of 1995 ( 16 U.S.C. 5606 ) is amended— (1) in the section heading, by striking and penalties and inserting and enforcement ; (2) in subsection (a)(2), by inserting , investigation, before or inspection ; (3) in subsection (a)(3), by inserting , investigation, before or inspection ; and (4) by striking subsections (b) through (f) and inserting the following: (b) Additional prohibitions and enforcement For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 113. Amendment to the Magnuson-Stevens Fishery Conservation and Management Act Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1857(1)(Q) ) is amended by inserting before the semicolon the following: or any treaty or in contravention of any binding conservation measure adopted by an international agreement or organization to which the United States is a party . 114. International cooperation and assistance (a) International cooperation and assistance The Secretary of Commerce, acting through the National Marine Fisheries Service, may engage in international cooperation and provide assistance, including grants, to help other nations achieve sustainable fisheries. (b) Authorized activities In providing assistance to other nations, the Secretary may— (1) provide funding and technical expertise to other nations to assist them in addressing illegal, unreported, or unregulated fishing activities; (2) provide funding and technical expertise to other nations to assist them in reducing the loss and environmental impacts of derelict fishing gear, reducing the bycatch of living marine resources, and promoting international marine resource conservation; (3) provide funding, technical expertise, and training to other nations to aid them in building capacity for enhanced fisheries management, fisheries monitoring, catch and trade tracking activities, enforcement, and international marine resource conservation; (4) establish partnerships with other Federal agencies or non-governmental organizations, as appropriate, to ensure that fisheries development assistance to other nations is directed toward projects that promote sustainable fisheries; and (5) conduct outreach and education efforts in order to promote public and private sector awareness of international fisheries sustainability issues, including the need to combat illegal, unreported, or unregulated fishing activity and to promote international marine resource conservation. (c) Guidelines The Secretary may establish guidelines necessary to implement this section. II Implementation of the Antigua Convention 201. Short title This title may be cited as the Antigua Convention Implementing Act of 2011 . 202. Amendment of the Tuna Conventions Act of 1950 Except as otherwise expressly provided, whenever in this title 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 Tuna Conventions Act of 1950 ( 16 U.S.C. 951 et seq. ). 203. Definitions Section 2 ( 16 U.S.C. 951 ) is amended to read as follows: 2. Definitions In this Act: (1) Antigua convention The term Antigua Convention means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003. (2) Commission The term Commission means the Inter-American Tropical Tuna Commission provided for by the Convention. (3) Convention The term Convention means— (A) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica; (B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or (C) both such Conventions, as the context requires. (4) Person The term person means an individual, partnership, corporation, or association subject to the jurisdiction of the United States. (5) United states The term United States includes all areas under the sovereignty of the United States. (6) United States commissioners The term United States commissioners means the individuals appointed in accordance with section 3(a). . 204. Commissioners; number, appointment, and qualifications Section 3 ( 16 U.S.C. 952 ) is amended to read as follows: 3. Commissioners (a) Commissioners The United States shall be represented on the Commission by 4 United States Commissioners. The President shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President shall select United States Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical Pacific Ocean, one of whom shall be an officer or employee of the Department of Commerce. Not more than 2 United States Commissioners may be appointed who reside in a State other than a State whose vessels maintain a substantial fishery in the area of the Convention. (b) Alternate Commissioners The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise, at any meeting of the Commission or of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any United States Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting. (c) Administrative Matters (1) Employment status Individuals serving as United States Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code. (2) Compensation The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as United States Commissioners or Alternate Commissioners. (3) Travel expenses (A) The Secretary of State shall pay the necessary travel expenses of United States Commissioners and Alternate United States Commissioners to meetings of the Inter-American Tropical Tuna Commission and other meetings the Secretary of State deems necessary to fulfill their duties, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code. (B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection. . 205. General Advisory Committee and Scientific Advisory Subcommittee Section 4 ( 16 U.S.C. 953 ) is amended— (1) by striking subsection (a) and inserting the following: (a) General Advisory Committee (1) Appointments; public participation; compensation (A) The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the United States delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow. (B) The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the General Advisory Committee by virtue of their positions in those Councils. (C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment. (D) The General Advisory Committee shall be invited to attend all non-executive meetings of the United States delegation and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. (E) The General Advisory Committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this title, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the public a statement of its organization, practices and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (2) Information sharing The Secretary and the Secretary of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery agreements. (3) Administrative matters (A) The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning. (B) Individuals appointed to serve as a member of the General Advisory Committee— (i) shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code; and (ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code. ; (2) by striking so much of subsection (b) as precedes paragraph (2) and inserting the following: (b) Scientific Advisory Subcommittee (1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations. ; and (3) in subsection (b)(3), by striking General Advisory Subcommittee and inserting General Advisory Committee . 206. Rulemaking Section 6 ( 16 U.S.C. 955 ) is amended to read as follows: 6. Rulemaking (a) Regulations The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, may promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (b) Jurisdiction The Secretary may promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on such date as the Secretary shall prescribe. . 207. Prohibited acts Section 8 ( 16 U.S.C. 957 ) is amended— (1) by striking section 6(c) of this Act each place it appears and inserting section 6 ; and (2) by adding at the end the following: (i) Additional prohibitions and enforcement For prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 208. Enforcement Section 10 ( 16 U.S.C. 959 ) is amended to read as follows: 10. Enforcement For enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). . 209. Reduction of bycatch Section 15 (16 U.S.C. 962) is amended by striking vessel and inserting vessels . 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984 The Eastern Pacific Tuna Licensing Act of 1984 ( 16 U.S.C. 972 et seq. ) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr69ih/xml/BILLS-113hr69ih.xml

113-hr-70

I 113th CONGRESS 1st Session H. R. 70 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Science, Space, and Technology and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Interior and the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, to initiate immediate action to create jobs in America, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Deficit Reduction, Job Creation, and Energy Security Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Title I—Deficit Reduction Energy Security Sec. 101. Deficit Reduction Acreage. Sec. 102. Deficit Reduction Energy Security Fund and Coastal and Ocean Sustainability and Health Fund. Sec. 103. Coastal and Ocean Disaster Grant Program. Sec. 104. National Grant Program for Coastal and Ocean Sustainability and Health. Sec. 105. Eligible uses of grants. Sec. 106. Grant application. Title II—Timely issuance of offshore oil and gas leases Sec. 201. Reinstatement of offshore oil and gas leases. Sec. 202. Effective and efficient environmental review. Title III—Office of Energy Employment and Training and Office of Minority and Women Inclusion Sec. 301. Establishment of Office of Energy Employment and Training. Sec. 302. Office of Minority and Women Inclusion. Title IV—Miscellaneous provisions Sec. 401. Reporting. 2. Findings The Congress finds and declares the following: (1) The Nation is currently experiencing a national employment emergency, and urgent action is needed to put Americans back to work in well-paid, long-term jobs. (2) The Federal Government distributed over $10,000,000,000 to Federal, State, and Indian accounts from energy production during fiscal year 2009, primarily from oil and natural gas production. (3) The domestic oil and natural gas industry is responsible for approximately 9.2 million jobs. (4) The approximately 43 million leased Outer Continental Shelf acres currently account for about 15 percent of America’s domestic natural gas production and about 27 percent of America’s domestic oil production. (5) The leasing of these domestic offshore areas for oil and natural gas development provides significant economic benefits to the Federal Government, as well as to States and localities, through the creation and sustenance of jobs and domestic product. (6) The Department of the Interior’s Bureau of Ocean Energy Management currently has authorities under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) and related laws that can be effectively utilized to create jobs and revitalize the Nation’s economy. (7) Effective and expedited development of Gulf of Mexico oil and natural gas resources could generate thousands of new jobs, many of which could be created almost immediately. (8) The coastal regions of the United States have high productivity and contribute approximately 50 percent of the gross domestic product of the United States. (9) The economies and social structure of many communities are dependent on resources from ocean, coastal, and Great Lakes ecosystems. (10) Supporting science, research, monitoring, modeling, forecasting, exploration, and assessment will continue to improve our understanding of the ocean, coastal, and Great Lakes ecosystems as well as their long-term economic sustainability. (11) Safeguarding these ecosystems is crucial to protecting the environment and waters of the United States. (12) The growth of our energy domestic resources is vital to America’s national security. 3. Purposes The purposes of this Act are the following: (1) Require the Secretary of the Interior to utilize its authorities regarding the leasing and development of offshore oil and gas resources to accelerate job creation and economic revitalization to the fullest extent practicable, taking into account the Department of the Interior’s responsibilities regarding conservation, safety, and protection of the environment. (2) Promote expansion of domestic employment opportunities. (3) Respond to the Nation’s increased need for domestic oil and natural gas resources. (4) Support the utilization of the Outer Continental Shelf for oil and gas production and transmission. (5) Protect, conserve, restore, and understand the oceans, coasts, and Great Lakes of the United States, ensuring present and future generations will benefit from the full range of ecological, economic, educational, social, cultural, nutritional, and recreational opportunities and services those resources are capable of providing. (6) Confirm and ensure the validity of appropriate oil and gas leases issued under the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012. (7) Ensure the continued leasing of Outer Continental Shelf areas pursuant to the Final Outer Continental Shelf Oil and Gas Leasing Program, 2007–2012. 4. Definitions In this Act: (1) The term Act means the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). (2) The term coastal State has the same meaning that the term coastal state has in the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1451 et seq. ). (3) The term DRES Fund means the Deficit Reduction Energy Security Fund. (4) The term COSH Fund means the Coastal and Ocean Sustainability and Health Fund established by section 102. (5) The term program means a Final Outer Continental Shelf Oil and Gas Leasing Program issued under section 18 of the Act ( 43 U.S.C. 1344 ). (6) The term Secretary means the Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration. (7) Other terms shall have the same meaning such terms have under the Act. I Deficit Reduction Energy Security 101. Deficit Reduction Acreage (a) In general The Secretary of the Interior shall, during the period covered by the Proposed Outer Continental Shelf Oil and Gas Leasing Program for 2012–2017 issued by the Department of the Interior, and in addition to the acreage proposed to be leased under such program, conduct oil and gas lease sales under the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) for additional acreage of the outer Continental Shelf (as that term is used in that Act) that total 10 percent of the acreage proposed to be leased under such program. The acreage for which lease sales are required under this section shall be known as the Deficit Reduction Acreage. (b) Annual requirement In each year in such period, the Secretary shall lease 20 percent of the Deficit Reduction Acreage. 102. Deficit Reduction Energy Security Fund and Coastal and Ocean Sustainability and Health Fund (a) Deficit Reduction Energy Security Fund (1) In general There is hereby established in the Treasury a separate account to be known as the Deficit Reduction Energy Security Fund, consisting of such amounts as may be appropriated or credited to it. (2) Deposit of Deficit Reduction Acreage lease revenues (A) In general Except as provided in subparagraph (C), all rentals, royalties, bonus bids, and other sums due and payable to the United States under Deficit Reduction Acreage lease sales during the 15-fiscal-year period beginning with the first fiscal year in which such sums are received by the United States shall be deposited in the DRES fund. (B) Holding of oil and gas revenues Any amount deposited into the DRES Fund under subparagraph (A)— (i) shall remain in DRES Fund and be invested in accordance with paragraph (2) until the end of the second full fiscal year after the amount is deposited into the DRES Fund; and (ii) upon the end of such fiscal year, shall be transferred to the general fund and applied solely to reduce the annual Federal budget deficit. (C) Payments to States not affected This Act shall not affect any requirement under other law to pay to States amounts received by the United States as such royalties, bonus bids, and other sums due and payable to the United States. (3) Investment (A) In general Amounts in the DRES Fund shall be invested by the Secretary of the Treasury in accordance with section 9602 of the Internal Revenue Code of 1986. (B) Inclusion of interest in DRES Fund All interest earned on, and the proceeds from the sale or redemption of, any obligations held in the DRES Fund— (i) shall be credited to and form part of the DRES Fund; and (ii) shall remain in the DRES Fund until transferred under paragraph (5), without regard to paragraph (2)(B)(ii). (4) Availability of proceeds of deposits Amounts credited to the DRES Fund under paragraph (3)(B) in excess of the amounts deposited into the DRES Fund under paragraph (2) shall— (A) be available for expenditure, without further appropriation, solely for the purpose of and activities eligible under this Act; and (B) remain available until expended, without fiscal year limitation. (5) Transfer of interest to Coastal and Ocean Sustainability and Health Fund Upon the transfer of an amount under paragraph (2)(B)(ii), the interest earned on such amount shall be transferred to the Coastal and Ocean Sustainability and Health Fund established under subsection (b). (b) Coastal and Ocean Sustainability and Health Fund (1) In general There is hereby established in the Treasury a separate account to be known as the Coastal and Ocean Sustainability and Health Fund, consisting of such amounts of interest as are transferred to it under subsection (a)(5). (2) Availability Of the amounts transferred to the COSH Fund under subsection (a)(5) each fiscal year— (A) not more than 5 percent shall be available to the Secretary of Commerce to administer this title; and (B) the remainder shall be available to the Secretary of Commerce until expended and without fiscal year limitation, for use for— (i) the Coastal and Ocean Disaster Grant Program under section 102; and (ii) the National Grant Program under section 103. (3) Allocation of funding for grant programs Of amounts available under paragraph (2)(B), the Secretary of Commerce shall allocate— (A) 40 percent for the Coastal and Ocean Disaster Grant Program under section 103, of which— (i) 50 percent shall be allocated equally among impacted coastal States; (ii) 20 percent shall be allocated based on intensity of impact of disasters on impacted coastal States; (iii) 15 percent shall be allocated based on tidal shorelines of impacted coastal States; and (iv) 15 percent of the funds shall be allocated based on the coastal population of impacted coastal States. (B) Sixty percent for the National Grant Program for Coastal and Ocean Sustainability and Health under section 104, of which— (i) 50 percent shall be allocated to coastal States; (ii) 50 percent shall be allocated to any State, local, territory, and tribal governments, institutions of higher learning, and non-profit and for-profit organizations that may receive and expend Federal funds as legal entities; and (iii) no more than 10 percent of the total amount of funds available shall be allocated to a single State or entity in a fiscal year. (c) General administrative charges prohibited Grants issued under this Act shall not be subject to a general administrative charge. (d) Redeposit of unused funds Any funds provided as a grant under this title that are not used by the grantee by the end of the fiscal year following the first fiscal year for which they were allocated shall be redeposited into the COSH Fund and be reallocated in accordance with this section. 103. Coastal and Ocean Disaster Grant Program (a) In general The Secretary of Commerce shall use amounts allocated under section 102(b)(2)(B)(i) to make grants to coastal States and Indian tribes impacted by coastal or ocean disasters for the purposes of restoring, mitigating, monitoring, or otherwise managing coastal and ocean natural resources impacted by such disasters. (b) Eligibility (1) First 5 years During the 5-fiscal year period beginning with the first fiscal year for which amounts are available for grants under this section, a coastal State or Indian tribe shall be eligible for a grant under this section only if— (A) it is one of the States of Texas, Louisiana, Mississippi, Alabama, and Florida, or an Indian tribe in such State; or (B) it is determined by the Secretary, in that period, to be a coastal State that has been impacted by a coastal or ocean disaster. (2) After first 5 years After the end of such 5-fiscal-year period, if the Secretary determines for a fiscal year that there is no coastal State that has been so impacted, the amount allocated for that fiscal year for grants under this section shall be added to the amounts allocated for that fiscal year under section 102(b)(2)(B)(ii) for the National Grant Program for Coastal and Ocean Sustainability and Health. (3) Limitation A coastal State or Indian tribe shall not be eligible for a grant under this section if it is receiving assistance under another Federal law for an activity described in section 105(b) conducted for a purpose referred to in subsection (a). 104. National Grant Program for Coastal and Ocean Sustainability and Health (a) In general The Secretary of Commerce shall use amounts allocated under section 102(b)(2)(B)(ii) (including amounts added under section 103(b)(2)) to make grants to coastal States that are eligible under subsection (b). (b) Eligibility To be eligible for a grant under this section, a person— (1) must be— (A) a coastal State that has a management program approved by the Secretary under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 ); or (B) a State, local, territory, or tribal government, institution of higher learning, or nonprofit or and for-profit organization that may receive and expend Federal funds as a legal entity; and (2) must submit to the Secretary a multiyear plan for use of the grant that— (A) specifies how the grant funds will be allocated; (B) is sufficiently flexible to allow the coastal State to respond to emerging needs; and (C) is approved by the Secretary. 105. Eligible uses of grants (a) In general Amounts provided as a grant under this title shall be used for activities described in subsection (b) that are intended to restore, protect, maintain, manage, or understand marine resources and their habitats and resources in coastal and ocean waters, including baseline scientific research and other activities carried out in coordination with Federal and State departments or agencies, that are consistent with Federal environmental laws, and that avoid environmental degradation. (b) Included activities Activities referred to in subsection (a) include— (1) coastal management planning and implementation under the Coastal Zone Management Act of 1972; (2) coastal and estuarine land protection, including the protection of the environmental integrity of important coastal and estuarine areas, such as wetlands and forests, that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion to other uses; (3) efforts to protect and manage living marine resources, including fisheries, coral reefs, research, management, and enhancement; (4) programs, activities, and new technology designed to improve or complement the management and mission of national marine sanctuaries, marine monuments, national estuarine research reserves, and marine protected areas; (5) mitigation, restoration, protection, and relocation of coastal communities threatened by the impacts of climate change; (6) mitigation of the effects of offshore activities, including environmental restoration; (7) efforts to acquire, protect and restore coastal lands and wetlands, and to restore or prevent damage to wetlands in the coastal zone, coastal estuaries, and lands, life, and property in the coastal zone; (8) management of non-point sources of coastal and marine pollution; (9) long-term coastal and ocean research and education, monitoring, and natural resource management; (10) regional multi-State management efforts designed to manage, protect, or restore the coastal zone and ocean resources; or (11) management and administration of authorized activities. 106. Grant application A person seeking a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. II Timely issuance of offshore oil and gas leases 201. Reinstatement of offshore oil and gas leases Section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) is amended by adding at the end the following: (i) The Secretary is authorized, upon petition of a prior leaseholder, to reinstate any Expired Producible Lease in the offshore Gulf or Mexico if such reinstatement furthers the purposes and objectives of this Act. The Secretary shall act on such petitions as soon as possible after receipt thereof, and in any event, within 90 days of receipt of such petition or prior to the next scheduled lease sale in which such lease would be included, whichever is earlier. Any lease application pending for more than 90 days shall be reported to Congress, the Secretary of the Interior, and the Assistant Secretary for Land Management every 15 days until the application is acted upon. . 202. Effective and efficient environmental review (a) Completion of analyses for lease sales The Secretary shall, to the maximum extent practicable, complete all analyses, processes, and procedures required by section 18 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344 ) or under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ; referred to in this section as NEPA ), in connection with exploration and development under any lease to be offered for sale under this Act, prior to the annual lease sale in which such lease is first offered. (b) Treatment of Secretary’s actions Notwithstanding the provisions of any other law, the Secretary’s actions, after any initial lease sale, in approving and enforcing safety requirements and spill prevention and response requirements in individual plans or permits shall be deemed to be actions for the purpose of conserving and protecting the environment that are not subject to NEPA review requirements. III Office of Energy Employment and Training and Office of Minority and Women Inclusion 301. Establishment of Office of Energy Employment and Training (a) Establishment The Secretary of the Interior shall establish an Office of Energy Employment and Training, which shall oversee the efforts of the Department of the Interior’s energy planning, permitting, and regulatory activities to carry out the purposes, objectives, and requirements of this Act. (b) Director (1) In general The Office shall be directed by an Assistant Secretary for Energy Employment and Training, who shall report directly to the Secretary and shall be fully employed to carry out the functions of the Office. (2) Duties The Assistant Secretary for Energy Employment and Training shall perform the following functions: (A) Develop and implement systems to track the Department’s compliance with the purposes, objectives, and requirements of the Act. (B) Report at least quarterly to the Secretary regarding the Department’s compliance with the purposes, objectives, and requirements of this Act, including but not limited to specific data regarding the numbers and types of jobs created through the Department’s efforts and a report on all job training programs planned or in progress by the Department. (C) Design and recommend to the Secretary programs and policies aimed at ensuring the Department’s compliance with the purposes, objectives, and requirements of this Act, and oversee implementation of such programs approved by the Secretary. (D) Develop procedures for enforcement of the Department’s requirements and responsibilities under this Act. (E) Support the activities of the Office of Minority and Women Inclusion and any other offices or branches established by the Secretary within the Office of Energy Employment and Training. (F) Assist the Secretary in complying with the reporting requirements of title V of this Act. 302. Office of Minority and Women Inclusion (a) Office of Minority and Women Inclusion (1) Establishment The Secretary of the Interior shall establish an Office of Minority and Women Inclusion not later than 6 months after the effective date of this Act, that shall be responsible for all matters of the Department of the Interior relating to diversity in management, employment, and business activities. (2) Transfer of responsibilities The Secretary of the Interior shall ensure that the responsibilities described in paragraph (1) (or comparable responsibilities) that are assigned to any other office, agency, or bureau of the Department on the day before the date of enactment of this Act are transferred to the Office of Minority and Women Inclusion. (3) Duties with respect to civil rights laws The responsibilities described in paragraph (1) do not include enforcement of statutes, regulations, or executive orders pertaining to civil rights, except each Director shall coordinate with the Secretary, or the designee of the Secretary, regarding the design and implementation of any remedies resulting from violations of such statutes, regulations, or executive orders. (b) Director (1) In general The Office shall have a Director who shall be appointed by, and shall report to, the Secretary of the Interior. The position of Director shall be a career reserved position in the Senior Executive Service, as that position is defined in section 3132 of title 5, United States Code, or an equivalent designation. (2) Duties The Director shall develop standards for— (A) equal employment opportunity and the racial, ethnic, and gender diversity of the workforce and senior management of the Department; (B) increased participation of minority-owned and women-owned businesses in the programs and contracts of the Department, including standards for coordinating technical assistance to such businesses; and (C) assessing the diversity policies and practices of entities regulated by the Department. (3) Other duties The Director shall advise the Secretary of the Interior on the impact of the policies and regulations of the Department on minority-owned and women-owned businesses. (4) Rule of construction Nothing in paragraph (2)(C) may be construed to mandate any requirement on or otherwise affect the lending policies and practices of any regulated entity, or to require any specific action based on the findings of the assessment. (c) Inclusion in all levels of business activities (1) In general The Director shall develop and implement standards and procedures to ensure, to the maximum extent possible, the fair inclusion and utilization of minorities, women, and minority-owned and women-owned businesses in all business and activities of the Department at all levels, including in procurement, insurance, and all types of contracts. (2) Contracts The procedures established by the Department for review and evaluation of contract proposals and for hiring service providers shall include, to the extent consistent with applicable law, a component that gives consideration to the diversity of the applicant. Such procedure shall include a written statement, in a form and with such content as the Director shall prescribe, that a contractor shall ensure, to the maximum extent possible, the fair inclusion of women and minorities in the workforce of the contractor and, as applicable, subcontractors. (3) Termination (A) Determination The standards and procedures developed and implemented under this subsection shall include a procedure for the Director to make a determination whether a Department contractor, and, as applicable, a subcontractor has failed to make a good faith effort to include minorities and women in their workforce. (B) Effect of determination (i) Recommendation to Secretary Upon a determination described in subparagraph (A), the Director shall make a recommendation to the Secretary that the contract be terminated. (ii) Action by Secretary Upon receipt of a recommendation under clause (i), the Secretary may— (I) terminate the contract; (II) make a referral to the Office of Federal Contract Compliance Programs of the Department of Labor; or (III) take other appropriate action. (d) Reports The Secretary shall submit to Congress an annual report regarding the actions taken by the Department of the Interior agency and the Office pursuant to this section, which shall include— (1) a statement of the total amounts paid by the Department to contractors since the previous report; (2) the percentage of the amounts described in paragraph (1) that were paid to contractors described in subsection (c)(1); (3) the successes achieved and challenges faced by the Department in operating minority and women outreach programs; (4) the challenges the Department may face in hiring minority and women employees and contracting with minority-owned and women-owned businesses; and (5) any other information, findings, conclusions, and recommendations for legislative or Department action, as the Director determines appropriate. (e) Diversity in Department workforce The Secretary shall take affirmative steps to seek diversity in the workforce of the Department at all levels of the Department in a manner consistent with applicable law. Such steps shall include— (1) recruiting at historically black colleges and universities, Hispanic-serving institutions, women’s colleges, and colleges that typically serve majority minority populations; (2) sponsoring and recruiting at job fairs in urban communities; (3) placing employment advertisements in newspapers and magazines oriented toward minorities and women; (4) partnering with organizations that are focused on developing opportunities for minorities and women to be placed in energy industry internships, summer employment, and full-time positions; (5) where feasible, partnering with inner-city high schools, girls’ high schools, and high schools with majority minority populations to establish or enhance financial literacy programs and provide mentoring; and (6) any other mass media communications that the Office determines necessary. (f) Definitions For purposes of this section, the following definitions shall apply: (1) Minority The term minority means United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American. (2) Minority-owned business The term minority-owned business means a for-profit enterprise, regardless of size, physically located in the United States or its trust territories, which is owned, operated, and controlled by minority group members. Minority group members are United States citizens who are Asian Indian American, Asian Pacific American, Black American, Hispanic American, or Native American (terminology in NMSDC categories). Ownership by minority individuals means the business is at least 51 percent owned by such individuals or, in the case of a publicly owned business, at least 51 percent of the stock is owned by one or more such individuals. Further, the management and daily operations are controlled by those minority group members. For purposes of NMSDC’s program, a minority group member is an individual who is a United States citizen with at least 1/4 or 25 percent minimum (documentation to support claim of 25 percent required from applicant) of one or more of the following: (A) Asian Indian American, which is a United States citizen whose origins are from India, Pakistan, or Bangladesh. (B) Asian Pacific American, which is a United States citizen whose origins are from Japan, China, Indonesia, Malaysia, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Thailand, Samoa, Guam, the United States Trust Territories of the Pacific, or the Northern Marianas. (C) Black American, which is a United States citizen having origins in any of the Black racial groups of Africa. (D) Hispanic American, which is a United States citizen of true-born Hispanic heritage, from any of the Spanish-speaking areas of the following regions: Mexico, Central America, South America, and the Caribbean Basin only. (E) Native American, which is a person who is an American Indian, Eskimo, Aleut or Native Hawaiian, and regarded as such by the community of which the person claims to be a part. Native Americans must be documented members of a North American tribe, band, or otherwise organized group of native people who are indigenous to the continental United States and proof can be provided through a Native. (3) NMSDC The term NMSDC means the National Minority Supplier Development Council. (4) Office The term Office means the Office of Minority and Women Inclusion established under subsection (a). (5) Women-owned business The term women-owned business means a business that can verify through evidence documentation that 51 percent or more is women-owned, managed, and controlled. The business must be open for at least 6 months. The business owner must be a United States citizen or legal resident alien. Evidence must indicate that— (A) the contribution of capital or expertise by the woman business owner is real and substantial and in proportion to the interest owned; (B) the woman business owner directs or causes the direction of management, policy, fiscal, and operational matters; and (C) the woman business owner has the ability to perform in the area of specialty or expertise without reliance on either the finances or resources of a firm that is not owned by a woman. IV Miscellaneous provisions 401. Reporting Within 12 months of the effective date of this Act and annually thereafter, the Secretary of the Interior, in consultation with the Assistant Secretary for Energy Employment and Training, shall submit a report to Congress on the Department’s compliance with the requirements of titles III and IV, including but not limited to specific information regarding the numbers and types of jobs created through the Department of the Interior’s efforts, the results of the Department’s efforts to enhance the quality and efficiency of planning and permitting processes, and of any actions taken to increase total production and to encourage production early in lease terms.

https://www.govinfo.gov/content/pkg/BILLS-113hr70ih/xml/BILLS-113hr70ih.xml

113-hr-71

I 113th CONGRESS 1st Session H. R. 71 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Bordallo (for herself, Mr. Pierluisi , Mr. Farr , Mrs. Christensen , and Ms. Wasserman Schultz ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the Coral Reef Conservation Act of 2000, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Amendment of Coral Reef Conservation Act of 2000. Title I—Amendments to the Coral Reef Conservation Act Sec. 101. Expansion of Coral Reef Conservation Program. Sec. 102. Emergency response. Sec. 103. National program. Sec. 104. Report to Congress. Sec. 105. Fund; grants; grounding inventory; coordination. Sec. 106. Clarification of definitions. Sec. 107. Authorization of appropriations. Title II—United States Coral Reef Task Force Sec. 201. United States Coral Reef Task Force. Title III—Department of the Interior Coral Reef Authorities Sec. 301. Coral reef conservation assistance. Sec. 302. National coral reef action strategy. 2. Amendment of Coral Reef Conservation Act of 2000 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 Coral Reef Conservation Act of 2000 ( 16 U.S.C. 6401 et seq. ). I Amendments to the Coral Reef Conservation Act 101. Expansion of Coral Reef Conservation Program (a) Project diversity Section 204(d) ( 16 U.S.C. 6403(d) ) is amended— (1) in the heading by striking Geographic and Biological and inserting Project ; and (2) by striking paragraph (3) and inserting the following: (3) Remaining funds shall be awarded for— (A) projects (with priority given to community-based local action strategies) that address emerging priorities or threats, including international and territorial priorities, or threats identified by the Administrator in consultation with the United States Coral Reef Task Force; and (B) other appropriate projects, as determined by the Administrator, including monitoring and assessment, research, pollution reduction, education, and technical support. . (b) Approval criteria Section 204(g) ( 16 U.S.C. 6403(g) ) is amended— (1) by striking or after the semicolon in paragraph (9); (2) by striking paragraph (10); and (3) by inserting after paragraph (9) the following: (10) promoting activities designed to minimize the likelihood of vessel impacts on coral reefs, particularly those areas identified under section 210(b), including the promotion of ecologically sound navigation and anchorages near coral reefs; or (11) promoting and assisting entities to work with local communities, and all appropriate governmental and nongovernmental organizations, to support community-based planning and management initiatives for the protection of coral reef ecosystems. . 102. Emergency response Section 206 (16 U.S.C. 6405) is amended to read as follows: 206. Emergency response actions (a) In general The appropriate official may undertake or authorize action necessary— (1) to minimize the destruction of or injury to a coral reef, or loss of an ecosystem function of a coral reef, from— (A) vessel impacts, derelict fishing gear, vessel anchors, and anchor chains; and (B) from unforeseen or disaster-related circumstances as a result of human activities; and (2) to stabilize, repair, recover, or restore a coral reef that is destroyed or injured, or that has incurred the loss of an ecosystem function, as described in paragraph (1). (b) Vessel removal; stabilization Action authorized by subsection (a) includes vessel removal and emergency stabilization of the vessel or any impacted coral reef. (c) Partnering with other Federal and State agencies When possible, action by the appropriate official under this section should— (1) be conducted in partnership with other government agencies as appropriate, including— (A) the Coast Guard, the Federal Emergency Management Agency, the Army Corps of Engineers, the Environmental Protection Agency, and the Department of the Interior; and (B) agencies of States; and (2) leverage resources of other agencies. (d) Emergency response assistance by other Federal and State agencies (1) In general The head of any other Federal or State agency may assist the appropriate official in emergency response actions under this section, using funds available for operations of the agency concerned. (2) Reimbursement The appropriate official, subject to the availability of appropriations, may reimburse a Federal or State agency for assistance provided under paragraph (1). (e) Liability for costs and damages to coral reefs (1) Treatment of coral reefs under National Marine Sanctuaries Act For purposes of the provisions set forth in paragraph (2), and subject to paragraph (5), each of the terms sanctuary resources , resource , sanctuary resource managed under law or regulations for that sanctuary , national marine sanctuary , sanctuary resources of the national marine sanctuary , and sanctuary resources of other national marine sanctuaries is deemed to include any coral reef that is subject to the jurisdiction of the United States or any State, without regard to whether such coral reef is located in a national marine sanctuary. (2) Applicable provisions of National Marine Sanctuaries Act The provisions referred to in paragraph (1) are the following provisions of the National Marine Sanctuaries Act: (A) Paragraphs (6) and (7) of section 302 ( 16 U.S.C. 1432 ). (B) Paragraphs (1), (2), (3), and (4) of section 306 ( 16 U.S.C. 1436 ). (C) Section 307 (16 U.S.C. 1437). (D) Section 312 (16 U.S.C. 1443). (3) Exemptions The destruction, loss, or injury of a coral reef or any component thereof is not unlawful if it was— (A) caused by the use of fishing gear in a manner that is not prohibited under the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq. ) or other Federal or State law; or (B) caused by an activity that is authorized by Federal or State law, including any lawful discharge from a vessel of graywater, cooling water, engine exhaust, ballast water, or sewage from a marine sanitation device, unless the destruction, loss, or injury is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit; (C) the necessary result of bona fide marine scientific research (including marine scientific research activities approved by Federal, State, or local permits), other than— (i) excessive sampling or collecting; and (ii) destruction, loss, or injury that is a result of a vessel grounding, a vessel scraping, anchor damage, or excavation that is not authorized by a Federal or State permit; or (D) (i) caused by a Federal Government agency in— (I) an emergency that posed an unacceptable threat to human health or safety or to the marine environment; (II) an emergency that posed a threat to national security; or (III) an activity necessary for law enforcement purposes or search and rescue; and (ii) could not be avoided. (4) Clarification of liability A person is not liable under this subsection if that person establishes that— (A) the destruction or loss of, or injury to, the coral reef or coral reef ecosystem was caused solely by an act of God, an act of war, or an act of omission of a third party, and the person acted with due care; (B) the destruction, loss, or injury was caused by an activity authorized by Federal or State law; or (C) the destruction, loss, or injury was negligible. (5) State consent required (A) In general This subsection shall not apply to any coral reef that is subject to the jurisdiction of a State unless the Governor of that State notifies the appropriate official that the State consents to that application. (B) Revocation of consent The governor of a State may revoke consent under subparagraph (A) by notifying the appropriate official of such revocation. (6) Consistency with international laws and treaties (A) In general Any action taken under the authority of this subsection must be consistent with otherwise applicable international laws and treaties. (B) Actions authorized with respect to vessels For purposes of subparagraph (A), actions authorized under this subsection include vessel removal, and emergency re-stabilization of a vessel and any coral reef that is impacted by a vessel. (7) Liability under other provisions Nothing in this title shall alter the liability of any person under any other provision of law. (f) Appropriate official defined In this section, the term appropriate official — (1) except as provided in paragraphs (2) and (3), means the Administrator of the National Oceanic and Atmospheric Administration; (2) except as provided in paragraph (3), means the Secretary of the Interior for purposes of application of this section to— (A) any unit of the National Park System; (B) any unit of the National Wildlife Refuge System; or (C) any Marine National Monument that is designated under the Act of June 8, 1906 (34 Stat. 225; 16 U.S.C. 431 ) (popularly known as the Antiquities Act ) and that is under the administrative jurisdiction of the Secretary of the Interior; and (3) means the Secretary of Commerce, with respect to any coral reef or component thereof that is located in any Marine National Monument designated under the law referred to in paragraph (2)(C) and that is under the administrative jurisdiction of the Secretary of Commerce. . 103. National program (a) Purpose of Act Section 202 ( 16 U.S.C. 6401 ) is amended— (1) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively, and by inserting after paragraph (1) the following: (2) to promote the resilience of coral reef ecosystems; ; (2) by amending paragraph (4), as so redesignated, to read as follows: (4) to develop sound scientific information on the condition of coral reef ecosystems and the threats to such ecosystems including large-scale threats related to climate change, such as ocean acidification, to benefit local communities and the Nation, and to the extent practicable to support and enhance management and research capabilities at local management agencies and local research and academic institutions; ; and (3) by striking and after the semicolon at the end of paragraph (6), as so redesignated, by striking the period at the end of paragraph (7), as so redesignated, and inserting ; and , and by adding at the end the following: (8) to recognize the benefits of healthy coral reefs to island and coastal communities and to encourage Federal action to ensure, to the maximum extent practicable, the continued availability of those benefits. . (b) Goals and objectives of national coral reef action strategy Section 203(b)(8) ( 16 U.S.C. 6402(b)(8) ) is amended to read as follows: (8) conservation, including resilience and the consideration of island and local traditions and practices. . (c) Amendments relating to activities To conserve coral reefs and coral reef ecosystems Section 207(b) (16 U.S.C. 6406(b)) is amended— (1) in paragraph (3) by striking and after the semicolon; (2) in paragraph (4)— (A) by striking cooperative conservation and inserting cooperative research, conservation, ; and (B) by striking partners. and inserting partners, including academic institutions located in States; ; and (3) by adding at the end the following: (5) improving and promoting the resilience of coral reefs and coral reef ecosystems; and (6) activities designed to minimize the likelihood of vessel impacts or other physical damage to coral reefs, including those areas identified in section 210(b). . (d) Criteria for Approval of project proposals Section 204(g) ( 16 U.S.C. 6403(g) ) is further amended by striking or after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following: (11) improving and promoting the resilience of coral reefs and coral reef ecosystems; or . (e) Data Archive, Access, and Availability Section 207 ( 16 U.S.C. 6406 ) is amended— (1) in subsection (b) (as amended by subsection (b) of this section) by striking and after the semicolon at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting ; and , and by adding at the end the following: (7) centrally archiving, managing, and distributing data sets and providing coral reef ecosystem assessments and services to the general public with local, regional, or international programs and partners. ; and (2) by adding at the end the following: (c) Data Archive, Access, and Availability The Secretary, in coordination with similar efforts at other Departments and agencies shall provide for the long-term stewardship of environmental data, products, and information via data processing, storage, and archive facilities pursuant to this title. The Secretary may— (1) archive environmental data collected by Federal, State, local agencies and tribal organizations and federally funded research; (2) promote widespread availability and dissemination of environmental data and information through full and open access and exchange to the greatest extent possible, including in electronic format on the Internet; (3) develop standards, protocols and procedures for sharing Federal data with State and local government programs and the private sector or academia; and (4) develop metadata standards for coral reef ecosystems in accordance with Federal Geographic Data Committee guidelines. . 104. Report to Congress Section 208 (16 U.S.C. 6407) is amended to read as follows: 208. Report to Congress Not later than March 1, 2014, and every 5 years thereafter, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources of the House of Representatives a report describing all activities undertaken to implement the strategy, including— (1) a description of the funds obligated by each participating Federal agency to advance coral reef conservation during each fiscal year of the 5-fiscal-year period preceding the fiscal year in which the report is submitted; (2) a description of Federal interagency and cooperative efforts with States and non-governmental partner organizations to prevent or address overharvesting, coastal runoff, or other anthropogenic impacts on coral reef ecosystems, including projects undertaken with the Department of the Interior, the Department of Agriculture, the Environmental Protection Agency, and the Army Corps of Engineers; (3) a summary of the information contained in the vessel grounding inventory established under section 210, including additional authorization or funding, needed for response and removal of such vessels; (4) a description of Federal disaster response actions taken pursuant to the National Response Plan to address damage to coral reefs and coral reef ecosystems; and (5) an assessment of the condition of United States coral reefs, accomplishments under this Act, and the effectiveness of management actions to address threats to coral reefs, including actions taken to address large-scale threats to coral reef ecosystems related to climate change. . 105. Fund; grants; grounding inventory; coordination The Act ( 16 U.S.C. 6401 et seq. ) is amended— (1) in section 205(a) ( 16 U.S.C. 6404(a) ), by striking organization solely and all that follows and inserting “organization— (1) to support partnerships between the public and private sectors that further the purposes of this Act and are consistent with the national coral reef strategy under section 203; and (2) to address emergency response actions under section 206. ; (2) by adding at the end of section 205(b) ( 16 U.S.C. 6404(b) ) the following: The organization is encouraged to solicit funding and in-kind services from the private sector, including nongovernmental organizations, for emergency response actions under section 206 and for activities to prevent damage to coral reefs, including areas identified in section 210(b)(2). ; (3) in section 205(c) ( 16 U.S.C. 6404(c) ), by striking the grant program and inserting any grant program or emergency response action ; (4) by redesignating sections 209 and 210 as sections 217 and 218, respectively; and (5) by inserting after section 208 the following: 209. Community-Based planning grants (a) In general The Administrator may make grants to entities that are eligible to receive grants under section 204(c) to provide additional funds to such entities to work with local communities and through appropriate Federal and State entities to prepare and implement plans for the increased protection of coral reef areas identified by the community and scientific experts as high priorities for focused attention. The plans shall— (1) support attainment of one or more of the criteria described in section 204(g); (2) be developed at the community level; (3) utilize where applicable watershed-based or ecosystem-based approaches; (4) provide for coordination with Federal and State experts and managers; (5) build upon local approaches or models, including traditional or island-based resource management concepts; and (6) complement local action strategies or regional plans for coral reef conservation. (b) Terms and conditions The provisions of subsections (b), (d), (f), and (h) of section 204 apply to grants under subsection (a), except that, for the purpose of applying section 204(b)(1) to grants under this section, 75 percent shall be substituted for 50 percent . 210. Vessel grounding inventory (a) In general The Administrator, in coordination with other Federal agencies, may maintain an inventory of all vessel grounding incidents involving coral reefs, including a description of— (1) the impacts to such resources; (2) vessel and ownership information, if available; (3) the estimated cost of removal, mitigation, or restoration; (4) the response action taken by the owner, the Administrator, the Commandant of the Coast Guard, or other Federal or State agency representatives; (5) the status of the response action, including the dates of vessel removal and mitigation or restoration and any actions taken to prevent future grounding incidents; and (6) recommendations for additional navigational aids or other mechanisms for preventing future grounding incidents. (b) Identification of at-Risk reefs The Administrator may— (1) use information from any inventory maintained under subsection (a) or any other available information source to identify all coral reef areas that have a high incidence of vessel impacts, including groundings and anchor damage; (2) identify appropriate measures, including action by other agencies, to reduce the likelihood of such impacts; and (3) develop a strategy and timetable to implement such measures, including cooperative actions with other Government agencies and non-governmental partners. 211. Regional, State, and territorial coordination (a) Regional Coordination The Secretary and other Federal members of the United States Coral Reef Task Force shall work in coordination and collaboration with other Federal agencies and States to implement the strategies developed under section 203, including regional and local strategies, to address multiple threats to coral reefs and coral reef ecosystems such as coastal runoff, vessel impacts, and overharvesting. (b) Response and Restoration Activities The Secretary shall enter into written agreements with any States in which coral reefs are located regarding the manner in which response and restoration activities will be conducted within the affected State’s waters. Nothing in this subsection shall be construed to limit Federal response and restoration activity authority before any such agreement is final. (c) Cooperative Enforcement Agreements All cooperative enforcement agreements in place between the Secretary and States affected by this title shall be updated to include enforcement of this title where appropriate. 212. Agreements (a) In General The Administrator may execute and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this title. (b) Funding Under an agreement entered into under subsection (a), the Secretary may fulfill the terms of the agreement by reimbursing or providing appropriated funds to, and may receive funds or reimbursements from, Federal agencies, instrumentalities and laboratories; State and local governments; Native American tribes and organizations; international organizations; foreign governments; universities and research centers; educational institutions; nonprofit organizations; commercial organizations; and other public and private persons or entities, as necessary for purposes identified in section 202 and actions taken under subsections (a) through (d) of section 206. (c) Multiyear cooperative agreements The Administrator may enter into multiyear cooperative agreements with the heads of other Federal agencies, States, local governments, academic institutions, including marine laboratories and coral reef institutes, and nongovernmental organizations to carry out the activities of the national coral reef action strategy developed under section 203 and to implement regional strategies developed pursuant to section 211. (d) Use of Other Agencies’ Resources For purposes related to the conservation, preservation, protection, restoration, or replacement of coral reefs or coral reef ecosystems and the enforcement of this title, the Administrator is authorized to use, with their consent and with or without reimbursement, the land, services, equipment, personnel, and facilities of any Department, agency, or instrumentality of the United States, or of any State, local government, or Indian tribal government, or of any political subdivision thereof, or of any foreign government or international organization. 213. International Coral Reef Conservation Strategy (a) International Coral Reef Ecosystem Strategy (1) In general Not later than 1 year after the date of enactment of the Coral Reef Conservation Act Reauthorization and Enhancement Amendments of 2013 , the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Natural Resources and the Committee on Foreign Affairs of the House of Representatives, and publish in the Federal Register, an international coral reef ecosystem strategy, consistent with the purposes of this title and the national strategy required pursuant to section 203(a). The Secretary shall periodically review and revise this strategy as necessary. (2) Contents The strategy developed by the Secretary under paragraph (1) shall— (A) identify coral reef ecosystems throughout the world that are of high value for United States marine resources, that support high-seas resources of importance to the United States such as fisheries, or that support other interests of the United States; (B) summarize existing activities by Federal agencies and entities described in subsection (b) to address the conservation of coral reef ecosystems identified pursuant to subparagraph (A); (C) establish goals, objectives, and specific targets for conservation of priority international coral reef ecosystems; (D) describe appropriate activities to achieve the goals and targets for international coral reef conservation, in particular those that leverage activities already conducted under this title; (E) develop a plan to coordinate implementation of the strategy with entities described in subsection (b) in order to leverage current activities under this title and other conservation efforts globally; (F) identify appropriate partnerships, grants, or other funding and technical assistance mechanisms to carry out the strategy; and (G) develop criteria for prioritizing partnerships under subsection (c). (b) Coordination In carrying out this section, the Secretary shall consult with the Secretary of State, the Administrator of the Agency for International Development, the Secretary of the Interior, and other relevant Federal agencies, and relevant United States stakeholders, and shall take into account coral reef ecosystem conservation initiatives of other nations, international agreements, and intergovernmental and nongovernmental organizations so as to provide effective cooperation and efficiencies in international coral reef conservation. The Secretary may consult with the United States Coral Reef Task Force in carrying out this subsection. (c) International Coral Reef Ecosystem Partnerships (1) In general The Secretary may establish an international coral reef ecosystem partnership program to provide support, including funding and technical assistance, for activities that implement the strategy developed pursuant to subsection (a). (2) Mechanisms The Secretary shall provide such support working in collaboration with the entities described in subsection (b). (3) Criteria for approval The Secretary may not approve a partnership proposal under this section unless the partnership is consistent with the international coral reef conservation strategy developed pursuant to subsection (a), and meets the criteria specified in that strategy. (d) Priority for certain projects conducted by States In implementing this section, the Secretary shall give priority consideration to regional initiatives and projects that States are participating in with other nations. 214. Permits (a) In General The Administrator may, in accordance with this section and regulations issued under this title, issue a permit authorizing the conduct of bona fide research. (b) Exempt activities No permit under this section is required for an activity that is exempt from liability under section 206(e). (c) Terms and Conditions The Administrator may place any terms and conditions on a permit issued under this section that the Administrator deems reasonable. (d) Fees (1) Assessment and collection Subject to regulations issued under this title, the Administrator may assess and collect fees as specified in this subsection. (2) Amount Any fee assessed shall be equal to the sum of— (A) all costs incurred, or expected to be incurred, by the Administrator in processing the permit application, including indirect costs; and (B) if the permit is approved, all costs incurred, or expected to be incurred, by the Administrator as a direct result of the conduct of the activity for which the permit is issued. (3) Use of fees Amounts collected by the Administrator in the form of fees under this section shall be collected and available for use only to the extent provided in advance in appropriations Acts and may be used by the Administrator for issuing and administering permits under this section. (4) Waiver or reduction of fees For any fee assessed under paragraph (2) of this subsection, the Administrator may— (A) accept in-kind contributions in lieu of a fee; or (B) waive or reduce the fee. (e) Fishing Nothing in this section shall be considered to require a person to obtain a permit under this section for the conduct of any fishing activity that is not prohibited by this title or regulations issued under this title. 215. Regulations; application in accordance with international law (a) Regulations The Administrator may issue such regulations as are necessary and appropriate to carry out the purposes of sections 206 and 214. (b) Relationship to international law This title and any regulations promulgated under this title shall be applied in accordance with international law. No restrictions shall apply to or be enforced against a person who is not a citizen, national, or resident alien of the United States (including foreign flag vessels) unless in accordance with international law. . 106. Clarification of definitions Section 218, as redesignated by section 105 of this Act (relating to definitions; 16 U.S.C. 6409), is further amended— (1) by amending paragraph (2) to read as follows: (2) Conservation The term conservation means the use of methods and procedures that are necessary to preserve or sustain coral reefs and associated species as resilient diverse, viable, and self-perpetuating coral reef ecosystems, including— (A) all activities associated with resource management, such as assessment, conservation, protection, restoration, sustainable use, and management of habitat; (B) mapping; (C) monitoring of coral reef ecosystems; (D) development and implementation of management strategies for marine protected area or networks thereof and marine resources consistent with the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); (E) law enforcement; (F) conflict resolution initiatives; (G) community outreach and education; and (H) activities that promote safe and ecologically sound navigation. ; (2) by amending paragraph (3) to read as follows: (3) Coral The term coral means species of the phylum Cnidaria, including— (A) all species of the orders Antipatharia (black corals), Scleractinia (stony corals), Gorgonacea (horny corals), Stolonifera (organ-pipe corals and others), Alcyonacea (soft corals), and Helioporacea (blue coral), of the class Anthozoa; and (B) all species of the families Milleporidae (fire corals) and Stylasteridae (stylasterid hydrocorals), of the class Hydrozoa. ; (3) by amending paragraph (4) to read as follows: (4) Coral reef The term coral reef means a limestone structure, in the form of a reef or shoal, comprised in whole or in part by living coral, skeletal remains of coral, and other associated sessile marine plants and animals. ; (4) by amending paragraph (5) to read as follows: (5) Coral reef ecosystem The term coral reef ecosystem means a system of coral reefs and geographically associated species, habitats, and environment, including mangroves and seagrass habitats, and the processes that control its dynamics. ; and (5) by redesignating paragraphs (7) and (8) in order as paragraphs (8) and (9), respectively, and by inserting after paragraph (6) the following: (7) Coral reef component The term coral reef component means any part of a coral reef, including individual living coral, skeletal remains of coral, and other associated sessile marine plants and animals, and any adjacent or associated seagrasses. . 107. Authorization of appropriations Section 217, as redesignated by section 105 of this Act (relating to authorization of appropriations; 16 U.S.C. 6408 ), is further amended— (1) by amending subsection (a) to read as follows: (a) In General There are authorized to be appropriated to the Secretary of Commerce to carry out this title $30,000,000 for fiscal year 2013, $32,000,000 for fiscal year 2014, $34,000,000 for fiscal year 2015, and $35,000,000 for fiscal years 2016 and 2017. ; (2) in subsection (b) by striking $1,000,000 and inserting $2,000,000 ; (3) by striking subsection (c) and inserting the following: (c) Management and Planning There is authorized to be appropriated to the Administrator $7,000,000 for each of fiscal years 2013 through 2017 to remain available until expended— (1) to provide grants under section 209; and (2) to provide grants to States to strengthen coral reef and coral reef ecosystem management capabilities. ; and (4) by striking subsection (d) and inserting the following: (d) Department of the Interior There is authorized to be appropriated to the Secretary of the Interior to carry out this Act $5,000,000 for each of fiscal years 2013 through 2017. . II United States Coral Reef Task Force 201. United States Coral Reef Task Force (a) Establishment There is hereby established the United States Coral Reef Task Force. (b) Goal The goal of the Task Force shall be to lead, coordinate, and strengthen Federal Government actions to better preserve and protect coral reef ecosystems. (c) Duties The duties of the Task Force shall be— (1) to coordinate, in cooperation with State and local government partners, academic partners, and nongovernmental partners if appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, restoration of coral reefs and coral reef ecosystems; (2) to monitor and advise regarding implementation of the policy and Federal agency responsibilities set forth in Executive Order 13089 and the national coral reef action strategy developed under section 203 of the Coral Reef Conservation Act of 2000, as amended by this Act; and (3) to work with the Secretary of State and the Administrator of the Agency for International Development, and in coordination with the other members of the Task Force, to— (A) assess the United States role in international trade and protection of coral species; and (B) encourage implementation of appropriate strategies and actions to promote conservation and sustainable use of coral reef resources worldwide. (d) Membership, generally The Task Force shall be comprised of— (1) the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, who shall be co-chairs of the Task Force; (2) the Administrator of the Agency of International Development; (3) the Secretary of Agriculture; (4) the Secretary of Defense; (5) the Secretary of the Army, acting through the Corps of Engineers; (6) the Secretary of Homeland Security; (7) the Attorney General; (8) the Secretary of State; (9) the Secretary of Transportation; (10) the Administrator of the Environmental Protection Agency; (11) the Administrator of the National Aeronautics and Space Administration; (12) the Director of the National Science Foundation; (13) the Governor, or a representative of the Governor, of the Commonwealth of the Northern Mariana Islands; (14) the Governor, or a representative of the Governor, of the Commonwealth of Puerto Rico; (15) the Governor, or a representative of the Governor, of the State of Florida; (16) the Governor, or a representative of the Governor, of the State of Hawaii; (17) the Governor, or a representative of the Governor, of the Territory of Guam; (18) the Governor, or a representative of the Governor, of the Territory of American Samoa; and (19) the Governor, or a representative of the Governor, of the Virgin Islands. (e) Nonvoting members The President, or a representative of the President, of each of the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau may appoint a nonvoting member of the Task Force. (f) Responsibilities of Federal agency members (1) In general The Federal agency members of the Task Force shall— (A) identify the actions of their agencies that may affect coral reef ecosystems; (B) utilize the programs and authorities of their agencies to protect and enhance the conditions of such ecosystems; and (C) assist in the implementation of the National Action Plan to Conserve Coral Reefs, the national coral reef action strategy developed under section 203 of the Coral Reef Conservation Act of 2000, as amended by this Act, the local action strategies, and any other coordinated efforts approved by the Task Force. (2) Co-chairs In addition to their responsibilities under paragraph (1), the co-chairs of the Task Force shall administer performance of the functions of the Task Force and facilitate the coordination of the Federal agency members of the Task Force. (g) Working groups (1) In general The co-chairs of the Task Force may establish working groups as necessary to meet the goals and duties of this title. The Task Force may request the co-chairs to establish such a working group. (2) Participation by nongovernmental organizations The co-chairs may allow a nongovernmental organization or academic institution to participate in such a working group. (h) FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (i) Definitions The definitions in section 218 of the Coral Reef Conservation Act of 2000, as amended by this Act, shall apply to this section. III Department of the Interior Coral Reef Authorities 301. Coral reef conservation assistance (a) In general The Secretary of the Interior may provide technical assistance and, subject to the availability of appropriations, financial assistance for the conservation of coral reefs. (b) Definitions In this section each of the terms conservation and coral reef has the meaning that term has under section 218 of the Coral Reef Conservation Act of 2000 (16 U.S.C. 6409), amended by this Act. 302. National coral reef action strategy Section 203(a) ( 16 U.S.C. 6402(a) ) is amended by inserting and the Secretary of the Interior after the Administrator .

https://www.govinfo.gov/content/pkg/BILLS-113hr71ih/xml/BILLS-113hr71ih.xml

113-hr-72

I 113th CONGRESS 1st Session H. R. 72 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Homeland Security , 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 provide for emergency deployments of United States Border Patrol agents and to increase the number of DEA and ATF agents along the international border of the United States to increase resources to identify and eliminate illicit sources of firearms into Mexico for use by violent drug trafficking organizations and for other lawful activities, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Border Security, Cooperation, and Act Now Drug War Prevention 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—General Provisions Sec. 101. Emergency deployment of United States Border Patrol agents. Sec. 102. Emergency deployment of DEA agents. Sec. 103. Emergency deployment of ATF agents. Sec. 104. Elimination of fixed deployment of United States Border Patrol agents. Sec. 105. Helicopters and power boats. Sec. 106. Control of United State Border Patrol assets. Sec. 107. Motor vehicles. Sec. 108. Portable computers. Sec. 109. Radio communications. Sec. 110. Hand-held global positioning system devices. Sec. 111. Night vision equipment. Sec. 112. Border armor. Sec. 113. Weapons. Sec. 114. Uniforms. Sec. 115. Task force. Title II—Border Relief Sec. 201. Border relief grant program. Sec. 202. Authorization of appropriations. Sec. 203. Enforcement of Federal immigration law. Sec. 204. Regulations. 2. Findings Congress finds the following: (1) In 2008, the violence between Mexican drug gangs fighting for trafficking routes to the United States killed approximately 6,000 people in Mexico, including more than 500 police officers and soldiers. (2) In the first eight weeks of 2009, more than 1,000 people were killed as a result of the drug war. (3) In March 2009, Mexico sent an additional 3,200 soldiers to the border, increasing the total number of Mexican solders combating drug cartels to more than 45,000. (4) Over 200 United States citizens have been killed in the drug war, either because they were involved in the cartels or were innocent bystanders. (5) The drug trade in Mexico include marijuana, heroin, cocaine, and methamphetamine (meth). (6) Mexico is the conduit for most of the cocaine—approximately 90 percent—in the United States, the source for much of the heroin consumed in this country, and the largest foreign supplier of marijuana and meth to other markets. (7) Estimates indicate a vast majority of the cocaine available in the United States market is smuggled by Mexican cartels across the United States-Mexico border. (8) Cartels are becoming increasingly involved in the trafficking of meth because of the large profit margins they obtain from controlling the drug from manufacture to distribution. (9) The drug cartels have criminal earnings in excess of $25 billion per year and physically send more than $10 billion a year in bulk cash back into Mexico from the United States. (10) According to the 2009 National Drug Threat Assessment, Mexican drug trafficking organizations are the greatest drug trafficking threat to the United States. (11) Mexico’s cartels have existed for some time, but have become increasingly powerful in recent years with the demise of once powerful cartels in Colombia and the closure of trafficking routes through Florida. (12) The Colombian cartels still play a role in the United States drug trade. (13) The Drug Enforcement Administration (DEA) maintains that the Mexican cartels now command and control the drug trade and show the hallmarks of organized crime, such as organizing into distinct cells with subordinate cells, including gangs, which operate throughout the United States. (14) Mexican cartels control drug distribution in most United States cities, and they are gaining strength in markets that they do not yet control. The 2009 National Drug Threat Assessment indicates that Mexican cartels maintain drug distribution networks or supply drugs to distributors in at least 230 United States cities, including in Alaska and Hawaii. (15) The Federal Government provides States and local governments with assistance in covering the costs related to the fight against the drug cartels and the prosecution of such drug cases, local law enforcement along the border is in need of assistance in covering expenses. Local law enforcement uses its limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border security related crimes. The United States shares 1,989 miles along its border with Mexico. Federal assistance is required to help local law enforcement. I General Provisions 101. Emergency deployment of United States Border Patrol agents (a) In general If the Governor of a State on an international border of the United States declares an international border security emergency, including actions involving Mexican drug gangs fighting for trafficking routes involved in violent drug wars, and requests additional United States Border Patrol agents from the Secretary of Homeland Security, the Secretary is authorized, subject to subsections (b) and (c), to provide the State with up to 500 additional United States Border Patrol agents for the purpose of patrolling and defending the international border in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry. (b) Consultation The Secretary of Homeland Security shall consult with the President upon receipt of a request under subsection (a), and shall grant such request to the extent that providing the requested assistance will not significantly impair the Department of Homeland Security’s ability to provide border security for any other State. (c) Collective bargaining Emergency deployments under this section shall be made in accordance with all collective bargaining agreements and obligations. 102. Emergency deployment of DEA agents (a) In general If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional Drug Enforcement Administration (DEA) agents from the Attorney General, the Attorney General is authorized, subject to subsections (b) and (c), to provide the State with up to 500 additional DEA agents for the purpose of combating the inflow of drugs along trafficking routes to the United States. (b) Consultation The Attorney General shall consult with the President upon receipt of a request under subsection (a), and shall grant such request to the extent that providing the requested assistance will not significantly impair the Attorney General’s ability to provide DEA agents for any other State. (c) Collective bargaining Emergency deployments under this section shall be made in accordance with all collective bargaining agreements and obligations. 103. Emergency deployment of ATF agents (a) In general If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) agents from the Attorney General, the Attorney General is authorized, subject to subsections (b) and (c), to provide the State with up to 500 additional ATF agents for the purpose of combating the inflow of firearms, explosives, alcohol, and tobacco along smuggling routes to the United States. (b) Consultation The Attorney General shall consult with the President upon receipt of a request under subsection (a), and shall grant such request to the extent that providing the requested assistance will not significantly impair the Attorney General’s ability to provide ATF agents for any other State. (c) Collective bargaining Emergency deployments under this section shall be made in accordance with all collective bargaining agreements and obligations. 104. Elimination of fixed deployment of United States Border Patrol agents The Secretary of Homeland Security shall ensure that no United States Border Patrol agent is precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances where the temporary use of fixed deployment positions is necessary. 105. Helicopters and power boats (a) In general The Secretary of Homeland Security shall increase by not fewer than 100 the number of United States Border Patrol helicopters, and shall increase by not fewer than 250 the number of United States Border Patrol power boats. The Secretary of Homeland Security shall ensure that appropriate types of helicopters are procured for the various missions being performed. The Secretary of Homeland Security also shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (b) Use and training The Secretary of Homeland Security shall establish an overall policy on how the helicopters and power boats described in subsection (a) will be used and implement training programs for the agents who use them, including safe operating procedures and rescue operations. 106. Control of United States Border Patrol assets The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. 107. Motor vehicles The Secretary of Homeland Security shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of at least one police-type vehicle per every three United States Border Patrol agents. Additionally, the Secretary of Homeland Security shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol. All vehicles will be chosen on the basis of appropriateness for use by the United States Border Patrol, and each vehicle shall have a panic button and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress. The police-type vehicles shall be replaced at least every three years. 108. Portable computers The Secretary of Homeland Security shall ensure that each police-type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol. 109. Radio communications The Secretary of Homeland Security shall augment the existing radio communications system so all law enforcement personnel working in every area where United States Border Patrol operations are conducted have clear and encrypted two-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress. 110. Hand-held global positioning system devices The Secretary of Homeland Security shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes. 111. Night vision equipment The Secretary of Homeland Security shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. 112. Border armor The Secretary of Homeland Security shall ensure that every United States Border Patrol agent is issued high-quality body armor that is appropriate for the climate and risks faced by the individual officer. Each officer shall be allowed to select from among a variety of approved brands and styles. Officers shall be strongly encouraged, but not mandated, to wear such body armor whenever practicable. All body armor shall be replaced at least every five years. 113. Weapons The Secretary of Homeland Security shall ensure that United States Border Patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow officers, and innocent third parties from the threats posed by armed criminals. In addition, the Secretary shall ensure that the policies of the Department of Homeland Security allow all such officers to carry weapons that are suited to the potential threats that they face. 114. Uniforms The Secretary of Homeland Security shall ensure that all United States Border Patrol agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly. 115. Task force (a) In general There is established a task force to be known as the ATF, DEA, and Border Patrol Task Force. The task force shall be composed of members appointed by the President from among representatives of the United States Border Patrol, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. There shall be an equal number of representatives from each agency. (b) Duties The task force shall meet not less than once per month during a two-year period in order to monitor and report to the Congress and to the President on the trade and sale of drugs, alcohol, tobacco, firearms, and explosives along the borders of the United States. Twice a year during such period, the task force shall submit a report to the Committee on the Judiciary and the Committee on Homeland Security of the United States House of Representatives and the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate. (c) Termination The task force shall terminate upon the expiration of the two-year period beginning on the date of the appointment of the last member appointed under this section. II Border Relief 201. Border relief grant program (a) In general From amounts made available under section 202, the Attorney General may make border security grants to— (1) sheriffs’ offices of counties any part of which is within 25 miles of the southern border of the United States; and (2) police departments serving a city, town, or other political subdivision in a county any part of which is within 25 miles of the southern border of the United States (including tribal police departments serving a community any part of which is within 25 miles of such border). (b) Use of funds (1) In general Grant funds received under subsection (a) may be used for the following activities: (A) To conduct law enforcement operations to enforce criminal laws, prevent and punish criminal activity, and protect the lives, property, and security of the people within the jurisdiction of the grant recipient. (B) To transfer to appropriate Federal law enforcement officials aliens unlawfully present in the United States who are detained or in the custody of the grant recipient. (C) To enforce State and Federal laws relating to securing the border and enforce other State and Federal criminal laws. (2) Payment of costs Use of funds under paragraph (1) shall include payment for costs of hiring, equipping, training, and otherwise controlling the operations and deployment of law enforcement officials engaged in duties described in paragraph (1), as well as the costs of paying overtime to such officials. (c) Application (1) In general Each eligible law enforcement agency seeking a grant under this section shall submit to the Attorney General an application at such time, in such manner, and accompanied by such information as the Attorney General may require. (2) Contents Each application submitted pursuant to paragraph (1) shall— (A) describe the activities for which assistance under this section is sought; and (B) provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this section. 202. Authorization of appropriations There is authorized to be appropriated to the Attorney General to carry out this title $150,000,000 for fiscal year 2013 and each succeeding fiscal year. 203. Enforcement of Federal immigration law Nothing in this title shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority. 204. Regulations Not later than 90 days after the date of the enactment of this title, the Attorney General shall issue regulations to carry out this title.

https://www.govinfo.gov/content/pkg/BILLS-113hr72ih/xml/BILLS-113hr72ih.xml

113-hr-73

I 113th CONGRESS 1st Session H. R. 73 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Broun of Georgia introduced the following bill; which was referred to the Committee on Financial Services A BILL To abolish the Board of Governors of the Federal Reserve System and the Federal reserve banks, to repeal the Federal Reserve Act, and for other purposes. 1. Short title This Act may be cited as the Federal Reserve Board Abolition Act . 2. Federal Reserve Board abolished (a) In General Effective at the end of the 1-year period beginning on the date of the enactment of this Act, the Board of Governors of the Federal Reserve System and each Federal reserve bank are hereby abolished. (b) Repeal of Federal Reserve Act Effective at the end of the 1-year period beginning on the date of the enactment of this Act, the Federal Reserve Act is hereby repealed. (c) Disposition of Affairs (1) Management during dissolution period During the 1-year period referred to in subsection (a), the Chairman of the Board of Governors of the Federal Reserve System— (A) shall, for the sole purpose of winding up the affairs of the Board of Governors of the Federal Reserve System and the Federal reserve banks— (i) manage the employees of the Board and each such bank and provide for the payment of compensation and benefits of any such employee which accrue before the position of such employee is abolished; and (ii) manage the assets and liabilities of the Board and each such bank until such assets and liabilities are liquidated or assumed by the Secretary of the Treasury in accordance with this subsection; and (B) may take such other action as may be necessary, subject to the approval of the Secretary of the Treasury, to wind up the affairs of the Board and the Federal reserve banks. (2) Liquidation of assets (A) In general The Director of the Office of Management and Budget shall liquidate all assets of the Board and the Federal reserve banks in an orderly manner so as to achieve as expeditious a liquidation as may be practical while maximizing the return to the Treasury. (B) Transfer to treasury After satisfying all claims against the Board and any Federal reserve bank which are accepted by the Director of the Office of Management and Budget and redeeming the stock of such banks, the net proceeds of the liquidation under subparagraph (A) shall be transferred to the Secretary of the Treasury and deposited in the General Fund of the Treasury. (3) Assumption of liabilities All outstanding liabilities of the Board of Governors of the Federal Reserve System and the Federal reserve banks at the time such entities are abolished, including any liability for retirement and other benefits for former officers and employees of the Board or any such bank in accordance with employee retirement and benefit programs of the Board and any such bank, shall become the liability of the Secretary of the Treasury and shall be paid from amounts deposited in the general fund pursuant to paragraph (2) which are hereby appropriated for such purpose until all such liabilities are satisfied. (d) Report At the end of the 18-month period beginning on the date of the enactment of this Act, the Secretary of the Treasury and the Director of the Office of Management and Budget shall submit a joint report to the Congress containing a detailed description of the actions taken to implement this Act and any actions or issues relating to such implementation that remain uncompleted or unresolved as of the date of the report.

https://www.govinfo.gov/content/pkg/BILLS-113hr73ih/xml/BILLS-113hr73ih.xml

113-hr-74

I 113th CONGRESS 1st Session H. R. 74 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the collection of data on traffic stops, and for other purposes. 1. Short title This Act may be cited as the Traffic Stops Along the Border Statistics Study Act of 2013 . 2. Attorney general study (a) Study (1) In general The Attorney General shall conduct a nationwide study of stops for traffic violations by law enforcement officers. (2) Initial analysis The Attorney General shall perform an initial analysis of existing data, including complaints alleging, and other information concerning, traffic stops motivated by race and other bias. (3) Data collection After completion of the initial analysis under paragraph (2), the Attorney General shall gather the following data on traffic stops from a nationwide sample of jurisdictions, including jurisdictions identified in the initial analysis: (A) The traffic infraction alleged to have been committed that led to the stop. (B) Identifying characteristics of the driver stopped, including the race, gender, ethnicity, and approximate age of the driver. (C) Whether immigration status was questioned, immigration documents were requested, or an inquiry was made to the Immigration and Naturalization Service with regard to any individual in the vehicle and whether any individual in the vehicle was turned over to immigration officials. (D) The number of stops conducted within 25 miles of the United States border with Mexico compared with the number of stops conducted within 25 miles of the United States border with Canada. (E) The number of individuals in the stopped vehicle. (F) Whether a search was instituted as a result of the stop and whether consent was requested for the search. (G) Any alleged criminal behavior by the driver that justified the search. (H) Any items seized, including contraband or money. (I) Whether any warning or citation was issued as a result of the stop. (J) Whether an arrest was made as a result of either the stop or the search and the justification for the arrest. (K) The duration of the stop. (b) Reporting (1) Initial analysis Not later than 120 days after the date of enactment of this Act, the Attorney General shall report the results of the Attorney General’s initial analysis under subsection (a)(2) to Congress and make such report available to the public, and identify the jurisdictions for which the study is to be conducted. (2) Data collection Not later than 2 years after the date of enactment of this Act, the Attorney General shall report the results of the data collected under subsection (a)(3) to Congress, a copy of which shall also be published in the Federal Register. 3. Grant program In order to complete the study described in section 2, the Attorney General may provide grants to law enforcement agencies to collect and submit the data described in section 2 to the appropriate agency as designated by the Attorney General. 4. Limitation on use of data Information released pursuant to section 2 shall not reveal the identity of any individual who is stopped or any law enforcement officer involved in a traffic stop. 5. Definition For purposes of this Act, the term law enforcement agency means an agency of a State or political subdivision of a State, authorized by law or by a Federal, State, or local government agency to engage in or supervise the prevention, detection, or investigation of violations of criminal laws. 6. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr74ih/xml/BILLS-113hr74ih.xml

113-hr-75

I 113th CONGRESS 1st Session H. R. 75 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Broun of Georgia introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To end membership of the United States in the United Nations. 1. Short title This Act may be cited as the American Sovereignty Restoration Act of 2013 . 2. Repeal of United Nations Participation Act of 1945 (a) Repeal The United Nations Participation Act of 1945 ( Public Law 79–264 ; 22 U.S.C. 287 et seq.) is repealed. (b) Termination of membership in United Nations The President shall terminate all membership by the United States in the United Nations, and in any organ, specialized agency, commission, or other formally affiliated body of the United Nations. (c) Closure of United States Mission to United Nations The United States Mission to the United Nations is closed. Any remaining functions of such office shall not be carried out. 3. Repeal of United Nations Headquarters Agreement Act (a) Repeal The United Nations Headquarters Agreement Act ( Public Law 80–357 ) is repealed. (b) Withdrawal The United States withdraws from the agreement between the United States of America and the United Nations regarding the headquarters of the United Nations (signed at Lake Success, New York, on June 26, 1947, which was brought into effect by the United Nations Headquarters Agreement Act). 4. United States assessed and voluntary contributions to the United Nations No funds are authorized to be appropriated or otherwise made available for assessed or voluntary contributions of the United States to the United Nations or to any organ, specialized agency, commission or other formally affiliated body of the United Nations, except that funds may be appropriated to facilitate termination of United States membership and withdrawal of United States personnel and equipment, in accordance with sections 2 and 3, respectively. Upon termination of United States membership, no payments shall be made to the United Nations or to any organ, specialized agency, commission or other formally affiliated body of the United Nations, out of any funds appropriated prior to such termination or out of any other funds available for such purposes. 5. United Nations peacekeeping operations (a) Termination No funds are authorized to be appropriated or otherwise made available for any United States contribution to any United Nations military or peacekeeping operation or force. (b) Terminations of United States participation in United Nations peacekeeping operations No funds may be obligated or expended to support the participation of any member of the Armed Forces of the United States as part of any United Nations military or peacekeeping operation or force. No member of the Armed Forces of the United States may serve under the command of the United Nations. 6. Withdrawal of United Nations presence in facilities of the government of the United States and repeal of diplomatic immunity (a) Withdrawal from United States Government property The United Nations (including any organ, specialized agency, commission or other formally affiliated body of the United Nations) may not occupy or use any property or facility of the United States Government. (b) Diplomatic immunity No officer or employee of the United Nations (including any organ, specialized agency, commission or other formally affiliated body of the United Nations) or any representative, officer, or employee of any mission to the United Nations of any foreign government shall be entitled to enjoy the privileges and immunities of the Vienna Convention on Diplomatic Relations of April 18, 1961, nor may any such privileges and immunities be extended to any such individual. The privileges, exemptions, and immunities provided for in the International Organizations Immunities Act of December 29, 1945 (59 Stat. 669; 22 U.S.C. 288 et seq.), or in any agreement or treaty to which the United States is a party, including the agreement entitled Agreement Between the United Nations and the United States of America Regarding the Headquarters of the United Nations , signed June 26, 1947 ( 22 U.S.C. 287 note), and the Convention on Privileges and Immunities of the United Nations, entered into force with respect to the United States on April 29, 1970 (21 UST 1418; TIAS 6900; UNTS 16), shall not apply to the United Nations or to any organ, specialized agency, commission or other formally affiliated body of the United Nations, to the officers and employees of the United Nations, or of any organ, specialized agency, commission or other formally affiliated body of the United Nations, or to the families, suites, or servants of such officers or employees. 7. Repeal of United States membership and participation in the United Nations Educational, Scientific, and Cultural Organization The joint resolution entitled A joint resolution providing for membership and participation by the United States in the United Nations Educational, Scientific, and Cultural Organization, and authorizing an appropriation therefor , approved July 30, 1946 (Public Law 79–565, 22 U.S.C. 287m et seq. ), is repealed. 8. Repeal of United Nations Environment Program Participation Act of 1973 The United Nations Environment Program Participation Act of 1973 ( 22 U.S.C. 287 note) is repealed. 9. Repeal of United States participation in the World Health Organization The joint resolution entitled Joint Resolution providing for membership and participation by the United States in the World Health Organization and authorizing an appropriation therefor , approved June 14, 1948 ( 22 U.S.C. 290 , is repealed. 10. Repeal of involvement in United Nations conventions and agreements Effective on the date of the enactment of this Act, the United States will end any participation in any conventions and agreements with the United Nations and any organ, specialized agency, commission, or other formally affiliated body of the United Nations. Any remaining functions of such conventions and agreements shall not be carried out. 11. Reemployment with United States Government after service with an international organization Nothing in this Act shall be construed to affect the rights of employees under subchapter IV of chapter 35 of title 5, United States Code, relating to reemployment after service with an international organization. 12. Notification Effective on the date of the enactment of this Act, the Secretary of State shall notify the United Nations and any organ, specialized agency, commission, or other formally affiliated body of the United Nations of the provisions of this Act. 13. Effective date Except as otherwise provided, this Act and the amendments made by this Act shall take effect on the date that is two years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr75ih/xml/BILLS-113hr75ih.xml

113-hr-76

I 113th CONGRESS 1st Session H. R. 76 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee 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 1900 West Gray Street in Houston, Texas, as the Hazel Hainsworth Young Post Office Building . 1. Hazel Hainsworth Young Post Office Building (a) Designation The facility of the United States Postal Service located at 1900 West Gray Street in Houston, Texas, shall be known and designated as the Hazel Hainsworth Young 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 Hazel Hainsworth Young Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr76ih/xml/BILLS-113hr76ih.xml

113-hr-77

I 113th CONGRESS 1st Session H. R. 77 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Broun of Georgia introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committees on Ways and Means and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the legal tender laws, to prohibit taxation on certain coins and bullion, and to repeal superfluous sections related to coinage. 1. Short title This Act may be cited as the Free Competition in Currency Act of 2013 . 2. Repeal of legal tender laws (a) In General Section 5103 of title 31, United States Code (relating to legal tender), is hereby repealed. (b) Clerical Amendment The table of sections for subchapter I of chapter 51 of title 31, United States Code, is amended by striking the item relating to section 5103 and inserting the following new item: 5103. [Repealed]. . 3. No tax on certain coins and bullion (a) In general Notwithstanding any other provision of law— (1) no tax may be imposed on (or with respect to the sale, exchange, or other disposition of) any coin, medal, token, or gold, silver, platinum, palladium, or rhodium bullion, whether issued by a State, the United States, a foreign government, or any other person; and (2) no State may assess any tax or fee on any currency, or any other monetary instrument, which is used in the transaction of interstate commerce or commerce with a foreign country, and which is subject to the enjoyment of legal tender status under article I, section 10 of the United States Constitution. (b) Effective date This section shall take effect on December 31, 2013, but shall not apply to taxes or fees imposed before such date. 4. Repeal of superfluous sections (a) In general Title 18, United States Code, is amended by striking sections 486 (relating to uttering coins of gold, silver, or other metal) and 489 (making or possessing likeness of coins). (b) Conforming amendment to table of sections The table of sections at the beginning of chapter 25 of title 18, United States Code, is amended by striking the items relating to the sections stricken by subsection (a). (c) Special rule concerning retroactive effect Any prosecution under the sections stricken by subsection (a) shall abate upon the taking effect of this section. Any previous conviction under those sections shall be null and void.

https://www.govinfo.gov/content/pkg/BILLS-113hr77ih/xml/BILLS-113hr77ih.xml

113-hr-78

I 113th CONGRESS 1st Session H. R. 78 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee 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 4110 Almeda Road in Houston, Texas, as the George Thomas Mickey Leland Post Office Building . 1. George Thomas Mickey Leland Post Office Building (a) Designation The facility of the United States Postal Service located at 4110 Almeda Road in Houston, Texas, shall be known and designated as the George Thomas Mickey Leland 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 George Thomas Mickey Leland Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr78ih/xml/BILLS-113hr78ih.xml

113-hr-79

I 113th CONGRESS 1st Session H. R. 79 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen (for herself, Mr. Pierluisi , and Ms. Bordallo ) 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 increase the Federal medical assistance percentage for the territories. 1. Short title This Act may be cited as the Medicaid Payment Fairness to the Territories Act of 2013 . 2. Increase in the Federal medical assistance percentage for the territories Section 1905(b)(2) of the Social Security Act ( 42 U.S.C. 1396d(b)(2) ) is amended by inserting after 55 percent the following: (or, beginning with fiscal year 2014, the highest such Federal medical assistance percentage applicable to any of the 50 States for the fiscal year involved) .

https://www.govinfo.gov/content/pkg/BILLS-113hr79ih/xml/BILLS-113hr79ih.xml

113-hr-80

I 113th CONGRESS 1st Session H. R. 80 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for research and education with respect to triple-negative breast cancer, and for other purposes. 1. Short title This Act may be cited as the Triple-Negative Breast Cancer Research and Education Act of 2013 . 2. Findings Congress finds as follows: (1) Breast cancer accounts for 1 in 4 cancer diagnoses among women in this country. (2) The survival rate for breast cancer has increased to 90 percent for White women and 78 percent for African-American women. (3) African-American women are more likely to be diagnosed with larger tumors and more advanced stages of breast cancer despite a lower incidence rate. (4) Early detection for breast cancer increases survival rates for breast cancer, as evidenced by a 5-year relative survival rate of 98 percent for breast cancers that are discovered before the cancer spreads beyond the breast, compared to 23 percent for stage IV breast cancers. (5) Triple-negative breast cancer is a term used to describe breast cancers whose cells do not have estrogen receptors and progesterone receptors, and do not have an excess of the HER2 protein on their sources. (6) It is estimated that between 10 and 20 percent of female breast cancer patients are diagnosed with triple-negative breast cancer, and studies indicate the prevalence of triple-negative breast cancer is much higher. (7) Triple-negative breast cancer most commonly affects African-American women, followed by Hispanic women. (8) Triple-negative breast cancer is a very aggressive form of cancer which affects women under the age of 50 across all racial and socioeconomic backgrounds. (9) African-American women are 3 times more likely to develop triple-negative breast cancer than White women. (10) Triple-negative breast cancer tends to grow and spread more quickly than most other types of breast cancer. (11) Like other forms of breast cancer, triple-negative breast cancer is treated with surgery, radiation therapy, or chemotherapy. (12) Early-stage detection of triple-negative breast cancer is the key to survival because the tumor cells lack certain receptors, and neither hormone therapy nor drugs that target these receptors are effective against these cancers; therefore, early detection and education is vital. (13) Current research and available data do not provide adequate information on— (A) the rates of prevalence and incidence of triple-negative breast cancer in African-American, Hispanic, and other minority women; (B) he costs associated with treating triple-negative breast cancer; and (C) the methods by which triple-negative breast cancer may be prevented or cured in these women. 3. Research with respect to triple-negative breast cancer (a) Research The Director of the National Institutes of Health (in this section referred to as the Director of NIH ) shall expand, intensify, and coordinate programs for the conduct and support of research with respect to triple-negative breast cancer. (b) Administration The Director of NIH shall carry out this section through the appropriate institutes, offices, and centers of the National Institutes of Health, including the Eunice Kennedy Shriver National Institute of Child Health and Human Development, the National Institute of Environmental Health Sciences, the Office of Research on Women’s Health, and the National Institute on Minority Health and Health Disparities. (c) Coordination of activities The Director of the Office of Research on Women’s Health shall coordinate activities under this section among the institutes, offices, and centers of the National Institutes of Health. (d) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $500,000 for each of the fiscal years 2014 through 2016. 4. Education and dissemination of information with respect to triple-negative breast cancer (a) Triple-Negative breast cancer public education program The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall develop and disseminate to the public information regarding triple-negative breast cancer, including information on— (1) the incidence and prevalence of triple-negative breast cancer among women; (2) the elevated risk for minority women to develop triple-negative breast cancer; and (3) the availability, as medically appropriate, of a range of treatment options for symptomatic triple-negative breast cancer. (b) Dissemination of information The Secretary may disseminate information under subsection (a) directly or through arrangements with nonprofit organizations, consumer groups, institutions of higher education, Federal, State, or local agencies, or the media. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2016. 5. Information to health care providers with respect to triple-negative breast cancer (a) Dissemination of information The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, shall develop and disseminate to health care providers information on triple-negative breast cancer for the purpose of ensuring that health care providers remain informed about current information on triple-negative breast cancer. Such information shall include the elevated risk for minority women to develop triple-negative breast cancer and the range of available options for the treatment of symptomatic triple-negative breast cancer. (b) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2014 through 2018. 6. Definition In this Act, the term minority women means women who are members of a racial and ethnic minority group, as defined in section 1707(g) of the Public Health Service Act (42 U.S.C. 300u–6(g)).

https://www.govinfo.gov/content/pkg/BILLS-113hr80ih/xml/BILLS-113hr80ih.xml

113-hr-81

I 113th CONGRESS 1st Session H. R. 81 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend subtitle B of title I of the Patient Protection and Affordable Care Act to extend the temporary high-risk insurance pool program to the territories. 1. Inclusion of territories in temporary high-risk insurance pool program (a) In general Section 1101 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18001 ) is amended by adding at the end the following: (h) State defined Notwithstanding section 1304(d), for purposes of this section the term State means each of the 50 States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, and any other territory or possession of the United States. . (b) Conforming amendment Section 1304(d) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18024(d) ) is amended by inserting (except for purposes of section 1101) after In this title .

https://www.govinfo.gov/content/pkg/BILLS-113hr81ih/xml/BILLS-113hr81ih.xml

113-hr-82

I 113th CONGRESS 1st Session H. R. 82 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Judiciary and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to require hospitals reimbursed under the Medicare system to establish and implement security procedures to reduce the likelihood of infant patient abduction and baby switching, including procedures for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. 1. Short title This Act may be cited as the Infant Protection and Baby Switching Prevention Act of 2013 . 2. Medicare payments to hospitals contingent on implementation of security procedures regarding infant patient protection and baby switching (a) Agreements With Hospitals Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended— (1) in subparagraph (V), by striking and at the end; (2) in the subparagraph (W) added by section 3005(1)(C) of Public Law 111–148 , by moving its margin 2 ems to the left and by striking the period at the end and inserting a comma; (3) in the subparagraph (W) added by section 6406(b)(3) of such Act, by redesignating such subparagraph as subparagraph (X), by moving its margin 2 ems to the left, and by striking the period at the end and inserting , and ; and (4) by inserting after subparagraph (X), as so redesignated, the following new subparagraph: (Y) in the case of hospitals and critical access hospitals that provide neonatal or infant care, to have in effect security procedures that meet standards established by the Secretary (in consultation with appropriate organizations) to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. . (b) Regulations (1) In general In promulgating regulations under subparagraph (Y) of section 1866(a)(1) of the Social Security Act ( 42 U.S.C. 1395cc(a)(1) ), as added by subsection (a), the Secretary of Health and Human Services shall— (A) consult with various organizations representing consumers, appropriate State and local regulatory agencies, hospitals, and critical access hospitals; (B) take into account variations in size and location of hospitals and critical access hospitals, and the percentage of overall services furnished by such hospitals and critical access hospitals that neonatal care and infant care represent; and (C) promulgate specific regulations that address each size and type of hospital covered. (2) Deadline for publication Not later than 12 months after the date of the enactment of this Act, the Secretary shall publish the regulations required under paragraph (1). In order to carry out this requirement in a timely manner, the Secretary may promulgate regulations that take effect on an interim basis, after notice and pending opportunity for public comment. (c) Penalties (1) Amount of penalty A hospital that participates in the Medicare program under title XVIII of the Social Security Act under an agreement pursuant to section 1866 of such Act ( 42 U.S.C. 1395cc ) that commits a violation described in paragraph (2) is subject to a civil money penalty of not more than $50,000 (or not more than $25,000 in the case of a hospital with fewer than 100 beds) for each such violation. (2) Violation described A hospital described in paragraph (1) commits a violation for purposes of this subsection if the hospital fails to have in effect security procedures that meet standards established by the Secretary of Health and Human Services under section 1866(a)(1)(Y) of such Act, as added by subsection (a), to reduce the likelihood of infant patient abduction and baby switching, including standards for identifying all infant patients in the hospital in a manner that ensures that it will be evident if infants are missing from the hospital. (3) Administrative provisions The provisions of section 1128A of such Act (42 U.S.C. 1320a–7a), other than subsections (a) and (b), shall apply to a civil money penalty under this subsection in the same manner as such provisions apply with respect to a penalty or proceeding under section 1128A(a) of such Act. (d) Effective date This section, and the amendments made by this section, shall take effect on the date that is 18 months after the date of the enactment of this Act, and shall apply to contracts entered into or renewed under section 1866 of the Social Security Act ( 42 U.S.C. 1395cc ) on or after such date. 3. Baby switching prohibited (a) In general Chapter 55 of title 18, United States Code, is amended by adding at the end the following: 1205. Baby switching (a) Whoever being in interstate commerce knowingly alters or destroys an identification record of a newborn patient with the intention that the newborn patient be misidentified by any person shall be fined not more than $250,000 in the case of an individual and not more than $500,000 in the case of an organization, or imprisoned not more than ten years, or both. (b) As used in this section, the term identification record means a record maintained by a hospital to aid in the identification of newborn patients of the hospital, including any of the following: (1) The footprint, fingerprint, or photograph of the newborn patient. (2) A written description of the infant. (3) An identification bracelet or anklet put on the newborn patient, or the mother of the newborn patient, by a staff member of the hospital. . (b) Clerical Amendment The table of sections at the beginning of chapter 55 of title 18, United States Code, is amended by adding at the end the following new item: 1205. Baby switching. .

https://www.govinfo.gov/content/pkg/BILLS-113hr82ih/xml/BILLS-113hr82ih.xml

113-hr-83

I 113th CONGRESS 1st Session H. R. 83 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen (for herself, Mr. Pierluisi , Mr. Faleomavaega , Mr. Sablan , and Ms. Bordallo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Secretary of the Interior to assemble a team of technical, policy, and financial experts to address the energy needs of the insular areas of the United States and the Freely Associated States through the development of action plans aimed at reducing reliance on imported fossil fuels and increasing use of indigenous clean-energy resources, and for other purposes. 1. Insular areas and Freely Associated States energy development (a) Definitions In this section: (1) Comprehensive energy plan The term comprehensive energy plan means a comprehensive energy plan prepared and updated under subsections (c) and (e) of section 604 of the Act entitled An Act to authorize appropriations for certain insular areas of the United States, and for other purposes , approved December 24, 1980 ( 48 U.S.C. 1492 ). (2) Energy action plan The term energy action plan means the plan required by subsection (d). (3) Freely Associated States The term Freely Associated States means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. (4) Insular areas The term insular areas means American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (5) Secretary The term Secretary means the Secretary of the Interior. (6) Team The term team means the team established by the Secretary under subsection (b). (b) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a team of technical, policy, and financial experts— (1) to develop an energy action plan addressing the energy needs of each of the insular areas and Freely Associated States; and (2) to assist each of the insular areas and Freely Associated States in implementing such plan. (c) Participation of regional utility organizations In establishing the team, the Secretary shall consider including regional utility organizations. (d) Energy action plan In accordance with subsection (b), the energy action plan shall include— (1) recommendations, based on the comprehensive energy plan where applicable, to— (A) reduce reliance and expenditures on imported fossil fuels; (B) develop indigenous, nonfossil fuel energy sources; and (C) improve performance of energy infrastructure and overall energy efficiency; (2) a schedule for implementation of such recommendations and identification and prioritization of specific projects; (3) a financial and engineering plan for implementing and sustaining projects; and (4) benchmarks for measuring progress toward implementation. (e) Reports to Secretary Not later than 1 year after the date on which the Secretary establishes the team and annually thereafter, the team shall submit to the Secretary a report detailing progress made in fulfilling its charge and in implementing the energy action plan. (f) Annual reports to Congress Not later than 30 days after the date on which the Secretary receives a report submitted by the team under subsection (e), the Secretary shall submit to the appropriate committees of Congress a summary of the report of the team.

https://www.govinfo.gov/content/pkg/BILLS-113hr83ih/xml/BILLS-113hr83ih.xml

113-hr-84

I 113th CONGRESS 1st Session H. R. 84 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to establish an Ombudsman Office within the Transportation Security Administration for the purpose of enhancing transportation security by providing confidential, informal, and neutral assistance to address work-place related problems of Transportation Security Administration employees, and for other purposes. 1. Short title This Act may be cited as the Transportation Security Administration Ombudsman Act of 2013 . 2. Transportation security administration ombudsman office (a) In general Subchapter II of chapter 449 of title 49, United States Code is amended by adding at the end the following new section: 44946. Ombudsman (a) In general (1) Establishment There is established an Office of the Ombudsman in the Transportation Security Administration. (2) Ombudsman (A) In general The Office shall be under the direction of the Ombudsman of the Transportation Security Administration, who shall be appointed by the Chief Human Capital Officer of the Department of Homeland Security on behalf of the Secretary of Homeland Security. (B) Qualifications An individual appointed as the Ombudsman must have expertise in— (i) labor and employment relations with Federal agencies; and (ii) dispute resolution. (C) Notification of Appointment and removal The Chief Human Capital Officer of the Department of Homeland Security shall notify the appropriate congressional committees within 30 days after the effective date of any of the following actions: (i) The appointment of an individual as Ombudsman. (ii) The reappointment as Ombudsman of an individual who is serving as Ombudsman. (iii) The removal of an individual from the position of Ombudsman. (3) Ensuring independence of Ombudsman (A) In general The Ombudsman shall report— (i) to the Administrator of the Transportation Security Administration; and (ii) to the Chief Human Capital Officer of the Department of Homeland Security with respect to any dispute between the Ombudsman and the Administrator of Transportation Security Administration over matters involving the execution of the Ombudsman’s duties as set forth in subsection (b). (B) Inspector general’s authority to conduct investigations not affected Nothing in this section shall prohibit the Inspector General of the Department of Homeland Security from initiating, carrying out, or completing any investigation. (b) Duties The Ombudsman shall— (1) conduct outreach to Transportation Security Administration employees, including publicizing a toll-free telephone number to report complaints; (2) evaluate each complainant’s claim objectively; (3) provide information, advice, and assistance to complainants and, as appropriate, initiate informal, impartial fact-finding and inquiries, on complaints or on the Ombudsman’s own initiative; (4) inform each complainant— (A) when the Ombudsman decides against conducting a fact-finding inquiry into the complaint; (B) on the status of the Ombudsman’s fact-finding inquiry to the complainant, on a regular basis if requested by the complainant; and (C) of the Ombudsman’s recommendations and information, as appropriate, for the complainant to formally complain to the appropriate authority; (5) work with the Administrator of the Transportation Security Administration to address issues identified through fact-finding and inquiries; (6) maintain confidential any matter related to complaints and inquiries, including the identities of the complainants and witnesses; and (7) submit an annual report to the appropriate congressional committees in accordance with subsection (c). (c) Annual report (1) In general The Ombudsman shall report no later than September 30 each year to the appropriate congressional committees on the actions taken by the Office of the Ombudsman over the preceding year and the objectives of those actions. (2) Contents Each such report shall, for the period covered by the report, include— (A) statistical information, by region, on the volume of complaints received, general nature of complaints, general information on complainants, and the percentage of complaints that resulted in a fact-finding inquiry; (B) a summary of problems encountered by complainants, including information on the most pervasive or serious types of problems encountered by complainants; (C) policy recommendations that the Office of the Ombudsman made to the Administrator of the Transportation Security Administration; (D) an inventory of the items described in subparagraphs (B) and (C) for which action has been taken, and the result of such action; (E) an inventory of the items described in subparagraphs (B) and (C) for which action remains to be completed; and (F) such other information as the Ombudsman considers relevant. (3) Report to be submitted directly Each report under this subsection shall be provided directly to the committees described in paragraph (1) without any prior comment or amendment by the Administrator of the Transportation Security Administration. However, the Ombudsman shall seek comment from the Administrator to be submitted by the Ombudsman together with the annual report. (4) Other reports Nothing in this subsection shall be construed to preclude the Ombudsman from issuing other reports on the activities of the Office of the Ombudsman. (d) Contact information The Administrator of the Transportation Security Administration shall make publically available on the Internet site of the Administration information about the Office of the Ombudsman, including regarding how to contact the Office. (e) Appropriate congressional committee defined In this section the term appropriate congressional committee means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. . (b) Clerical amendment The analysis at the beginning of such chapter is amended by adding at the end the items relating to subchapter II the following new item: 44946. Ombudsman. . (c) Authorization of Appropriations There is authorized to be appropriated for each of fiscal years 2014, 2015, and 2016 $575,000 for implementing section 44946 of title 49, United States Code, as amended by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr84ih/xml/BILLS-113hr84ih.xml

113-hr-85

I 113th CONGRESS 1st Session H. R. 85 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen introduced the following bill; which was referred to the Committee on Natural Resources A BILL To create the Office of Chief Financial Officer of the Government of the Virgin Islands, and for other purposes. 1. Chief financial officer of the virgin islands (a) Appointment of chief financial officer (1) In general The Governor of the Virgin Islands shall appoint a Chief Financial Officer, with the advice and consent of the Legislature of the Virgin Islands, from the names on the list required under section 2(d). If the Governor has nominated a person for Chief Financial Officer but the Legislature of the Virgin Islands has not confirmed a nominee within 90 days after receiving the list pursuant to section 2(d), the Governor shall appoint from such list a Chief Financial Officer on an acting basis until the Legislature consents to a Chief Financial Officer. (2) Acting chief financial officer If a Chief Financial Officer has not been appointed under paragraph (1) within 180 days after the date of the enactment of this Act, the Virgin Islands Chief Financial Officer Search Commission, by majority vote, shall appoint from the names on the list submitted under section 2(d), an Acting Chief Financial Officer to serve in that capacity until a Chief Financial Officer is appointed under the first sentence of paragraph (1). In either case, if the Acting Chief Financial Officer serves in an acting capacity for 180 consecutive days, without further action the Acting Chief Financial Officer shall become the Chief Financial Officer. (b) Duties of chief financial officer The duties of the Chief Financial Officer shall include the following: (1) Develop and report on the financial status of the Government of the Virgin Islands not later than 6 months after appointment and quarterly thereafter. Such reports shall be available to the public. (2) Each year prepare and certify spending limits of the annual budget, including annual estimates of all revenues of the territory without regard to sources, and whether or not the annual budget is balanced. (3) Revise and update standards for financial management, including inventory and contracting, for the Government of the Virgin Islands in general and for each agency in conjunction with the agency head. (c) Documents provided The heads of each department of the Government of the Virgin Islands, in particular the head of the Department of Finance of the Virgin Islands and the head of the Internal Revenue Bureau of the Virgin Islands shall provide all documents and information under the jurisdiction of that head that the Chief Financial Officer considers required to carry out his or her functions to the Chief Financial Officer. (d) Conditions related to chief financial officer (1) Term The Chief Financial Officer shall be appointed for a term of 5 years. (2) Removal The Chief Financial Officer shall not be removed except for cause. An Acting Chief Financial Officer may be removed for cause or by a Chief Financial Officer appointed with the advice and consent of the Legislature of the Virgin Islands. (3) Replacement If the Chief Financial Officer is unable to continue acting in that capacity due to removal, illness, death, or otherwise, another Chief Financial Officer shall be selected in accordance with subsection (a). (4) Salary The Chief Financial Officer shall be paid at a salary to be determined by the Governor of the Virgin Islands, except such rate may not be less than the highest rate of pay for a cabinet officer of the Government of the Virgin Islands or a Chief Financial Officer serving in any government or semiautonomous agency. (e) Referendum As part of the closest regularly scheduled, islands-wide election in the Virgin Islands to the expiration of the fourth year of the five-year term of the Chief Financial Officer, the Board of Elections of the Virgin Islands shall hold a referendum to seek the approval of the people of the Virgin Islands regarding whether the position of Chief Financial Officer of the Government of the Virgin Islands shall be made a permanent part of the executive branch of the Government of the Virgin Islands. The referendum shall be binding and conducted according to the laws of the Virgin Islands, except that the results shall be determined by a majority of the ballots cast. 2. Establishment of commission (a) Establishment There is established a commission to be known as the Virgin Islands Chief Financial Officer Search Commission . (b) Duty of commission The Commission shall recommend to the Governor not less than 3 candidates for nomination as Chief Financial Officer of the Virgin Islands. Each candidate must have demonstrated ability in general management of, knowledge of, and extensive practical experience at the highest levels of financial management in governmental or business entities and must have experience in the development, implementation, and operation of financial management systems. (c) Membership (1) Number and appointment The Commission shall be composed of 8 members appointed not later than 30 days after the date of the enactment of this Act. Persons appointed as members must have recognized business, government, or financial expertise and experience and shall be appointed as follows: (A) 1 individual appointed by the Governor of the Virgin Islands. (B) 1 individual appointed by the President of the Legislature of the Virgin Islands. (C) 1 individual, who is an employee of the Government of the Virgin Islands, appointed by the Central Labor Council of the Virgin Islands. (D) 1 individual appointed by the Chamber of Commerce of St. Thomas-St. John. (E) 1 individual appointed by the Chamber of Commerce of St. Croix. (F) 1 individual appointed by the President of the University of the Virgin Islands. (G) 1 individual, who is a resident of St. John, appointed by the At-Large Member of the Legislature of the Virgin Islands. (H) 1 individual appointed by the President of AARP Virgin islands. (2) Terms (A) In general Each member shall be appointed for the life of the Commission. (B) Vacancies A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Any member appointed to fill a vacancy shall be appointed for the remainder of that term. (3) Basic pay Members shall serve without pay. (4) Quorum Five members of the Commission shall constitute a quorum. (5) Chairperson The Chairperson of the Commission shall be the Chief Justice of the Supreme Court of the United States Virgin Islands or the designee of the Chief Justice. The Chairperson shall serve as an ex officio member of the Commission and shall vote only in the case of a tie. (6) Meetings The Commission shall meet at the call of the Chairperson. The Commission shall meet for the first time not later than 15 days after all members have been appointed under this subsection. (7) Government employment Members may not be current government employees, except for the member appointed under paragraph (1)(C). (d) Report; recommendations The Commission shall transmit a report to the Governor, the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate not later than 60 days after its first meeting. The report shall name the Commission’s recommendations for candidates for nomination as Chief Financial Officer of the Virgin Islands. (e) Termination The Commission shall terminate upon the nomination and confirmation of the Chief Financial Officer. 3. Definitions For the purposes of this Act, the following definitions apply: (1) Chief financial officer In sections 1 and 2, the term Chief Financial Officer means a Chief Financial Officer or Acting Chief Financial Officer, as the case may be, appointed under section 1(a). (2) Commission The term Commission means the Virgin Islands Chief Financial Officer Search Commission established pursuant to section 2. (3) Governor The term Governor means the Governor of the Virgin Islands. (4) Removal for cause The term removal for cause means removal based upon misconduct, failure to meet job requirements, or any grounds that a reasonable person would find grounds for discharge.

https://www.govinfo.gov/content/pkg/BILLS-113hr85ih/xml/BILLS-113hr85ih.xml

113-hr-86

I 113th CONGRESS 1st Session H. R. 86 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Education and the Workforce and Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of Homeland Security to establish a program to award grants to institutions of higher education for the establishment or expansion of cybersecurity professional development programs, and for other purposes. 1. Short title This Act may be cited as the Cybersecurity Education Enhancement Act of 2013 . 2. Department of Homeland Security Cybersecurity training programs and equipment (a) In general The Secretary of Homeland Security, acting through the Assistant Secretary of Cybersecurity, shall establish, in conjunction with the National Science Foundation, a program to award grants to institutions of higher education (and consortia thereof) for— (1) the establishment or expansion of cybersecurity professional development programs; (2) the establishment or expansion (or both) of associate degree programs in cybersecurity; and (3) the purchase of equipment to provide training in cybersecurity for either professional development programs or degree programs. (b) Roles (1) Department of Homeland Security The Secretary, acting through the Assistant Secretary and in consultation with the Director of the National Science Foundation, shall establish the goals for the program established under this section and the criteria for awarding grants. (2) National Science Foundation The Director of the National Science Foundation shall operate the program established under this section consistent with the goals and criteria established under paragraph (1), including soliciting applicants, reviewing applications, and making and administering awards. The Director may consult with the Assistant Secretary in selecting awardees. (3) Funding The Secretary shall transfer to the National Science Foundation the funds necessary to carry out this section. (c) Awards (1) Peer review All awards under this section shall be provided on a competitive, merit-reviewed basis. (2) Focus In making awards under this section, the Director shall, to the extent practicable, ensure geographic diversity and the participation of women and underrepresented minorities. (3) Preference In making awards under this section, the Director— (A) shall give preference to applications submitted by consortia of institutions, to encourage as many students and professionals as possible to benefit from the program established under this section; and (B) shall give preference to any application submitted by a consortium of institutions that includes at least one institution that is eligible to receive funds under title III or V of the Higher Education Act of 1965. (d) Institution of higher education defined In this section the term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (e) Authorization of appropriations There is authorized to be appropriated to the Secretary for carrying out this section $3,700,000 for each of fiscal years 2012 and 2013. 3. E-Security Fellows Program (a) Establishment of program Subtitle C of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 226. E-Security Fellows Program (a) Establishment (1) In general The Secretary shall establish a fellowship program in accordance with this section for the purpose of bringing State, local, tribal, and private sector officials to participate in the work of the National Cybersecurity Division in order to become familiar with the Department’s stated cybersecurity missions and capabilities, including but not limited to— (A) enhancing Federal, State, local, and tribal government cybersecurity; (B) developing partnerships with other Federal agencies, State, local, and tribal governments, and the private sector; (C) improving and enhancing public/private information sharing involving cyber attacks, threats, and vulnerabilities; (D) providing and coordinating incident response and recovery planning efforts; and (E) fostering training and certification. (2) Program name The program under this section shall be known as the E-Security Fellows Program. (b) Eligibility In order to be eligible for selection as a fellow under the program, an individual must— (1) have cybersecurity-related responsibilities; and (2) be eligible to possess an appropriate national security clearance. (c) Limitations The Secretary— (1) may conduct up to 2 iterations of the program each year, each of which shall be 180 days in duration; and (2) shall ensure that the number of fellows selected for each iteration does not impede the activities of the Division. (d) Condition As a condition of selecting an individual as a fellow under the program, the Secretary shall require that the individual’s employer agree to continue to pay the individual’s salary and benefits during the period of the fellowship. (e) Stipend During the period of the fellowship of an individual under the program, the Secretary shall, subject to the availability of appropriations, provide to the individual a stipend to cover the individual’s reasonable living expenses during the period of the fellowship. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: Sec. 226. E-Security Fellows Program. .

https://www.govinfo.gov/content/pkg/BILLS-113hr86ih/xml/BILLS-113hr86ih.xml

113-hr-87

I 113th CONGRESS 1st Session H. R. 87 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Castle Nugent National Historic Site at St. Croix, United States Virgin Islands, and for other purposes. 1. Short title This Act may be cited as the Castle Nugent National Historic Site Establishment Act of 2013 . 2. Definitions In this Act: (1) Historic site The term historic site means the Castle Nugent National Historic Site established in section 3. (2) Secretary The term Secretary means the Secretary of the Interior. 3. Castle Nugent National Historic Site (a) Establishment There is established as a unit of the National Park System the Castle Nugent National Historic Site on the Island of St. Croix, U.S. Virgin Islands, in order to preserve, protect, and interpret, for the benefit of present and future generations, a Caribbean cultural landscape that spans more than 300 years of agricultural use, significant archeological resources, mangrove forests, endangered sea turtle nesting beaches, an extensive barrier coral reef system, and other outstanding natural features. (b) Boundaries The historic site consists of the approximately 2,900 acres of land extending from Lowrys Hill and Laprey Valley to the Caribbean Sea and from Manchenil Bay to Great Pond, along with associated submerged lands to the three-mile territorial limit, as generally depicted on the map titled Castle Nugent National Historic Site Proposed Boundary Map , numbered T22/100,447, and dated October 2009. (c) Map availability The map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service, Department of the Interior. (d) Acquisition of land (1) In general Except as provided in paragraph (2), the Secretary is authorized to acquire lands and interests in lands within the boundaries of the historic site by donation, purchase with donated or appropriated funds, or exchange. (2) U.S. Virgin Island lands The Secretary is authorized to acquire lands and interests in lands owned by the U.S. Virgin Islands or any political subdivision thereof only by donation or exchange. 4. Administration (a) In general The Secretary shall administer the historic site in accordance with this Act and with laws generally applicable to units of the National Park System, including— (1) the National Park Service Organic Act (39 Stat. 535; 16 U.S.C. 1 et seq. ); and (2) the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq. ). (b) Shared resources To the greatest extent practicable, the Secretary shall use the resources of other sites administered by the National Park Service on the Island of St. Croix to administer the historic site. (c) Continued use In order to maintain an important feature of the cultural landscape of the historic site, the Secretary may lease to the University of the Virgin Islands certain lands within the boundary of the historic site for the purpose of continuing the university’s operation breeding Senepol cattle, a breed developed on St. Croix. A lease under this subsection shall contain such terms and conditions as the Secretary considers appropriate, including those necessary to protect the values of the historic site. (d) Management plan Not later than three years after funds are made available for this subsection, the Secretary shall prepare a general management plan for the historic site.

https://www.govinfo.gov/content/pkg/BILLS-113hr87ih/xml/BILLS-113hr87ih.xml

113-hr-88

I 113th CONGRESS 1st Session H. R. 88 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To increase the evidentiary standard required to convict a person for a drug offense, to require screening of law enforcement officers or others acting under color of law participating in drug task forces, and for other purposes. 1. Short title This Act may be cited as the No More Tulias: Drug Law Enforcement Evidentiary Standards Improvement Act of 2013 . 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) In recent years it has become clear that programs funded by the Edward Byrne Memorial Justice Assistance Grant program (referred to in this Act as the Byrne grants program ) have perpetuated racial disparities, corruption in law enforcement, and the commission of civil rights abuses across the country. This is especially the case when it comes to the program’s funding of hundreds of regional antidrug task forces because the grants for these antidrug task forces have been dispensed to State governments with very little Federal oversight and have been prone to misuse and corruption. (2) Numerous Government Accountability Office reports have found that the Department of Justice has inadequately monitored grants provided under the Byrne grants program. A 2001 General Accounting Office report found that one-third of the grants did not contain required monitoring plans. Seventy percent of files on such grants did not contain required progress reports. Forty-one percent of such files did not contain financial reports covering the full grant period. A 2002 report by the Heritage Foundation reported that there is virtually no evidence that the Byrne grants program has been successful in reducing crime and that the program lacks adequate measures of performance . (3) A 2002 report by the American Civil Liberties Union of Texas identified 17 recent scandals involving antidrug task forces in Texas that receive funds under the Byrne grants program. Such scandals include cases of the falsification of government records, witness tampering, fabricating evidence, false imprisonment, stealing drugs from evidence lockers, selling drugs to children, large-scale racial profiling, sexual harassment, and other abuses of official capacity. Recent scandals in other States include the misuse of millions of dollars in Byrne grants program money in Kentucky and Massachusetts, wrongful convictions based on police perjury in Missouri, and negotiations with drug offenders to drop or lower their charges in exchange for money or vehicles in Alabama, Arkansas, Georgia, Massachusetts, New York, Ohio, and Wisconsin. (4) The most well-known Byrne-funded task force scandal occurred in Tulia, Texas, where dozens of African-American residents (totaling over 16 percent of the town’s African-American population) were arrested, prosecuted, and sentenced to decades in prison, based solely on the uncorroborated testimony of one undercover officer whose background included past allegations of misconduct, sexual harassment, unpaid debts, and habitual use of a racial epithet. The undercover officer was allowed to work alone, and not required to provide audiotapes, video surveillance, or eyewitnesses to corroborate his allegations. Despite the lack of physical evidence or corroboration, the charges were vigorously prosecuted. After the first few trials resulted in convictions and lengthy sentences, many defendants accepted plea bargains. Suspicions regarding the legitimacy of the charges eventually arose after two of the accused defendants were able to produce convincing alibi evidence to prove that they were out of State or at work at the time of the alleged drug purchases. Texas Governor Rick Perry eventually pardoned the Tulia defendants (after four years of imprisonment), but these kinds of scandals continue to plague Byrne grant program spending. (5) A case arose in a Federal court in Waco, Texas, concerning the wrongful arrests of 28 African-Americans out of 4,500 other residents of Hearne, Texas. In November 2000, these individuals were arrested on charges of possession or distribution of crack cocaine, and they subsequently filed a case against the county government. On May 11, 2005, a magistrate judge found sufficient evidence that a Byrne-funded antidrug task force had routinely targeted African-Americans to hold the county liable for the harm suffered by the plaintiffs. Plaintiffs in that lawsuit alleged that for the past 15 years, based on the uncorroborated tales of informants, task force members annually raided the African-American community in eastern Hearne to arrest the residents identified by the confidential informants, resulting in the arrest and prosecution of innocent citizens without cause. On the eve of trial the counties involved in the Hearne task force scandal settled the case, agreeing to pay financial damages to the plaintiffs. (6) Scandals related to the Byrne grants program have grown so prolific that the Texas legislature has passed several reforms in response to them, including outlawing racial profiling and changing Texas law to prohibit drug offense convictions based solely on the word of an undercover informant. The Criminal Jurisprudence Committee of the Texas House of Representatives issued a report in 2004 recommending that all of the State’s federally funded antidrug task forces be abolished because they are inherently prone to corruption. The Committee reported, Continuing to sanction task force operations as stand-alone law enforcement entities—with widespread authority to operate at will across multiple jurisdictional lines—should not continue. The current approach violates practically every sound principle of police oversight and accountability applicable to narcotics interdiction. The Texas legislature passed a law that ends the ability of a narcotics task force to operate as an entity with no clear accountability. The legislation transfers authority for multicounty drug task forces to the Department of Public Safety and channels one-quarter of asset forfeiture proceeds received by the task forces to a special fund to support drug abuse prevention programs, drug treatment, and other programs designed to reduce drug use in the county where the assets are seized. (7) Texas’s corroboration law was passed thanks to a coalition of Christian conservatives and civil rights activists. As one Texas preacher related, requiring corroboration puts a protective hedge around the ninth commandment, You shall not bear false witness against your neighbor. As long as people bear false witness against their neighbors, this Biblical law will not be outdated. (8) During floor debate, conservative Texas legislators pointed out that Mosaic law requires corroboration: One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. Deuteronomy 19:15. Jesus concurred with the corroboration rule: If thy brother shall trespass against thee, go and tell him his fault between thee and him alone. … But if he will not hear thee, then take with thee one or two more, that in the mouth of two or three witnesses every word may be established. Matthew 18:15–16. (9) Texas’s corroboration law had an immediate positive impact. Once prosecutors needed more than just the word of one person to convict someone of a drug offense they began scrutinizing law enforcement tactics. This new scrutiny led to the uncovering of massive corruption and civil rights abuse by the Dallas police force. In what became known nationally as the Sheetrock scandal, Dallas police officers and undercover informants were found to have set up dozens of innocent people, mostly Mexican immigrants, by planting fake drugs on them consisting of chalk-like material used in Sheetrock and other brands of wallboard. The revelations led to the dismissal of over 40 cases (although some of those arrested were already deported). In April 2005, a former Dallas narcotics detective was sentenced to five years in prison for his role in the scheme. Charges against others are pending. (10) Many regional antidrug task forces receive up to 75 percent of their funding from the Byrne grant program. As such, the United States Government is accountable for corruption and civil rights abuses inherent in their operation. (b) Sense of Congress It is the sense of Congress that— (1) grants under the Byrne grants program should be prohibited for States that do not exercise effective control over antidrug task forces; (2) at a minimum, no State that fails to prohibit criminal convictions based solely on the testimony of a law enforcement officer or informants should receive a grant under such program; and (3) corroborative evidence, such as video or audio tapes, drugs, and money, should always be required for such criminal convictions to be sustained. 3. Limitation on receipt of Byrne grant funds and other Department of Justice law enforcement assistance (a) Limitation For any fiscal year, a State shall not receive any amount that would otherwise be allocated to that State under section 505(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755(a) ), or any amount from any other law enforcement assistance program of the Department of Justice, unless the State— (1) does not fund any antidrug task forces for that fiscal year; or (2) has in effect throughout the State laws that ensure— (A) a person is not convicted of a drug offense unless the fact that a drug offense was committed, and the fact that the person committed that offense, are each supported by evidence other than the eyewitness testimony of a law enforcement officer or an individual acting on behalf of a law enforcement officer; and (B) a law enforcement officer does not participate in an antidrug task force unless the honesty and integrity of that officer is evaluated and found to be at an appropriately high level. (b) Regulations The Attorney General shall prescribe regulations to carry out subsection (a). (c) Reallocation Amounts not allocated by reason of subsection (a) shall be reallocated to States not disqualified by failure to comply with such subsection. 4. Collection of data (a) In General A State that receives Federal funds pursuant to eligibility under section 3(a)(2), with respect to a fiscal year, shall collect data, for the most recent year for which funds were allocated to such State, with respect to the— (1) racial distribution of charges made during that year; (2) nature of the criminal law specified in the charges made; and (3) city or law enforcement jurisdiction in which the charges were made. (b) Report As a condition of receiving Federal funds pursuant to section 3(a)(2), a State shall submit to Congress the data collected under subsection (a) by not later than the date that is 180 days prior to the date on which such funds are awarded for a fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr88ih/xml/BILLS-113hr88ih.xml

113-hr-89

I 113th CONGRESS 1st Session H. R. 89 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen (for herself, Mr. Pierluisi , Mr. Faleomavaega , and Ms. Bordallo ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the St. Croix National Heritage Area, and for other purposes. 1. St. Croix National Heritage Area (a) Definitions In this section: (1) Heritage area The term Heritage Area means the St. Croix National Heritage Area established by subsection (b)(1). (2) Local coordinating entity The term local coordinating entity means the local coordinating entity for the Heritage Area designated by subsection (b)(4). (3) Management plan The term management plan means the management plan for the Heritage Area required under subsection (d). (4) Map The term map means the map entitled Proposed St. Croix National Heritage Area and dated ________. (5) Secretary The term Secretary means the Secretary of the Interior. (6) State The term State means St. Croix, U.S. Virgin Islands. (b) St. Croix National Heritage Area (1) Establishment There is established in the State the St. Croix National Heritage Area. (2) Conceptual boundaries The Heritage Area shall consist of the entire island. (3) Map A map of the Heritage Area shall be— (A) included in the management plan; and (B) on file and available for public inspection in the appropriate offices of the National Park Service. (4) Local coordinating entity (A) In general The local coordinating entity for the Heritage Area shall be known as St. Croix United for Community, Culture, Environment, and Economic Development (SUCCEED) Inc. (B) Membership requirements Membership in SUCCEED, Inc. shall be open to a broad cross-section of public, private, and non-governmental sectors including businesses, individuals, agencies, and organizations that were involved in the planning and development of the Heritage Area prior to the enactment of this Act. (c) Administration (1) Authorities For purposes of carrying out the management plan, the Secretary, acting through the local coordinating entity, may use amounts made available under this section to— (A) make grants to the State or a political subdivision of the State, nonprofit organizations, and other persons; (B) enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, nonprofit organizations, and other interested parties; (C) hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming; (D) obtain money or services from any source including any that are provided under any other Federal law or program; (E) contract for goods or services; and (F) undertake to be a catalyst for any other activity that furthers the Heritage Area and is consistent with the approved management plan. (2) Duties The local coordinating entity shall— (A) in accordance with subsection (d), prepare and submit a management plan for the Heritage Area to the Secretary; (B) assist units of local government, regional planning organizations, and nonprofit organizations in carrying out the approved management plan by— (i) carrying out programs and projects that recognize, protect, and enhance important resource values in the Heritage Area; (ii) establishing and maintaining interpretive exhibits and programs in the Heritage Area; (iii) developing recreational and educational opportunities in the Heritage Area; (iv) increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the Heritage Area; (v) protecting and restoring historic sites and buildings in the Heritage Area that are consistent with Heritage Area themes; (vi) ensuring that clear, consistent, and appropriate signs identifying points of public access, and sites of interest are posted throughout the Heritage Area; and (vii) promoting a wide range of partnerships among governments, organizations, and individuals to further the Heritage Area; (C) consider the interests of diverse units of government, businesses, organizations, and individuals in the Heritage Area in the preparation and implementation of the management plan; (D) conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan; (E) for any year that Federal funds have been received under this section— (i) submit an annual report to the Secretary that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made); (ii) make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and (iii) require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and (F) encourage by appropriate means economic viability that is consistent with the Heritage Area. (3) Prohibition on the acquisition of real property The local coordinating entity shall not use Federal funds made available under this section to acquire real property or any interest in real property. (4) Cost-sharing requirement (A) Authorization of Appropriations Subject to subsection (b), there are authorized to be appropriated to carry out this Act not more than $1,000,000 for any fiscal year. Funds so appropriated shall remain available until expended. (B) Cost-sharing Requirement The Federal share of the total cost of any activity under this Act shall be not more than 50 percent; the non-Federal contribution may be in the form of in-kind contributions of goods or services fairly valued. (d) Management plan (1) In general Not later than 3 years after the date of enactment of this Act, the local coordinating entity shall submit to the Secretary for approval a proposed management plan for the Heritage Area. (2) Requirements The management plan shall— (A) incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the Heritage Area; (B) take into consideration State and local plans; (C) include— (i) an inventory of— (I) the resources located in the core area described in subsection (b)(2); and (II) any other property in the core area that— (aa) is related to the themes of the Heritage Area; and (bb) should be preserved, restored, managed, or maintained because of the significance of the property; (ii) describe comprehensive policies, goals, strategies and recommendations for telling the story of the heritage of the area covered by the designation and encouraging long-term resource protection, enhancement, interpretation, funding, management, and development; (iii) a description of actions that governments, private organizations, and individuals have agreed to take to protect the natural, historical and cultural resources of the Heritage Area; (iv) a program of implementation for the management plan by the local coordinating entity that includes a description of— (I) actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and (II) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation; (v) the identification of sources of funding for carrying out the management plan; (vi) analysis and recommendations for means by which local, State, and Federal programs, may best be coordinated to carry out this section; and (vii) a business plan that describes the role, operation, financing, and functions of the local coordinating entity and of each of the major activities contained in the management plan and provides adequate assurances that the local coordinating entity has the partnerships and financial and other resources necessary to implement the management plan for the National Heritage Area; and (D) recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the Heritage Area. (3) Deadline If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date that the Secretary receives and approves the management plan. (4) Approval or disapproval of management plan (A) In general Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with the State, shall approve or disapprove the management plan. (B) Criteria for approval In determining whether to approve the management plan, the Secretary shall consider whether— (i) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (ii) the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and (iii) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the Heritage Area. (C) Action following disapproval If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall— (i) advise the local coordinating entity in writing of the reasons for the disapproval; (ii) make recommendations for revisions to the management plan; and (iii) not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision. (D) Amendments (i) In general The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan. (ii) Use of funds The local coordinating entity shall not use Federal funds authorized by this section to carry out any amendments to the management plan until the Secretary has approved the amendments. (e) Relationship to other federal agencies (1) In general Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law. (2) Consultation and coordination The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable. (3) Other federal agencies Nothing in this section— (A) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (B) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (C) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. (f) Private property and regulatory protections Nothing in this section— (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (6) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. (g) Evaluation; report (1) In general Not later than 3 years before the date on which authority for Federal funding terminates for the Heritage Area, the Secretary shall— (A) conduct an evaluation of the accomplishments of the Heritage Area; and (B) prepare a report in accordance with paragraph (3). (2) Evaluation An evaluation conducted under paragraph (1)(A) shall— (A) assess the progress of the local coordinating entity with respect to— (i) accomplishing the purposes of this section for the Heritage Area; and (ii) achieving the goals and objectives of the approved management plan for the Heritage Area; (B) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (C) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (3) Report (A) In general Based on the evaluation conducted under paragraph (1)(A), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (B) Required analysis If the report prepared under subparagraph (A) recommends that Federal funding for the Heritage Area be reauthorized, the report shall include an analysis of— (i) ways in which Federal funding for the Heritage Area may be reduced or eliminated; and (ii) the appropriate time period necessary to achieve the recommended reduction or elimination. (C) Submission to congress On completion of the report, the Secretary shall submit the report to— (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000, of which not more than $1,000,000 may be made available for any fiscal year. (i) Termination of authority The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr89ih/xml/BILLS-113hr89ih.xml

113-hr-90

I 113th CONGRESS 1st Session H. R. 90 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary A BILL To enhance Federal enforcement of hate crimes, and for other purposes. 1. Short title This Act may be cited as the David Ray Hate Crimes Prevention Act of 2013 or David’s Law . 2. Findings Congress finds that— (1) the incidence of violence motivated by the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability of the victim poses a serious national problem; (2) such violence disrupts the tranquility and safety of communities and is deeply divisive; (3) existing Federal law is inadequate to address this problem; (4) such violence affects interstate commerce in many ways, including— (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment or participating in other commercial activity; (5) perpetrators cross State lines to commit such violence; (6) instrumentalities of interstate commerce are used to facilitate the commission of such violence; (7) such violence is committed using articles that have traveled in interstate commerce; (8) violence motivated by bias that is a relic of slavery can constitute badges and incidents of slavery; (9) although many local jurisdictions have attempted to respond to the challenges posed by such violence, the problem is sufficiently serious, widespread, and interstate in scope to warrant Federal intervention to assist such jurisdictions; and (10) many States have no laws addressing violence based on the actual or perceived race, color, national origin, religion, sexual orientation, gender, or disability, of the victim, while other States have laws that provide only limited protection. 3. Definition of hate crime In this Act, the term hate crime has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 28 U.S.C. 994 note). 4. Prohibition of certain acts of violence Section 245 of title 18, United States Code, is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) (1) Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person— (A) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and (B) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both if— (i) death results from the acts committed in violation of this paragraph; or (ii) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (2) (A) Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive device, attempts to cause bodily injury to any person, because of the actual or perceived religion, gender, sexual orientation, or disability of any person— (i) shall be imprisoned not more than 10 years, or fined in accordance with this title, or both; and (ii) shall be imprisoned for any term of years or for life, or fined in accordance with this title, or both, if— (I) death results from the acts committed in violation of this paragraph; or (II) the acts committed in violation of this paragraph include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (B) For purposes of subparagraph (A), the circumstances described in this subparagraph are that— (i) in connection with the offense, the defendant or the victim travels in interstate or foreign commerce, uses a facility or instrumentality of interstate or foreign commerce, or engages in any activity affecting interstate or foreign commerce; or (ii) the offense is in or affects interstate or foreign commerce. . 5. Duties of Federal sentencing commission (a) Amendment of Federal sentencing guidelines Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall study the issue of adult recruitment of juveniles to commit hate crimes and shall, if appropriate, amend the Federal sentencing guidelines to provide sentencing enhancements (in addition to the sentencing enhancement provided for the use of a minor during the commission of an offense) for adult defendants who recruit juveniles to assist in the commission of hate crimes. (b) Consistency with other guidelines In carrying out this section, the United States Sentencing Commission shall— (1) ensure that there is reasonable consistency with other Federal sentencing guidelines; and (2) avoid duplicative punishments for substantially the same offense. 6. Grant program (a) Authority To make grants The Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 7. Authorization for additional personnel to assist State and local law enforcement There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2013, 2014, and 2015 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 245 of title 18, United States Code (as amended by this Act).

https://www.govinfo.gov/content/pkg/BILLS-113hr90ih/xml/BILLS-113hr90ih.xml

113-hr-91

I 113th CONGRESS 1st Session H. R. 91 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen (for herself, Ms. Bordallo , and Mr. Faleomavaega ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the supplemental security income benefits program to Guam, the United States Virgin Islands, and American Samoa. 1. Extension of the Supplemental Security Income benefits program to Guam, the United States Virgin Islands, and American Samoa (a) In general Section 1101(a)(1) of the Social Security Act (42 U.S.C. 1301(a)(1)) is amended— (1) by striking , the Virgin Islands, and Guam each place such term appears; and (2) by striking title IV and inserting titles IV and XVI (as in effect pursuant to such amendment after December 31, 1973) . (b) Conforming amendments (1) Section 303(b) of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking , Guam, and the Virgin Islands . (2) Sections 3(a)(2), 1003(a)(2), 1403(a)(2), and 1603(a)(2) of such Act ( 42 U.S.C. 303(a)(2) , 1203(a)(2), 1353(a)(2), and 1383 note) are each amended by striking , the Virgin Islands, and Guam . (3) Section 1614(e) of such Act ( 42 U.S.C. 1382c(e) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, the Virgin Islands, Guam, and American Samoa . (c) Effective date The amendments made by this section shall take effect on the 1st day of the 3rd calendar month that begins after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr91ih/xml/BILLS-113hr91ih.xml

113-hr-92

I 113th CONGRESS 1st Session H. R. 92 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. Christensen introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committees on Energy and Commerce , Transportation and Infrastructure , Financial Services , 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 provide energy crisis relief to residents of the Virgin Islands. 1. Short title This Act may be cited as the Virgin Islands Energy Crisis Relief Act . 2. High energy costs assistance Section 19 of the Rural Electrification Act of 1936 ( 7 U.S.C. 918a ) is amended by adding at the end the following: (c) High Energy Cost Grant to the Water and Power Authority of the United States Virgin Islands (1) In general The Secretary, acting through the Rural Utilities Service, shall make a grant in an amount equal to $100,000,000 to the Water and Power Authority of the United States Virgin Islands under subection (a)(1) if that entity applies for, and is eligible for, such a grant. (2) Appropriation (A) In general Out of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2013 such sums as may be necessary for the grant provided for in paragraph (1), in addition to any other appropriated funds that may be used for the grant. (B) Availability Amounts made available under subparagraph (A) shall remain available through fiscal year 2015. (d) Territories included In this section, the term State includes Territory. . 3. Economic adjustment assistance (a) In general The Secretary of Commerce is authorized to make grants under section 209 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3199 ) to the Virgin Islands Water and Power Authority for programs and activities to convert base power production in the Virgin Islands from fuel oil to liquefied natural gas or liquefied petroleum gas. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section a total of $15,000,000 for fiscal years 2013 through 2017. 4. Low-Income Home Energy Assistance Program With respect to fiscal years 2013 through 2018, the percentage described in section 2605(b)(2)(B)(i) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(B)(i)) shall be 300 percent when applied to households located in the Virgin Islands.

https://www.govinfo.gov/content/pkg/BILLS-113hr92ih/xml/BILLS-113hr92ih.xml

113-hr-93

I 113th CONGRESS 1st Session H. R. 93 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Cicilline introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 44 of title 18, United States Code, to restrict the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms, and for other purposes. 1. Short title This Act may be cited as the Fire Sale Loophole Closing Act . 2. Restrictions on the ability of a person whose Federal license to import, manufacture, or deal in firearms has been revoked, whose application to renew such a license has been denied, or who has received a license revocation or renewal denial notice, to transfer business inventory firearms (a) Restrictions Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) (1) (A) It shall be unlawful for a person who has been notified by the Attorney General that the Attorney General has made a determination to revoke a license issued to the person under this chapter to import, manufacture, or deal in firearms, or to deny an application of the person to renew such a license, to— (i) transfer a business inventory firearm of the person— (I) into a personal collection of the person; or (II) to an employee of the person, or to an individual described in section 923(d)(1)(B) with respect to the person; or (ii) receive a firearm that was a business inventory firearm of the person as of the date the person received the notice. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is rescinded. (2) (A) It shall be unlawful for a person, on or after the effective date of the revocation of a license issued to the person under this chapter to import, manufacture, or deal in firearms, or (in the case that the application of the person to renew such a license is denied) on or after the date the license expires, to— (i) engage in conduct prohibited by paragraph (1); or (ii) transfer to any other person (except a person licensed under this chapter or a Federal, State, or local law enforcement agency) a firearm that was a business inventory firearm of the person as of the effective date or expiration date, as the case may be. (B) Subparagraph (A) shall not apply with respect to a license revocation or denial determination that is reversed. . (b) Business inventory defined Section 921(a) of such title is amended by adding at the end the following: (36) Business inventory firearm The term business inventory firearm means, with respect to a person, a firearm required by law to be recorded in the acquisition and disposition logs of any firearms business of the person. . (c) Conforming amendment Section 923(c) of such title is amended in the 2nd sentence by inserting section 922(aa) and to after subject only to . (d) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(aa) shall be fined under this title, imprisoned not more than 1 year (or, if the violation was willful, 5 years), or both. . (e) Requirement that license revocation or application denial notice include text of law prohibiting dealing in firearms without a Federal firearms license and restricting transfer of firearms after receipt of official license revocation or renewal application denial notice Section 923(f)(1) of such title is amended in the last sentence by inserting , and shall set forth the provisions of Federal law and regulation which prohibit a person not licensed under this chapter from engaging in the business of dealing in firearms or are relevant in determining whether a person is doing so, and the provisions of section 922(aa) before the period.

https://www.govinfo.gov/content/pkg/BILLS-113hr93ih/xml/BILLS-113hr93ih.xml

113-hr-94

I 113th CONGRESS 1st Session H. R. 94 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Cole introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Internal Revenue Code of 1986 to prohibit the use of public funds for political party conventions. 1. Prohibiting use of presidential election campaign funds for party conventions (a) In general Chapter 95 of the Internal Revenue Code of 1986 is amended by striking section 9008. (b) Clerical amendment The table of sections of chapter 95 of such Code is amended by striking the item relating to section 9008. 2. Conforming amendments (a) Availability of payments to candidates The third sentence of section 9006(c) of the Internal Revenue Code of 1986 is amended by striking , section 9008(b)(3), . (b) Reports by Federal election commission Section 9009(a) of such Code is amended— (1) by adding and at the end of paragraph (2); (2) by striking ; and at the end of paragraph (3) and inserting a period; and (3) by striking paragraphs (4), (5), and (6). (c) Penalties Section 9012 of such Code is amended— (1) in subsection (a)(1), by striking the second sentence; and (2) in subsection (c), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (d) Availability of payments from presidential primary matching payment account The second sentence of section 9037(a) of such Code is amended by striking and for payments under section 9008(b)(3) . 3. Effective date The amendments made by this Act shall apply with respect to elections occurring after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr94ih/xml/BILLS-113hr94ih.xml

113-hr-95

I 113th CONGRESS 1st Session H. R. 95 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Cole 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 reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions. 1. Termination of taxpayer financing of presidential election campaigns (a) Termination of designation of income tax payments Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Termination This section shall not apply to taxable years beginning after December 31, 2011. . (b) Termination of fund and account (1) Termination of presidential election campaign fund (A) In general Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: 9014. Termination The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Transfer of excess funds to general fund Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Transfer of funds remaining after termination The Secretary shall transfer all amounts in the fund after the date of the enactment of this section to the general fund of the Treasury, to be used only for reducing the deficit. . (2) Termination of account Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9014. Termination. . (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. .

https://www.govinfo.gov/content/pkg/BILLS-113hr95ih/xml/BILLS-113hr95ih.xml

113-hr-96

I 113th CONGRESS 1st Session H. R. 96 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Connolly (for himself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To permit the televising of Supreme Court proceedings. 1. Short title This Act may be cited as the Cameras in the Courtroom Act . 2. Amendment to title 28 (a) In general Chapter 45 of title 28, United States Code, is amended by adding at the end the following: 678. Televising Supreme Court proceedings The Supreme Court shall permit television coverage of all open sessions of the Court unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation of the due process rights of one or more of the parties before the Court. . (b) Clerical amendment The chapter analysis for chapter 45 of title 28, United States Code, is amended by adding at the end the following: 678. Televising Supreme Court proceedings. .

https://www.govinfo.gov/content/pkg/BILLS-113hr96ih/xml/BILLS-113hr96ih.xml

113-hr-97

I 113th CONGRESS 1st Session H. R. 97 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Connolly (for himself and Mr. Langevin ) introduced the following bill; which was referred to the Committee on House Administration , 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 provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls and to simplify voter registration. 1. Short title This Act may be cited as the Fair, Accurate, Secure, and Timely Voting Act or the FAST Voting Act . 2. Incentives for States to invest in practices and technology that are designed to expedite voting at the polls and simplify voter registration (a) Purposes The purposes of this section are to— (1) provide incentives for States to invest in practices and technology that are designed to expedite voting at the polls; and (2) provide incentives for States to simplify voter registration. (b) Reservation of funds From the amount made available to carry out this section for a fiscal year, the Attorney General may reserve not more than 10 percent of such amount to carry out activities related to— (1) technical assistance; and (2) outreach and dissemination. (c) Program authorized (1) In general From the amounts made available under subsection (h) for a fiscal year and not reserved under subsection (b), the Attorney General shall award grants, on a competitive basis, to States in accordance with subsection (d)(2) , to enable the States to carry out the purposes of this section. (2) Number of grants A State may not receive more than 1 grant under this section per grant period. (3) Duration of grants (A) In general A grant under this section shall be awarded for a period of not more than 4 years. (B) Continuation of grants A State that is awarded a grant under this section shall not receive grant funds under this section for the second or any subsequent year of the grant unless the State demonstrates to the Attorney General, at such time and in such manner as determined by the Attorney General, that the State is— (i) making progress in implementing the plan under subsection (d)(1)(C) at a rate that the Attorney General determines will result in the State fully implementing such plan during the remainder of the grant period; or (ii) making progress against the performance measures set forth in subsection (e) at a rate that the Attorney General determines will result in the State reaching its targets and achieving the objectives of the grant during the remainder of the grant period. (d) Applications (1) Applications Each State that desires to receive a grant under this section shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require. At a minimum, each such application shall include— (A) documentation of the applicant’s record, as applicable— (i) in providing various voter registration opportunities; (ii) in providing early voting; (iii) in providing absentee voting; (iv) in providing assistance to voters who do not speak English as a primary language; (v) in providing assistance to voters with disabilities; (vi) in providing effective access to voting for members of the armed services; (vii) in providing formal training of election officials; (viii) in auditing or otherwise documenting waiting times at polling stations; (ix) in allocating polling locations, equipment, and staff to match population distribution; (x) in responding to voting irregularities and concerns raised at polling stations; (xi) in creating and adhering to contingency voting plans in the event of a natural or other disaster; and (xii) with respect to any other performance measure described in subsection (e) that is not included in clauses (i) through (xi); (B) evidence of conditions of innovation and reform that the applicant has established and the applicant's proposed plan for implementing additional conditions for innovation and reform, including— (i) a description of how the applicant has identified and eliminated ineffective practices in the past and the applicant's plan for doing so in the future; (ii) a description of how the applicant has identified and promoted effective practices in the past and the applicant's plan for doing so in the future; and (iii) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of the proposed plan under this subparagraph; (C) a comprehensive and coherent plan for using funds under this section, and other Federal, State, and local funds, to improve the applicant’s performance on the measures described in subsection (e), consistent with criteria set forth by the Attorney General, including how the applicant will, if applicable— (i) provide flexible registration opportunities, including online and same-day registration and registration updating; (ii) provide early voting, at a minimum of 9 of the 10 calendar days preceding an election, at sufficient and flexible hours; (iii) provide absentee voting, including no-excuse absentee voting; (iv) provide assistance to voters who do not speak English as a primary language; (v) provide assistance to voters with disabilities, including visual impairment; (vi) provide effective access to voting for members of the armed services; (vii) provide formal training of election officials, including State and county administrators and volunteers; (viii) audit and reduce waiting times at polling stations; (ix) allocate polling locations, equipment, and staff to match population distribution; (x) respond to any reports of voting irregularities or concerns raised at the polling station; (xi) create contingency voting plans in the event of a natural or other disaster; and (xii) improve the wait times at the persistently poorest performing polling stations within the jurisdiction of the applicant; (D) evidence of collaboration between the State, local election officials, and other stakeholders, in developing the plan described in subparagraph (C), including evidence of the commitment and capacity to implement the plan; (E) the applicant’s annual performance measures and targets, consistent with the requirements of subsection (e); and (F) a description of the applicant’s plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this section. (2) Criteria for evaluating applications (A) Award basis The Attorney General shall award grants under this section on a competitive basis, based on the quality of the applications submitted under paragraph (1), including— (i) each applicant’s record in the areas described in paragraph (1)(A); (ii) each applicant’s record of, and commitment to, establishing conditions for innovation and reform, as described in paragraph (1)(B); (iii) the quality and likelihood of success of each applicant’s plan described in paragraph (1)(C) in showing improvement in the areas described in paragraph (1)(A), including each applicant’s capacity to implement the plan and evidence of collaboration as described in paragraph (1)(D); and (iv) each applicant’s evaluation plan as described in paragraph (1)(F). (B) Explanation The Attorney General shall publish an explanation of how the application review process under this paragraph will ensure an equitable and objective evaluation based on the criteria described in subparagraph (A). (e) Performance measures Each State receiving a grant under this section shall establish performance measures and targets, approved by the Attorney General, for the programs and activities carried out under this section. These measures shall, at a minimum, track the State’s progress— (1) in implementing its plan described in subsection (d)(1)(C); (2) in expediting voting at the polls or simplifying voter registration, as applicable; and (3) on any other measures identified by the Attorney General. (f) Uses of funds Each State that receives a grant under this section shall use the grant funds for any purpose included in the State's plan under subsection (d)(1)(C). (g) Reporting A State that receives a grant under this section shall submit to the Attorney General, at such time and in such manner as the Attorney General may require, an annual report including— (1) data on the State’s progress in achieving the targets for the performance measures established under subsection (e); (2) a description of the challenges the State has faced in implementing its program and how it has addressed or plans to address those challenges; and (3) findings from the evaluation plan as described in subsection (d)(1)(F). (h) State defined In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section.

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113-hr-98

I 113th CONGRESS 1st Session H. R. 98 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Conyers introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide a remedy for survivors and descendants of the victims of the Tulsa, Oklahoma Race Riot of 1921. 1. Short title This Act may be cited as the John Hope Franklin Tulsa-Greenwood Race Riot Claims Accountability Act of 2013 . 2. Findings The Congress makes the following findings: (1) In 1921, Greenwood (a community in Tulsa, Oklahoma) was one of the most prosperous African-American communities in the United States. Serving over 8,000 residents, Greenwood's commercial district was known nationally as the Negro Wall Street . The community boasted two newspapers, over a dozen churches, and hundreds of African-American-owned businesses. (2) On the evening of May 31, 1921, the African-American Greenwood community of Tulsa, Oklahoma was ravaged by a White mob. By the conclusion of the riot at midday, June 1, virtually every building in a 42-square-block area of the community—homes, schools, churches, and businesses—was burned to the ground and thousands were left homeless. Over 1,200 homes were destroyed. Every church, school, and business in Greenwood was set on fire. Approximately 8,000 African-Americans were left homeless and penniless. Unable to rebuild, thousands of residents spent the winter of 1921–1922 in tents. (3) Credible evidence supports the belief that up to 300 African-Americans were killed during the riot. As many victims were buried in unmarked graves, an exact accounting is impossible. (4) In the wake of the White mob destruction of the Greenwood District, a State-convened grand jury officially placed responsibility for the violence on the African-American community, exonerating Whites of all responsibility. Neither the State nor the city undertook any investigations or prosecutions, and documents relating to the riot vanished from State archives. Ultimately, no convictions were obtained for the incidents of murder, arson, or larceny connected with the riot. (5) None of the more than 100 contemporaneously filed lawsuits by residents and property owners in Greenwood were successful in recovering damages from insurance companies to assist in the reconstruction of the community. After the city attempted to block their redevelopment efforts, victims were forced to rebuild with their own resources or abandon the community. (6) State and local governments suppressed or ignored issues and claims arising from the 1921 riot, effectively excising it from collective memory, until the Oklahoma Legislature created a commission to study the event in 1997. The commission's February 28, 2001, report uncovered new information and detailed, for the first time, the extent of involvement by the State and city government in prosecuting and erasing evidence of the riot (Okla. Stat. Tit. 74 Section 8000.1 (West 2005)). (7) The documentation assembled by the 1921 Tulsa Race Riot Commission provides strong evidence that some local municipal and county officials failed to take actions to calm or contain the situation once violence erupted and, in some cases, became participants in the subsequent violence, and even deputized and armed many Whites who were part of a mob that killed, looted, and burned down the Greenwood area. (8) Based on new information contained in the report, the Greenwood claimants filed suit, pursuant to the laws codified in sections 1981, 1983, and 1985 of title 42 of the United States Code and the 14th Amendment, seeking damages for the injuries sustained in the riot as a result of the government's involvement. Their claims were dismissed as time barred by the court, and so were not determined on the merits (382 F.3d 1206 (10th Cir. 2004), rehrg en banc denied (with dissent), 391 F.3d 1155 (10th Cir. 2004), cert denied Alexander v. State of Oklahoma, 544 U.S. 1044 (2005)). 3. Cause of action (a) In general Every person who, in connection with the Tulsa, Oklahoma race riot of 1921 and its aftermath, acted under color of any statute, ordinance, regulation, custom, or usage of the State of Oklahoma to subject, or cause to be subjected, any person to the deprivation, on account of race, of any right secured at the time of the deprivation by Oklahoma law, shall be liable to the party injured in a civil action for redress. (b) Definition In this section, the term person includes the State of Oklahoma. (c) Limitation on commencement of action A civil action under this section may not be commenced later than 5 years after the date of the enactment of this Act.

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113-hr-99

I 113th CONGRESS 1st Session H. R. 99 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Conyers introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit anticompetitive activities and to provide that health insurance issuers and medical malpractice insurance issuers are subject to the antitrust laws of the United States, and for other purposes. 1. Short title This Act may be cited as the Health Insurance Industry Antitrust Enforcement Act of 2013 . 2. Prohibition of anticompetitive activities Notwithstanding any other provision of law, nothing in the Act of March 9, 1945 ( 15 U.S.C. 1011 et seq. , commonly known as the McCarran-Ferguson Act ), shall be construed to permit health insurance issuers (as defined in section 2791 of the Public Health Service Act ( 42 U.S.C. 300gg–91 )) or issuers of medical malpractice insurance to engage in any form of price fixing, bid rigging, or market allocations in connection with the conduct of the business of providing health insurance coverage (as defined in such section) or coverage for medical malpractice claims or actions. 3. Restoring the application of antitrust laws to health sector insurers (a) Amendment to McCarran-Ferguson Act Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: (c) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. For purposes of the preceding sentence, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. . (b) Related Provision For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of Corporation contained in section 4 of the Federal Trade Commission Act.

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113-hr-100

I 113th CONGRESS 1st Session H. R. 100 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Conyers (for himself, Mr. Cohen , Mr. Deutch , Mr. Nadler , Mr. Johnson of Georgia , Mr. Watt , Mr. George Miller of California , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11, United States Code, to improve protections for employees and retirees in business bankruptcies. 1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Employees and Retirees in Business Bankruptcies Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Title I—Improving Recoveries for Employees and Retirees Sec. 101. Increased wage priority. Sec. 102. Claim for stock value losses in defined contribution plans. Sec. 103. Priority for severance pay. Sec. 104. Financial returns for employees and retirees. Sec. 105. Priority for WARN Act damages. Title II—Reducing Employees’ and Retirees’ Losses Sec. 201. Rejection of collective bargaining agreements. Sec. 202. Payment of insurance benefits to retired employees. Sec. 203. Protection of employee benefits in a sale of assets. Sec. 204. Claim for pension losses. Sec. 205. Payments by secured lender. Sec. 206. Preservation of jobs and benefits. Sec. 207. Termination of exclusivity. Title III—Restricting Executive Compensation Programs Sec. 301. Executive compensation upon exit from bankruptcy. Sec. 302. Limitations on executive compensation enhancements. Sec. 303. Assumption of executive benefit plans. Sec. 304. Recovery of executive compensation. Sec. 305. Preferential compensation transfer. Title IV—Other Provisions Sec. 401. Union proof of claim. Sec. 402. Exception from automatic stay. 2. Findings The Congress finds the following: (1) Business bankruptcies have increased sharply in recent years and remain at high levels. These bankruptcies include several of the largest business bankruptcy filings in history. As the use of bankruptcy has expanded, job preservation and retirement security are placed at greater risk. (2) Laws enacted to improve recoveries for employees and retirees and limit their losses in bankruptcy cases have not kept pace with the increasing and broader use of bankruptcy by businesses in all sectors of the economy. However, while protections for employees and retirees in bankruptcy cases have eroded, management compensation plans devised for those in charge of troubled businesses have become more prevalent and are escaping adequate scrutiny. (3) Changes in the law regarding these matters are urgently needed as bankruptcy is used to address increasingly more complex and diverse conditions affecting troubled businesses and industries. I Improving Recoveries for Employees and Retirees 101. Increased wage priority Section 507(a) of title 11, United States Code, is amended— (1) in paragraph (4)— (A) by striking $10,000 and inserting $20,000 ; (B) by striking within 180 days ; and (C) by striking or the date of the cessation of the debtor’s business, whichever occurs first, ; (2) in paragraph (5)(A), by striking— (A) within 180 days ; and (B) or the date of the cessation of the debtor’s business, whichever occurs first ; and (3) in paragraph (5), by striking subparagraph (B) and inserting the following: (B) for each such plan, to the extent of the number of employees covered by each such plan, multiplied by $20,000. . 102. Claim for stock value losses in defined contribution plans Section 101(5) of title 11, United States Code, is amended— (1) in subparagraph (A), by striking or at the end; (2) in subparagraph (B), by inserting or after the semicolon; and (3) by adding at the end the following: (C) right or interest in equity securities of the debtor, or an affiliate of the debtor, held in a defined contribution plan (within the meaning of section 3(34) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(34) )) for the benefit of an individual who is not an insider, a senior executive officer, or any of the 20 next most highly compensated employees of the debtor (if one or more are not insiders), if such securities were attributable to either employer contributions by the debtor or an affiliate of the debtor, or elective deferrals (within the meaning of section 402(g) of the Internal Revenue Code of 1986), and any earnings thereon, if an employer or plan sponsor who has commenced a case under this title has committed fraud with respect to such plan or has otherwise breached a duty to the participant that has proximately caused the loss of value. . 103. Priority for severance pay Section 503(b) of title 11, United States Code, is amended— (1) in paragraph (8), by striking and at the end; (2) in paragraph (9), by striking the period and inserting ; and ; and (3) by adding at the end the following: (10) severance pay owed to employees of the debtor (other than to an insider, other senior management, or a consultant retained to provide services to the debtor), under a plan, program, or policy generally applicable to employees of the debtor (but not under an individual contract of employment), or owed pursuant to a collective bargaining agreement, for layoff or termination on or after the date of the filing of the petition, which pay shall be deemed earned in full upon such layoff or termination of employment. . 104. Financial returns for employees and retirees Section 1129(a) of title 11, United States Code is amended— (1) by adding at the end the following: (17) The plan provides for recovery of damages payable for the rejection of a collective bargaining agreement, or for other financial returns as negotiated by the debtor and the authorized representative under section 1113 (to the extent that such returns are paid under, rather than outside of, a plan). ; and (2) by striking paragraph (13) and inserting the following: (13) With respect to retiree benefits, as that term is defined in section 1114(a), the plan— (A) provides for the continuation after its effective date of payment of all retiree benefits at the level established pursuant to subsection (e)(1)(B) or (g) of section 1114 at any time before the date of confirmation of the plan, for the duration of the period for which the debtor has obligated itself to provide such benefits, or if no modifications are made before confirmation of the plan, the continuation of all such retiree benefits maintained or established in whole or in part by the debtor before the date of the filing of the petition; and (B) provides for recovery of claims arising from the modification of retiree benefits or for other financial returns, as negotiated by the debtor and the authorized representative (to the extent that such returns are paid under, rather than outside of, a plan). . 105. Priority for WARN Act damages Section 503(b)(1)(A)(ii) of title 11, United States Code is amended to read as follows: (ii) wages and benefits awarded pursuant to a judicial proceeding or a proceeding of the National Labor Relations Board as back pay or damages attributable to any period of time occurring after the date of commencement of the case under this title, as a result of a violation of Federal or State law by the debtor, without regard to the time of the occurrence of unlawful conduct on which the award is based or to whether any services were rendered on or after the commencement of the case, including an award by a court under section 2901 of title 29, United States Code, of up to 60 days’ pay and benefits following a layoff that occurred or commenced at a time when such award period includes a period on or after the commencement of the case, if the court determines that payment of wages and benefits by reason of the operation of this clause will not substantially increase the probability of layoff or termination of current employees or of nonpayment of domestic support obligations during the case under this title. . II Reducing Employees’ and Retirees’ Losses 201. Rejection of collective bargaining agreements Section 1113 of title 11, United States Code, is amended by striking subsections (a) through (f) and inserting the following: (a) The debtor in possession, or the trustee if one has been appointed under this chapter, other than a trustee in a case covered by subchapter IV of this chapter and by title I of the Railway Labor Act, may reject a collective bargaining agreement only in accordance with this section. Hereinafter in this section, a reference to the trustee includes a reference to the debtor in possession. (b) No provision of this title shall be construed to permit the trustee to unilaterally terminate or alter any provision of a collective bargaining agreement before complying with this section. The trustee shall timely pay all monetary obligations arising under the terms of the collective bargaining agreement. Any such payment required to be made before a plan confirmed under section 1129 is effective has the status of an allowed administrative expense under section 503. (c) (1) If the trustee seeks modification of a collective bargaining agreement, then the trustee shall provide notice to the labor organization representing the employees covered by the agreement that modifications are being proposed under this section, and shall promptly provide an initial proposal for modifications to the agreement. Thereafter, the trustee shall confer in good faith with the labor organization, at reasonable times and for a reasonable period in light of the complexity of the case, in attempting to reach mutually acceptable modifications of such agreement. (2) The initial proposal and subsequent proposals by the trustee for modification of a collective bargaining agreement shall be based upon a business plan for the reorganization of the debtor, and shall reflect the most complete and reliable information available. The trustee shall provide to the labor organization all information that is relevant for negotiations. The court may enter a protective order to prevent the disclosure of information if disclosure could compromise the debtor’s position with respect to its competitors in the industry, subject to the needs of the labor organization to evaluate the trustee’s proposals and any application for rejection of the agreement or for interim relief pursuant to this section. (3) In consideration of Federal policy encouraging the practice and process of collective bargaining and in recognition of the bargained-for expectations of the employees covered by the agreement, modifications proposed by the trustee— (A) shall be proposed only as part of a program of workforce and nonworkforce cost savings devised for the reorganization of the debtor, including savings in management personnel costs; (B) shall be limited to modifications designed to achieve a specified aggregate financial contribution for the employees covered by the agreement (taking into consideration any labor cost savings negotiated within the 12-month period before the filing of the petition), and shall be not more than the minimum savings essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by the liquidation, or the need for further financial reorganization, of the debtor (or any successor to the debtor) in the short-term; and (C) shall not be disproportionate or overly burden the employees covered by the agreement, either in the amount of the cost savings sought from such employees or the nature of the modifications. (d) (1) If, after a period of negotiations, the trustee and the labor organization have not reached an agreement over mutually satisfactory modifications, and further negotiations are not likely to produce mutually satisfactory modifications, the trustee may file a motion seeking rejection of the collective bargaining agreement after notice and a hearing. Absent agreement of the parties, no such hearing shall be held before the expiration of the 21-day period beginning on the date on which notice of the hearing is provided to the labor organization representing the employees covered by the agreement. Only the debtor and the labor organization may appear and be heard at such hearing. An application for rejection shall seek rejection effective upon the entry of an order granting the relief. (2) In consideration of Federal policy encouraging the practice and process of collective bargaining and in recognition of the bargained-for expectations of the employees covered by the agreement, the court may grant a motion seeking rejection of a collective bargaining agreement only if, based on clear and convincing evidence— (A) the court finds that the trustee has complied with the requirements of subsection (c); (B) the court has considered alternative proposals by the labor organization and has concluded that such proposals do not meet the requirements of paragraph (3)(B) of subsection (c); (C) the court finds that further negotiations regarding the trustee’s proposal or an alternative proposal by the labor organization are not likely to produce an agreement; (D) the court finds that implementation of the trustee’s proposal shall not— (i) cause a material diminution in the purchasing power of the employees covered by the agreement; (ii) adversely affect the ability of the debtor to retain an experienced and qualified workforce; or (iii) impair the debtor’s labor relations such that the ability to achieve a feasible reorganization would be compromised; and (E) the court concludes that rejection of the agreement and immediate implementation of the trustee’s proposal is essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by liquidation, or the need for further financial reorganization, of the debtor (or any successor to the debtor) in the short term. (3) If the trustee has implemented a program of incentive pay, bonuses, or other financial returns for insiders, senior executive officers, or the 20 next most highly compensated employees or consultants providing services to the debtor during the bankruptcy, or such a program was implemented within 180 days before the date of the filing of the petition, the court shall presume that the trustee has failed to satisfy the requirements of subsection (c)(3)(C). (4) In no case shall the court enter an order rejecting a collective bargaining agreement that would result in modifications to a level lower than the level proposed by the trustee in the proposal found by the court to have complied with the requirements of this section. (5) At any time after the date on which an order rejecting a collective bargaining agreement is entered, or in the case of an agreement entered into between the trustee and the labor organization providing mutually satisfactory modifications, at any time after such agreement has been entered into, the labor organization may apply to the court for an order seeking an increase in the level of wages or benefits, or relief from working conditions, based upon changed circumstances. The court shall grant the request only if the increase or other relief is not inconsistent with the standard set forth in paragraph (2)(E). (e) During a period in which a collective bargaining agreement at issue under this section continues in effect, and if essential to the continuation of the debtor’s business or in order to avoid irreparable damage to the estate, the court, after notice and a hearing, may authorize the trustee to implement interim changes in the terms, conditions, wages, benefits, or work rules provided by the collective bargaining agreement. Any hearing under this subsection shall be scheduled in accordance with the needs of the trustee. The implementation of such interim changes shall not render the application for rejection moot. (f) Rejection of a collective bargaining agreement constitutes a breach of the agreement, and shall be effective no earlier than the entry of an order granting such relief. Notwithstanding the foregoing, solely for purposes of determining and allowing a claim arising from the rejection of a collective bargaining agreement, rejection shall be treated as rejection of an executory contract under section 365(g) and shall be allowed or disallowed in accordance with section 502(g)(1). No claim for rejection damages shall be limited by section 502(b)(7). Economic self-help by a labor organization shall be permitted upon a court order granting a motion to reject a collective bargaining agreement under subsection (d) or pursuant to subsection (e), and no provision of this title or of any other provision of Federal or State law may be construed to the contrary. (g) The trustee shall provide for the reasonable fees and costs incurred by a labor organization under this section, upon request and after notice and a hearing. (h) A collective bargaining agreement that is assumed shall be assumed in accordance with section 365. . 202. Payment of insurance benefits to retired employees Section 1114 of title 11, United States Code, is amended— (1) in subsection (a), by inserting , whether or not the debtor asserts a right to unilaterally modify such payments under such plan, fund, or program before the period at the end; (2) in subsection (b)(2), by inserting after section the following: , and a labor organization serving as the authorized representative under subsection (c)(1), ; (3) in subsection (f), by striking (f) and all that follows through paragraph (2) and inserting the following: (f) (1) If a trustee seeks modification of retiree benefits, then the trustee shall provide a notice to the authorized representative that modifications are being proposed pursuant to this section, and shall promptly provide an initial proposal. Thereafter, the trustee shall confer in good faith with the authorized representative at reasonable times and for a reasonable period in light of the complexity of the case in attempting to reach mutually satisfactory modifications. (2) The initial proposal and subsequent proposals by the trustee shall be based upon a business plan for the reorganization of the debtor and shall reflect the most complete and reliable information available. The trustee shall provide to the authorized representative all information that is relevant for the negotiations. The court may enter a protective order to prevent the disclosure of information if disclosure could compromise the debtor’s position with respect to its competitors in the industry, subject to the needs of the authorized representative to evaluate the trustee’s proposals and an application pursuant to subsection (g) or (h). (3) Modifications proposed by the trustee— (A) shall be proposed only as part of a program of workforce and nonworkforce cost savings devised for the reorganization of the debtor, including savings in management personnel costs; (B) shall be limited to modifications that are designed to achieve a specified aggregate financial contribution for the retiree group represented by the authorized representative (taking into consideration any cost savings implemented within the 12-month period before the date of filing of the petition with respect to the retiree group), and shall be no more than the minimum savings essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by the liquidation, or the need for further financial reorganization, of the debtor (or any successor to the debtor) in the short term; and (C) shall not be disproportionate or overly burden the retiree group, either in the amount of the cost savings sought from such group or the nature of the modifications. ; (4) in subsection (g)— (A) by striking (g) and all that follows through the semicolon at the end of paragraph (3) and inserting the following: (g) (1) If, after a period of negotiations, the trustee and the authorized representative have not reached agreement over mutually satisfactory modifications and further negotiations are not likely to produce mutually satisfactory modifications, then the trustee may file a motion seeking modifications in the payment of retiree benefits after notice and a hearing. Absent agreement of the parties, no such hearing shall be held before the expiration of the 21-day period beginning on the date on which notice of the hearing is provided to the authorized representative. Only the debtor and the authorized representative may appear and be heard at such hearing. (2) The court may grant a motion to modify the payment of retiree benefits only if, based on clear and convincing evidence— (A) the court finds that the trustee has complied with the requirements of subsection (f); (B) the court has considered alternative proposals by the authorized representative and has determined that such proposals do not meet the requirements of subsection (f)(3)(B); (C) the court finds that further negotiations regarding the trustee’s proposal or an alternative proposal by the authorized representative are not likely to produce a mutually satisfactory agreement; (D) the court finds that implementation of the proposal shall not cause irreparable harm to the affected retirees; and (E) the court concludes that an order granting the motion and immediate implementation of the trustee’s proposal is essential to permit the debtor to exit bankruptcy, such that confirmation of a plan of reorganization is not likely to be followed by liquidation, or the need for further financial reorganization, of the debtor (or a successor to the debtor) in the short term. (3) If a trustee has implemented a program of incentive pay, bonuses, or other financial returns for insiders, senior executive officers, or the 20 next most highly compensated employees or consultants providing services to the debtor during the bankruptcy, or such a program was implemented within 180 days before the date of the filing of the petition, the court shall presume that the trustee has failed to satisfy the requirements of subparagraph (f)(3)(C). ; and (B) by striking “except that in no case” and inserting the following: (4) In no case ; and (5) by striking subsection (k) and redesignating subsections (l) and (m) as subsections (k) and (l), respectively. 203. Protection of employee benefits in a sale of assets Section 363(b) of title 11, United States Code, is amended by adding at the end the following: (3) In approving a sale under this subsection, the court shall consider the extent to which a bidder has offered to maintain existing jobs, preserve terms and conditions of employment, and assume or match pension and retiree health benefit obligations in determining whether an offer constitutes the highest or best offer for such property. . 204. Claim for pension losses Section 502 of title 11, United States Code, is amended by adding at the end the following: (l) The court shall allow a claim asserted by an active or retired participant, or by a labor organization representing such participants, in a defined benefit plan terminated under section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, for any shortfall in pension benefits accrued as of the effective date of the termination of such pension plan as a result of the termination of the plan and limitations upon the payment of benefits imposed pursuant to section 4022 of such Act, notwithstanding any claim asserted and collected by the Pension Benefit Guaranty Corporation with respect to such termination. (m) The court shall allow a claim of a kind described in section 101(5)(C) by an active or retired participant in a defined contribution plan (within the meaning of section 3(34) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1002(34) )), or by a labor organization representing such participants. The amount of such claim shall be measured by the market value of the stock at the time of contribution to, or purchase by, the plan and the value as of the commencement of the case. . 205. Payments by secured lender Section 506(c) of title 11, United States Code, is amended by adding at the end the following: If employees have not received wages, accrued vacation, severance, or other benefits owed under the policies and practices of the debtor, or pursuant to the terms of a collective bargaining agreement, for services rendered on and after the date of the commencement of the case, then such unpaid obligations shall be deemed necessary costs and expenses of preserving, or disposing of, property securing an allowed secured claim and shall be recovered even if the trustee has otherwise waived the provisions of this subsection under an agreement with the holder of the allowed secured claim or a successor or predecessor in interest. . 206. Preservation of jobs and benefits Title 11, United States Code, is amended— (1) by inserting before section 1101 the following: 1100. Statement of purpose A debtor commencing a case under this chapter shall have as its principal purpose the reorganization of its business to preserve going concern value to the maximum extent possible through the productive use of its assets and the preservation of jobs that will sustain productive economic activity. ; (2) in section 1129(a), as amended by section 104, by adding at the end the following: (18) The debtor has demonstrated that the reorganization preserves going concern value to the maximum extent possible through the productive use of the debtor’s assets and preserves jobs that sustain productive economic activity. ; (3) in section 1129(c), by striking the last sentence and inserting the following: “If the requirements of subsections (a) and (b) are met with respect to more than 1 plan, the court shall, in determining which plan to confirm— (1) consider the extent to which each plan would preserve going concern value through the productive use of the debtor’s assets and the preservation of jobs that sustain productive economic activity; and (2) confirm the plan that better serves such interests. A plan that incorporates the terms of a settlement with a labor organization representing employees of the debtor shall presumptively constitute the plan that satisfies this subsection. ; and (4) in the table of sections for chapter 11, by inserting the following before the item relating to section 1101: 1100. Statement of purpose. . 207. Termination of exclusivity Section 1121(d) of title 11, United States Code, is amended by adding at the end the following: (3) For purposes of this subsection, cause for reducing the 120-day period or the 180-day period includes the following: (A) The filing of a motion pursuant to section 1113 seeking rejection of a collective bargaining agreement if a plan based upon an alternative proposal by the labor organization is reasonably likely to be confirmed within a reasonable time. (B) The proposed filing of a plan by a proponent other than the debtor, which incorporates the terms of a settlement with a labor organization if such plan is reasonably likely to be confirmed within a reasonable time. . III Restricting Executive Compensation Programs 301. Executive compensation upon exit from bankruptcy Section 1129(a) of title 11, United States Code, is amended— (1) in paragraph (4), by adding at the end the following: “Except for compensation subject to review under paragraph (5), payments or other distributions under the plan to or for the benefit of insiders, senior executive officers, and any of the 20 next most highly compensated employees or consultants providing services to the debtor, shall not be approved except as part of a program of payments or distributions generally applicable to employees of the debtor, and only to the extent that the court determines that such payments are not excessive or disproportionate compared to distributions to the debtor’s nonmanagement workforce.”; and (2) in paragraph (5)— (A) in subparagraph (A)(ii), by striking and at the end; and (B) in subparagraph (B), by striking the period at the end and inserting the following: “; and (C) the compensation disclosed pursuant to subparagraph (B) has been approved by, or is subject to the approval of, the court as reasonable when compared to individuals holding comparable positions at comparable companies in the same industry and not disproportionate in light of economic concessions by the debtor’s nonmanagement workforce during the case. . 302. Limitations on executive compensation enhancements Section 503(c) of title 11, United States Code, is amended— (1) in paragraph (1)— (A) by inserting , a senior executive officer, or any of the 20 next most highly compensated employees or consultants after an insider ; (B) by inserting or for the payment of performance or incentive compensation, or a bonus of any kind, or other financial returns designed to replace or enhance incentive, stock, or other compensation in effect before the date of the commencement of the case, after remain with the debtor’s business, ; and (C) by inserting “clear and convincing” before “evidence in the record”; and (2) by amending paragraph (3) to read as follows: (3) other transfers or obligations, to or for the benefit of insiders, senior executive officers, managers, or consultants providing services to the debtor, in the absence of a finding by the court, based upon clear and convincing evidence, and without deference to the debtor’s request for such payments, that such transfers or obligations are essential to the survival of the debtor’s business or (in the case of a liquidation of some or all of the debtor’s assets) essential to the orderly liquidation and maximization of value of the assets of the debtor, in either case, because of the essential nature of the services provided, and then only to the extent that the court finds such transfers or obligations are reasonable compared to individuals holding comparable positions at comparable companies in the same industry and not disproportionate in light of economic concessions by the debtor’s nonmanagement workforce during the case. . 303. Assumption of executive benefit plans Section 365 of title 11, United States Code, is amended— (1) in subsection (a), by striking and (d) and inserting (d), (q), and (r) ; and (2) by adding at the end the following: (q) No deferred compensation arrangement for the benefit of insiders, senior executive officers, or any of the 20 next most highly compensated employees of the debtor shall be assumed if a defined benefit plan for employees of the debtor has been terminated pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, on or after the date of the commencement of the case or within 180 days before the date of the commencement of the case. (r) No plan, fund, program, or contract to provide retiree benefits for insiders, senior executive officers, or any of the 20 next most highly compensated employees of the debtor shall be assumed if the debtor has obtained relief under subsection (g) or (h) of section 1114 to impose reductions in retiree benefits or under subsection (d) or (e) of section 1113 to impose reductions in the health benefits of active employees of the debtor, or reduced or eliminated health benefits for active or retired employees within 180 days before the date of the commencement of the case. . 304. Recovery of executive compensation Title 11, United States Code, is amended by inserting after section 562 the following: 563. Recovery of executive compensation (a) If a debtor has obtained relief under subsection (d) of section 1113, or subsection (g) of section 1114, by which the debtor reduces the cost of its obligations under a collective bargaining agreement or a plan, fund, or program for retiree benefits as defined in section 1114(a), the court, in granting relief, shall determine the percentage diminution in the value of the obligations when compared to the debtor’s obligations under the collective bargaining agreement, or with respect to retiree benefits, as of the date of the commencement of the case under this title before granting such relief. In making its determination, the court shall include reductions in benefits, if any, as a result of the termination pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, of a defined benefit plan administered by the debtor, or for which the debtor is a contributing employer, effective at any time on or after 180 days before the date of the commencement of a case under this title. The court shall not take into account pension benefits paid or payable under such Act as a result of any such termination. (b) If a defined benefit pension plan administered by the debtor, or for which the debtor is a contributing employer, has been terminated pursuant to section 4041 or 4042 of the Employee Retirement Income Security Act of 1974, effective at any time on or after 180 days before the date of the commencement of a case under this title, but a debtor has not obtained relief under subsection (d) of section 1113, or subsection (g) of section 1114, then the court, upon motion of a party in interest, shall determine the percentage diminution in the value of benefit obligations when compared to the total benefit liabilities before such termination. The court shall not take into account pension benefits paid or payable under title IV of the Employee Retirement Income Security Act of 1974 as a result of any such termination. (c) Upon the determination of the percentage diminution in value under subsection (a) or (b), the estate shall have a claim for the return of the same percentage of the compensation paid, directly or indirectly (including any transfer to a self-settled trust or similar device, or to a nonqualified deferred compensation plan under section 409A(d)(1) of the Internal Revenue Code of 1986) to any officer of the debtor serving as member of the board of directors of the debtor within the year before the date of the commencement of the case, and any individual serving as chairman or lead director of the board of directors at the time of the granting of relief under section 1113 or 1114 or, if no such relief has been granted, the termination of the defined benefit plan. (d) The trustee or a committee appointed pursuant to section 1102 may commence an action to recover such claims, except that if neither the trustee nor such committee commences an action to recover such claim by the first date set for the hearing on the confirmation of plan under section 1129, any party in interest may apply to the court for authority to recover such claim for the benefit of the estate. The costs of recovery shall be borne by the estate. (e) The court shall not award postpetition compensation under section 503(c) or otherwise to any person subject to subsection (c) if there is a reasonable likelihood that such compensation is intended to reimburse or replace compensation recovered by the estate under this section. . 305. Preferential compensation transfer Section 547 of title 11, United States Code, is amended by adding at the end the following: (j) The trustee may avoid a transfer to or for the benefit of an insider (including an obligation incurred for the benefit of an insider under an employment contract) made in anticipation of bankruptcy, or a transfer made in anticipation of bankruptcy to a consultant who is formerly an insider and who is retained to provide services to an entity that becomes a debtor (including an obligation under a contract to provide services to such entity or to a debtor) made or incurred on or within 1 year before the filing of the petition. No provision of subsection (c) shall constitute a defense against the recovery of such transfer. The trustee or a committee appointed pursuant to section 1102 may commence an action to recover such transfer, except that, if neither the trustee nor such committee commences an action to recover such transfer by the time of the commencement of a hearing on the confirmation of a plan under section 1129, any party in interest may apply to the court for authority to recover the claims for the benefit of the estate. The costs of recovery shall be borne by the estate. . IV Other Provisions 401. Union proof of claim Section 501(a) of title 11, United States Code, is amended by inserting , including a labor organization, after A creditor . 402. Exception from automatic stay Section 362(b) of title 11, United States Code, is amended— (1) in paragraph (27), by striking and at the end; (2) in paragraph (28), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (29) of the commencement or continuation of a grievance, arbitration, or similar dispute resolution proceeding established by a collective bargaining agreement that was or could have been commenced against the debtor before the filing of a case under this title, or the payment or enforcement of an award or settlement under such proceeding. .

https://www.govinfo.gov/content/pkg/BILLS-113hr100ih/xml/BILLS-113hr100ih.xml

113-hr-101

I 113th CONGRESS 1st Session H. R. 101 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Conyers (for himself, Mr. Cohen , Mr. Nadler , Mr. McDermott , Mr. Scott of Virginia , Mr. Johnson of Georgia , and Ms. Jackson Lee ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes. 1. Short title This Act may be cited as the Home Foreclosure Reduction Act of 2013 . 2. Definition Section 101 of title 11, United States Code, is amended by inserting after paragraph (43) the following (and make such technical and conforming changes as may be appropriate): (43A) The term qualified loan modification means a loan modification agreement made in accordance with the guidelines of the Obama Administration’s Homeowner Affordability and Stability Plan as implemented March 4, 2009, that— (A) reduces the debtor’s payment (including principal and interest, and payments for real estate taxes, hazard insurance, mortgage insurance premium, homeowners' association dues, ground rent, and special assessments) on a loan secured by a senior security interest in the principal residence of the debtor, to a percentage of the debtor’s income in accordance with such guidelines, without any period of negative amortization or under which the aggregate amount of the regular periodic payments would not fully amortize the outstanding principal amount of such loan; (B) requires no fees or charges to be paid by the debtor in order to obtain such modification; and (C) permits the debtor to continue to make payments under the modification agreement notwithstanding the filing of a case under this title, as if such case had not been filed. . 3. Eligibility for relief Section 109 of title 11, United States Code, is amended— (1) by adding at the end of subsection (e) the following: For purposes of this subsection, the computation of debts shall not include the secured or unsecured portions of— (1) debts secured by the debtor’s principal residence if the value of such residence as of the date of the order for relief under chapter 13 is less than the applicable maximum amount of noncontingent, liquidated, secured debts specified in this subsection; or (2) debts secured or formerly secured by what was the debtor’s principal residence that was sold in foreclosure or that the debtor surrendered to the creditor if the value of such real property as of the date of the order for relief under chapter 13 was less than the applicable maximum amount of noncontingent, liquidated, secured debts specified in this subsection. , and (2) by adding at the end of subsection (h) the following: (5) Notwithstanding the 180-day period specified in paragraph (1), with respect to a debtor in a case under chapter 13 who submits to the court a certification that the debtor has received notice that the holder of a claim secured by the debtor's principal residence may commence a foreclosure on the debtor's principal residence, the requirements of paragraph (1) shall be considered to be satisfied if the debtor satisfies such requirements not later than the expiration of the 30-day period beginning on the date of the filing of the petition. . 4. Prohibiting claims arising from violations of the Truth in Lending Act Section 502(b) of title 11, United States Code, is amended— (1) in paragraph (8) by striking or at the end, (2) in paragraph (9) by striking the period at the end and inserting ; or , and (3) by adding at the end the following: (10) the claim for a loan secured by a security interest in the debtor’s principal residence is subject to a remedy for rescission under the Truth in Lending Act notwithstanding the prior entry of a foreclosure judgment, except that nothing in this paragraph shall be construed to modify, impair, or supersede any other right of the debtor. . 5. Authority to modify certain mortgages Section 1322 of title 11, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraph (11) as paragraph (12), (B) in paragraph (10) by striking and at the end, and (C) by inserting after paragraph (10) the following: (11) notwithstanding paragraph (2), with respect to a claim for a loan originated before the effective date of this paragraph and secured by a security interest in the debtor’s principal residence that is the subject of a notice that a foreclosure may be commenced with respect to such loan, modify the rights of the holder of such claim (and the rights of the holder of any claim secured by a subordinate security interest in such residence)— (A) by providing for payment of the amount of the allowed secured claim as determined under section 506(a)(1); (B) if any applicable rate of interest is adjustable under the terms of such loan by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan; (C) by modifying the terms and conditions of such loan— (i) to extend the repayment period for a period that is no longer than the longer of 40 years (reduced by the period for which such loan has been outstanding) or the remaining term of such loan, beginning on the date of the order for relief under this chapter; and (ii) to provide for the payment of interest accruing after the date of the order for relief under this chapter at a fixed annual rate equal to the currently applicable average prime offer rate as of the date of the order for relief under this chapter, corresponding to the repayment term determined under the preceding paragraph, as published by the Federal Financial Institutions Examination Council in its table entitled Average Prime Offer Rates—Fixed , plus a reasonable premium for risk; and (D) by providing for payments of such modified loan directly to the holder of the claim or, at the discretion of the court, through the trustee during the term of the plan; and , and (2) by adding at the end the following: (g) A claim may be reduced under subsection (b)(11)(A) only on the condition that if the debtor sells the principal residence securing such claim, before completing all payments under the plan (or, if applicable, before receiving a discharge under section 1328(b)) and receives net proceeds from the sale of such residence, then the debtor agrees to pay to such holder not later than 15 days after receiving such proceeds— (1) if such residence is sold in the 1st year occurring after the effective date of the plan, 90 percent of the amount of the difference between the sales price and the amount of such claim as originally determined under subsection (b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; (2) if such residence is sold in the 2d year occurring after the effective date of the plan, 70 percent of the amount of the difference between the sales price and the amount of such claim as originally determined under subsection (b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; (3) if such residence is sold in the 3d year occurring after the effective date of the plan, 50 percent of the amount of the difference between the sales price and the amount of such claim as originally determined under subsection (b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; (4) if such residence is sold in the 4th year occurring after the effective date of the plan, 30 percent of the amount of the difference between the sales price and the amount of such claim as originally determined under subsection (b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under such subsection; and (5) if such residence is sold in the 5th year occurring after the effective date of the plan, 10 percent of the amount of the difference between the sales price and the amount of such claim as originally determined under subsection (b)(11) (plus costs of sale and improvements), but not to exceed the unpaid amount of the allowed secured claim determined as if such claim had not been reduced under such subsection. (h) With respect to a claim of the kind described in subsection (b)(11), the plan may not contain a modification under the authority of subsection (b)(11)— (1) in a case commenced under this chapter after the expiration of the 30-day period beginning on the effective date of this subsection, unless— (A) the debtor certifies that the debtor— (i) not less than 30 days before the commencement of the case, contacted the holder of such claim (or the entity collecting payments on behalf of such holder) regarding modification of the loan that is the subject of such claim; (ii) provided the holder of the claim (or the entity collecting payments on behalf of such holder) a written statement of the debtor’s current income, expenses, and debt substantially conforming with the schedules required under section 521(a) or such other form as is promulgated by the Judicial Conference of the United States for such purpose; and (iii) considered any qualified loan modification offered to the debtor by the holder of the claim (or the entity collecting payments on behalf of such holder); or (B) a foreclosure sale is scheduled to occur on a date in the 30-day period beginning on the date of case is commenced; and (2) in any other case pending under this chapter, unless the debtor certifies that the debtor attempted to contact the holder of such claim (or the entity collecting payments on behalf of such holder) regarding modification of the loan that is the subject of such claim, before— (A) filing a plan under section 1321 that contains a modification under the authority of subsection (b)(11); or (B) modifying a plan under section 1323 or 1329 to contain a modification under the authority of subsection (b)(11). (i) In determining the holder’s allowed secured claim under section 506(a)(1) for purposes of subsection (b)(11)(A), the value of the debtor’s principal residence shall be the fair market value of such residence on the date such value is determined and, if the issue of value is contested, the court shall determine such value in accordance with the appraisal rules used by the Federal Housing Administration. . 6. Combating excessive fees Section 1322(c) of title 11, United States Code, is amended— (1) in paragraph (1) by striking and at the end, (2) in paragraph (2) by striking the period at the end and inserting a semicolon, and (3) by adding at the end the following: (3) the debtor, the debtor’s property, and property of the estate are not liable for a fee, cost, or charge that is incurred while the case is pending and arises from a debt that is secured by the debtor’s principal residence except to the extent that— (A) the holder of the claim for such debt files with the court and serves on the trustee, the debtor, and the debtor’s attorney (annually or, in order to permit filing consistent with clause (ii), at such more frequent periodicity as the court determines necessary) notice of such fee, cost, or charge before the earlier of— (i) 1 year after such fee, cost, or charge is incurred; or (ii) 60 days before the closing of the case; and (B) such fee, cost, or charge— (i) is lawful under applicable nonbankruptcy law, reasonable, and provided for in the applicable security agreement; and (ii) is secured by property the value of which is greater than the amount of such claim, including such fee, cost, or charge; (4) the failure of a party to give notice described in paragraph (3) shall be deemed a waiver of any claim for fees, costs, or charges described in paragraph (3) for all purposes, and any attempt to collect such fees, costs, or charges shall constitute a violation of section 524(a)(2) or, if the violation occurs before the date of discharge, of section 362(a); and (5) a plan may provide for the waiver of any prepayment penalty on a claim secured by the debtor’s principal residence. . 7. Confirmation of plan (a) Section 1325(a) of title 11, United States Code, is amended— (1) in the matter preceding paragraph (1) strike subsection (b) and insert subsections (b) and (d) , (2) in paragraph (5)— (A) by inserting except as otherwise provided in section 1322(b)(11), after (5) , and (B) in subparagraph (B)(iii)(I) by inserting (including payments of a claim modified under section 1322(b)(11)) after payments the first place it appears, (3) in paragraph (8) by striking and at the end, (4) in paragraph (9) by striking the period at the end and inserting a semicolon, and (5) by inserting after paragraph (9) the following: (10) notwithstanding subclause (I) of paragraph (5)(B)(i), whenever the plan modifies a claim in accordance with section 1322(b)(11), the holder of a claim whose rights are modified pursuant to section 1322(b)(11) shall retain the lien until the later of— (A) the payment of such holder’s allowed secured claim; or (B) completion of all payments under the plan (or, if applicable, receipt of a discharge under section 1328(b)); and (11) whenever the plan modifies a claim in accordance with section 1322(b)(11), the court finds that such modification is in good faith (Lack of good faith exists if the debtor has no need for relief under this paragraph because the debtor can pay all of his or her debts and any future payment increases on such debts without difficulty for the foreseeable future, including the positive amortization of mortgage debt. In determining whether a reduction of the principal amount of the loan resulting from a modification made under the authority of section 1322(b)(11) is made in good faith, the court shall consider whether the holder of such claim (or the entity collecting payments on behalf of such holder) has offered to the debtor a qualified loan modification that would enable the debtor to pay such debts and such loan without reducing such principal amount.) and does not find that the debtor has been convicted of obtaining by actual fraud the extension, renewal, or refinancing of credit that gives rise to a modified claim. . (b) Section 1325 of title 11, United States Code, is amended by adding at the end the following (and make such technical and conforming changes as may be appropriate): (d) Notwithstanding section 1322(b)(11)(C)(ii), the court, on request of the debtor or the holder of a claim secured by a senior security interest in the debtor’s principal residence, may confirm a plan proposing a reduction in the interest rate on the loan secured by such security interest and that does not reduce the principal, provided the total monthly mortgage payment is reduced to a percentage of the debtor's income in accordance with the guidelines of the Obama Administration’s Homeowner Affordability and Stability Plan as implemented March 4, 2009, if, taking into account the debtor's financial situation, after allowance of expenses that would be permitted for a debtor under this chapter subject to paragraph (3) of subsection (b), regardless of whether the debtor is otherwise subject to such paragraph, and taking into account additional debts and fees that are to be paid in this chapter and thereafter, the debtor would be able to prevent foreclosure and pay a fully amortizing 30-year loan at such reduced interest rate without such reduction in principal. . 8. Discharge Section 1328(a) of title 11, United States Code, is amended— (1) by inserting (other than payments to holders of claims whose rights are modified under section 1322(b)(11)) after paid , and (2) in paragraph (1) by inserting or, to the extent of the unpaid portion of an allowed secured claim, provided for in section 1322(b)(11) after 1322(b)(5) . 9. Standing trustee fees (a) Amendment to title 28 Section 586(e)(1)(B)(i) of title 28, United States Code, is amended— (1) by inserting (I) except as provided in subparagraph (II) after (i) , (2) by striking or at the end and inserting and , and (3) by adding at the end the following: (II) 4 percent with respect to payments received under section 1322(b)(11) of title 11 by the individual as a result of the operation of section 1322(b)(11)(D) of title 11, unless the bankruptcy court waives all fees with respect to such payments based on a determination that such individual has income less than 150 percent of the income official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) applicable to a family of the size involved and payment of such fees would render the debtor’s plan infeasible. . (b) Conforming provision The amendments made by this section shall apply to any trustee to whom the provisions of section 302(d)(3) of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 ( Public Law 99–554 ; 100 Stat. 3121) apply. 10. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this subtitle and the amendments made by this subtitle shall take effect on the date of the enactment of this Act. (b) Application of amendments (1) In general Except as provided in paragraph (2), the amendments made by this subtitle shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act. (2) Limitation Paragraph (1) shall not apply with respect to cases closed under title 11 of the United States Code as of the date of the enactment of this Act that are neither pending on appeal in, nor appealable to, any court of the United States. 11. GAO study The Comptroller General shall carry out a study, and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, not later than 2 years after the date of the enactment of this Act a report containing— (1) the results of such study of— (A) the number of debtors who filed, during the 1-year period beginning on the date of the enactment of this Act, cases under chapter 13 of title 11 of the United States Code for the purpose of restructuring their principal residence mortgages, (B) the number of mortgages restructured under the amendments made by this subtitle that subsequently resulted in default and foreclosure, (C) a comparison between the effectiveness of mortgages restructured under programs outside of bankruptcy, such as Hope Now and Help for Homeowners, and mortgages restructured under the amendments made by this subtitle, (D) the number of cases presented to the bankruptcy courts where mortgages were restructured under the amendments made by this subtitle that were appealed, (E) the number of cases presented to the bankruptcy courts where mortgages were restructured under the amendments made by the subtitle that were overturned on appeal, and (F) the number of bankruptcy judges disciplined as a result of actions taken to restructure mortgages under the amendments made by this subtitle, and (2) a recommendation as to whether such amendments should be amended to include a sunset clause. 12. Report to Congress Not later than 18 months after the date of the enactment of this Act, the Comptroller General, in consultation with the Federal Housing Administration, shall submit to the Congress, a report containing— (1) a comprehensive review of the effects of the amendments made by this subtitle on bankruptcy court, (2) a survey of whether the program should limit the types of homeowners eligible for the program, and (3) a recommendation on whether such amendments should remain in effect.

https://www.govinfo.gov/content/pkg/BILLS-113hr101ih/xml/BILLS-113hr101ih.xml

113-hr-102

I 113th CONGRESS 1st Session H. R. 102 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Conyers (for himself and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend part E of title IV of the Social Security Act to require States to follow certain procedures in placing a child who has been removed from the custody of his or her parents. 1. Short title This Act may be cited as the Rehab and Ahmed Amer Foster Care Improvement Act of 2013 . 2. Requirement that States follow certain procedures in placing a child removed from the custody of his or her parents (a) In general Section 471(a)(29) of the Social Security Act ( 42 U.S.C. 671(a)(29) ) is amended to read as follows: (29) provides that— (A) within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to all adult grandparents and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence, that— (i) specifies that the child has been or is being removed from the custody of the parent or parents of the child; (ii) explains the options the relative has under Federal, State, and local law to participate in the care and placement of the child, including any options that may be lost by failing to respond to the notice; (iii) describes the requirements under paragraph (10) of this subsection to become a foster family home and the additional services and supports that are available for children placed in such a home; and (iv) if the State has elected the option to make kinship guardianship assistance payments under paragraph (28) of this subsection, describes how the relative guardian of the child may subsequently enter into an agreement with the State under section 473(d) to receive the payments; (B) within 90 days after the State makes a placement decision with respect to the child, the State shall provide notice of the decision and the reasons therefor to each parent of the child, each relative who has expressed to the State an interest in caring for the child, the guardian, and the guardian ad litem for the child, the attorney for the child, the attorney for each parent of the child, the child (if the child is able to express an opinion regarding placement), and the prosecutor involved; and (C) the State shall establish procedures to— (i) allow a person who receives a notice pursuant to subparagraph (B) to request, in writing, within 5 days after receipt of the notice, documentation of the reasons for the decision involved; (ii) allow the attorney for the child to petition the court involved to review the decision; and (iii) require the court to— (I) commence such a review within 7 days after receipt of a petition made pursuant to clause (ii); and (II) conduct such a review on the record; . (b) Effective date (1) In general The amendment made by subsection (a) shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date. (2) Delay permitted if state legislation required If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan approved under part E of title IV of the Social Security Act to meet the additional requirements imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the 1st day of the 1st calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

https://www.govinfo.gov/content/pkg/BILLS-113hr102ih/xml/BILLS-113hr102ih.xml

113-hr-103

I 113th CONGRESS 1st Session H. R. 103 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to provide authority to increase the debt limit when an Act of Congress provides budget authority or reduces revenues, and for other purposes. 1. Short title This Act may be cited as the Ending Fiscal Cliffs Act of 2013 . 2. Findings The Congress finds that— (1) Congress has been granted exclusive authority for the collecting and appropriating of revenue in Article I of the Constitution. (2) Any increase in the public debt limit is necessary in response to obligations and reduced revenue authorized by Congress. (3) Stability and predictability in the full faith and credit of the United States are critical to economic security. (4) World markets are sensitive to the fiscal affairs of the United States given its role as a global leader and its status as the wealthiest nation. 3. Change in public debt limit when Act of Congress provides budget authority or reduces revenues Subsection (b) of section 3101 of title 31, United States Code, is amended— (1) by striking The face amount and inserting (1) The face amount ; (2) by inserting (increased or decreased, as necessary, by the applicable amount) after $14,294,000,000,000 ; and (3) by adding at the end the following: (2) (A) For purposes of paragraph (1), the Secretary of the Treasury shall determine the applicable amount after the enactment of any Act of Congress that provides budget authority (as defined in section 3(2) of the Congressional Budget Act of 1974 ( 2 U.S.C. 622(2) )) or reduces revenues and shall publish such amount in the Federal Register. (B) For purposes of subparagraph (B), the term applicable amount means the amount determined by the Secretary of the Treasury to be required to meet existing commitments. .

https://www.govinfo.gov/content/pkg/BILLS-113hr103ih/xml/BILLS-113hr103ih.xml

113-hr-104

I 113th CONGRESS 1st Session H. R. 104 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Garrett introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To recognize Jerusalem as the capital of Israel, to relocate to Jerusalem the United States Embassy in Israel, and for other purposes. 1. Short title This Act may be cited as the Jerusalem Embassy and Recognition Act of 2013 . 2. Recognition of Jerusalem as the capital of Israel and relocation of the United States Embassy to Jerusalem (a) Policy It is the policy of the United States to recognize Jerusalem as the undivided capital of the State of Israel, both de jure and de facto. (b) Sense of Congress It is the sense of Congress that— (1) Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected as they have been by Israel since 1967; (2) every citizen of Israel should have the right to reside anywhere in the undivided city of Jerusalem; (3) the President and the Secretary of State should publicly affirm as a matter of United States policy that Jerusalem must remain the undivided capital of the State of Israel; (4) the President should immediately implement the provisions of the Jerusalem Embassy Act of 1995 ( Public Law 104–5 ) and begin the process of relocating the United States Embassy in Israel to Jerusalem; and (5) United States officials should refrain from any actions that contradict United States law on this subject. (c) Removal of waiver authority The Jerusalem Embassy Act of 1995 (Public Law 104–45) is amended— (1) by striking section 7; and (2) by redesignating section 8 as section 7. (d) Identification of Jerusalem on Government documents Notwithstanding any other provision of law, any official document of the United States Government which lists countries and their capital cities shall identify Jerusalem as the capital of Israel. (e) Timetable (1) Statement of policy It is the policy of the United States that the United States Embassy in Israel should be established in Jerusalem as soon as possible, but not later than January 1, 2015. (2) Opening determination Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 2013 for Acquisition and Maintenance of Buildings Abroad may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened. (f) Fiscal years 2013 and 2014 funding (1) Fiscal year 2013 Of the funds authorized to be appropriated for Acquisition and Maintenance of Buildings Abroad for the Department of State for fiscal year 2013, such sums as may be necessary should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem. (2) Fiscal year 2014 Of the funds authorized to be appropriated for Acquisition and Maintenance of Buildings Abroad for the Department of State for fiscal year 2014, such sums as may be necessary should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem. (g) Definition In this section, the term United States Embassy means the offices of the United States diplomatic mission and the residence of the United States chief of mission.

https://www.govinfo.gov/content/pkg/BILLS-113hr104ih/xml/BILLS-113hr104ih.xml

113-hr-105

I 113th CONGRESS 1st Session H. R. 105 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Garrett introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to repeal the mandate that individuals purchase health insurance. 1. Short title This Act may be cited as the Reclaiming Individual Liberty Act . 2. Repeal of individual health insurance mandate Section 5000A of the Internal Revenue Code of 1986, as added by the Patient Protection and Affordable Care Act, is amended by adding at the end the following new subsection: (h) Termination This section shall not apply with respect to any month beginning after the date of the enactment of this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr105ih/xml/BILLS-113hr105ih.xml

113-hr-106

I 113th CONGRESS 1st Session H. R. 106 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Gingrey of Georgia (for himself, Ms. Tsongas , Mr. Westmoreland , Mr. Posey , Mr. Conaway , Mr. Webster of Florida , Mr. Nugent , Mrs. Black , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on House Administration A BILL To require any amounts remaining in a Member’s Representational Allowance at the end of a fiscal year to be deposited in the Treasury and used for deficit reduction or to reduce the Federal debt. 1. Short title This Act may be cited as the Congressional Budget Accountability Act . 2. Requiring amounts remaining in members’ representational allowances to be used for deficit reduction or to reduce the federal debt (a) In General Notwithstanding any other provision of law, any amounts appropriated for Members’ Representational Allowances for the House of Representatives for a fiscal year which remain after all payments are made under such Allowances for the year shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). (b) Regulations The Committee on House Administration shall promulgate such regulations as may be necessary to carry out this section. (c) Effective Date This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr106ih/xml/BILLS-113hr106ih.xml

113-hr-107

I 113th CONGRESS 1st Session H. R. 107 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Gingrey of Georgia (for himself, Mr. Sam Johnson of Texas , Mr. Jones , Mr. Ross , Mr. Huelskamp , Mr. King of Iowa , Mr. Rokita , Mr. Pearce , Mr. Kingston , Mr. Roe of Tennessee , Mr. Broun of Georgia , Mr. Carter , Mr. Duncan of Tennessee , and Mr. Chaffetz ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to limit the circumstances in which official time may be used by a Federal employee. 1. Short title This Act may be cited as the Federal Employee Accountability Act of 2013 . 2. Repeal of certain provisions relating to official time Section 7131 of title 5, United States Code, is amended— (1) by striking subsections (a) and (c); (2) by redesignating subsections (b) and (d) as subsections (a) and (b), respectively; and (3) in subsection (b) (as so redesignated by paragraph (2)), by striking Except as provided in the preceding subsections of this section— and inserting Except as provided in subsection (a)— .

https://www.govinfo.gov/content/pkg/BILLS-113hr107ih/xml/BILLS-113hr107ih.xml

113-hr-108

I 113th CONGRESS 1st Session H. R. 108 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Gingrey of Georgia 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 provide that rates of pay for Members of Congress shall not be adjusted under section 601(a)(2) of the Legislative Reorganization Act of 1946 in the year following any fiscal year in which outlays of the United States exceed receipts of the United States. 1. Short title This Act may be cited as the Member Pay Freeze Act . 2. Amendments to the Legislative Reorganization Act of 1946 (a) In general Section 601(a)(2) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ) is amended by adding at the end the following: (C) An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office. . (b) Technical amendment Section 601(a)(2)(A) of such Act is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C), . 3. Effective date The amendments made by this Act shall apply with respect to any adjustment which, but for this Act, would otherwise become effective on or after January 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr108ih/xml/BILLS-113hr108ih.xml

113-hr-109

I 113th CONGRESS 1st Session H. R. 109 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Gingrey of Georgia (for himself, Mr. Westmoreland , Mr. Posey , Mr. Duncan of South Carolina , Mr. Wittman , and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require Congress to specify the source of authority under the United States Constitution for the enactment of laws, and for other purposes. 1. Short title This Act may be cited as the Enumerated Powers Act . 2. Specification of constitutional authority for enactment of law (a) Constitutional authority for this Act This Act is enacted pursuant to the power granted Congress under article I, section 8, clause 18, of the United States Constitution and the power granted to each House of Congress under article I, section 5, clause 2, of the United States Constitution. (b) Constitutional authority statement required Chapter 2 of title 1, United States Code, is amended by inserting after section 102 the following new section: 102a. Constitutional authority clause (a) Each Act of Congress shall contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. The failure to comply with this section shall give rise to a point of order in either House of Congress. The availability of this point of order does not affect any other available relief. (b) The provisions of this section are enacted by the Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. . (c) Clerical amendment The table of sections at the beginning of chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 102 the following new item: 102a. Constitutional authority clause. .

https://www.govinfo.gov/content/pkg/BILLS-113hr109ih/xml/BILLS-113hr109ih.xml

113-hr-110

I 113th CONGRESS 1st Session H. R. 110 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of the Army to determine the validity of the claims of certain Filipinos that they performed military service on behalf of the United States during World War II. 1. Determinations by the Secretary of the Army (a) In general Upon the written application of any person who is a national of the Philippine Islands, the Secretary of the Army shall determine whether such person performed any military service in the Philippine Islands in aid of the Armed Forces of the United States during World War II which qualifies such person to receive any military, veterans', or other benefits under the laws of the United States. (b) Information To be considered In making a determination for the purpose of subsection (a), the Secretary shall consider all information and evidence (relating to service referred to in subsection (a)) that is available to the Secretary, including information and evidence submitted by the applicant, if any. 2. Certificate of service (a) Issuance of certificate of service The Secretary of the Army shall issue a certificate of service to each person determined by the Secretary to have performed military service described in section 1(a). (b) Effect of certificate of service A certificate of service issued to any person under subsection (a) shall, for the purpose of any law of the United States, conclusively establish the period, nature, and character of the military service described in the certificate. 3. Applications by survivors An application submitted by a surviving spouse, child, or parent of a deceased person described in section 1(a) shall be treated as an application submitted by such person. 4. Limitation period The Secretary of the Army may not consider for the purpose of this Act any application received by the Secretary more than two years after the date of the enactment of this Act. 5. Prospective application of determinations by the Secretary of the Army No benefits shall accrue to any person for any period before the date of the enactment of this Act as a result of the enactment of this Act. 6. Regulations The Secretary of the Army shall prescribe regulations to carry out sections 1, 3, and 4. 7. Responsibilities of the Secretary of Veterans Affairs Any entitlement of a person to receive veterans' benefits by reason of this Act shall be administered by the Department of Veterans Affairs pursuant to regulations prescribed by the Secretary of Veterans Affairs. 8. Definition In this Act, the term World War II means the period beginning on December 7, 1941, and ending on December 31, 1946.

https://www.govinfo.gov/content/pkg/BILLS-113hr110ih/xml/BILLS-113hr110ih.xml

113-hr-111

I 113th CONGRESS 1st Session H. R. 111 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Hanabusa introduced the following bill; which was referred to the Committee on Financial Services , 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 award a Congressional gold medal, collectively, to the Filipino Veterans of World War II, in recognition of their dedicated service during World War II. 1. Short title This Act may be cited as the Filipino Veterans of World War II Congressional Gold Medal Act . 2. Findings Congress makes the following findings: (1) President Franklin Delano Roosevelt issued an order commissioning around 250,000 troops from the Philippines into active service for the United States during World War II. (2) The United States War Department immediately formed the United States Armed Forces in the Far East (USAFFE). The unit was made up of the United States-Philippine Military Forces of the Commonwealth Army, Guerrilla Units, New Philippine Scout. (3) The Filipino Infantry Regiment, was mostly composed of first-generation immigrants living along the Pacific Coast, who volunteered after the Japanese attack on Pearl Harbor in 1941, later many second-generation Filipino-American soldiers joined the Regiment from Hawaii. (4) The Philippine Scout units and the New Philippine Scouts were directly recruited by the United States Army for the war effort. (5) Under extremely severe occupation policies imposed by the Japanese, it was the anti-Japanese resistance movement that drew more and more Filipinos to its side and through 1943 many of these anti-Japanese guerrillas recovered or newly established liaisons with the United States Army Command of the Southwest Pacific Area and placed themselves under the command of General Douglas MacArthur. (6) These Filipino soldiers responded to President Roosevelt’s call-to-arms and later fought under the American flag during World War II. (7) After the Japanese invasion in December 1941, Filipino and American troops literally shared the same fate at Bataan, Corregidor, and the Death March . (8) Many made the ultimate sacrifice as both soldiers in the United States Armed Forces in the Far East and as guerilla fighters during the Imperial Japanese occupation of the Philippines. (9) These troops had served under the expectation that they would be treated as United States military servicemembers. (10) The Rescission Act of 1946 later passed, which stated that Filipino forces would not be deemed to have been active military. (11) Congress recognizes the courage and bravery of the Filipino and Filipino American servicemen and servicewomen who have fought alongside and in the United States Armed Forces. (12) The United States remains forever indebted to the bravery, valor, and dedication to country these men displayed. (13) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. 3. Congressional Gold Medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the Filipino Veterans of World War II, collectively in recognition of their dedicated service during World War II. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal in honor of the Filipino Veterans of World War II under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the Filipino Veterans of World War II. 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authorization of appropriations; proceeds of sale (a) Authorization of appropriations There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 3. (b) Proceeds of the sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. 7. Definition For purposes of this Act, the term Filipino Veterans of World War II shall apply to anyone who served honorably— (1) in an active-duty status under the command of the United States Armed Forces in the Far East; or (2) within the Philippine Army, the Philippine Scouts, or recognized guerrilla units, at any time during the period beginning September 1, 1939, and ending December 31, 1946.

https://www.govinfo.gov/content/pkg/BILLS-113hr111ih/xml/BILLS-113hr111ih.xml

113-hr-112

I 113th CONGRESS 1st Session H. R. 112 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To enable States to implement integrated statewide education longitudinal data systems. 1. Short title This Act may be cited as the Measuring and Evaluating Trends for Reliability, Integrity, and Continued Success (METRICS) Act of 2013 or the METRICS Act . 2. Definitions In this Act: (1) ESEA Definitions The terms elementary school , local educational agency , secondary school , Secretary , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Aligned statewide education longitudinal data systems The term aligned statewide education longitudinal data systems means one or more statewide data systems that house and link the longitudinal data of individual students, including such students' early childhood, elementary school, secondary school, postsecondary education, and workforce data. (3) Eligible Local Entity The term eligible local entity means— (A) a high-need local educational agency; (B) a consortium of high-need local educational agencies; or (C) a high-need local educational agency or a consortium of high-need local educational agencies and an external partner. (4) Eligible State entity The term eligible State entity means a State educational agency, which may partner with another public State agency, such as a State higher education agency, an early childhood agency, a State workforce agency, or a multi-agency State group (such as a preschool through grade 20 (P–20) council). (5) External partner The term external partner means an entity, such as a nonprofit organization, community-based organization, local education fund, service organization, educational service agency, or institution of postsecondary education, that has demonstrated expertise and effectiveness in providing targeted support (such as data analysis, professional development, or the provision of non-academic support and integrated student services) to local educational agencies, schools, or students that leads to improved teaching, learning, and outcomes for students, including students who are failing to make sufficient progress to graduate in the standard number of years or students who have dropped out of secondary school. (6) High-Need local educational agency The term high-need local educational agency means a local educational agency— (A) that serves not less than 10,000 children who are from families with incomes below the poverty line; or (B) for which not less than 20 percent of the children served by such agency are from families with incomes below the poverty line. (7) Poverty Line The term poverty line means the poverty line (as defined and revised annually in accordance with section 673(2) of the Community Services Block Grant Act) applicable to a family of the size involved. 3. Improving the use of statewide longitudinal data systems (a) Grants authorized From the funds appropriated under section 8 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible State entities to enable such eligible State entities to improve access to, sharing of, and use of education data to improve student outcomes. (b) Duration Each grant awarded under this section shall be for a period of not more than 5 years. (c) Applications (1) Contents of Application Each eligible State entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include the following: (A) A list of State agencies whose cooperation will be necessary for the implementation of the grant program, and an assurance of support from— (i) each such agency; (ii) the chief State school officer; (iii) the Governor of the State; and (iv) any other entity that will comprise the eligible State entity. (B) A description of the State's status relating to each priority activity described in subsection (e)(2), including— (i) a demonstration that the State has implemented the priority activity; (ii) a demonstration that the State has, at the time of the application, received funding from another source and made plans for the implementation of the priority activity; or (iii) a statement that the State has not, at the time of the application, implemented, or received funds to implement, the priority activity. (C) For each priority activity whose status is categorized under subparagraph (B)(iii), a description of how the eligible State entity plans to use grant funds under this section to carry out such activity. (D) A description of how the eligible State entity plans to use grant funds to carry out the permissible activities described in subsection (e)(3), if the eligible State entity— (i) categorizes the status of many of the priority activities described in subsection (e)(2) under clause (i) or (ii) of subparagraph (B); and (ii) anticipates the possibility of having remaining grant funds after ensuring implementation of each priority activity described under subsection (e)(2). (E) A description of how activities funded under the grant program will— (i) support the State's policy and reform goals; (ii) support alignment between State and local data systems; and (iii) support coordination with, or alignment or advancement of, related activities that are funded through other Federal programs, including such programs under section 208 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9607 ), the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), the Race to the Top fund under section 14006 of such Act, including the Race to the Top Early Learning Challenge fund under sections 14005, 14006, and 14013 of such Act (as amended by, and subject to the requirements of, section 1832 of the Full-Year Continuing Appropriations Act, 2011 ( Public Law 112–10 )), and the Workforce Data Quality Initiative under section 171(c)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916(c)(2) ). (F) A budget that details how grant funds and other funding resources, including State and Federal funding, will be used to carry out the proposed activities. (G) An assurance of the State’s long-term financial commitment to— (i) implementing and supporting aligned statewide education longitudinal data systems; and (ii) maintaining such systems after the end of the grant program. (H) A description of the indicators that the eligible State entity will use to determine— (i) if grant funds are being used effectively; and (ii) the impact of grant funds on improving teaching, learning, and student outcomes. (I) Any other information that the Secretary may reasonably require. (2) Form of Application In establishing the application described under this subsection, the Secretary shall, where practicable, require each eligible State entity to provide a demonstration of the capabilities of any system that the eligible State entity is, at the time of the application, using to track data, in lieu of a description of such capabilities. (d) Awarding of grants (1) In General In awarding grants under this section, the Secretary shall— (A) use a peer review process, as described in paragraph (2); (B) select applications that demonstrate technical quality, validity, and reliability; (C) promote multi-state collaboration; and (D) ensure that applications protect student and educator privacy, including through compliance with the requirements of Federal, State, and local privacy laws (including section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) (20 U.S.C. 1232g)). (2) Peer Review Process The Secretary shall award grants under this section through a peer review process that, to the extent practicable, includes— (A) educators; (B) users and consumers of statewide longitudinal data systems, including representatives of State educational agencies; (C) individuals with demonstrated technical expertise in data system construction, integration, or implementation; and (D) representatives of business and the workforce. (3) Competitive priorities In awarding grants under this section, the Secretary may give priority to eligible State entities that— (A) propose to coordinate efforts with other State educational agencies; (B) propose to coordinate efforts with local educational agencies; and (C) fulfill other criteria relating to the purposes of this section, as determined by the Secretary. (e) Uses of funds (1) In General (A) Requirement relating to priority activities Each eligible State entity shall use grant funds to carry out the priority activities described in paragraph (2), before such entity may use any remaining funds to carry out the permissible activities described in paragraph (3). (B) Exception An eligible State entity is deemed to satisfy the requirements of paragraph (1) if such entity demonstrates that the State has funding for, and has in place, or has developed and is implementing a plan that will result in the existence of, aligned statewide education longitudinal data systems and related activities that meet the requirements of paragraph (2). (2) Priority activities An eligible State entity receiving a grant under this section shall use grant funds to carry out the following activities: (A) Implementing aligned statewide education longitudinal data systems that include the following: (i) With respect to preschool through grade 12 education and postsecondary education— (I) a unique statewide student identifier that does not permit a student to be individually identified by users of the system; (II) student-level enrollment, demographic, and program participation information; (III) student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete P–16 education programs; (IV) the capacity to communicate with higher education data systems; and (V) a State data audit system assessing data quality, validity, and reliability. (ii) With respect to preschool through grade 12 education— (I) yearly test records of individual students with respect to State assessments under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)); (II) information on students not tested by grade and subject; (III) a teacher identifier system with the ability to match teachers to students; (IV) student-level transcript information, including information on courses completed and grades earned; and (V) student-level college readiness test scores. (iii) With respect to postsecondary education, data that provide— (I) information regarding the extent to which students transition successfully from secondary school to postsecondary education, including whether students enroll in remedial coursework; and (II) other information determined necessary to address alignment and adequate preparation for success in postsecondary education. (B) Establishing inter- and intra-agency governance strategies that define policies and procedures for the collection, access, and use of education data. (C) Establishing and implementing comprehensive policies and procedures to protect the privacy, security, and confidentiality of student and educator data, including— (i) justifying that data being collected, stored, and shared are necessary, useful, accurate, and valid; (ii) limiting access to personally identifiable information to necessary and appropriate individuals; (iii) protecting shared data from inappropriate use; (iv) implementing a data security framework (including regular and comprehensive training and professional development) for the use, dissemination, storage, and maintenance of data; (v) providing parental and public notice about data collection, information about data policies, and information relating to the accessibility and use of data; (vi) ensuring compliance with the requirements of Federal, State and local privacy laws, including section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) (20 U.S.C. 1232g); and (vii) aligning data policies and procedures with best practices for data stewardship, including best practices identified by the Secretary. (D) Establishing the capacity to link education data with workforce data. (E) Enabling the matching of the teacher identifier described in subparagraph (A)(ii)(III) with information about certification or licensure and teacher preparation programs, including the development of linkages with pre-service programs that enable the matching of teacher certification and preparation programs to— (i) the postsecondary institutions at which teachers received their training; (ii) job placement; (iii) retention rates; and (iv) teacher impact on student academic achievement. (F) Enabling standardization of education data through the use of openly developed common education data standards. (G) Providing the State with the ability to meet Federal reporting requirements, including reporting requirements under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ), and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (3) Permissible activities An eligible State entity receiving a grant under this section may use remaining grant funds, after ensuring the implementation of the priority activities described in paragraph (2), to carry out activities that— (A) expand the ability of aligned statewide education longitudinal data systems to align data that covers the time a student enters preschool through the time that such student graduates from secondary school or an institution of postsecondary education, and enters and spends time in the workforce; (B) improve opportunities to access, analyze, communicate about, and use data from aligned statewide education longitudinal data systems; or (C) build the capacity of teachers, school leaders, parents, students, researchers, external partners, and the public to use longitudinal data for effective decisionmaking. (f) Supplement not supplant Funds made available under this section shall be used to supplement, and not supplant, other State or local funds used for developing integrated statewide education longitudinal data systems linking early childhood, elementary school, secondary school, postsecondary, or workforce data. 4. Improving local use of data to improve student outcomes (a) Grants authorized From the funds appropriated under section 8 for a fiscal year, the Secretary shall award grants, on a competitive basis, to eligible local entities to enable educators to improve access to, sharing of, and use of education data to improve student outcomes. (b) Duration Each grant awarded under this section shall be for a period of not more than 5 years. (c) Applications Each eligible local entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. Such application shall include the following: (1) A memorandum of understanding between the State educational agency and the eligible local entity, which shall include— (A) a description of the State educational agency’s level of participation in the grant; (B) an assurance that the State educational agency agrees to— (i) provide the eligible local entity with— (I) appropriate access to student data from State data systems; and (II) cooperation in efforts to align local educational agency data with data from State data systems; and (ii) provide training to the eligible local entity to address the use of data collection software, privacy policies, Federal, State, and local privacy laws (including section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g )), data integrity issues, reporting, planning, and processes; (C) a description of the State educational agency's strategy for the dissemination of information about the successes and challenges of the grant activities under this section; and (D) a description of how the State will fund the activities described in subparagraph (B), including information about any grant funds that the eligible local entity will give to the State educational agency to carry out the activities described in such subparagraph. (2) A description of how the local educational agencies that are part of the eligible local entity, and any educators working for such agencies, submit data to, access, and use existing statewide education longitudinal data systems, at the time of the application. (3) A description of the data systems used by the eligible local entity at the time of the application. (4) A description of how activities funded under the grant will improve local access to, and use of, data that is, at the time of the application, provided by data systems at the local and State level. (5) A description of how the eligible local entity will use funds received under this section to carry out the proposed activities in order to improve teaching, learning, and student outcomes. (6) A mechanism for soliciting the feedback of educators, school leaders, parents, and external partners in developing, revising, and implementing plans and activities under this section. (7) A description of how the eligible local entity will align the use of funds under this section with the technology plan of each local educational agency served under the grant. (8) A description of the indicators that the eligible local entity will use to determine— (A) if grant funds are being used effectively; and (B) the impact of grant funds on improving teaching, learning, and student outcomes. (9) Such other information as the Secretary may reasonably require. (d) Awarding of Grants (1) In general In awarding grants under this section, the Secretary shall— (A) use a peer review process, as described in paragraph (2); (B) select applications that demonstrate technical quality, validity, and reliability; and (C) protect student and educator privacy, consistent with the requirements of Federal, State, and local privacy laws (including section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g )). (2) Peer Review Process In awarding grants under this section, the Secretary shall, to the extent practicable, use a peer review process that— (A) ensures technical quality, validity, and reliability; (B) ensures that applications protect student and educator privacy, consistent with the requirements of Federal, State, and local privacy laws (including section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) ( 20 U.S.C. 1232g )); and (C) includes— (i) educators; (ii) users and consumers of a local educational data systems; (iii) individuals with demonstrated technical expertise in data system construction, integration, or implementation; and (iv) representatives of business and the workforce. (3) Considerations In awarding grants under this section, the Secretary shall ensure, to the greatest extent possible, that grants are awarded to eligible local entities that are diverse in terms of geography, size, and location within an urban, rural, or suburban area. (e) Uses of Funds (1) Required Uses of Funds An eligible local entity receiving a grant under this section shall use grant funds to develop and implement a comprehensive plan for using data to improve teaching, learning, and student outcomes. Such plan shall include strategies designed to— (A) provide teachers, school leaders, parents, students, researchers, external partners, and the public with access to student education data in a way that ensures the quality and integrity of data contained in data systems and respects student and educator privacy, including through compliance with the requirements of Federal, State, and local privacy laws (including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g )); (B) regularly analyze and share appropriate student data with educators, counselors, school staff, parents, students, and external partners in a way that ensures the quality and integrity of data contained in data systems and respects student and educator privacy, including through compliance with the requirements of Federal, State, and local privacy laws (including section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g )); (C) improve the ability of school leaders to— (i) use student data to guide school improvement efforts; and (ii) support classroom use of data through high-quality training and professional development; and (D) improve the ability of teachers to effectively use student data through on-going, sustainable, and high-quality professional development activities in order to ensure that educators have the capacity to— (i) analyze data and monitor academic outcomes; (ii) modify instructional activities as needed; and (iii) differentiate student instructions. (2) Allowable Uses of Funds An eligible local entity receiving a grant under this section may use grant funds to carry out any of the following activities: (A) Supplementing statewide longitudinal data systems existing at the time of the application by improving local data systems through— (i) the collection of local data elements that support decisionmaking about school improvement; (ii) enhancing the ability of educators to manage, analyze, disaggregate, or report student, teacher, and school data; or (iii) standardization through use of openly developed common education data standards. (B) Using new assessment tools that provide timely data to educators, which can be used to identify the learning needs of individual students and guide appropriate, personalized instructional interventions. (C) Using external partners, central office staff, or data specialists in order to build educator capacity to effectively use data to improve teaching and learning. (D) Analyzing and disseminating best practices, strategies, and approaches regarding pedagogical advancement that will leverage the local educational agency’s or State educational agency’s data system to enhance teaching and learning, including opportunities for individualized instruction. (E) Analyzing data and realigning existing resources to maximize impact on student achievement, including the use of early warning data to target resources. (F) Coordinating activities with other local agencies providing services to students. (G) Coordinating activities with educator preparation programs in order to build educators' capacity to use data. 5. National activities to support effective data use From the funds appropriated under section 8 for a fiscal year, the Secretary may carry out the following national activities: (1) Providing technical and policy assistance to grantees and non-grantees in order to facilitate implementation, and improve the quality of, student longitudinal data systems, including technical assistance to ensure the protection of personally identifiable information. (2) Identifying or promoting activities that improve data coordination, quality, and use at the national, State, and local levels (including activities that improve the coordination, quality, and use of education data for Indian tribes, tribal organizations, and schools operated or funded by the Bureau of Indian Education). (3) Implementing innovative strategies to advance the use of data. (4) Conducting research on emerging trends and challenges relating to the collection and use of education data. (5) Awarding prizes (consistent with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 )). (6) Providing funding to support the innovative use of data for pilot programs, in order to identify and promote models of effective data use in emerging areas. 6. Report Not later than 3 years after the Secretary awards a grant under this Act, and annually thereafter, the Secretary shall make publicly available a report on the implementation, actual costs, and effectiveness of the activities carried out through grants under this Act, including efforts to protect student and educator privacy. 7. Transparency (a) Reporting Requirements (1) In General Not later than 1 year after the date of enactment of this Act, the Secretary shall make publicly available a comprehensive and searchable description of all reporting requirements of the Department that apply to State educational agencies, local educational agencies, or schools. Such description shall include, for each reporting requirement, the following information: (A) The definition of the required data element or indicator. (B) The purpose of the particular data collection. (C) The legislative or regulatory source of the reporting requirement. (D) The level of data (such as the State educational agency, local educational agency, institution of postsecondary education, or school). (E) The mechanism of data collection. (F) Information about whether data relating to the reporting requirement is publicly available. (2) Updates The Secretary shall update the description required under subsection (a) annually. (b) Assurance The Secretary shall ensure that if a new reporting requirement becomes effective, or if a reporting requirement is changed, on or after the date of enactment of this Act, each State shall have not less than 90 days to comply with such requirement. 8. Authorization of Appropriations There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2012 and such sums as may be necessary for each succeeding fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr112ih/xml/BILLS-113hr112ih.xml

113-hr-113

I 113th CONGRESS 1st Session H. R. 113 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt (for himself, Mr. Grijalva , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to integrate public libraries into State and local workforce investment boards, and for other purposes. 1. Short title This Act may be cited as the Workforce Investments through Local Libraries Act or the WILL Act . 2. State workforce investment boards Section 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29 U.S.C. 2821(b)(1)(C)(v)) is amended by inserting , public libraries, after community colleges . 3. State plan Section 112(b)(8)(A) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822(b)(8)(A) ) is amended— (1) in clause (ix), by striking and at the end; and (2) by adding at the end the following: (xi) employment, training, and literacy services carried out by public libraries; and . 4. Local workforce investment board Section 117(b)(2)(A)(iv) of the Workforce Investment Act of 1998 (29 U.S.C. 2832(b)(2)(A)(iv)) is amended by striking individuals with disabilities and and inserting public libraries, individuals with disabilities, and . 5. Local plan Section 118(b)(2) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833(b)(2) ) is amended— (1) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; and (2) by inserting after paragraph (5) the following: (6) a description of how the local board will coordinate workforce investment activities carried out in the local area with employment, training, and literacy services carried out by public libraries; . 6. Identification of eligible providers of training services Section 121(b)(2)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842(b)(2)(B) ) is amended— (1) in clause (iv), by striking and at the end; (2) by redesignating clause (v) as clause (vi); and (3) by inserting after clause (iv) the following: (v) employment, training, and literacy services carried out by public libraries; and . 7. Use of funds for employment and training activities Section 134(d)(3)(B)(ii) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(3)(B)(ii) ) is amended by striking and private nonprofit service providers, and inserting private nonprofit service providers, and other appropriate entities, such as public libraries, . 8. Demonstration, pilot, multiservice, research, and multistate projects Section 171(b)(1) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916(b)(1) ) is amended— (1) by redesignating subparagraphs (B) through (H) as subparagraphs (C) through (I), respectively; and (2) by inserting after subparagraph (A) the following: (B) the establishment of employment resource centers in public libraries to provide unemployed and underemployed individuals access to workforce activities and information related to training services and employment opportunities which may include— (i) resume development, job bank Web searches, and workshops on career information; (ii) literacy services; and (iii) acquisition of database licenses to improve access to career certification, licensing practice tests, and workforce skills improvement; .

https://www.govinfo.gov/content/pkg/BILLS-113hr113ih/xml/BILLS-113hr113ih.xml

113-hr-114

I 113th CONGRESS 1st Session H. R. 114 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To encourage online workforce training. 1. Short title This Act may be cited as the Online Job Training Act of 2013 . 2. Online workforce training programs Section 171 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916 ) is amended by adding at the end the following: (f) Online workforce training program (1) National Online Workforce Training Grants (A) In general From the amount appropriated under subparagraph (G), the Secretary shall award National Online Workforce Training Grants on a competitive basis to eligible entities to enable such entities to carry out workforce training programs using distance-learning technologies, such as the Internet. An entity may leverage such grant with other Federal, State, local, and private resources, in order to expand the participation of businesses, employees, and other individuals in such training programs. (B) Eligible entity defined For purposes of this subsection, the term eligible entity means an educational institution, community-based organization, nonprofit organization, State board or local board, or unit of general local government, that provides online workforce training. (C) Priority Priority in awarding grants under this paragraph shall be given to eligible entities that— (i) have demonstrated experience in implementing and operating online workforce training and education programs; (ii) have demonstrated experience coordinating activities, where appropriate, with the workforce investment system; and (iii) conduct training for occupations with national or local shortages. (D) Data collection Each eligible entity receiving a grant under this paragraph shall collect and report information on— (i) the number of participants in the workforce training program funded under this paragraph; (ii) the services received by the participants; (iii) program completion rates; (iv) factors determined as significantly interfering with program participation or completion; (v) the rate of job placement; and (vi) other information as determined as needed by the Secretary. (E) Outreach Each eligible entity receiving a grant under this paragraph shall conduct outreach activities to disseminate information to workforce investment boards, local governments, educational institutions, and other workforce training organizations about— (i) the workforce training program funded under this paragraph; and (ii) the results of such, and the best practices with respect to workforce training identified as a result of, program. (F) Performance levels The Secretary shall establish indicators of performance that will be used to evaluate the performance of eligible entities under this paragraph in carrying out the activities required under this paragraph. Prior to awarding a grant under this paragraph to an eligible entity, the Secretary shall negotiate and reach agreement with the entity regarding the levels of performance expected to be achieved by the entity on the indicators of performance. (G) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this paragraph $50,000,000 for fiscal years 2014 through 2024. (2) Online training program clearinghouse (A) Description of grant From the amounts appropriated under subparagraph (D), the Secretary shall award one grant to an eligible postsecondary educational institution to provide the services described in this paragraph. (B) Eligibility To be eligible to receive a grant under this paragraph, a postsecondary educational institution shall— (i) have demonstrated the ability to disseminate research on best practices for implementing workforce investment programs; and (ii) be a national leader in producing cutting-edge research on technology related to workforce investment systems under subtitle B. (C) Services The postsecondary educational institution that receives a grant under this paragraph shall use such grant— (i) to provide technical assistance to entities that receive grants under paragraph (1); (ii) to collect and nationally disseminate the data gathered by entities that receive grants under paragraph (1); and (iii) to disseminate best practices identified by the Secretary. (D) Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this subsection $1,000,000 for fiscal years 2014 through 2024. .

https://www.govinfo.gov/content/pkg/BILLS-113hr114ih/xml/BILLS-113hr114ih.xml

113-hr-115

I 113th CONGRESS 1st Session H. R. 115 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt (for himself, Ms. Tsongas , Mr. Grijalva , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for grants from the Secretary of Education to State and local educational agencies for EnergySmart schools and Energy Star programs. 1. Short title This Act may be cited as the School Building Enhancement Act . 2. Grant program The Secretary of Education may provide grants— (1) to State educational agencies and local educational agencies for providing intensive technical assistance for, and assisting the implementation of, the EnergySmart Schools Program of the Department of Energy and the Energy Star for K–12 School Districts program of the Environmental Protection Agency; (2) to local educational agencies that become partners through the Energy Star for K–12 School Districts program of the Environmental Protection Agency; and (3) to State educational agencies for use in the development of State-level school energy efficiency quality plans, in partnership with the Secretary of Energy, including— (A) standards for school building design, construction, and renovation; and (B) proposals for the systematic improvement (including benchmarks and timelines) of environmental conditions in and around schools throughout the State, including— (i) environmentally preferable purchasing of products for instruction and maintenance; (ii) increasing the use of alternative energy fuels in school buses; (iii) maximization of transportation choices for students, staff, and other members of the community; and (iv) individual prescriptive efficiency improvements such as lighting improvements, roofing, high efficiency HVAC systems, and mechanical and envelope insulation. 3. Federal share The Federal share of the cost of a project or activity carried out using funds from a grant under this Act shall not exceed 90 percent. 4. Grant priority In providing grants under section 2(1), the Secretary of Education shall give priority to projects to provide assistance to State educational agencies and local educational agencies that have a demonstrated need for energy efficiency improvement. 5. Definition For purposes of this Act, the terms State educational agency and local educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 6. Authorization of appropriations There are authorized to be appropriated to the Secretary of Education to carry out this Act such sums as may be necessary for the period encompassing fiscal years 2014 through 2019.

https://www.govinfo.gov/content/pkg/BILLS-113hr115ih/xml/BILLS-113hr115ih.xml

113-hr-116

I 113th CONGRESS 1st Session H. R. 116 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt (for himself and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To encourage the use of medical checklists through research, and for other purposes. 1. Short title This Act may be cited as the Medical Checklist Act of 2013 . 2. Research into medical checklist development and efficacy (a) Study The Director of the Agency for Healthcare Research and Quality, acting through the Center for Quality Improvement and Patient Safety, shall conduct research and a study, in accordance with the requirements of this section, regarding the development and efficacy of medical checklists. (b) Contents In carrying out subsection (a), the Director shall conduct research and a study regarding the following: (1) Testing of different models of medical checklists to measure the effect of checklist format, length, and design for different clinical tasks on— (A) adoption of checklists by health care professionals; (B) time spent by health care professionals on the clinical task of interest; and (C) reliable completion of health care procedures. (2) Examination of checklist development and use in other industries, such as commercial aviation and nuclear power, and the feasibility of applying and adapting methodology developed in those industries to the health care industry in a way that would result in health care quality improvement. (3) Identification of organizational characteristics needed to effectively implement the use of medical checklists in health care settings. (4) Measurement of the effects of the use of medical checklists on patient safety and health outcomes. (5) Identification of health care procedures for which the development and use of medical checklists would be beneficial. (6) Investigation of the development, implementation, and use of available medical checklists, including checklists for safe surgery and central line insertion and maintenance, to inform further medical checklist development. (c) Scope The Director shall ensure that each aspect of the research and study conducted under subsection (a) is examined across a variety of health care provider characteristics, medical procedures, patient populations, and other factors that could affect the use of medical checklists. (d) Dissemination The Director shall make available to the public the results of the study conducted under subsection (a) and shall disseminate such results to patient safety organizations listed pursuant to section 924(d) of the Public Health Service Act ( 42 U.S.C. 299b–24(d) ). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2017. 3. Coordinating medical checklists and health information technology systems (a) In general The HIT Policy Committee in the Office of the National Coordinator for Health Information Technology (as established in section 3002 of the Public Health Service Act ( 42 U.S.C. 300jj–12 )) shall develop policy recommendations regarding— (1) the extent to which the use of medical checklists should be incorporated into health information technology systems; and (2) measures to determine the effectiveness of such use. (b) Areas of consideration In making recommendations under subsection (a), the HIT Policy Committee may consider the following areas: (1) The ease with which medical checklists in electronic formats can be used by health care professionals. (2) The effect of the availability of medical checklists in electronic formats on the adoption and use of medical checklists by health care professionals. (3) The effect of the use of medical checklists in electronic formats on the time spent by health care professionals on medical procedures. (4) The ability of the health information technology system to collect data on patient safety and health outcomes that could be analyzed to aid in the design and update of medical checklists. (5) The ease with which medical checklists in electronic formats can be updated on an ongoing basis based on evidence from medical research and local experience. (6) The capability of health information technology systems to collect data, where applicable, regarding the use of medical checklists by health care clinicians and providers, and any relation between that use and patient safety and health outcomes. 4. Institute of medicine study on further medical checklist research (a) In general The Secretary of Health and Human Services shall enter into an agreement with the Institute of Medicine and the National Academy of Engineering of the National Academies to conduct a study in accordance with this section. (b) Study The Secretary shall ensure that the study conducted under this section— (1) reviews available medical checklists and similar quality improvement techniques, data on the adoption and use of such techniques by health care professionals, and evidence of the efficacy of such techniques in relation to patient safety and health outcomes; (2) identifies areas of research needed to improve medical checklists in order to increase the adoption and efficacy of medical checklists; (3) analyzes organizational impediments to the adoption and use of medical checklists; (4) reviews the degree to which there is sufficient evidence with which to develop new medical checklists and, if such evidence is insufficient, identifies areas requiring further study in order to develop such evidence; and (5) determines whether the availability of an increased number of medical checklists would improve patient safety and health outcomes and, if so, identifies methods for using recent medical research to develop new medical checklists. (c) Methodology of study (1) Scope The Secretary shall ensure that the agreement entered into under subsection (a) provides that the study conducted under such subsection will consider the perspectives of— (A) various types of health care professionals in various types of health care settings; (B) individuals conducting academic research in health care quality; and (C) patients. (2) Consultation with relevant organizations The Secretary shall ensure that the agreement entered into under subsection (a) provides that relevant agencies and organizations with expertise on medical checklists will be consulted during the study conducted under such subsection, including the following: (A) The Agency for Healthcare Research and Quality. (B) The American Nurses Association. (C) The Institute for Healthcare Improvement. (D) The American Hospital Association. (E) The American Medical Association. (F) The World Health Organization. (G) The National Committee for Quality Assurance. (H) The Joint Commission. (I) The American Academy of Physician Assistants. (d) Report The Secretary shall ensure that the agreement entered into under subsection (a) provides that not later than 18 months after the date of the enactment of this Act, a report providing the findings and recommendations made in the study conducted under such subsection will be submitted to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate. 5. Definitions In this Act, the following definitions apply: (1) Health care professional The term health care professional means an individual who provides health care services, including a physician, physician assistant, nurse practitioner, clinical nurse specialist (as those terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)), and such other individuals as the Secretary of Health and Human Services determines appropriate. (2) Health care setting The term health care setting means a facility at which health care services are provided, including a hospital providing inpatient hospital services (as that term is defined in section 1861 of the Social Security Act ( 42 U.S.C. 1395x )), an ambulatory surgical center (meeting the standards specified under section 1832(a)(2)(F)(i) of the Social Security Act ( 42 U.S.C. 1395k )), and such other settings as the Secretary of Health and Human Services determines appropriate. (3) Health care provider The term health care provider means a health care professional or a health care setting. (4) Medical checklist The term medical checklist means a predetermined, evidence-based, well-defined set of steps that should be completed during a designated medical clinical encounter or medical procedure, as further defined by the Director of the Agency for Healthcare Research and Quality in consultation with the Institute of Medicine and the National Academy of Engineering of the National Academies.

https://www.govinfo.gov/content/pkg/BILLS-113hr116ih/xml/BILLS-113hr116ih.xml

113-hr-117

I 113th CONGRESS 1st Session H. R. 117 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the mandatory licensing and registration of handguns. 1. Short title This Act may be cited as the Handgun Licensing and Registration Act of 2013 . 2. Federal handgun licensing and registration system to apply in any State that does not have a handgun licensing and registration system that meets certain requirements (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Licensing and registration of handguns (a) (1) The Attorney General of the United States shall establish a Federal system for the licensing and registration of all handguns owned, possessed, or controlled in the United States, which shall include a method for easily retrieving information sufficient to identify— (A) each resident of a State to which this subsection applies who owns, possesses, or controls a handgun; and (B) the handgun. (2) It shall be unlawful for a person to own, possess, or control a handgun in a State to which this subsection applies unless the person— (A) is licensed to do so by the system established pursuant to paragraph (1); and (B) has registered the handgun with a Federal, State, or local law enforcement agency. (b) Subsection (a) shall not apply in a State if there is in effect a certification by the Attorney General of the United States that the State has in effect a system for the licensing and registration of handguns owned, possessed, or controlled in the State that— (1) includes a method for easily retrieving information sufficient to identify— (A) each resident of the State who owns, possesses, or controls a handgun in the State; and (B) the handgun; and (2) at a minimum, imposes criminal penalties on any person who owns, possesses, or controls a handgun in the State, and who— (A) has not completed training in firearms safety; (B) is not licensed by the State to possess a handgun; or (C) has not registered the handgun with a Federal, State, or local law enforcement agency. (c) A certification under subsection (b) with respect to a State shall have no force or effect on or after the date the Attorney General finds, after an opportunity for a hearing on the record, that the State does not have in effect the system described in subsection (b). (d) The Attorney General shall prescribe such regulations as may be necessary to carry out this section. . (b) Penalties Section 924(a) of such title is amended by adding at the end the following: (7) Whoever knowingly violates section 931(a)(2) shall be fined under this title, imprisoned not less than 15 years, or both. The court shall not suspend a sentence of imprisonment imposed under this paragraph or impose a probationary sentence under this paragraph. . (c) Clerical amendment The table of sections for such chapter is amended by adding at the end the following: 932. Licensing and registration of handguns. . (d) Effective date The amendments made by this section shall apply to conduct engaged in after the 2-year period that begins with the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr117ih/xml/BILLS-113hr117ih.xml

113-hr-118

I 113th CONGRESS 1st Session H. R. 118 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt (for himself, Mr. Hanna , and Mr. Honda ) 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 encourage teachers to pursue teaching science, technology, engineering, and math subjects at elementary and secondary schools. 1. Short title This Act may be cited as the National STEM Education Tax Incentive for Teachers Act of 2013 . 2. Refundable credit for portion of tuition paid for undergraduate education of certain teachers (a) In General Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36C the following new section: 36D. Tuition for undergraduate education of certain teachers (a) In General In the case of an individual who is an eligible teacher for the taxable year, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 10 percent of qualified undergraduate tuition paid by such individual. (b) Limitations (1) Dollar amount The credit allowed by this section for any taxable year shall not exceed $1,000. (2) Teachers in high-needs schools districts In the case of one of the first 5 taxable years in which a teacher is an eligible teacher who teaches in an elementary school or a secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )) receiving funds under part A of title I of such Act ( 20 U.S.C. 6311 et seq. ), subparagraph (A) shall be applied by substituting $1,500 for $1,000 . (3) Credit allowed only for 10 years No credit shall be allowed under this section for any taxable year after the 10th taxable year for which credit is allowed under this section. (c) Eligible Teacher For purposes of this section— (1) In general The term eligible teacher means, with respect to a taxable year, any individual— (A) who is a full-time teacher, including a full-time substitute teacher, in any of grades kindergarten through 12th grade for the academic year ending in such taxable year, (B) (i) who teaches primarily math, science, engineering, or technology courses in one or more of grades 9 through 12 during such academic year, or (ii) who teaches math, science, engineering, or technology courses in one or more of grades kindergarten through 8 during such academic year, (C) who, in the case that such individual is a middle or secondary school teacher, received a baccalaureate or similar degree with a major in mathematics, science, engineering, or technology from an institution of higher education, and (D) who is highly qualified (as defined in section 9101(23) of the Elementary and Secondary Education Act of 1965). (2) Special rule for administrative personnel School administrative functions shall be treated as teaching courses referred to in paragraph (1)(B) if such functions primarily relate to such courses or are for a school which focuses primarily on such courses. (d) Qualified Undergraduate Tuition For purposes of this section, the term qualified undergraduate tuition means qualified higher education expenses (as defined in section 529(e)(3)) for enrollment or attendance at an institution of higher education, reduced as provided in section 25A(g)(2) and by any credit allowed by section 25A with respect to such expenses. (e) Institution of Higher Education The term institution of higher education means an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (f) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section. . (b) Conforming Amendments (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36D, after 36B, . (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36C the following new item: Sec. 36D. Tuition for undergraduate education of certain teachers. . (c) Effective Date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act; except that only periods of being an eligible teacher (as defined in section 36D(c) of the Internal Revenue Code of 1986, as added by this section) after such date shall be taken into account under section 36D(b)(3) of such Code, as so added.

https://www.govinfo.gov/content/pkg/BILLS-113hr118ih/xml/BILLS-113hr118ih.xml

113-hr-119

I 113th CONGRESS 1st Session H. R. 119 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code to make permanent the credit for increasing research activities. 1. Permanent extension of research credit (a) In general Section 41 of the Internal Revenue Code of 1986 is amended by striking subsection (h). (b) Conforming amendment Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2011.

https://www.govinfo.gov/content/pkg/BILLS-113hr119ih/xml/BILLS-113hr119ih.xml

113-hr-120

I 113th CONGRESS 1st Session H. R. 120 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt 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 increase the credit for research expenses for 2013 and 2014 and to allow the credit to be assigned. 1. Short title This Act may be cited as the Create Jobs by Expanding the R&D Tax Credit Act of 2013 . 2. Increase in research expenses taken into account for the research credit (a) In general Section 41 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Temporary Bonus for Qualifying Research Expenses In the case of any taxable year beginning in 2013 or 2014— (1) subsection (a)(1) shall be applied by substituting 30 percent for 20 percent , (2) subsection (c)(5)(A) shall be applied by substituting 20 percent for 14 percent , and (3) subsection (c)(5)(B)(ii) shall be applied by substituting 12 percent for 6 percent . . (b) Extension of credit Subparagraph (B) of section 41(i)(1) of such Code, as redesignated by subsection (a), is amended by striking December 31, 2011 and inserting December 31, 2014 . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 3. Transferability of research credit (a) In general Section 41 of the Internal Revenue Code of 1986, as amended by section 2, is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: (i) Credit May Be Assigned (1) In general If, for any taxable year beginning in 2013 or 2014, a qualified taxpayer elects the application of this subsection for such taxable year, the amount of credit determined under this section for such year which would (but for this subsection) be allowable to the qualified taxpayer shall be allowable to the person designated by the qualified taxpayer. Such amount shall be determined by applying this section separately from section 38 for such year. The person so designated shall be treated as the taxpayer with respect to this section (other than this subsection) for purposes of this title (other than this paragraph). (2) Treatment of amounts paid for assignment If any amount is paid to the person who assigns the credit determined under this section, no portion of such amount shall be includible in such person’s gross income. (3) Qualified taxpayer The term qualified taxpayer means, with respect to any taxable year, any small business concern (as defined in section 3 of the Small Business Act) if such concern employs an average of fewer than 500 employees on business days during such year. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr120ih/xml/BILLS-113hr120ih.xml

113-hr-121

I 113th CONGRESS 1st Session H. R. 121 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a 5-year reinstatement of the real property standard deduction and to adjust such deduction for inflation. 1. Reinstatement of real property standard deduction (a) Extension Subparagraph (C) of section 63(c)(1) of the Internal Revenue Code of 1986 is amended by striking in 2008 or 2009 and inserting after December 31, 2012, and before January 1, 2018 . (b) Adjustments for inflation (1) In general Subparagraph (B) of section 63(c)(4) of such Code is amended— (A) by inserting (2013 in the case of the dollar amount contained in paragraph (7)(B)) after 1988 , (B) by striking or (5) and inserting (5), or (7)(B) , and (C) by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and , and by inserting after clause (ii) the following: (iii) calendar year 2011 in the case of the dollar amount contained in paragraph (7)(B). . (2) Conforming amendment Subparagraph (B) of section 63(c)(7) of such Code is amended by striking $1,000 and inserting twice such amount . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr121ih/xml/BILLS-113hr121ih.xml

113-hr-122

I 113th CONGRESS 1st Session H. R. 122 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for equity investments in high technology small business concerns. 1. Short title This Act may be cited as the Creating Jobs From Innovative Small Businesses Act of 2013 . 2. Credit for investments in small technology innovation companies (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. High technology investment tax credit (a) Allowance of credit For purposes of section 38, the high technology investment tax credit determined under this section for the taxable year is an amount equal to 20 percent of the amount paid by the taxpayer during such year to acquire a qualified equity investment in a qualified high technology small business concern. (b) Maximum credit (1) In general The taxpayer’s credit determined under this section for the taxable year shall not exceed the excess (if any) of— (A) $100,000, over (B) the taxpayer’s (and any predecessor’s) aggregate credit determined under this section for all prior taxable years. (2) Related parties (A) In general For purposes of paragraph (1), all related persons shall be treated as 1 person, and the dollar amount in paragraph (1)(A) shall be allocated among such persons under regulations prescribed by the Secretary. (B) Related persons A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). (c) Definitions For purposes of this section— (1) Qualified equity investment (A) In general The term qualified equity investment means any equity investment in a qualified high technology small business concern if— (i) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and (ii) such investment is designated for purposes of this section by such concern. (B) Equity investment The term equity investment means— (i) any stock (other than nonqualified preferred stock as defined in section 351(g)(2)) in an entity which is a corporation, and (ii) any capital interest in an entity which is a partnership. (C) Redemptions A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. (2) Qualified high technology small business concern The term qualified high technology small business concern means, with respect to any taxable year, any small business concern (as defined in section 3 of the Small Business Act) if— (A) such concern employs an average of fewer than 500 employees on business days during such year, and (B) at least 50 percent of the gross expenditures of such entity for such year are research or experimental expenditures under section 174. (d) National limitation on amount of investments designated (1) In general There is a high technology investment tax credit limitation for each calendar year. Such limitation is— (A) $500,000,000 for 2013, (B) $750,000,000 for 2014 and 2015, and (C) $1,000,000,000 for 2016 and 2017. (2) Allocation of limitation The limitation under paragraph (1) shall be allocated by the Secretary among qualified high technology small business concerns selected by the Secretary. (3) Carryover of unused limitation If the high technology investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2023. (e) Certain taxpayers not eligible No credit shall be determined under this section for any equity investment in any qualified high technology small business concern made by any individual who, at the time of the investment, is— (1) an employee of such concern, or (2) a member of the family (within the meaning of section 267(c)(4)) of an employee of such concern. (f) Basis reduction The basis of any qualified equity investment shall be reduced by the amount of any credit determined under this section with respect to such investment. This subsection shall not apply for purposes of sections 1202, 1400B, and 1400F. (g) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations— (1) which prevent the abuse of the purposes of this section, (2) which impose appropriate reporting requirements, and (3) which apply the provisions of this section to newly formed entities. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the high technology investment tax credit determined under section 45S. . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. High technology investment tax credit. . (d) Effective date The amendments made by this section shall apply to investments made after December 31, 2012, in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr122ih/xml/BILLS-113hr122ih.xml

113-hr-123

I 113th CONGRESS 1st Session H. R. 123 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Holt (for himself and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Oversight and Government Reform and 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 encourage water efficiency. 1. Short title This Act may be cited as the Water Advanced Technologies for Efficient Resource Use Act of 2013 . 2. WaterSense (a) In general There is established within the Environmental Protection Agency a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services in order— (1) to reduce water use; (2) to reduce the strain on water, wastewater, and stormwater infrastructure; (3) to conserve energy used to pump, heat, transport, and treat water; and (4) to preserve water resources for future generations, through voluntary labeling of, or other forms of communications about, products, buildings and landscapes, and services that meet the highest water efficiency and performance standards. (b) Duties The Administrator of the Environmental Protection Agency shall— (1) promote WaterSense labeled products, buildings and landscapes, and services in the market place as the preferred technologies and services for— (A) reducing water use; and (B) ensuring product and service performance; (2) work to enhance public awareness of the WaterSense label through public outreach, education, water recycling and reuse technology research and development, and other means; (3) establish and maintain performance standards so that products, buildings and landscapes, and services labeled with the WaterSense label perform as well or better than their less efficient counterparts; (4) publicize the importance of proper installation of WaterSense plumbing products by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and the installation, maintenance, and audit of WaterSense irrigation systems by a WaterSense-certified irrigation professional to ensure optimal performance; (5) preserve the integrity of the WaterSense label; (6) regularly review and, when appropriate, update WaterSense criteria for categories of products, buildings and landscapes, and services, at least once every four years; (7) regularly collect and make available to the public summary data on the production and relative market shares of WaterSense labeled products, buildings and landscapes, and services, at least annually; (8) regularly estimate and make available to the public the water and energy savings attributable to the use of WaterSense labeled products, buildings and landscapes, and services, at least annually; (9) solicit comments from interested parties and the public prior to establishing or revising a WaterSense category, specification, installation criterion, or other criterion (or prior to effective dates for any such category, specification, installation criterion, or other criterion); (10) provide reasonable notice to interested parties and the public of any changes (including effective dates), on the adoption of a new or revised category, specification, installation criterion, or other criterion, along with— (A) an explanation of changes; and (B) as appropriate, responses to comments submitted by interested parties; (11) provide appropriate lead time (as determined by the Administrator) prior to the applicable effective date for a new or significant revision to a category, specification, installation criterion, or other criterion, taking into account the timing requirements of the manufacturing, marketing, training, and distribution process for the specific product, building and landscape, or service category addressed; and (12) identify and, where appropriate, implement other voluntary approaches, such as labeling waterless devices that perform the same function as a water consuming product or encouraging reuse, reclamation, and recycling technologies, in commercial, institutional, residential, municipal, and industrial sectors to improve water efficiency or lower water use while meeting the performance standards established under paragraph (3). (c) Authorization of appropriations There are authorized to be appropriated $7,500,000 for fiscal year 2014, $10,000,000 for fiscal year 2015, $20,000,000 for fiscal year 2016, and $50,000,000 for fiscal year 2017 and each year thereafter, adjusted for inflation, to carry out this section. 3. Federal procurement of water efficient products (a) Definitions In this section: (1) Agency The term agency has the meaning given that term in section 7902(a) of title 5, United States Code. (2) Watersense product or service The term WaterSense product or service means a product or service that is rated for water efficiency under the WaterSense program. (3) Watersense program The term WaterSense program means the program established by section 2 of this Act. (4) FEMP designated product The term FEMP designated product means a product that is designated under the Federal Energy Management Program of the Department of Energy as being among the highest 25 percent of equivalent products for efficiency. (5) Product and service The terms product and service do not include any water consuming product or service designed or procured for combat or combat-related missions. The terms also exclude products or services already covered by the Federal procurement regulations established under section 553 of the National Energy Conservation Policy Act (42 U.S.C. 8259b). (b) Procurement of water efficient products (1) Requirement To meet the requirements of an agency for a water consuming product or service, the head of the agency shall, except as provided in paragraph (2), procure— (A) a WaterSense product or service; or (B) a FEMP designated product. A WaterSense plumbing product should preferably, when possible, be installed by a WaterSense-certified or, if WaterSense certification guidelines do not exist, licensed plumber or mechanical contractor, and a WaterSense irrigation system should preferably, when possible, be installed, maintained, and audited by a WaterSense-certified irrigation professional to ensure optimal performance. (2) Exceptions The head of an agency is not required to procure a WaterSense product or service or FEMP designated product under paragraph (1) if the head of the agency finds in writing that— (A) a WaterSense product or service or FEMP designated product is not cost-effective over the life of the product, taking current and future energy, water, and wastewater cost savings into account; or (B) no WaterSense product or service or FEMP designated product is reasonably available that meets the functional requirements of the agency. (3) Procurement planning The head of an agency shall incorporate into the specifications for all procurements involving water consuming products and systems, including guide specifications, project specifications, and construction, renovation, and services contracts that include provision of water consuming products and systems, and into the factors for the evaluation of offers received for the procurement, criteria used for rating WaterSense products and services and FEMP designated products. The head of an agency shall consider, to the maximum extent practicable, additional measures for reducing agency water consumption, including water reuse, reclamation, and recycling technologies, leak detection and repair, and use of waterless products that perform similar functions to existing water-consuming products. (c) Listing of water efficient products in federal catalogs WaterSense products and services and FEMP designated products shall be clearly identified and prominently displayed in any inventory or listing of products by the General Services Administration or the Defense Logistics Agency. The General Services Administration and the Defense Logistics Agency shall supply only WaterSense products or FEMP designated products for all product categories covered by the WaterSense program or the Federal Energy Management Program, except in cases where the agency ordering a product specifies in writing that no WaterSense product or FEMP designated product is available to meet the buyer’s functional requirements, or that no WaterSense product or FEMP designated product is cost-effective for the intended application over the life of the product, taking energy, water, and wastewater cost savings into account. (d) Regulations Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall issue regulations to carry out this section. 4. Early Adopter Water Efficient Products Incentive Programs (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Eligible entity The term eligible entity means a State government, local or county government, tribal government, wastewater or sewage utility, municipal water authority, energy utility, water utility, or nonprofit organization that meets the requirements of subsection (b). (3) Incentive program The term incentive program means a program for administering financial incentives for consumer purchase and installation of residential water efficient products and services as described in subsection (b)(1). (4) Residential water efficient product or service The term residential water efficient product or service means a product or service for a single-family or multifamily residence or its landscape that is rated for water efficiency and performance— (A) by the WaterSense program; or (B) by an incentive program and approved by the Administrator. Categories of water efficient products and services may include faucets, irrigation technologies and services, point-of-use water treatment devices, reuse, reclamation, and recycling technologies, toilets, and showerheads. (5) State The term State means each of the several States of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (6) Watersense program The term WaterSense program means the program established by section 2 of this Act. (b) Eligible entities An entity shall be eligible to receive an allocation under subsection (c) if the entity— (1) establishes (or has established) an incentive program to provide rebates, vouchers, other financial incentives, or direct installs to consumers for the purchase and installation of residential water efficient products or services; (2) submits an application for the allocation at such time, in such form, and containing such information as the Administrator may require; and (3) provides assurances satisfactory to the Administrator that the entity will use the allocation to supplement, but not supplant, funds made available to carry out the incentive program. (c) Amount of allocations For each fiscal year, the Administrator shall determine the amount to allocate to each eligible entity to carry out subsection (d) taking into consideration— (1) the population served by the eligible entity in the most recent calendar year for which data are available; (2) the targeted population of the eligible entity's incentive program, such as general households, low-income households, or first-time homeowners, and the probable effectiveness of the incentive program for that population; (3) for existing programs, the effectiveness of the incentive program in encouraging the adoption of water efficient products and services; and (4) any prior year's allocation to the eligible entity that remains unused. (d) Use of allocated funds Funds allocated to an entity under subsection (c) may be used to pay up to 50 percent of the cost of establishing and carrying out an incentive program. (e) Fixture recycling Entities are encouraged to promote or implement fixture recycling programs to manage the disposal of older fixtures replaced due to the incentive program under this section. (f) Issuance of rebates Financial incentives may be provided to consumers that meet the requirements of the incentive program. The entity may issue all financial incentives directly to consumers or, with approval of the Administrator, delegate some or all financial incentive administration to other organizations including, but not limited to, local governments, municipal water authorities, and water utilities. The amount of a financial incentive shall be determined by the entity, taking into consideration— (1) the amount of the allocation to the entity under subsection (c); (2) the amount of any Federal, State, or other organization's tax or financial incentive available for the purchase of the residential water efficient product or service; (3) the amount necessary to change consumer behavior to purchase water efficient products and services; and (4) the consumer expenditures for onsite preparation, assembly, and original installation of the product. (g) Authorization of appropriations There are authorized to be appropriated to the Administrator to carry out this section $50,000,000 for fiscal year 2014, $100,000,000 for fiscal year 2015, $150,000,000 for fiscal year 2016, $100,000,000 for fiscal year 2017, and $50,000,000 for fiscal year 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr123ih/xml/BILLS-113hr123ih.xml

113-hr-124

I 113th CONGRESS 1st Session H. R. 124 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Jones (for himself and Mr. Broun of Georgia ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To redesignate the Department of the Navy as the Department of the Navy and Marine Corps. 1. Redesignation of the Department of the Navy as the Department of the Navy and Marine Corps (a) Redesignation of Military Department The military department designated as the Department of the Navy is redesignated as the Department of the Navy and Marine Corps. (b) Redesignation of Secretary and Other Statutory Offices (1) Secretary The position of the Secretary of the Navy is redesignated as the Secretary of the Navy and Marine Corps. (2) Other statutory offices The positions of the Under Secretary of the Navy, the four Assistant Secretaries of the Navy, and the General Counsel of the Department of the Navy are redesignated as the Under Secretary of the Navy and Marine Corps, the Assistant Secretaries of the Navy and Marine Corps, and the General Counsel of the Department of the Navy and Marine Corps, respectively. 2. Conforming amendments to title 10, United States Code (a) Definition of Military Department Paragraph (8) of section 101(a) of title 10, United States Code, is amended to read as follows: (8) The term military department means the Department of the Army, the Department of the Navy and Marine Corps, and the Department of the Air Force. . (b) Organization of Department The text of section 5011 of such title is amended to read as follows: The Department of the Navy and Marine Corps is separately organized under the Secretary of the Navy and Marine Corps. . (c) Position of Secretary Section 5013(a)(1) of such title is amended by striking There is a Secretary of the Navy and inserting There is a Secretary of the Navy and Marine Corps . (d) Chapter Headings (1) The heading of chapter 503 of such title is amended to read as follows: 503 Department of the Navy and Marine Corps . (2) The heading of chapter 507 of such title is amended to read as follows: 507 Composition of the Department of the Navy and Marine Corps . (e) Other Amendments (1) Title 10, United States Code, is amended by striking Department of the Navy and Secretary of the Navy each place they appear other than as specified in subsections (a), (b), (c), and (d) (including in section headings, subsection captions, tables of chapters, and tables of sections) and inserting Department of the Navy and Marine Corps and Secretary of the Navy and Marine Corps , respectively, in each case with the matter inserted to be in the same typeface and typestyle as the matter stricken. (2) (A) Sections 5013(f), 5014(b)(2), 5016(a), 5017(2), 5032(a), and 5042(a) of such title are amended by striking Assistant Secretaries of the Navy and inserting Assistant Secretaries of the Navy and Marine Corps . (B) The heading of section 5016 of such title, and the item relating to such section in the table of sections at the beginning of chapter 503 of such title, are each amended by inserting and Marine Corps after of the Navy , with the matter inserted in each case to be in the same typeface and typestyle as the matter amended. 3. Other provisions of law and other references (a) Title 37, United States Code Title 37, United States Code, is amended by striking Department of the Navy and Secretary of the Navy each place they appear and inserting Department of the Navy and Marine Corps and Secretary of the Navy and Marine Corps , respectively. (b) Other References Any reference in any law other than in title 10 or title 37, United States Code, or in any regulation, document, record, or other paper of the United States, to the Department of the Navy shall be considered to be a reference to the Department of the Navy and Marine Corps. Any such reference to an office specified in section 2(b) shall be considered to be a reference to that officer as redesignated by that section. 4. Effective date This Act and the amendments made by this Act shall take effect on the first day of the first month beginning more than 60 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr124ih/xml/BILLS-113hr124ih.xml

113-hr-125

I 113th CONGRESS 1st Session H. R. 125 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for congressional oversight of United States agreements with the Government of Afghanistan. 1. Short title This Act may be cited as the Congressional Oversight of Afghanistan Agreements Act of 2013 . 2. Findings Congress makes the following findings: (1) President Barack Obama has announced an Enduring Strategic Partnership Agreement between the United States of America and the Islamic Republic of Afghanistan, with the goal of concluding a final agreement between the United States and Afghanistan by May 2, 2013. (2) The Agreement envisions commitments that directly affect the national security of the United States, including a commitment to assist Afghanistan to deter threats against its sovereignty, security, and territorial integrity . (3) The Agreement fails to make clear the future basing structure of United States forces in Afghanistan. (4) The Agreement fails to specify the future mission profile of United States forces in Afghanistan, the future number of United States forces deployed to Afghanistan, and the length of deployments for United States forces in Afghanistan. (5) The Agreement fails to specify the extent to which United States military personnel and government contractors will be accountable under the laws of Afghanistan. (6) Congress is a co-equal branch of government and as such the extension of long-term United States security commitments to Afghanistan that obligates or requires the appropriation of United States funds requires the full participation and consent of Congress. (7) Under the Constitution, legislative approval of an international agreement can take the form either of approval of a treaty by two-thirds of the Senate under article II or authorization of the agreement by a simple majority of both houses of Congress under article I. (8) Past presidential practice with regard to international agreements other than treaties has been regulated by Department of State guidelines that call for due consideration of the extent to which the agreement involves commitments or risks affecting the nation as a whole, whether the agreement can be given effect without the enactment of subsequent legislation by the Congress, and the preference of the Congress . 3. Conclusion of bilateral agreement without congressional approval (a) Report on justification for denying congressional role in concluding agreement (1) In general Not later than 60 days after the date of the enactment of this Act, the Legal Advisor to the Secretary of State shall submit to Congress an unclassified report providing the justification for the decision of the President to deny Congress its constitutionally protected role by concluding an agreement on the future of the security relationship between the United States and Afghanistan as an executive agreement. (2) Legal analysis of constitutional authority required The report required under paragraph (1) shall include a legal analysis of the constitutional powers asserted by the President in concluding that such an agreement does not require approval by Congress. (b) Sense of congress It is the sense of Congress that any bilateral agreement between the United States and Afghanistan involving commitments or risks affecting the nation as a whole , including a Bilateral Security Agreement, that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation does not have the force of law. (c) Prohibition on use of funds To carry out certain agreements No funds may be authorized or appropriated to carry out any bilateral agreement between the United States and Afghanistan involving commitments or risks affecting the nation as a whole , including a Bilateral Security Agreement, that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation passed by both houses of Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr125ih/xml/BILLS-113hr125ih.xml

113-hr-126

I 113th CONGRESS 1st Session H. R. 126 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to enter into an agreement to provide for management of the free-roaming wild horses in and around the Currituck National Wildlife Refuge. 1. Short title This Act may be cited as the Corolla Wild Horses Protection Act . 2. Wild horses in and around the Currituck National Wildlife Refuge (a) Agreement required (1) In general The Secretary of the Interior shall enter into an agreement with the Corolla Wild Horse Fund (a nonprofit corporation established under the laws of the State of North Carolina), the County of Currituck, North Carolina, and the State of North Carolina within 180 days after the date of enactment of this Act to provide for management of free-roaming wild horses in and around the Currituck National Wildlife Refuge. (2) Terms The agreement shall— (A) allow a herd of not less than 110 and not more than 130 free-roaming wild horses in and around such refuge, with a target population of between 120 and 130 free-roaming wild horses; (B) provide for cost-effective management of the horses while ensuring that natural resources within the refuge are not adversely impacted; (C) provide for introduction of a small number of free-roaming wild horses from the herd at Cape Lookout National Seashore as is necessary to maintain the genetic viability of the herd in and around the Currituck National Wildlife Refuge; and (D) specify that the Corolla Wild Horse Fund shall pay the costs associated with— (i) coordinating a periodic census and inspecting the health of the horses; (ii) maintaining records of the horses living in the wild and in confinement; (iii) coordinating the removal and placement of horses and monitoring of any horses removed from the Currituck County Outer Banks; and (iv) administering a viable population control plan for the horses including auctions, adoptions, contraceptive fertility methods, and other viable options. (b) Requirements for introduction of horses from Cape Lookout National Seashore During the effective period of the memorandum of understanding between the National Park Service and the Foundation for Shackleford Horses, Inc. (a non-profit corporation organized under the laws of and doing business in the State of North Carolina) signed in 2007, no horse may be removed from Cape Lookout National Seashore for introduction at Currituck National Wildlife Refuge except— (1) with the approval of the Foundation; and (2) consistent with the terms of such memorandum (or any successor agreement) and the Management Plan for the Shackleford Banks Horse Herd signed in January 2006 (or any successor management plan). (c) No liability created Nothing in this section shall be construed as creating liability for the United States for any damages caused by the free-roaming wild horses to any person or property located inside or outside the boundaries of the refuge.

https://www.govinfo.gov/content/pkg/BILLS-113hr126ih/xml/BILLS-113hr126ih.xml

113-hr-127

I 113th CONGRESS 1st Session H. R. 127 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Jones (for himself and Mr. Hudson ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To restore the Free Speech and First Amendment rights of churches and exempt organizations by repealing the 1954 Johnson Amendment. 1. Repeal of the 1954 Johnson Amendment banning the Free Speech and First Amendment rights of churches and exempt organizations (a) In general Paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by striking , and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office . (b) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. (c) Campaign finance laws unaffected The amendments made by this section shall not invalidate or limit any provision of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ).

https://www.govinfo.gov/content/pkg/BILLS-113hr127ih/xml/BILLS-113hr127ih.xml

113-hr-128

I 113th CONGRESS 1st Session H. R. 128 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to require radio and television broadcasters to provide free broadcasting time for political advertising, and for other purposes. 1. Short title This Act may be cited as the Fairness in Political Advertising Act of 2013 . 2. Allocation to political candidates of free broadcast time for political advertising (a) Condition of License Renewal Section 309(h) of the Communications Act of 1934 (47 U.S.C. 309(h)) is amended by inserting before the period at the end thereof the following: ; and (4) every television broadcast station license issued under this Act shall be subject to the free broadcast time obligations imposed by section 315(c) . (b) Free Time Obligations Section 315 of the Communications Act of 1934 ( 47 U.S.C. 315 ) is amended— (1) by redesignating subsections (c) through (e) as subsections (d) through (f), respectively; and (2) by inserting after subsection (b) the following new subsection: (c) (1) Each licensee for a television broadcasting station shall annually make available free broadcast time for political advertising in accordance with the requirements of this subsection. The Commission shall not renew the license of any licensee who substantially fails or refuses to comply with the requirements of this subsection, but such licensee shall not be subject to any other sanction or remedy for such failure or refusal. (2) A licensee subject to this subsection shall allot free broadcast time to each qualified political candidate in accordance with the following standards: (A) Such licensee shall allot an equal amount, but not less than 2 hours, of free broadcast time each even-numbered year to each qualified political candidate in a statewide or national election. In the case of a television station whose market does not encompass all of a congressional district, such licensee may apportion to each qualified candidate from such district a fraction of such 2 hours that is equal to the fraction of such district’s population that resides within such market, as determined in accordance with regulations prescribed by the Commission. (B) The free broadcast time allotted to any candidate under subparagraph (A) shall be composed of units of varying lengths of not more than 5 minutes nor less than 10 seconds, as determined by negotiation between such organization and the licensee. (C) The broadcast time allotted by any licensee shall be allotted so that— (i) at least one-half is broadcast during the hours of 7:00 p.m. to 10:00 p.m.; (ii) during any election year, at least two-thirds is broadcast during the 2 months immediately preceding election day and at least one-half is broadcast during the 3 weeks immediately preceding election day; (iii) each qualified candidate is allotted free broadcast time that is comparable, by time of day and day of week, to the time allotted to other qualified candidates for the same office; and (iv) no broadcaster shall allot more than 4 1/2 hours per week of free broadcast time for political advertising and, if the amount of time required to or allotted by this paragraph would exceed 4 1/2 hours, the time required to be allotted each qualified candidate shall be reduced proportionately. (D) The broadcast time shall be used solely for programming consisting of unedited segments in which the candidate speaks directly to the camera. (3) A candidate shall be treated as a qualified political candidate for purposes of paragraph (2)(A) if the candidate’s party, in the most recent statewide or national election, received more than 2 percent of the total number of votes. (4) A licensee allots free broadcast time as required by this subsection by broadcasting statements without remuneration or compensation in any form, whether by public or private funds, tax deduction or credit, or otherwise. (5) Nothing in this subsection, and no use of free broadcast time allotted under this subsection, shall be construed to restrict or otherwise affect the purchase of advertising time under subsection (b) of this section. . 3. Cable broadcasting of political advertising Section 611 of the Communications Act of 1934 (47 U.S.C. 531) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection: (f) A cable operator shall annually make available free cable time for political advertising in accordance with the requirements of regulations prescribed by the Commission. Such regulations shall, to the extent practicable, require each such cable operator to provide such free cable time in the same amounts and manner, to the same eligible political candidates, and subject to the same conditions as free broadcast time is required to be provided by television broadcast station licensees under section 315(c) of the Act. No franchise authority shall renew the franchise of any cable operator that fails to comply with such regulations, but such operator shall not be subject to any other sanction or remedy for such failure or refusal. .

https://www.govinfo.gov/content/pkg/BILLS-113hr128ih/xml/BILLS-113hr128ih.xml

113-hr-129

I 113th CONGRESS 1st Session H. R. 129 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Kaptur (for herself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To repeal certain provisions of the Gramm-Leach-Bliley Act and revive the separation between commercial banking and the securities business, in the manner provided in the Banking Act of 1933, the so-called Glass-Steagall Act , and for other purposes. 1. Short title This Act may be cited as the Return to Prudent Banking Act of 2013 . 2. Glass-Steagall revived (a) Wall between commercial banks and securities activities reestablished Section 18 of the Federal Deposit Insurance Act ( 12 U.S.C. 1828 ), as amended by section 615(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following new subsection: (aa) Limitations on security affiliations (1) Prohibition on affiliation between insured depository institutions and investment banks or securities firms An insured depository institution may not be or become an affiliate of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities. (2) Prohibition on officers, directors and employees of securities firms service on boards of depository institutions (A) In general An individual who is an officer, director, partner, or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution-affiliated party of any insured depository institution. (B) Exception Subparagraph (A) shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such individual as an officer, director, employee, or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers. (C) Termination of service Subject to a determination under subparagraph (B), any individual described in subparagraph (A) who, as of the date of the enactment of the Return to Prudent Banking Act of 2013, is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the 60-day period beginning on such date. (3) Termination of existing affiliation (A) Orderly wind-down of existing affiliation Any affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2013, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination The appropriate Federal banking agency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines, having due regard for the purposes of this subsection and the Return to Prudent Banking Act of 2013, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. (C) Extension Subject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (4) Definitions For purposes of this subsection, the terms broker and dealer have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 and the terms investment adviser and investment company have the meaning given such terms under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively. . (b) Prohibition on banking activities by securities firms clarified Section 21 of the Banking Act of 1933 ( 12 U.S.C. 378 ) is amended by adding at the end the following new subsection: (c) Business of receiving deposits For purposes of this section, the term business of receiving deposits includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act). . (c) Continued applicability of ICI vs. Camp (1) In general The Congress ratifies the interpretation of the paragraph designated the Seventh of section 5136 of the Revised Statutes of the United States ( 12 U.S.C. 24 , as amended by section 16 of the Banking Act of 1933 and subsequent amendments) and section 21 of the Banking Act of 1933 ( 12 U.S.C. 378 ) by the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) with regard to the permissible activities of banks and securities firms, except to the extent expressly prescribed otherwise by this section. (2) Applicability of reasoning The reasoning of the Supreme Court of the United States in the case referred to in paragraph (1) with respect to sections 20 and 32 of the Banking Act of 1933 (as in effect prior to the date of the enactment of the Gramm-Leach-Bliley Act) shall continue to apply to subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by subsection (a) of this section) except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections 20 and 32. (3) Limitation on agency interpretation or judicial construction No appropriate Federal banking agency, by regulation, order, interpretation, or other action, and no court within the United States may construe the paragraph designated the Seventh of section 5136 of the Revised Statutes of the United States ( 12 U.S.C. 24 , as amended by section 16 of the Banking Act of 1933 and subsequent amendments), section 21 of the Banking Act of 1933, or section 18(aa) of the Federal Deposit Insurance Act more narrowly than the reasoning of the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) as to the construction and the purposes of such provisions. 3. Repeal of Gramm-Leach-Bliley Act provisions (a) Financial holding company (1) In general Section 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843 ) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition (A) Orderly wind-down of existing affiliation In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination The Board of Governors of the Federal Reserve System, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Board determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices, and is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Board of Governors of the Federal Reserve System may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular bank holding company for not more than 6 months at a time, if, in the judgment of the Board, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendments (A) Section 2 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 ) is amended by striking subsection (p). (B) Section 5(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1844(c) ) is amended— (i) by striking subparagraph (E) of paragraph (2); and (ii) by striking paragraphs (3), (4), and (5). (C) Section 5 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1844 ) is amended by striking subsection (g). (D) The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended by striking section 45. (E) The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ) is amended by striking section 10A. (F) Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. 1828a) and section 115 ( 12 U.S.C. 1820a ). (b) Financial subsidiaries repealed (1) In general Section 5136A of the Revised Statutes of the United States ( 12 U.S.C. 24a ) is amended to read as follows: 5136A. [repealed] . (2) Transition (A) Orderly wind-down of existing affiliation In the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. (B) Early termination The Comptroller of the Currency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Comptroller determines, having due regard for the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. (3) Technical and conforming amendment (A) The 20th undesignated paragraph of section 9 of the Federal Reserve Act ( 12 U.S.C. 335 ) is amended by striking the last sentence. (B) The Federal Deposit Insurance Act is amended by striking section 46 (12 U.S.C. 1831w). (4) Clerical amendment The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Definition of broker Section 3(a)(4)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(4)(B) ) is amended— (1) by striking clauses (i), (iii), (v), (vii), (x), and (xi); and (2) by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively. (d) Definition of dealer Section 3(a)(5)(C) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(5)(C) ) is amended— (1) by striking clauses (i) and (iii); and (2) by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. (e) Definition of identified banking product Subsection (a) of section 206 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 78c note) is amended— (1) by inserting and after the semicolon at the end of paragraph (4); (2) in paragraph (5)(B)(ii), by striking ; or and inserting a period; and (3) by striking paragraph (6) and all that follows through the end of such subsection. (f) Definition of activities closely related to banking (1) In general Section 4(c)(8) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(c)(8) ) is amended by striking the day before the date of the enactment of the Gramm-Leach-Bliley Act and inserting January 1, 1970 . (2) Provision allowing for exceptions after report to the Congress Subsection (j) of section 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ) is amended to read as follows: (j) Approval for certain post-1970 subsection (c)(8) activities (1) In general Notwithstanding the limitation of the January 1, 1970, approval deadline in subsection (c)(8), the Board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection, subject to the requirements of this subsection and such terms and conditions as the Board may require. (2) General standards In making any determination under paragraph (1), the Board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section 18(aa) of the Federal Deposit Insurance Act, section 21 of the Banking Act of 1933, or the spirit of section 2(c) of the Return to Prudent Banking Act of 2013, and other possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices. (3) Report and wait No determination of the Board under paragraph (1) may take effect before the end of the 180-day period beginning on the date by which notice of the determination has been submitted to both Houses of the Congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination, unless before the end of such period, such activities have been approved by an Act of Congress. . (g) Repeal of provision relating to foreign banks filing as financial holding companies Section 8(c) of the International Banking Act of 1978 ( 12 U.S.C. 3106(c) ) is amended by striking paragraph (3). 4. Reports to the Congress (a) Reports required Each time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(aa) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress. (b) Contents Each report submitted to the Congress under subsection (a) shall contain a detailed description of the basis for the determination or extension.

https://www.govinfo.gov/content/pkg/BILLS-113hr129ih/xml/BILLS-113hr129ih.xml

113-hr-130

I 113th CONGRESS 1st Session H. R. 130 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Reserve Act to alter the terms and conditions applicable to members of the Board of Governors of the Federal Reserve System, and for other purposes. 1. Short title This Act may be cited as the Democratizing the Federal Reserve System Act of 2013 . 2. Amendments to Federal Reserve Act (a) Reduction in length of terms (1) The first sentence of the first undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 241 ) is amended by striking fourteen years and inserting 7 years . (2) The 2nd sentence of the 2nd undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 242 ) is amended by striking fourteen years the 2nd place such term appears and inserting 7 years . (3) The ultimate sentence of the 2nd undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 242 ) is amended by striking fourteen years and inserting 7 years . (b) Increase in post-Service restriction The first sentence of the 2nd undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 242 ) is amended by striking two years and inserting 4 years . (c) Ongoing service on Board requirement for Chairman and Vice Chairman (1) Chairman The 3rd sentence of the 2nd undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 242 ) is amended by striking 1 shall be designated and inserting a member who is currently serving on the Board and has already served at least 2 consecutive years on the Board shall be designated . (2) Vice Chairman The 3rd sentence of the 2nd undesignated paragraph of section 10 of the Federal Reserve Act (12 U.S.C. 242) is amended by striking 2 shall be designated and inserting 2 members who are currently serving on the Board and have already served at least 1 year on the Board, shall be designated . (d) Limitation on continuing vacancies The 4th undesignated paragraph of section 10 of the Federal Reserve Act ( 12 U.S.C. 244 ) is amended— (1) in the ultimate sentence, by inserting , before the end of the 90-day period beginning on the date such vacancy occurs, after shall be appointed ; and (2) by adding at the end the following new sentences: If, as of 30 days after the end of such 90-day period, no nomination has been made by the President, the chairperson and ranking Member of the Committees of the House of Representatives and the Senate which have jurisdiction over this Act, under the rules of the respective House, the Speaker and the minority leader of the House of Representatives, and the majority leader and minority leader of the Senate shall jointly create a list of 5 candidates in rank order to present to the President for consideration for the vacancy. Not later than 30 days after the transmittal of such list to the President, the President shall nominate a person, whether from such list or another person, to fill the vacancy. . (e) Amendments relating to federal open market committee (1) Increase in federal reserve bank representation The 1st sentence of section 12A(a) of the Federal Reserve Act ( 12 U.S.C. 263 ) is amended by striking five and inserting 6 . (2) Distribution of federal reserve bank membership Section 12A(a) of the Federal Reserve Act ( 12 U.S.C. 263 ) is amended by striking the 2nd sentence and inserting the following: Such representatives shall be presidents or first vice presidents of Federal reserve banks and shall be elected annually as follows: In even numbered calendar years, from among the presidents and first vice presidents of the Federal Reserve Banks of Boston, Kansas City, Philadelphia, San Francisco, Richmond, and St. Louis and in odd numbered calendar years from among the presidents and first vice presidents of the Federal Reserve Banks of New York, Dallas, Chicago, Cleveland, Atlanta, and Minneapolis. .

https://www.govinfo.gov/content/pkg/BILLS-113hr130ih/xml/BILLS-113hr130ih.xml

113-hr-131

I 113th CONGRESS 1st Session H. R. 131 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Kaptur introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide additional resources for Federal investigations and prosecutions of crimes related to the 2008 Financial Crisis, and for other purposes. 1. Short title This Act may be cited as the Financial Crisis Criminal Investigation Act . 2. Findings Congress finds the following: (1) The Federal Bureau of Investigation (FBI) has testified that today’s financial crisis dwarves the S&L crisis as financial institutions have reduced their assets by more than $1 trillion related to the current global financial crisis compared to the estimated $160 million lost during the S&L crisis. (Testimony by Mr. John Pistole, Deputy Director of the Federal Bureau of Investigation of the United States Department of Justice before the U.S. Senate Committee on the Judiciary, February 11, 2009). (2) The FBI has testified that mortgage fraud was such a major contributor to the current global financial crisis that: it would be irresponsible to neglect mortgage fraud’s impact on the U.S. housing and financial markets . (3) In the late 1980s and early 1990s, the United States experienced a similar financial crisis with the collapse of the Savings and Loan institutions. Again, according to Deputy Director Pistole, the Department of Justice (DOJ), [and more specifically the FBI], were provided a number of tools through the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) and Crime Control Act of 1990 (CCA) to combat the aforementioned crisis. As stated in Senate Bill 331 dated January 27, 2009, in the wake of the Savings and Loan crisis of the 1980s, a series of strike forces based in 27 cities was staffed with 1,000 FBI agents and forensic experts and dozens of Federal prosecutors . . (4) Fraud also played a decisive role in the Savings and Loan crisis. The FBI and Justice Department made prosecuting those elite frauds among its highest priorities. This took a massive commitment of FBI resources, but it produced the most successful prosecution of an epidemic of elite fraud in history—over 1,000 priority felony convictions of senior insiders, according to Professor William K. Black in his book The Best Way to Rob a Bank is to Own One . (5) However, the FBI, because of its crippling personnel limitations, has been unable to assign sufficient FBI agents assigned to investigate the current global financial crisis. The FBI identified the mortgage fraud epidemic in congressional testimony in September 2004. It had so few white-collar crime specialists available, however, that it was able to assign only 120 special agents to mortgage fraud cases—less than one-eighth the agents it found essential to respond adequately to the huge, but far smaller, Savings and Loan crisis. (6) Given the magnitude of the financial crisis of 2008 and the resulting losses and billions of taxpayer dollars spent to keep the financial system from collapsing, the FBI should have no less than 1,000 agents to address corporate, securities, and mortgage fraud located across the country, and, in addition, more forensic experts and Federal prosecutors to uncover the crimes committed and bring the perpetrators to justice. (7) This authorization is expected to bring the FBI and prosecutorial staffing to the necessary levels to investigate complex financial crimes and prosecute those who have committed these crimes. 3. Allowable use of funds The funds authorized in this Act shall be used for the following: (1) The hiring of additional employees, including the hiring of 1,000 FBI agents and, in addition, a sufficient number of forensic experts, by the Director of the Federal Bureau of Investigation in the Department of Justice to investigate corporate, securities, and mortgage fraud, and associated violations of the law relating to the United States financial markets. (2) The hiring of additional employees by the Attorney General of the Department of Justice to prosecute violations of the laws relating to the United States financial markets. (3) The hiring of additional employees by the Chair of the Securities and Exchange Commission Division of Enforcement to investigate and prosecute violations of the law relating to United States financial markets. 4. Authorizations There are authorized to be appropriated to carry out this Act such sums as necessary for fiscal year 2013, fiscal year 2014, fiscal year 2015, and fiscal year 2016. Such sums shall be available until obligated.

https://www.govinfo.gov/content/pkg/BILLS-113hr131ih/xml/BILLS-113hr131ih.xml

113-hr-132

I 113th CONGRESS 1st Session H. R. 132 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. King of Iowa 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 , the Judiciary , Natural Resources , House Administration , Rules , and Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. 1. Short title This Act may be cited as the ObamaCare Repeal Act . 2. Repeal of the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (a) Patient Protection and Affordable Care Act Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Health Care and Education Reconciliation Act of 2010 Effective as of the enactment of the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152), such Act is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted.

https://www.govinfo.gov/content/pkg/BILLS-113hr132ih/xml/BILLS-113hr132ih.xml

113-hr-133

I 113th CONGRESS 1st Session H. R. 133 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Massie introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal the Gun-Free School Zones Act of 1990 and amendments to that Act. 1. Short title This Act may be cited as the Citizens Protection Act of 2013 . 2. Repeal of the Gun-Free School Zones Act of 1990 and amendments to that Act (a) In general Section 922 of title 18, United States Code, is amended by striking subsection (q). (b) Related amendments (1) Section 921(a) of such title is amended by striking paragraphs (25) through (27) and redesignating paragraphs (28), (29), and (32) through (35) as paragraphs (25) through (30), respectively. (2) Section 924(a) of such title is amended— (A) in paragraph (1)(B), by striking (k), or (q) and inserting or (k) ; and (B) by striking paragraph (4) and redesignating paragraphs (5) through (7) as paragraphs (4) through (6), respectively. (3) The Gun-Free School Zones Act of 1990 ( 18 U.S.C. 921 note, 922 note; section 1702 of Public Law 101–647; 104 Stat. 4844–4845) is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr133ih/xml/BILLS-113hr133ih.xml

113-hr-134

I 113th CONGRESS 1st Session H. R. 134 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Matheson (for himself, Mr. Coble , Mr. McCaul , and Mr. Peters of Michigan ) 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 repeal the provision of law that provides automatic pay adjustments for Members of Congress. 1. Elimination of automatic pay adjustments for Members of Congress (a) In General Paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is repealed. (b) Technical and conforming amendments Section 601(a)(1) of such Act is amended— (1) by striking (a)(1) and inserting (a) ; (2) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (3) by striking as adjusted by paragraph (2) of this subsection and inserting as from time to time adjusted by law . (c) Effective Date This section shall take effect on December 31, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr134ih/xml/BILLS-113hr134ih.xml

113-hr-135

I 113th CONGRESS 1st Session H. R. 135 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Matsui introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize improvements to flood damage reduction facilities adjacent to the American and Sacramento Rivers near Sacramento, California, and for other purposes. 1. Short title This Act may be cited as the Natomas Basin Flood Protection Improvements Act of 2013 . 2. Project Modification, American and Sacramento Rivers, California (a) In general The project for flood damage reduction, American and Sacramento Rivers, California, authorized by section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104–303; 110 Stat. 3662), and modified by section 366 of the Water Resources Development Act of 1999 ( Public Law 106–53 ; 113 Stat. 319), section 129 of the Energy and Water Development Appropriations Act, 2004 ( Public Law 108–137 ; 117 Stat. 1839), and section 130 of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (Division C of Public Law 110–161 ; 121 Stat. 1947), is further modified to authorize the Secretary of the Army to construct improvements to flood damage reduction facilities adjacent to the American and Sacramento Rivers in the vicinity of Sacramento, California, substantially in accordance with the report of the Chief of Engineers entitled American River Watershed (Common Features) Project, Natomas Basin, Sacramento and Sutter Counties, California , dated December 30, 2010, at an estimated total cost of $1,389,500,000, with an estimated Federal cost of $921,200,000 and an estimated non-Federal cost of $468,300,000. (b) Credit for non-Federal work (1) In general The non-Federal interest shall receive credit for expenses and in-kind contributions incurred by the non-Federal interest for planning, design, and construction of the project and acquisition of lands, easements, rights-of-way, relocations, and dredged material disposal areas for the project. (2) Application of credit Such credit shall be applied toward the non-Federal share of— (A) the project; or (B) any other project for which the non-Federal interest has entered into a cost-sharing agreement with the Secretary. (3) Limitation on statutory construction Nothing in this subsection may be construed to limit the ability of the non-Federal interest to pursue credit or reimbursement for work performed by the non-Federal interest in connection with the project under any other authority, rule, or procedure, including section 104 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2214 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr135ih/xml/BILLS-113hr135ih.xml

113-hr-136

I 113th CONGRESS 1st Session H. R. 136 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Ms. Matsui introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To authorize certain civil works projects, and for other purposes. 1. Short title This Act may be cited as the Flood Protection Public Safety Act of 2013 . 2. Authorization of certain flood risk management projects The Secretary of the Army, acting through the Chief of Engineers, is authorized to implement any flood risk management project for which, before the date of enactment of this Act, the Secretary of the Army has transmitted to Congress a letter that includes— (1) a description of the project as recommended in a report by the Chief of Engineers that concludes that the project is technically sound, environmentally acceptable, and economically justified; and (2) notification that the Office of Management and Budget has concluded that the recommendations in the report are consistent with the policy and programs of the President.

https://www.govinfo.gov/content/pkg/BILLS-113hr136ih/xml/BILLS-113hr136ih.xml

113-hr-137

I 113th CONGRESS 1st Session H. R. 137 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To ensure that all individuals who should be prohibited from buying a firearm are listed in the national instant criminal background check system and require a background check for every firearm sale. 1. Short title; table of contents (a) Short title This Act may be cited as the Fix Gun Checks 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. TITLE I—Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System Sec. 101. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System. Sec. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law. Sec. 103. Adjudicated as a mental defective; mental health assessment plan. Sec. 104. Clarification of the definition of drug abusers and drug addicts who are prohibited from possessing firearms. TITLE II—Requiring a background check for every firearm sale Sec. 201. Purpose. Sec. 202. Firearms transfers. Sec. 203. Effective date. I Ensuring that all individuals who should be prohibited from buying a gun are listed in the National Instant Criminal Background Check System 101. Penalties for States that do not make data electronically available to the National Instant Criminal Background Check System (a) In general Section 104(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended to read as follows: (b) Penalties (1) Discretionary reduction During the 2-year period beginning 3 years after January 8, 2008, the Attorney General may withhold not more than 3 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ) if the State provides less than 50 percent of the records required to be provided under sections 102 and 103. (2) Mandatory reductions (A) During the 2-year period after the expiration of the period referred to in paragraph (1) , the Attorney General shall withhold 4 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) if the State provides less than 70 percent of the records required to be provided under sections 102 and 103. (B) After the expiration of the period referred to in subparagraph (A) , the Attorney General shall withhold 5 percent of the amount that would otherwise be allocated to a State under section 505 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ), if the State provides less than 90 percent of the records required to be provided under sections 102 and 103. . (b) Reporting of State compliance Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Attorney General shall publish, and make available on a publicly accessible website, a report that ranks the States by the ratio of number of records submitted by each State under sections 102 and 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) to the estimated total number of available records of the State. 102. Requirement that Federal agencies certify that they have submitted to the National Instant Criminal Background Check System all records identifying persons prohibited from purchasing firearms under Federal law Section 103(e)(1) of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note) is amended by adding at the end the following: (F) Semiannual certification and reporting (i) In general The head of each Federal department or agency shall submit to the Attorney General a written certification indicating whether the department or agency has provided to the Attorney General the pertinent information contained in any record of any person that the department or agency was in possession of during the time period addressed by the report demonstrating that the person falls within a category described in subsection (g) or (n) of section 922 of title 18, United States Code. (ii) Submission dates The head of a Federal department or agency shall submit a certification under clause (i)— (I) not later than July 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on January 1 of the year and ending on June 30 of the year; and (II) not later than January 31 of each year, which shall address any record the department or agency was in possession of during the period beginning on July 1 of the previous year and ending on December 31 of the previous year. (iii) Contents A certification required under clause (i) shall state, for the applicable period— (I) the number of records of the Federal department or agency demonstrating that a person fell within each of the categories described in section 922(g) of title 18, United States Code; (II) the number of records of the Federal department or agency demonstrating that a person fell within the category described in section 922(n) of title 18, United States Code; and (III) for each category of records described in subclauses (I) and (II), the total number of records of the Federal department or agency that have been provided to the Attorney General. . 103. Adjudicated as a mental defective (a) In general Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) The term adjudicated as a mental defective shall— (A) have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto; and (B) include an order by a court, board, commission, or other lawful authority that a person, in response to mental illness, incompetency, or marked subnormal intelligence, be compelled to receive services— (i) including counseling, medication, or testing to determine compliance with prescribed medications; and (ii) not including testing for use of alcohol or for abuse of any controlled substance or other drug. (37) The term committed to a mental institution shall have the meaning given the term in section 478.11 of title 27, Code of Federal Regulations, or any successor thereto. . (b) Limitation An individual who has been adjudicated as a mental defective before the effective date described in section 203 may not apply for relief from disability under section 101(c)(2) of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note) on the basis that the individual does not meet the requirements in section 921(a)(36) of title 18, United States Code, as added by subsection (a). (c) NICS Improvement Amendments Act of 2007 Section 3 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by striking paragraph (2) and inserting the following: (2) Mental health terms (A) In general Except as provided in subparagraph (B), the terms adjudicated as a mental defective and committed to a mental institution shall have the meaning given the terms in section 921(a) of title 18, United States Code. (B) Exception For purposes of sections 102 and 103, the terms adjudicated as a mental defective and committed to a mental institution shall have the same meanings as on the day before the date of enactment of the Fix Gun Checks Act of 2013 until the end of the 2-year period beginning on such date of enactment. . 104. Clarification that Federal court information is to be made available to the National Instant Criminal Background Check System Section 103(e)(1) of the Brady Handgun Violence Protection Act ( 18 U.S.C. 922 note), as amended by section 102 of this Act, is amended by adding at the end the following: (G) Application to Federal courts In this paragraph— (i) the terms department or agency of the United States and Federal department or agency include a Federal court; and (ii) for purposes of any request, submission, or notification, the Director of the Administrative Office of the United States Courts shall perform the functions of the head of the department or agency. . II Requiring a background check for every firearm sale 201. Purpose The purpose of this title is to extend the Brady Law background check procedures to all sales and transfers of firearms. 202. Firearms transfers (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Background checks for firearm transfers by unlicensed persons (a) Definitions In this section— (1) the term unlicensed transferee means a person who— (A) is not licensed under this chapter; and (B) desires to received a firearm from an unlicensed transferor; and (2) the term unlicensed transferor means a person who— (A) is not licensed under this chapter; and (B) desires to transfer a firearm to an unlicensed transferee. (b) Responsibilities of transferors other than licensees (1) In general It shall be unlawful for an unlicensed transferor to transfer a firearm to an unlicensed transferee, unless the firearm is transferred— (A) (i) through a licensed dealer under subsection (d); (ii) after inspecting a permit that confirms a background check under subsection (f); or (iii) in accordance with an exception described in subsection (g); and (B) in accordance with paragraph (2). (2) Criminal background checks Except as provided in subsection (g), an unlicensed transferor— (A) subject to subparagraph (B), may not transfer a firearm to an unlicensed transferee until— (i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or (ii) the unlicensed transferee has presented a permit that confirms that a background check has been conducted, as described in subsection (f); and (B) may not transfer a firearm to an unlicensed transferee if the licensed dealer through which the transfer is made under subsection (d) makes the notification described in subsection (d)(3)(B). (3) Absence of recordkeeping requirements Nothing in this section shall permit or authorize the Attorney General to impose recordkeeping requirements on any unlicensed transferor. (c) Responsibilities of transferees other than licensees (1) In general It shall be unlawful for an unlicensed transferee to receive a firearm from an unlicensed transferor, unless the firearm is transferred— (A) (i) through a licensed dealer under subsection (d); (ii) after inspecting a permit that confirms a background check in accordance with subsection (f); or (iii) in accordance with an exception described in subsection (g); and (B) in accordance with paragraph (2). (2) Criminal background checks Except as provided in subsection (f), an unlicensed transferee— (A) subject to subparagraph (B), may not receive a firearm from an unlicensed transferor until— (i) the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(A); or (ii) the unlicensed transferee has presented a permit that confirms that a background check described in subsection (f) has been conducted; and (B) may not receive a firearm from another unlicensed transferor if the licensed dealer through which the transfer is made under subsection (d) makes a notification described in subsection (d)(3)(B). (d) Background checks through licensed dealers A licensed dealer who agrees to assist in the transfer of a firearm between unlicensed transferor and an unlicensed transferee shall— (1) enter such information about the firearm as the Attorney General may require by regulation into a separate bound record; (2) record the transfer on a form specified by the Attorney General; (3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed dealer to the unlicensed transferee (except that a licensed dealer assisting in the transfer of a firearm under this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the unlicensed transferee) and notify the unlicensed transferor and unlicensed transferee— (A) of such compliance; and (B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or State law; (4) not later than 31 days after the date on which the transfer occurs, submit to the Attorney General a report of the transfer, which— (A) shall be on a form specified by the Attorney General by regulation; and (B) shall not include the name of or other identifying information relating to the unlicensed transferor or unlicensed transferee; (5) if the licensed dealer assists an unlicensed transferor in transferring, at the same time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same unlicensed transferee, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which shall— (A) be prepared on a form specified by the Attorney General; and (B) not later than the close of business on the date on which the transfer requiring the report under this paragraph occurs, be submitted to— (i) the office specified on the form described in subparagraph (A); and (ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and (6) retain a record of the transfer as part of the permanent business records of the licensed dealer. (e) Purchase permits confirming background checks An unlicensed transferor may transfer a firearm to an unlicensed transferee if the unlicensed transferor verifies that— (1) the unlicensed transferee has presented to a licensed dealer a permit or license that allows the unlicensed transferee to possess, acquire, or carry a firearm, and the licensed dealer has verified to the unlicensed transferor that the permit or license is valid; (2) the permit or license was issued not more than 5 years before the date on which the permit or license is presented under paragraph (1) by a law enforcement agency in the State in which the transfer is to take place; (3) the law of the State provides that the permit or license is to be issued only after a law enforcement official has verified that neither the national instant criminal background check system nor other information indicates that possession of a firearm by the unlicensed transferee would be in violation of Federal, State, or local law; and (4) if the permit or license does not include a photograph of the unlicensed transferee, the unlicensed transferor has examined a valid identification document (as defined in section 1028(d)) of the unlicensed transferee containing a photograph of the unlicensed transferee. (f) Exceptions Unless prohibited by any other provision of law, subsections (b) and (c) shall not apply to any transfer of a firearm between an unlicensed transferor and unlicensed transferee, if— (1) the transfer is a bona fide gift between immediate family members, including spouses, parents, children, siblings, grandparents, and grandchildren; (2) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will; (3) the transfer is temporary and occurs while in the home of the unlicensed transferee, if— (A) the unlicensed transferee is not otherwise prohibited from possessing firearms; and (B) the unlicensed transferee believes that possession of the firearm is necessary to prevent imminent death or great bodily harm to the unlicensed transferee; (4) the transfer is approved by the Attorney General under section 5812 of the Internal Revenue Code of 1986; or (5) upon application of the unlicensed transferor, the Attorney General determined that compliance with subsection (b) is impracticable because— (A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; (B) the location at which the transfer is to occur is extremely remote in relation to the chief law enforcement officer (as defined in section 922(s)(8)); and (C) there is an absence of telecommunications facilities in the geographical area in which the unlicensed transferor is located; or (6) the transfer is a temporary transfer of possession without transfer of title that takes place— (A) at a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms; (B) at a target firearm shooting competition under the auspices of or approved by a State agency or nonprofit organization; or (C) while hunting, fishing, or trapping, if— (i) the activity is legal in all places where the unlicensed transferee possesses the firearm; and (ii) the unlicensed transferee holds any required license or permit. (g) Processing fees A licensed dealer that processes the transfer of a firearm under this section may assess and collect a fee, in an amount not to exceed $15, with respect to each firearm transfer processed. . (b) Penalties Section 924(a)(5) of title 18, United States Code, is amended by inserting or section 932 after section 922 . (c) Conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Background checks for firearm transfers by unlicensed persons. . 203. Effective date The amendments made by this Act shall take effect 180 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr137ih/xml/BILLS-113hr137ih.xml

113-hr-138

I 113th CONGRESS 1st Session H. R. 138 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York (for herself and Ms. DeGette ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the transfer or possession of large capacity ammunition feeding devices, and for other purposes. 1. Short title This Act may be cited as the Large Capacity Ammunition Feeding Device Act . 2. Prohibition on transfer or possession of large capacity ammunition feeding devices (a) Definition Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: (30) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; but (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Prohibitions Section 922 of such title is amended by inserting after subsection (u) the following: (v) (1) (A) (i) Except as provided in clause (ii), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device. (ii) Clause (i) shall not apply to the possession of a large capacity ammunition feeding device otherwise lawfully possessed within the United States on or before the date of the enactment of this subsection. (B) It shall be unlawful for any person to import or bring into the United States a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to— (A) a manufacture for, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a transfer to or possession by a law enforcement officer employed by such an entity for purposes of law enforcement (whether on or off duty); (B) a transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such a licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device transferred to the individual by the agency upon that retirement; or (D) a manufacture, transfer, or possession of a large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. . (c) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) Whoever knowingly violates section 922(v) shall be fined under this title, imprisoned not more than 10 years, or both. . (d) Identification markings Section 923(i) of such title is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of the enactment of this sentence shall be identified by a serial number that clearly shows that the device was manufactured after such date of enactment, and such other identification as the Attorney General may by regulation prescribe. .

https://www.govinfo.gov/content/pkg/BILLS-113hr138ih/xml/BILLS-113hr138ih.xml

113-hr-139

I 113th CONGRESS 1st Session H. R. 139 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on Natural Resources A BILL To preserve the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, as wilderness in recognition of its extraordinary natural ecosystems and for the permanent good of present and future generations of Americans. 1. Short title This Act may be cited as the Udall-Eisenhower Arctic Wilderness Act . 2. Findings and statement of policy (a) Findings The Congress finds the following: (1) Americans cherish the continued existence of expansive, unspoiled wilderness ecosystems and wildlife found on their public lands, and feel a strong moral responsibility to protect this wilderness heritage as an enduring resource to bequeath undisturbed to future generations of Americans. (2) It is widely believed by ecologists, wildlife scientists, public land specialists, and other experts that the wilderness ecosystem centered around and dependent upon the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, represents the very epitome of a primeval wilderness ecosystem and constitutes the greatest wilderness area and diversity of wildlife habitats of its kind in the United States. (3) President Dwight D. Eisenhower initiated protection of the wilderness values of the Arctic coastal plain in 1960 when he set aside 8,900,000 acres establishing the Arctic National Wildlife Range expressly for the purpose of preserving unique wildlife, wilderness and recreational values . (4) In 1980, when the Congress acted to strengthen the protective management of the Eisenhower-designated area with the enactment of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ), Representative Morris K. Udall led the effort to more than double the size of the Arctic National Wildlife Refuge and extend statutory wilderness protection to most of the original area. (5) Before the enactment of the Alaska National Interest Lands Conservation Act, the House of Representatives twice passed legislation that would have protected the entire Eisenhower-designated area as wilderness, including the Arctic coastal plain. (6) A majority of Americans have supported and continue to support preserving and protecting the Arctic National Wildlife Refuge, including the Arctic coastal plain, from any industrial development and consider oil and gas exploration and development in particular to be incompatible with the purposes for which this incomparable wilderness ecosystem has been set aside. (7) When the Arctic National Wildlife Refuge was established in 1980 by paragraph (2) of section 303 of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ; 94 Stat. 2390; 16 U.S.C. 668dd note), subparagraph (B)(iii) of such paragraph specifically stated that one of the purposes for which the Arctic National Wildlife Refuge is established and managed would be to provide the opportunity for continued subsistence uses by local residents, and, therefore, the lands designated as wilderness within the Refuge, including the area designated by this Act, are and will continue to be managed consistent with such subparagraph. (8) Canada has taken action to preserve those portions of the wilderness ecosystem of the Arctic that exist on its side of the international border and provides strong legal protection for the habitat of the Porcupine River caribou herd that migrates annually through both countries to calve on the Arctic coastal plain. (9) The extension of full wilderness protection for the Arctic coastal plain within the Arctic National Wildlife Refuge will still leave most of the North Slope of Alaska available for the development of energy resources, which will allow Alaska to continue to contribute significantly to meeting the energy needs of the United States without despoiling the unique Arctic coastal plain of the Arctic National Wildlife Refuge. (b) Statement of Policy The Congress hereby declares that it is the policy of the United States— (1) to honor the decades of bipartisan efforts that have increasingly protected the great wilderness ecosystem of the Arctic coastal plain; (2) to sustain this natural treasure for the current generation of Americans; and (3) to do everything possible to protect and preserve this magnificent natural ecosystem so that it may be bequeathed in its unspoiled natural condition to future generations of Americans. 3. Designation of additional wilderness, Arctic National Wildlife Refuge, Alaska (a) Inclusion of arctic coastal plain In furtherance of the Wilderness Act (16 U.S.C. 1131 et seq.), an area within the Arctic National Wildlife Refuge in the State of Alaska comprising approximately 1,559,538 acres, as generally depicted on a map entitled Arctic National Wildlife Refuge—1002 Area Alternative E—Wilderness Designation and dated October 28, 1991, is hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The map referred to in this subsection shall be available for inspection in the offices of the Secretary of the Interior. (b) Administration The Secretary of the Interior shall administer the area designated as wilderness by subsection (a) in accordance with the Wilderness Act as part of the wilderness area already in existence within the Arctic National Wildlife Refuge as of the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr139ih/xml/BILLS-113hr139ih.xml

113-hr-140

I 113th CONGRESS 1st Session H. R. 140 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. King of Iowa (for himself, Mr. Gingrey of Georgia , Mr. Westmoreland , Mr. Woodall , Mr. Jones , Mr. Brooks of Alabama , Mrs. Black , Ms. Foxx , Mr. Culberson , Mr. Miller of Florida , Mr. Conaway , Mr. Gohmert , Mr. Nugent , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 301 of the Immigration and Nationality Act to clarify those classes of individuals born in the United States who are nationals and citizens of the United States at birth. 1. Short title This Act may be cited as the Birthright Citizenship Act of 2013 . 2. Citizenship at birth for certain persons born in the United States (a) In general Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended— (1) by inserting (a) In general.— before The following ; (2) by redesignating subsections (a) through (h) as paragraphs (1) through (8), respectively; and (3) by adding at the end the following: (b) Definition Acknowledging the right of birthright citizenship established by section 1 of the 14th amendment to the Constitution, a person born in the United States shall be considered ‘subject to the jurisdiction’ of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is— (1) a citizen or national of the United States; (2) an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or (3) an alien performing active service in the armed forces (as defined in section 101 of title 10, United States Code). . (b) Applicability The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr140ih/xml/BILLS-113hr140ih.xml

113-hr-141

I 113th CONGRESS 1st Session H. R. 141 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require criminal background checks on all firearms transactions occurring at gun shows. 1. Short title This Act may be cited as the Gun Show Loophole Closing Act of 2013 . 2. Gun show background check (a) Findings The Congress finds that— (1) approximately 5,200 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and unlicensed firearms sellers; and (2) gun shows at which firearms are exhibited or offered for sale or exchange provide a convenient and centralized commercial location where criminals and other prohibited persons obtain firearms without background checks and without records that enable firearm tracing. (b) Definitions Section 921(a) of title 18, United States Code, is amended by adding at the end the following: (36) Gun show The term gun show — (A) means any event at which 50 or more firearms are offered or exhibited for sale, exchange, or transfer, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; (B) does not include an offer or exhibit of firearms for sale, exchange, or transfer by an individual from the personal collection of that individual, at the private residence of that individual, if the individual is not required to be licensed under section 923; and (C) does not include an offer or exhibit of firearms for sale, exchange, or transfer at events— (i) where not more than 100 firearms are offered or exhibited for sale, exchange or transfer; (ii) that are conducted by private, not-for-profit organizations whose primary purpose is owning and maintaining real property for the purpose of hunting activities; and (iii) that are attended only by permanent or annual dues-paying members of the organizations, and the members of the immediate families of the dues-paying members. (37) Gun show vendor The term gun show vendor means a person who is not licensed under section 923 and who exhibits, sells, offers for sale, transfers, or exchanges a firearm at a gun show, regardless of whether or not the person arranges with the gun show operator for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange the firearm. . (c) Regulation of firearms transfers at gun shows (1) In general Chapter 44 of such title is amended by adding at the end the following: 932. Regulation of firearms transfers at gun shows (a) Registration of gun show operators It shall be unlawful for a person to operate a gun show, unless— (1) the person has attained 21 years of age; (2) the person (and, if the person is a corporation, partnership, or association, each individual possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of the corporation, partnership, or association) is not prohibited by subsection (g) or (n) of section 922 from transporting, shipping, or receiving firearms or ammunition in interstate or foreign commerce; (3) the person has not willfully violated any provision of this chapter or regulation issued under this chapter; (4) the person has registered with the Attorney General as a gun show operator, in accordance with regulations promulgated by the Attorney General, and as part of the registration— (A) has provided the Attorney General with a photograph and the fingerprints of the person; and (B) has certified that the person meets the requirements of subparagraphs (A) through (D) of section 923(d)(1); (5) the person has not willfully failed to disclose any material information required, and has not made any false statement as to any material fact, in connection with the registration; and (6) the person has paid the Attorney General a fee for the registration, in an amount determined by the Attorney General. (b) Responsibilities of gun show operators (1) In general It shall be unlawful for a person to operate a gun show, unless the person— (A) not later than 30 days before the commencement of the gun show, notifies the Attorney General, in writing, of the date, time, duration, and location of the gun show, and the identity of each person who will be a gun show vendor at the gun show; (B) before commencement of the gun show— (i) verifies the identity of each individual who will be a gun show vendor at the gun show by examining a valid identification document (as defined in section 1028(d)(3)) of the individual containing a photograph of the individual; and (ii) requires each such individual to sign— (I) a ledger, and enter into the ledger identifying information concerning the individual; and (II) a notice which sets forth the obligations of a gun show vendor under this chapter; and (C) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Attorney General shall prescribe. (2) Recordkeeping A person who operates, or has operated, a gun show shall maintain records demonstrating compliance with paragraph (1)(B), at such place, for such period of time, and in such form as the Attorney General shall require by regulation, or transmit the records to the Attorney General. (c) Background check required before transfer of firearm between unlicensed persons It shall be unlawful for a person who is not licensed under this chapter to transfer possession of, or title to, a firearm at, or on the curtilage of, a gun show, to another person who is not so licensed, or for a person who is not so licensed to receive possession of, or title to, a firearm at, or on the curtilage of, a gun show from another person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer— (1) has entered into a separate bound record the make, model, and serial number of the firearm, and such other information about the transaction as the Attorney General may require by regulation; and (2) has notified the prospective transferor and prospective transferee of the firearm that the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act has provided the licensee with a unique identification number, indicating that receipt of the firearm by the prospective transferee would not violate section 922 of this title or State law. (d) Recordkeeping requirements (1) In general A licensee who provides a notice pursuant to subsection (c)(2) with respect to the transfer of a firearm shall— (A) not later than 10 days after the date of the transfer, submit to the Attorney General a report of the transfer, which report shall specify the make, model, and serial number of the firearm, and contain such other information and be on such form, as the Attorney General shall require by regulation, except that the report shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; and (B) retain a record of the transfer, including the same information as would be required if the transfer were from the inventory of the licensee, as part of the permanent business records of the licensee. (2) Limitation The Attorney General may not impose any recordkeeping requirement on any gun show vendor by reason of this section. . (2) Penalties Section 924(a) of such title is amended by adding at the end the following: (8) (A) Whoever knowingly violates subsection (a) or (d) of section 932 shall be fined under this title, imprisoned not more than 5 years, or both. (B) Whoever knowingly violates subsection (b) or (c) of section 932, shall be— (i) fined under this title, imprisoned not more than 2 years, or both; and (ii) in the case of a second or subsequent conviction, fined under this title, imprisoned not more than 5 years, or both. (C) In addition to any other penalties imposed under this paragraph, the Attorney General may, with respect to any person who knowingly violates any provision of section 932— (i) if the person is registered pursuant to section 932(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 932(a); and (ii) impose a civil fine in an amount equal to not more than $10,000. . (3) Clerical amendment The table of contents for such chapter is amended by adding at the end the following: Sec. 932. Regulation of firearms transfers at gun shows. . (d) Inspection authority Section 923(g)(1) of such title is amended by adding at the end the following: (E) Notwithstanding subparagraph (B) of this paragraph, the Attorney General may enter during business hours any place where a gun show operator operates a gun show or is required to maintain records pursuant to section 932(b)(2), for purposes of examining the records required by sections 923 and 932 and the inventory of licensees conducting business at the gun show. The entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show operators and licensees conducting business at the gun show, and shall not require a showing of reasonable cause or a warrant. . (e) Reports of multiple sales assisted by licensees at gun shows Section 923(g)(3)(A) of such title is amended by inserting or provides pursuant to section 932(c)(2) notice with respect to, after sells or otherwise disposes of, . (f) Increased penalties for serious recordkeeping violations by licensees Section 924(a)(3) of such title is amended to read as follows: (3) (A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m), shall be fined under this title, imprisoned not more than 1 year, or both. (B) If the violation described in subparagraph (A) is in relation to an offense— (i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or (ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both. . (g) Increased penalties for violations of criminal background check requirements (1) Penalties Section 924(a)(5) of such title is amended— (A) by striking subsection (s) or (t) of section 922 and inserting section 922(t) ; and (B) by striking 1 and inserting 5 . (2) Elimination of certain elements of offense Section 922(t)(5) of such title is amended by striking and, at the time and all that follows through State law . (h) Authority To hire personnel To inspect gun shows The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives may hire at least 40 additional Industry Operations Investigators for the purpose of carrying out inspections of gun shows (as defined in section 921(a)(36) of title 18, United States Code). (i) Report to the Congress The Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall submit biennial reports to the Congress on how firearms (as defined in section 921(a)(3) of title 18, United States Code) are sold at gun shows (as defined in paragraph (36) of such section), how this section is being carried out, whether firearms are being sold without background checks conducted by the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act, what resources are needed to carry out this section, and any recommendations for improvements to ensure that firearms are not sold without the background checks. (j) Effective date This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr141ih/xml/BILLS-113hr141ih.xml

113-hr-142

I 113th CONGRESS 1st Session H. R. 142 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require face to face purchases of ammunition, to require licensing of ammunition dealers, and to require reporting regarding bulk purchases of ammunition. 1. Short title This Act may be cited as the Stop Online Ammunition Sales Act of 2013 . 2. Limitations on purchases of ammunition (a) Licensing of ammunition dealers (1) In general Section 923(a) of title 18, United States Code, is amended in the matter preceding paragraph (1), in the first sentence, by striking , or importing or manufacturing and inserting or . (2) Conforming amendment Section 921(a)(11)(A) of title 18, United States Code, is amended by inserting or ammunition after firearms . (b) Requirement for face to face sales of and licensing To sell ammunition Section 922 of such title is amended— (1) in subsection (a)(1)— (A) by striking for any person— and all that follows through (A) except and inserting (A) for any person except ; and (B) by striking subparagraph (B) and inserting the following: (B) for— (i) any person except a licensed importer, licensed manufacturer, or licensed dealer, to— (I) sell ammunition, except that this subclause shall not apply to a sale of ammunition by a person to a licensed importer, licensed manufacturer, or licensed dealer; or (II) engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition; or (ii) a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to a person unless the licensed importer, licensed manufacturer, or licensed dealer has verified the identity of the transferee by examining a valid identification document (as defined in section 1028(d) of this title) of the transferee containing a photograph of the transferee; ; and (2) in subsection (b)(5), by striking or armor-piercing . (c) Limit on shipping and transporting of ammunition Section 922(a)(2) of such title is amended— (1) in the matter preceding subparagraph (A), by inserting , or to ship or transport any ammunition, after any firearm ; and (2) in subparagraph (B), by inserting or ammunition after a firearm . (d) Recordkeeping regarding ammunition (1) In general Section 923(g) of such title is amended— (A) in paragraph (1)(A)— (i) in the first sentence, by inserting or ammunition after other disposition of firearms ; and (ii) in the third sentence, by striking , or any licensed importer or manufacturer of ammunition, and inserting , or any licensed importer, manufacturer, or dealer of ammunition, ; and (B) in paragraph (3), by adding at the end the following: (C) Each licensee shall prepare a report of multiple sales or other dispositions whenever the licensee sells or otherwise disposes of, at one time or during any 5 consecutive business days, more than 1,000 rounds of ammunition to an unlicensed person. The report shall be prepared on a form specified by the Attorney General and forwarded to the office specified thereon and to the department of State police or State law enforcement agency of the State or local law enforcement agency of the local jurisdiction in which the sale or other disposition took place, not later than the close of business on the day that the multiple sale or other disposition occurs. . (2) Conforming amendment Section 4182(d) of the Internal Revenue Code of 1986 (relating to exemptions relating to firearms) is amended by inserting and except as provided in paragraph (1)(A) and (3)(C) of section 923(g) of title 18, United States Code, before no person holding a Federal license .

https://www.govinfo.gov/content/pkg/BILLS-113hr142ih/xml/BILLS-113hr142ih.xml

113-hr-143

I 113th CONGRESS 1st Session H. R. 143 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Rigell introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide that matching contributions to the Thrift Savings Fund for Members of Congress be made contingent on Congress completing action on a concurrent resolution on the budget, for the fiscal year involved, which reduces the deficit, and for other purposes. 1. Short title This Act may be cited as the Lead By Example Act . 2. Condition Section 8432(c) of title 5, United States Code, is amended by adding at the end the following: (4) (A) Notwithstanding any other provision of this section, no contribution under this subsection may be made for the benefit of any Member— (i) with respect to any pay period beginning before the date on which Congress completes action on a concurrent resolution on the budget for the fiscal year in which the first day of such pay period occurs; and (ii) unless— (I) the deficit for the fiscal year referred to in clause (i) (as set forth in the concurrent resolution on the budget for such fiscal year), is less than (II) the deficit for the preceding fiscal year (as set forth in the concurrent resolution on the budget for such preceding fiscal year). (B) If a determination under subparagraph (A)(ii) cannot be made with respect to a fiscal year (as referred to in subclause (I) thereof) due to a failure by Congress to complete action on a concurrent resolution on the budget for the preceding fiscal year (as referred to in subclause (II) thereof) the condition under subparagraph (A)(ii) shall be considered not to have been met for purposes of the fiscal year referred to in subclause (I) thereof. (C) Clause (ii) of subparagraph (A) and subparagraph (B) shall cease to apply after the date on which Congress completes action on a concurrent resolution on the budget for the first fiscal year, following the date of the enactment of this paragraph, for which there is no deficit (as determined based on the concurrent resolution on the budget for such fiscal year). (D) For purposes of this paragraph, the terms concurrent resolution on the budget and deficit have the respective meanings given them by section 3 of the Congressional Budget and Impoundment Control Act of 1974. . 3. Effective date The amendment made by this Act shall be effective with respect to contributions for pay periods beginning in any fiscal year which begins after the date of the enactment of this Act.

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113-hr-144

I 113th CONGRESS 1st Session H. R. 144 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to provide for the appointment of additional Federal circuit judges, to divide the Ninth Judicial Circuit of the United States into two judicial circuits, and for other purposes. 1. Short title This Act may be cited as the Ninth Circuit Court of Appeals Judgeship and Reorganization Act of 2013 . 2. Definitions In this Act— (1) the term former ninth circuit means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act; (2) the term new ninth circuit means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A); and (3) the term twelfth circuit means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). 3. Number and composition of circuits Section 41 of title 28, United States Code, is amended— (1) in the matter preceding the table, by striking thirteen and inserting fourteen ; and (2) in the table— (A) by striking the item relating to the ninth circuit and inserting the following: Ninth California, Guam, Hawaii, Northern Mariana Islands. ; and (B) by inserting after the item relating to the eleventh circuit the following: Twelfth Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington. . 4. Judgeships (a) New judgeships (1) For former Ninth Circuit The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit. The official duty station of a judge appointed under this paragraph shall be in Arizona, California, or Nevada. (2) For new Ninth Circuit The President shall appoint, by and with the advice and consent of the Senate, 3 circuit judges for the new ninth circuit. The judges authorized by this paragraph shall not be appointed before January 21, 2014. (b) Temporary judgeships (1) Appointment of judges The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit. The official duty station of a judge appointed under this paragraph shall be in Arizona, California, or Nevada. (2) Effect of vacancies The first 2 vacancies occurring on the new ninth circuit 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective date This section shall take effect on the date of the enactment of this Act. 5. Number of circuit judges The table contained in section 44(a) of title 28, United States Code, is amended— (1) by striking the item relating to the ninth circuit and inserting the following: Ninth 25 ; and (2) by inserting after the item relating to the eleventh circuit the following: Twelfth 9 . 6. Places of circuit court The table contained in section 48(a) of title 28, United States Code, is amended— (1) by striking the item relating to the ninth circuit and inserting the following: Ninth Honolulu, San Francisco, Pasadena. ; and (2) by inserting after the item relating to the eleventh circuit the following: Twelfth Phoenix, Seattle. . 7. Assignment of circuit judges (a) In general Except as provided in subsection (b), each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act— (1) is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of such effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of such effective date. (b) Special rule To ensure statutory distribution of judges If the assignment of judges under subsection (a) would result in a number of judges in either the new ninth circuit or the twelfth circuit that exceeds the number provided for that circuit in the table contained in section 44(a) of title 28, United States Code, as amended by section 5 of this Act, then a number of judges accounting for such excess who are the least senior in commission shall be assigned to the other circuit. 8. Election of assignment by senior judges Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act may elect to be assigned to the new ninth circuit or to the twelfth circuit as of such effective date, and shall notify the Director of the Administrative Office of the United States Courts of such election. 9. Seniority of judges The seniority of each judge— (1) who is assigned under section 7, or (2) who elects to be assigned under section 8, shall run from the date of commission of such judge as a judge of the former ninth circuit. 10. Application to cases The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) If the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect at the time such appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in such court. (3) A petition for rehearing or a petition for rehearing en banc in a matter decided before the effective date of this Act, or submitted before the effective date of this Act and decided on or after such effective date as provided in paragraph (1), shall be treated in the same manner and with the same effect as though this Act had not been enacted. If a petition for rehearing en banc is granted, the matter shall be reheard by a court comprised as though this Act had not been enacted. 11. Temporary assignment of circuit judges between circuits Section 291 of title 28, United States Code, is amended by adding at the end the following new subsections: (c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. (d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit. . 12. Temporary assignment of district judges between circuits Section 292 of title 28, United States Code, is amended by adding at the end the following new subsections: (f) The chief judge of the Ninth Circuit may in the public interest— (1) upon request by the chief judge of the Twelfth Circuit, designate and assign one or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit or a division thereof whenever the business of that court so requires; and (2) designate and assign temporarily any district judge of the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. (g) The chief judge of the Twelfth Circuit may in the public interest— (1) upon request by the chief judge of the Ninth Circuit, designate and assign one or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit or a division thereof whenever the business of that court so requires; and (2) designate and assign temporarily any district judge of the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. (h) Any designation and assignment of a judge under subsection (f)(1) or (g)(1) shall be in conformity with the rules or orders of the court of appeals of the circuit to which the judge is designated and assigned. . 13. Administrative coordination Section 332 of title 28, United States Code, is amended by adding at the end the following new subsection: (i) Any 2 contiguous circuits may jointly carry out such administrative functions and activities as the judicial councils of the 2 circuits determine may benefit from coordination or consolidation. . 14. Administration The United States Court of Appeals for the Ninth Circuit as constituted on the day before the effective date of this Act may take such administrative action as may be required to carry out this Act and the amendments made by this Act. Such court shall cease to exist for administrative purposes upon the expiration of the 2-year period beginning on the effective date of this Act. 15. Effective date Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect on the first day of the first fiscal year that begins after the expiration of the 9-month period beginning on the first date on which 5 of the judges authorized to be appointed under section 4 have been confirmed by the United States Senate. 16. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities.

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113-hr-145

I 113th CONGRESS 1st Session H. R. 145 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish certain wilderness areas in central Idaho and to authorize various land conveyances involving National Forest System land and Bureau of Land Management land in central Idaho. 1. Short title; table of contents (a) Short title This Act may be cited as the Central Idaho Economic Development and Recreation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Wilderness designations Sec. 101. Additions to the National Wilderness Preservation System. Sec. 102. Administration. Sec. 103. Water rights. Sec. 104. Military overflights. Sec. 105. Adjacent management. Sec. 106. Native American cultural and religious uses. Sec. 107. Acquisition of land and interests in land. Sec. 108. Wilderness review. TITLE II—Land conveyances for public purposes Sec. 201. Blaine County, Idaho. Sec. 202. Custer County, Idaho. Sec. 203. City of Clayton, Idaho. Sec. 204. Terms and conditions of permits or land conveyances. TITLE III—Travel management Sec. 301. Trail management. 2. Definitions In this Act: (1) Secretary The term Secretary means— (A) the Secretary of Agriculture, with respect to land administered by the Forest Service; or (B) the Secretary of the Interior, with respect to land administered by the Bureau of Land Management. (2) Wilderness area The term wilderness area means any of the areas designated as a component of the National Wilderness Preservation System by section 101(a). I Wilderness designations 101. Additions to the National Wilderness Preservation System (a) In general In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State of Idaho are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Hemingway-boulders wilderness Certain Federal land in the Sawtooth and Challis National Forests, comprising approximately 110,370 acres, as generally depicted on the map entitled Hemingway-Boulders Proposed Wilderness and dated October 20, 2008, which shall be known as the Hemingway-Boulders Wilderness . (2) White clouds wilderness Certain Federal land in the Sawtooth and Challis National Forests, comprising approximately 90,888 acres, as generally depicted on the map entitled White Clouds Proposed Wilderness and dated October 20, 2008, which shall be known as the White Clouds Wilderness . (3) Jerry peak wilderness Certain Federal land in the Challis National Forest and Challis District of the Bureau of Land Management, comprising approximately 131,670 acres, as generally depicted on the map entitled Jerry Peak Wilderness and dated August 30, 2006, which shall be known as the Jerry Peak Wilderness . (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each wilderness area. (2) Effect Each map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map or legal description. (3) Availability Each map and legal description submitted under paragraph (1) shall be available in the appropriate offices of the Forest Service or the Bureau of Land Management. (c) Inclusion in national landscape conservation system Land administered by the Bureau of Land Management which is designated as wilderness by this section shall be included in the National Landscape Conservation System. 102. Administration (a) In general Subject to valid existing rights, each wilderness area shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) with respect to wilderness areas that are administered by the Secretary of the Interior, any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (b) Consistent interpretation The Secretary of Agriculture and the Secretary of the Interior shall seek to ensure that the wilderness areas are interpreted for the public as an overall complex linked by— (1) common location in the Boulder-White Cloud Mountains; and (2) common identity with the natural and cultural history of the State of Idaho and the Native American and pioneer heritage of the State. (c) Comprehensive wilderness management plan Not later than 3 years after the date of enactment of this Act, the Secretary of Agriculture and the Secretary of the Interior shall collaboratively develop wilderness management plans for the wilderness areas. (d) Fire, insects, and disease Within the wilderness areas, the Secretary may take such measures as the Secretary determines to be necessary for the control of fire, insects, and disease in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1131(d)(1) ). (e) Livestock (1) In general Within the wilderness areas, the grazing of livestock in which grazing is established before the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with— (A) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1131(d)(4) ); (B) with respect to wilderness areas administered by the Secretary of Agriculture, the guidelines described in House Report 96–617 of the 96th Congress; and (C) with respect to wilderness areas administered by the Secretary of the Interior, the guidelines described in appendix A of House Report 101–405 of the 101st Congress. (2) Donation of grazing permits and leases (A) Acceptance by secretary (i) In general The Secretary shall accept the donation of any valid existing leases or permits authorizing grazing on public land or National Forest System land, all or a portion of which are within the area depicted as the Boulder White Clouds Grazing Area on the map entitled Boulder White Clouds Grazing Area Map and dated January 27, 2010. (ii) Partial donation A person holding a valid grazing permit or lease for a grazing allotment partially within the area described in clause (i) may elect to donate only the portion of the grazing permit or lease that is within the area. (B) Termination With respect to each permit or lease donated under subparagraph (A), the Secretary shall— (i) terminate the grazing permit or lease or portion of the permit or lease; and (ii) except as provided in subparagraph (C), ensure a permanent end to grazing on the land covered by the permit or lease or portion of the permit or lease. (C) Common allotments (i) In general If the land covered by a permit or lease donated under subparagraph (A) is also covered by another valid grazing permit or lease that is not donated, the Secretary shall reduce the authorized level on the land covered by the permit or lease to reflect the donation of the permit or lease under subparagraph (A). (ii) Authorized level To ensure that there is a permanent reduction in the level of grazing on the land covered by the permit or lease donated under subparagraph (A), the Secretary shall not allow grazing use to exceed the authorized level established under clause (i). (D) Partial donation If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall— (i) reduce the authorized grazing level to reflect the donation; and (ii) modify the permit or lease to reflect the revised level or area of use. (f) Outfitting and guide activities In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ), commercial services (including authorized outfitting and guide activities) within the wilderness areas are authorized to the extent necessary for activities which are proper for realizing the recreational or other wilderness purposes of the wilderness areas. (g) Fish and wildlife (1) In general Nothing in this title affects the jurisdiction of the State of Idaho with respect to the management of fish and wildlife on public land in the State, including the regulation of hunting, fishing, and trapping within the wilderness areas. (2) Limitations The Secretary, in consultation with the appropriate State agency (except in an emergency), may designate areas in which, and establish periods during which, no hunting, fishing, or trapping is permitted within the wilderness areas for reasons of public safety, administration, or compliance with existing laws. (h) Access In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary shall provide the owner of State or private property within the boundary of a wilderness area adequate access to the property. 103. Water rights (a) Statutory construction Nothing in this title— (1) shall constitute either an express or implied reservation by the United States of any water rights with respect to the wilderness areas designated by section 101; (2) affects any water rights— (A) in the State of Idaho existing on the date of enactment of this Act, including any water rights held by the United States; or (B) decreed in the Snake River Basin Adjudication, including any stipulation approved by the court in such adjudication between the United States and the State of Idaho with respect to such water rights; or (3) (A) establishes a precedent with regard to any future wilderness designations; or (B) limits, alters, modifies, or amends section 9 of the Sawtooth National Recreation Area Act (16 U.S.C. 460aa–8). (b) New projects (1) Prohibition Except as otherwise provided in this Act, on and after the date of the enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility inside any of the wilderness areas designated by section 101. (2) Definition In this subsection, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. 104. Military overflights Nothing in this title restricts or precludes— (1) low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas. 105. Adjacent management (a) In general Nothing in this title creates a protective perimeter or buffer zone around a wilderness area. (b) Activities outside wilderness area The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. 106. Native American cultural and religious uses Nothing in this title diminishes the treaty rights of any Indian tribe. 107. Acquisition of land and interests in land (a) Acquisition (1) In general The Secretary may acquire any land or interest in land within the boundaries of the wilderness areas by donation, exchange, or purchase from a willing seller. (2) Land exchange Not later than 3 years after the date of enactment of this Act, the Secretary shall seek to complete an exchange for State land located within the boundaries of the wilderness areas designated by this title. (b) Incorporation in wilderness area Any land or interest in land located inside the boundary of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to, and administered as part of the, wilderness area. 108. Wilderness review (a) National forest system land Section 5 of Public Law 92–400 ( 16 U.S.C. 460aa–4 ) is repealed. (b) Public land (1) Finding Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the public land administered by the Bureau of Land Management in the following wilderness study areas have been adequately studied for wilderness designation: (A) Jerry Peak Wilderness Study Area. (B) Jerry Peak West Wilderness Study Area. (C) Corral-Horse Basin Wilderness Study Area. (D) Boulder Creek Wilderness Study Area. (2) Release Any public land within the areas described in paragraph (1) that is not designated as wilderness by this title— (A) shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); and (B) shall be managed in accordance with land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ). II Land conveyances for public purposes 201. Blaine County, Idaho (a) Smiley creek rural fire protection district (1) Fire station (A) In general The Secretary of Agriculture (referred to in this subsection as the Secretary ), in consultation with the Smiley Creek Rural Fire Protection District, shall identify an appropriate site (not to exceed 2 acres) in the vicinity of the Smiley Creek community, for construction and use of a fire station for the Smiley Creek Rural Fire Protection District. (B) Use The Secretary may provide for the use of the site identified under subparagraph (A) through a special use permit or conveyance to the Smiley Creek Rural Fire Protection District, without consideration. (2) Well site The Secretary may issue a special use permit to the Smiley Creek Rural Fire Protection District for development of a well to be used for fire protection and other public purposes on land identified by the Secretary and the Fire Protection District as appropriate for development of a well. (b) School bus turnaround The Secretary of Agriculture shall issue a special use permit or convey, without consideration, to Blaine County, Idaho, not to exceed 1 acre of land for use as a school bus turnaround, as generally depicted on the map entitled Blaine County Conveyance—Eagle Creek Parcel—Proposed and dated October 1, 2006. 202. Custer County, Idaho (a) Park and campground The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 114 acres of land depicted as Parcel A on the map entitled Custer County and City of Mackay Conveyances and dated April 6, 2010, for use as a public park and campground, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (b) Fire hall The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 10 acres of land depicted as Parcel B on the map entitled Custer County and City of Mackay Conveyances and dated April 6, 2010, for use as a fire hall, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (c) Shooting range The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 201 acres of land depicted as Parcel A on the map entitled Custer County and City of Challis Conveyances and dated February 2, 2010, to be used for a public shooting range, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (d) Waste transfer site The Secretary of the Interior shall convey to Custer County, Idaho, without consideration, approximately 80 acres of land depicted as Parcel C on the map entitled Custer County and City of Mackay Conveyances and dated April 6, 2010, to be used for a waste transfer site, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (e) Public purposes The Secretary of the Interior shall convey to the City of Challis, Idaho, without consideration, approximately 460 acres of land within the area generally depicted as Parcel B on the map entitled Custer County and City of Challis Conveyances and dated February 2, 2010, to be used for public purposes consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), ( 43 U.S.C. 869 et seq. ). 203. City of Clayton, Idaho (a) Cemetery The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 23 acres of land depicted as Parcel A on the map entitled City of Clayton Conveyances and dated April 6, 2010, for use as a public cemetery. (b) Park The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 2 acres of land depicted as Parcel B on the map entitled City of Clayton Conveyances and dated April 6, 2010, for use as a public park or other public purpose consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (c) Water tower The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 2 acres of land depicted as Parcel C on the map entitled City of Clayton Conveyances and dated April 6, 2010, for location of a water tower, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (d) Wastewater treatment facility The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 6 acres of land depicted as Parcel D on the map entitled City of Clayton Conveyances and dated April 6, 2010 (including any necessary access right-of-way across the river), for use as a wastewater treatment facility, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). (e) Fire hall The Secretary of the Interior shall convey to the City of Clayton, Idaho, without consideration, approximately 2 acres of land depicted as Parcel E on the map entitled City of Clayton Conveyances and dated April 6, 2010, for use as a fire hall and related purposes, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ), (43 U.S.C. 869 et seq.). 204. Terms and conditions of permits or land conveyances (a) Terms and conditions The issuance of a special use permit or the conveyance of land under this title shall be subject to any terms and conditions that the Secretary determines to be appropriate. (b) Reversionary interest If any parcel of land conveyed under this title ceases to be used for the public purpose for which the parcel was conveyed, the parcel shall, at the discretion of the Secretary, based on a determination that reversion is in the best interests of the United States, revert to the United States. III Trail management 301. Trail management (a) Germania creek trail (1) In general The Secretary shall maintain a trail for single track, 2-wheeled motorized and mechanized travel between the Hemingway-Boulders Wilderness designated by section 101(a)(1) and the White Clouds Wilderness designated by section 101(a)(2). (2) Management The Secretary shall manage the trail in accordance with applicable laws— (A) to provide for recreational travel; (B) to minimize any adverse impacts to natural and cultural resources; and (C) subject to such terms and conditions as the Secretary may require. (3) Monitoring The Secretary shall monitor the trail to assess whether the trail is appropriately maintained— (A) to provide for recreational travel; and (B) to minimize any adverse impacts to natural and cultural resources. (4) Closure The Secretary may temporarily close the trail to any or all uses— (A) to minimize any adverse impacts to natural and cultural resources; (B) to protect public safety; (C) for maintenance or other administrative uses; or (D) to provide opportunities for nonmotorized uses. (b) Forest service trails 109 and 671 (1) Closure Subject to paragraph (2), the following Forest Service trails in the Sawtooth National Recreation Area shall be closed to motorized and mechanized travel: (A) The portion of Forest Service Trail 109 between the Phyllis Lake turnoff to 4th of July Lake and the south side of Washington Lake. (B) Forest Service Trail 671 down Warm Springs Creek from Forest Service Trail 646 to the wilderness boundary. (2) Exceptions On the trails identified in paragraph (1), the Secretary may permit— (A) use by over-snow vehicles when the snow cover is adequate— (i) to provide safe recreational travel; and (ii) to minimize any adverse impacts to natural and cultural resources; and (B) such administrative uses as the Secretary determines to be necessary. (c) Frog lake loop trail (1) In general Neither the designation of the White Clouds Wilderness by section 101(a)(2) nor the exclusion of portions of Forest Service trails 047 and 682 (commonly known as the Frog Lake Loop Trail ) from the wilderness shall affect the management of those trails for motorized or mechanized travel in accordance with existing laws. (2) Limitation on use If the Secretary allows for motorized or mechanized travel on portions of Forest Service trails 047 and 682, the trails shall be limited to single track, 2-wheeled motorized and mechanized use. (d) Accessible trail The Secretary shall make such improvements as may be necessary to maintain the first mile of the Murdock Creek Trail as a primitive, nonpaved, and wheelchair-accessible trail.

https://www.govinfo.gov/content/pkg/BILLS-113hr145ih/xml/BILLS-113hr145ih.xml

113-hr-146

I 113th CONGRESS 1st Session H. R. 146 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Sires introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the expansion, intensification, and coordination of the programs and activities of the National Institutes of Health with respect to Tourette syndrome. 1. Short title This Act may be cited as the Collaborative Academic Research Efforts for Tourette Syndrome Act of 2013 . 2. Programs of the National Institutes of Health relating to Tourette syndrome Part B of title IV of the Public Health Service Act is amended by inserting after section 409J ( 42 U.S.C. 284q ) the following: 409K. Expansion, intensification, and coordination of activities with respect to Tourette syndrome (a) In general The Secretary, acting through the Director of NIH, shall expand, intensify, and coordinate the programs and activities of the National Institutes of Health with respect to Tourette syndrome. (b) Data collection (1) System In carrying out subsection (a), the Secretary shall develop a system to collect data on Tourette syndrome, including epidemiologic information with respect to the incidence and prevalence of Tourette syndrome in the United States. (2) Broad and narrow definitions The data collection system under paragraph (1) shall provide for the collection of primary data on Tourette syndrome, including related data on the various conditions known to be comorbid with Tourette syndrome. (3) Collection by population and geographical region The data collection system under paragraph (1) shall provide for the collection of data on the availability of medical and social services for individuals with Tourette syndrome and their families and the disaggregation of such data by population and geographical region. (c) Centers of Excellence (1) In general In carrying out subsection (a), the Secretary shall make awards of grants and contracts to public or nonprofit private entities to pay all or part of the cost of planning, establishing, improving, and providing basic operating support for centers of excellence regarding research on Tourette syndrome. (2) Research Each center under paragraph (1) shall conduct basic and clinical research into Tourette syndrome. Such research should include investigations into the cause, diagnosis, early detection, prevention, control, and treatment of Tourette syndrome. The centers, as a group, shall conduct research including the fields of de­vel­op­men­tal neurobiology, genetics, and psy­cho­phar­ma­col­o­gy. (3) Services for patients (A) In general A center under paragraph (1) may expend amounts provided under such paragraph to carry out a program to make individuals aware of opportunities to participate as subjects in research conducted by the centers. (B) Referral and costs A program under subparagraph (A) may, in accordance with such criteria as the Secretary may establish, provide to the subjects described in such subparagraph, referrals for health and other services, and such patient care costs as are required for research. (C) Availability and access The extent to which a center can demonstrate availability and access to clinical services shall be considered by the Secretary in decisions about awarding grants to applicants which meet the scientific criteria for funding under this section. (4) Organization of centers (A) In general A center under paragraph (1) may— (i) use the facilities of a single institution; or (ii) be formed from a consortium of cooperating institutions and patient advocacy groups in order to maximize the scope of the center’s services and geographic coverage. (B) Eligibility requirements To be eligible to make facilities so available (as described in subparagraph (A)(i)) or participate in such a consortium (as described in subparagraph (B)), an institution or group shall meet such requirements as the Secretary may prescribe. (5) Number of centers; duration of support (A) In general Subject to the availability of appropriations, the Secretary shall provide for the establishment of not fewer than four and not more than six centers under paragraph (1). (B) Geographical distribution The Secretary shall— (i) ensure that each of the centers established under paragraph (1) is located in a different region of the United States than the other such centers; and (ii) encourage the formation of such centers from a consortium of entities (as described in paragraph (4)(A)(ii)) covering multiple States. (C) Duration Support for a center established under paragraph (1) may be provided under this section for a period of not to exceed 5 years. Such period may be extended for one or more additional periods not exceeding 5 years if the operations of such center have been reviewed by an appropriate technical and scientific peer review group established by the Secretary and if such group has recommended to the Secretary that such period should be extended. (d) Research on symptomology and treatment In carrying out subsection (a), the Secretary shall award grants on a competitive basis for research on— (1) the full range of symptomology within the Tourette syndrome clinical spectrum; and (2) the efficacy of treatment options for particular patient subpopulations. (e) Funding Of the amounts made available to carry out the programs and activities of the National Institutes of Health for a fiscal year, the Secretary shall designate a portion of such amounts for carrying out the programs and activities of the National Institutes of Health with respect to Tourette syndrome. .

https://www.govinfo.gov/content/pkg/BILLS-113hr146ih/xml/BILLS-113hr146ih.xml

113-hr-147

I 113th CONGRESS 1st Session H. R. 147 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Thornberry (for himself, Mr. Barton , Mr. Broun of Georgia , Mr. Conaway , Mr. Culberson , Mr. Rogers of Kentucky , Mr. Sessions , Mr. Womack , Mr. Wilson of South Carolina , Mr. Franks of Arizona , Mr. Graves of Georgia , Mr. Jones , Mr. Nugent , Mr. Roe of Tennessee , Mr. Rokita , Mr. Young of Florida , Mr. McKinley , Mr. Olson , Mr. Rahall , Mr. Rogers of Alabama , Mr. Issa , Mr. Hall , Mr. Bachus , Mr. Turner , Mr. Sensenbrenner , Mr. Duncan of Tennessee , Mr. Smith of Texas , and Mr. Yoder ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To repeal the Federal estate and gift taxes. 1. Short title This Act may be cited as the Death Tax Repeal Act . 2. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr147ih/xml/BILLS-113hr147ih.xml

113-hr-148

I 113th CONGRESS 1st Session H. R. 148 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Van Hollen (for himself, Mr. Clyburn , Mr. Becerra , Mr. Crowley , Ms. DeLauro , Mr. Andrews , Mr. Cuellar , Mr. Pallone , Mr. Israel , Mr. Larson of Connecticut , Mr. Brady of Pennsylvania , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on the Judiciary and Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, and other entities, and for other purposes. 1. Short title This Act may be cited as the Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2013 or the DISCLOSE 2013 Act . 2. Campaign disbursement reporting (a) Information required To be reported (1) Treatment of functional equivalent of express advocacy as independent expenditure Subparagraph (A) of section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended to read as follows: (A) that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidate’s character, qualifications, or fitness for office; and . (2) Expansion of period during which communications are treated as electioneering communications Section 304(f)(3)(A)(i) of such Act (2 U.S.C. 434(f)(3)(A)(i)) is amended— (A) by redesignating subclause (III) as subclause (IV); and (B) by striking subclause (II) and inserting the following: (II) in the case of a communication which refers to a candidate for an office other than the President or Vice President, is made during the period beginning on January 1 of the calendar year in which a general or runoff election is held and ending on the date of the general or runoff election (or in the case of a special election, during the period beginning on the date on which the announcement with respect to such election is made and ending on the date of the special election); (III) in the case of a communication which refers to a candidate for the office of President or Vice President, is made in any State during the period beginning 120 days before the first primary or preference election or a convention or caucus of a political party which has the authority to nominate a candidate for the office of President or Vice President is held in any State and ending on the date of the general election; and . (3) Effective date; transition for electioneering communications made prior to enactment The amendment made by paragraph (2) shall apply with respect to communications made on or after July 1, 2013, except that no communication which is made prior to such date shall be treated as an electioneering communication under section 304(f)(3)(A)(i)(II) or (III) of the Federal Election Campaign Act of 1971 (as amended by paragraph (2)) unless the communication would be treated as an electioneering communication under such section if the amendment made by paragraph (2) did not apply. (b) Disclosure requirements for corporations, labor organizations, and certain other entities (1) In general Section 324 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441k ) is amended to read as follows: 324. Disclosure of campaign-related disbursements by covered organizations (a) Disclosure statement (1) In general Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in a calendar year shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— (A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the preceding calendar year and ending on the first such disclosure date; and (B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. (2) Information described The information described in this paragraph is as follows: (A) The name of the covered organization and the principal place of business of such organization. (B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000. (C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. (D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party. (E) If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were contributed, donated, transferred, or paid directly to such account by persons other than the covered organization that controls the account, for each contribution, donation, transfer, payment of dues, or other payment to the account— (i) the name and address of each person who made such contribution, donation, transfer, payment of dues, or other payment during the period covered by the statement; (ii) the date and amount of such contribution, donation, transfer, payment of dues, or other payment; and (iii) the aggregate amount of all such contributions, donations, transfers, payments of dues, and other payments made by the person during the period beginning on the first day of the preceding calendar year and ending on the disclosure date; but only if such contribution, donation, transfer, payment of dues, or other payment was made by a person who made contributions, donations, transfers, payments of dues, or payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. (F) Subject to paragraph (4), if the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each contribution, donation, transfer, or payment of dues to the covered organization— (i) the name and address of each person who made such contribution, donation, transfer, or payment of dues during the period covered by the statement; (ii) the date and amount of such contribution, donation, transfer, or payment of dues; and (iii) the aggregate amount of all such contributions, donations, transfers, and payments of dues made by the person during the period beginning on the first day of the preceding calendar year and ending on the disclosure date; but only if such contribution, donation, transfer, or payment of dues was made by a person who made contributions, donations, transfers, or payments of dues to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. (3) Exceptions (A) Amounts received in ordinary course of business The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization. (B) Donor restriction on use of funds The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if— (i) the person described in such subparagraph prohibited, in writing, the use of the contribution, donation, transfer, payment of dues, or other payment made by such person for campaign-related disbursements; and (ii) the covered organization agreed to follow the prohibition and deposited the contribution, donation, transfer, payment of dues, or other payment in an account which is segregated from any account used to make campaign-related disbursements. (4) Disclosure date (A) In general Except as provided in subparagraph (B), the term disclosure date means— (i) the first date during any calendar year by which a person has made campaign-related disbursements aggregating more than $10,000; and (ii) each date following the date described in clause (i) during such calendar year by which a person has made campaign-related disbursements aggregating more than $10,000. (B) Disclosure date for certain transfers In the case of a statement filed with respect to a campaign-related disbursement which is a covered transfer described in subsection (f)(1)(E), the term disclosure date means the date on which the covered organization making such transfer knew or should have known that the recipient of such transfer made campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer. (b) Coordination with other provisions (1) Other reports filed with the Commission Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. (2) Treatment as separate segregated fund A segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986. (c) Filing Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304. (d) Campaign-Related disbursement defined In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following: (1) An independent expenditure consisting of a public communication, as defined in section 301(22). (2) An electioneering communication, as defined in section 304(f)(3). (3) A covered transfer. (e) Covered organization defined In this section, the term covered organization means any of the following: (1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986). (2) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code). (3) A labor organization (as defined in section 316(b)). (4) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (5)). (5) A political committee with an account established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to the accounts established for such purpose. (f) Covered transfer defined (1) In general In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization— (A) designates, requests, or suggests that the amounts be used for— (i) campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (B) made such transfer or payment in response to a solicitation or other request for a donation or payment for— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; (C) engaged in discussions with the recipient of the transfer or payment regarding— (i) the making of or paying for campaign-related disbursements (other than covered transfers); or (ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; (D) made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or (E) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. (2) Exclusions The term covered transfer does not include any of the following: (A) A disbursement made by a covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization. (B) A disbursement made by a covered organization if— (i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and (ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements. (3) Exception for certain transfers among affiliates (A) Exception for certain transfers among affiliates The term covered transfer does not include an amount transferred by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (B) if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or less than $50,000. (B) Description of transfers between affiliates A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if— (i) one of the organizations is an affiliate of the other organization; or (ii) each of the organizations is an affiliate of the same organization; except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (C) Determination of affiliate status For purposes of subparagraph (B), a covered organization is an affiliate of another covered organization if— (i) the governing instrument of the organization requires it to be bound by decisions of the other organization; (ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or (iii) the organization is chartered by the other organization. (D) Coverage of transfers to affiliated section 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization. . (2) Conforming amendment Section 304(f)(6) of such Act ( 2 U.S.C. 434 ) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement . 3. Stand by your ad (a) Disclaimer requirements for campaign-Related disbursements Section 318(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(a) ) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication . (b) Stand by your ad requirements (1) Maintenance of requirements for political parties and certain political committees Section 318(d)(2) of such Act ( 2 U.S.C. 441d(d)(2) ) is amended— (A) in the heading, by striking others and inserting certain political committees ; (B) by inserting which (except to the extent provided in the last sentence of this paragraph) is paid for by a political committee (including a political committee of a political party) and after subsection (a) ; (C) by striking or other person each place it appears; and (D) by adding at the end the following: This paragraph does not apply to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324 and with respect to which a covered organization files a statement under such section. . (2) Special disclaimer requirements for certain communications Section 318 of such Act ( 2 U.S.C. 441d ) is amended by adding at the end the following new subsection: (e) Communications by others (1) In general Any communication described in paragraph (3) of subsection (a) which is transmitted through radio or television (other than a communication to which subsection (d)(2) applies) shall include, in addition to the requirements of such paragraph, the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted through television and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, the Top Five Funders list (if applicable), unless, on the basis of criteria established in regulations issued by the Commission, the communication is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list. (C) If the communication is transmitted through radio and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, the Top Two Funders list (if applicable), unless, on the basis of criteria established in regulations issued by the Commission, the communication is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list. (2) Disclosure statements described (A) Individual disclosure statements The individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message. , with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements The organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message. , with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement (A) Communications transmitted through radio In the case of a communication to which this subsection applies which is transmitted through radio, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clearly spoken manner. (B) Communications transmitted through television In the case of a communication to which this subsection applies which is transmitted through television, the information required under paragraph (1)— (i) shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and (ii) shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list. (4) Definitions In this subsection: (A) Applicable individual The term applicable individual means, with respect to a communication to which this subsection applies— (i) if the communication is paid for by an individual, the individual involved; (ii) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (iii) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (iv) if the communication is paid for by any other person, the highest ranking official of such person. (B) Covered organization and campaign-related disbursement The terms campaign-related disbursement and covered organization have the meaning given such terms in section 324. (C) Top Five Funders list The term Top Five Funders list means, with respect to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, a list of the five persons who provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 324(a) to be included in the reports filed by a covered organization with respect to such communication during the 12-month period ending on the date of the disbursement and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the covered organization involved shall select one of those persons to be included on the Top Five Funders list. (D) Top Two Funders list The term Top Two Funders list means, with respect to a communication paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324, a list of the persons who provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 324(a) to be included in the reports filed by a covered organization with respect to such communication during the 12-month period ending on the date of the disbursement and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the covered organization involved shall select one of those persons to be included on the Top Two Funders list. . 4. Shareholders’ and members’ right to know 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 covered organizations to shareholders, members, and donors of information on campaign-related disbursements (a) Information on campaign-Related disbursements To be included in periodic reports A covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities shall include in each such report, in a clear and conspicuous manner, the information included in the statements filed by the organization under section 324 with respect to the campaign-related disbursements made by the organization during the period covered by the report. (b) Hyperlink to information included in reports filed with Commission (1) Required posting of hyperlink If a covered organization maintains an Internet site, the 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 information included in the statements filed by the organization under section 324 with respect to campaign-related disbursements. (2) Deadline; duration of posting The covered organization shall post the hyperlink described in paragraph (1) not later than 24 hours after the Commission posts the information described in such paragraph on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the covered organization until the expiration of the 1-year period which begins on the date of the election with respect to which the campaign-related disbursements are made. (c) Definitions The terms campaign-related disbursement and covered organization have the meanings given such terms in section 324. . 5. Lobbyists’ campaign funding disclosure (a) Disclosure of independent expenditures and electioneering communications Section 5(d)(1) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1604(d)(1) ) is amended— (1) by striking and at the end of subparagraph (F); (2) by redesignating subparagraph (G) as subparagraph (I); and (3) by inserting after subparagraph (F) the following new subparagraphs: (G) the amount of any independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17))) equal to or greater than $1,000 made by such person or organization, and for each such expenditure the name of each candidate being supported or opposed and the amount spent supporting or opposing each such candidate; (H) the amount of any electioneering communication (as defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3))) equal to or greater than $1,000 made by such person or organization, and for each such communication the name of the candidate referred to in the communication and whether the communication involved was in support of or in opposition to the candidate; and . (b) Disclosure of amounts provided to certain political committees Section 5(d)(1)(D) of such Act (2 U.S.C. 1605(d)(1)(D)) is amended by striking or political party committee, and inserting the following: political party committee, or political committee which is treated as a covered organization under section 324(f)(1)(D) of the Federal Election Campaign Act of 1971, . (c) Effective date The amendments made by this section shall apply with respect to reports for semiannual periods described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin after the date of the enactment of this Act. 6. 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. 7. Effective date Except as provided in section 5, the amendments made by this Act shall apply with respect to disbursements made on or after July 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr148ih/xml/BILLS-113hr148ih.xml

113-hr-149

I 113th CONGRESS 1st Session H. R. 149 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Webster of Florida introduced the following bill; which was referred to the Committee on Ways and Means A BILL To specify the priority of the obligations of the United States Government if the debt ceiling is reached. 1. Short title This Act may be cited as the Prioritize Spending Act of 2013 . 2. Priority of payments if the debt ceiling is reached In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, amounts necessary for obligations incurred by the Government of the United States shall be made available to the following obligations before all other obligations and shall be made available as prioritized in the following order (with items listed in descending order of prioritization): (1) Amounts necessary to carry out the authority of the Department of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (2) Such amounts as the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) determines to be necessary to continue to provide pay and allowances (without interruption) to members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof, who perform active service. (3) Such amounts as the President certifies to the Congress are necessary to carry out vital national security priorities. (4) Amounts necessary to carry out the authority of the Commissioner of Social Security to pay monthly old-age, survivors', and disability insurance benefits under title II of the Social Security Act. (5) Amounts necessary to make payments under the Medicare program under title XVIII of the Social Security Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr149ih/xml/BILLS-113hr149ih.xml

113-hr-150

I 113th CONGRESS 1st Session H. R. 150 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Yoder (for himself and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Legislative Reorganization Act of 1946 to reduce the rates of pay of Members of Congress by 5 percent and eliminate future cost-of-living adjustments in such rates of pay. 1. Short title This Act may be cited as the Congressional Pay Reduction Act . 2. Reduction in rates of pay and elimination of future cost-of-living adjustments for members of congress Section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is amended by amending paragraph (2) to read as follows: (2) Effective with respect to pay periods beginning after the date of the regularly scheduled general election for Federal office held in November 2014, the annual rate of pay for each of the positions described in paragraph (1) shall be equal to 95 percent of the annual rate of pay for such position for the most recent pay period preceding such election. .

https://www.govinfo.gov/content/pkg/BILLS-113hr150ih/xml/BILLS-113hr150ih.xml

113-hr-151

I 113th CONGRESS 1st Session H. R. 151 IN THE HOUSE OF REPRESENTATIVES January 3, 2013 Mr. Yoder (for himself and Ms. Jenkins ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan. 1. Short title This Act may be cited as the Termination of Lifelong Pensions for Members of Congress Act . 2. Termination of further retirement benefits for members of congress (a) Amendments relating to the Civil Service Retirement System (1) In general Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this subchapter and subject to subsection (f), effective on the date that is 90 days after the date of enactment of this section— (1) a Member shall not be subject to this subchapter for any further period of time; and (2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations Any regulations necessary to carry out this section may— (1) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and (2) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (e) Exclusion For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this subchapter as of such date of enactment may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this subchapter. . (2) Clerical amendment The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress. . (b) Amendments relating to the Federal Employees’ Retirement System (1) In general Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this chapter, effective on the date that is 90 days after the date of enactment of this section— (1) subject to subsection (f), in the case of an individual who first becomes a Member before such date of enactment— (A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and (B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and (2) in the case of an individual who first becomes a Member on or after such date of enactment— (A) such Member shall not be subject to this chapter; and (B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in thrift savings plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations (1) In general Any regulations necessary to carry out this section may— (A) except with respect to matters relating to the Thrift Savings Plan, be prescribed by the Director of the Office of Personnel Management; and (B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Refunds Notwithstanding subsection (b), the regulations under paragraph (1)(A) shall, in the case of a Member who has not completed at least 5 years of civilian service as of the date of enactment of this section, provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1) through (4) of section 8424(a) as of such date of enactment. (e) Exclusions For purposes of this section, the term Member does not include the Vice President. (f) Opt-In Not later than 90 days after the date of enactment of this section, a Member covered by this chapter as of such date may elect, by giving notice in writing to the official by whom such Member is paid, to remain subject to this chapter. . (2) Clerical amendment The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress. .

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113-hr-152

I 113th CONGRESS 1st Session H. R. 152 IN THE HOUSE OF REPRESENTATIVES AN ACT Making supplemental appropriations for the fiscal year ending September 30, 2013, to improve and streamline disaster assistance for Hurricane Sandy, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2013, and for other purposes, namely: A disaster relief appropriations act, 2013 I Department of Agriculture domestic food programs food and nutrition service commodity assistance program For an additional amount for Commodity Assistance Program for the emergency food assistance program as authorized by section 27(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036(a) ) and section 204(a)(1) of the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7508(a)(1) ), $6,000,000: Provided , That notwithstanding any other provisions of the Emergency Food Assistance Act of 1983, the Secretary of Agriculture may allocate additional foods and funds for administrative expenses from resources specifically appropriated, transferred, or reprogrammed to restore to States resources used to assist families and individuals displaced by Hurricane Sandy among the States without regard to sections 204 and 214 of such Act ( 7 U.S.C. 7508 , 7515): Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. II Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations for necessary expenses related to the consequences of Hurricane Sandy, $20,000,000, to remain available until expended to conduct studies of flood and storm damage reduction related to natural disasters: Provided, That using $19,500,000 of the funds provided herein, the Secretary of the Army shall conduct, at full Federal expense, a comprehensive study to address the flood risks of vulnerable coastal populations in areas impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That an interim report with an assessment of authorized Corps projects for reducing flooding and storm risks in the affected area that have been constructed or are under construction, including construction cost estimates, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate not later than March 1, 2013: Provided further, That an interim report identifying any previously authorized but unconstructed Corps project and any project under study by the Corps for reducing flooding and storm damage risks in the affected area, including updated construction cost estimates, that are, or would be, consistent with the comprehensive study shall be submitted to the appropriate congressional committees not later than May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees not later than 24 months after the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities that warrant additional analysis by the Corps, as well as institutional and other barriers to providing protection to the affected coastal areas: Provided further, That the Secretary shall conduct the study in coordination with other Federal agencies, and State, local, and Tribal officials to ensure consistency with other plans to be developed, as appropriate: Provided further, That using $500,000 of the funds provided herein, the Secretary shall conduct, at full Federal expense, an evaluation of the performance of existing projects constructed by the Corps and damaged as a consequence of Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements to such projects: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of enactment of this division. Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $9,000,000, to remain available until expended for repairs to projects that were under construction and damaged as a consequence of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $742,000,000, to remain available until expended to dredge Federal navigation channels, and repair damage to Corps projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies for necessary expenses related to the consequences of Hurricane Sandy, $582,000,000, to remain available until expended to support emergency operations, repairs, and other activities, as authorized by law: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. III Small Business Administration Salaries and expenses For an additional amount for Salaries and Expenses , $10,000,000 for grants to or cooperative agreements with organizations to provide technical assistance related to disaster recovery, response, and long term resiliency to small businesses that are recovering from Hurricane Sandy: Provided, That the Small Business Administration shall expedite the delivery of assistance in disaster-affected areas: Provided further, That the Administrator of the Small Business Administration may waive the matching requirements under section 21(a)(4)(A) and 29(c) of the Small Business Act for any grant made using funds made available under this heading: Provided further, That no later than 30 days after the date of enactment of this division, or no less than 7 days prior to obligation of funds, whichever occurs earlier, the Administrator of the Small Business Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000, to remain available until September 30, 2014: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Disaster loans program account (including transfer of funds) For an additional amount for ‘‘Disaster Loans Program Account’’ for the cost of direct loans authorized by section 7(b) of the Small Business Act, for necessary expenses related to the consequences of Hurricane Sandy, $100,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for direct administrative expenses of loan making and servicing to carry out the direct loan program authorized by section 7(b) of the Small Business Act in response to Hurricane Sandy, an additional $50,000,000, to remain available until expended, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. IV Department of Homeland Security Coast Guard Acquisition, construction, and improvements (Including transfer of funds) For an additional amount for Acquisition, Construction, and Improvements for necessary expenses related to the consequences of Hurricane Sandy, $143,899,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That notwithstanding the transfer limitation contained in section 503 of division D of Public Law 112–74 , such funding may be transferred to other Coast Guard appropriations after notification as required in accordance with such section: Provided further , That a description of all facilities and property to be reconstructed and restored, with associated costs and time lines, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. Federal Emergency Management Agency Disaster relief fund (Including transfer of funds) For an additional amount for the Disaster Relief Fund for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $5,379,000,000, to remain available until expended, of which $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters: Provided , That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) that is in excess of $1,000,000, the specifics of each such grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of a mission assignment or task order in excess of $1,000,000, the Administrator shall publish on the Agency’s website the following: the name of the impacted State and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 . Science and Technology Research, development, acquisition, and operations For an additional amount for Research, Development, Acquisition, and Operations , for necessary expenses related to the consequences of Hurricane Sandy, $585,000, to remain available until September 30, 2013: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Domestic Nuclear Detection Office Systems acquisition For an additional amount for Systems Acquisition , for necessary expenses related to the consequences of Hurricane Sandy, $3,869,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General Provision—This Title 401. Funds made available by Public Law 109–88 for carrying out activities authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ) may be used until expended to provide assistance under section 417 of that Act to local governments in areas eligible to receive such assistance pursuant to a major disaster declaration by the President for Hurricane Sandy. V Department of the Interior Fish and wildlife service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $49,875,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National park service Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $234,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of safety and environmental enforcement Oil spill research For an additional amount for Oil Spill Research for necessary expenses related to the consequences of Hurricane Sandy, $3,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VI department of health and human services office of the secretary public health and social services emergency fund (including transfers of funds) For an additional amount for Public Health and Social Services Emergency Fund for disaster response and recovery, and other expenses directly related to Hurricane Sandy, including making payments under the Head Start Act and additional payments for distribution as provided for under the “Social Services Block Grant Program”, $100,000,000, to remain available until September 30, 2014: Provided, That not less than $25,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein: Provided further, That not less than $25,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein: Provided further, That not less than $2,000,000 shall be transferred to the Department of Health and Human Services (“HHS”) “Office of Inspector General” to perform oversight, accountability, and evaluation of programs, projects, or activities supported with the funds provided for the purposes provided herein: Provided further, That notwithstanding any other provision of law, the distribution of any amount shall be limited to the States of New York and New Jersey, except that funds provided to “Substance Abuse and Mental Health Services Administration” may be distributed to other States, but only if such funds are for grants, contracts, and cooperative agreements for behavioral health treatment, crisis counseling, and other related helplines, and for other similar programs to provide support to dislocated residents of New York and New Jersey: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of the “base grant” in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph are in addition to the entitlement grants authorized by section 2002(a)(1) of the Social Security Act and shall not be available for such entitlement grants: Provided further, That funds appropriated in this paragraph may be transferred by the Secretary of HHS (“Secretary”) to accounts within HHS, and shall be available only for the purposes provided in this paragraph: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act for fiscal year 2013: Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this division may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agencies Social Security Administration Limitation on Administrative Expenses (including transfer of funds) For an additional amount for ‘‘Limitation on Administrative Expenses”, $2,000,000, for expenses directly related to Hurricane Sandy, which shall be derived from the unobligated balances that remain available under such heading for the Social Security Administration for information technology and telecommunications hardware and software infrastructure: Provided, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VII department of defense military construction Military Construction, Army National Guard For an additional amount for Military Construction, Army National Guard for necessary expenses related to the consequences of Hurricane Sandy, $24,235,000, to remain available until September 30, 2017: Provided , That none of the funds made available to the Army National Guard for recovery efforts related to Hurricane Sandy in this division shall be available for obligation until the Committees on Appropriations of the House of Representatives and the Senate receive form 1391 for each specific request: Provided further , That notwithstanding any other provision of law, such funds may be obligated to carry out military construction projects not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Veterans Affairs Veterans Health Administration Medical Services For an additional amount for Medical Services for necessary expenses related to the consequences of Hurricane Sandy, $21,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Medical Facilities For an additional amount for “Medical Facilities” for necessary expenses related to the consequences of Hurricane Sandy, $6,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. National Cemetery Administration For an additional amount for “National Cemetery Administration” for necessary expenses related to the consequences of Hurricane Sandy, $1,100,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Departmental Administration Information Technology Systems For an additional amount for “Information Technology Systems” for necessary expenses related to the consequences of Hurricane Sandy, $531,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction, Major Projects For an additional amount for “Construction, Major Projects”, $207,000,000, to remain available until September 30, 2017, for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided , That none of these funds shall be available for obligation until the Secretary of Veterans Affairs submits to the Committees on Appropriations of the House of Representatives and the Senate a detailed expenditure plan for funds provided under this heading: Provided further , That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. VIII Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $14,600,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Operating subsidy grants to the national railroad passenger corporation For an additional amount for Operating Subsidy Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for necessary expenses related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $5,400,000,000, to remain available until expended, for transit systems affected by Hurricane Sandy: Provided , That not more than $2,000,000,000 shall be made available not later than 60 days after the date of enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the memorandum of agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That not more than three-quarters of 1 percent of the funds for public transportation emergency relief shall be available for administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purpose: Provided further, That of the funds made available under this heading, $3,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfer of funds) For an additional amount for Community Development Fund , $3,850,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided , That funds shall be allocated directly to States and units of general local government at the discretion of the Secretary of Housing and Urban Development: Provided further, That within 60 days after the enactment of this division, the Secretary shall allocate to grantees all funds provided under this heading based on the best available data: Provided further, That as a condition of eligibility for receipt of such funds, a grantee shall submit a plan to the Secretary detailing the proposed use of all funds, including criteria for eligibility and how the use of such funds will address long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall, by notice issued within 45 days of enactment of this division, specify criteria for approval of plans, and, if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further , That a grantee may use up to 5 percent of its overall allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use of these funds by a grantee (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) upon a request by a grantee explaining why such waiver is required to facilitate the use of such funds and pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ) or this heading: Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit under section 104(g)(1) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(1) ): Provided further, That, notwithstanding section 104(g)(2) of such Act ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is compelling need to further reduce the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver or alternative requirement made by the Secretary with respect to any statute or regulation no later than 5 days before the effective date of such waiver or alternative requirement: Provided further, That, of the funds made available under this heading, up to $4,000,000 may be transferred to Program Office Salaries and Expenses, Community Planning and Development for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That, of the funds made available under this heading, $4,000,000 shall be transferred to Office of the Inspector General for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That funds provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Administrative provision—Department of housing and urban development 801. For fiscal year 2013, upon request by a public housing agency and supported by documentation as required by the Secretary of Housing and Urban Development that demonstrates that the need for the adjustment is due to the disaster, the Secretary may make temporary adjustments to the Section 8 housing choice voucher annual renewal funding allocations and administrative fee eligibility determinations for public housing agencies in an area for which the President declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. IX general provisions—this division 901. Each amount appropriated or made available in this division is in addition to amounts otherwise appropriated for the fiscal year involved. 902. Each amount designated in this division by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 903. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 904. (a) (1) Not later than March 31, 2013, in accordance with criteria to be established by the Director of the Office of Management and Budget (referred to in this section as OMB ), each Federal agency shall submit to OMB, the Government Accountability Office, the respective Inspector General of each agency, and the Committees on Appropriations of the House of Representatives and the Senate internal control plans for funds provided by this division. (2) Not later than June 30, 2013, the Government Accountability Office shall review for the Committees on Appropriations of the House of Representatives and the Senate the design of the internal control plans required by paragraph (1). (b) All programs and activities receiving funds under this division shall be deemed to be susceptible to significant improper payments for purposes of the Improper Payments Information Act of 2002 ( 31 U.S.C. 3321 note), notwithstanding section 2(a) of such Act. (c) Funds for grants provided by this division shall be expended by the grantees within the 24-month period following the agency’s obligation of funds for the grant, unless, in accordance with guidance to be issued by the Director of OMB, the Director waives this requirement for a particular grant program and submits a written justification for such waiver to the Committees on Appropriations of the House of Representatives and the Senate. In the case of such grants, the agency shall include a term in the grant that requires the grantee to return to the agency any funds not expended within the 24-month period. (d) Through September 30, 2015, the Recovery Accountability and Transparency Board shall develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in the obligation and expenditure of funds appropriated in this or any other Act for any fiscal year of such period for purposes related to the impact of Hurricane Sandy: Provided , That the Board shall coordinate its oversight efforts with the Director of OMB, the head of each Federal agency receiving appropriations related to the impact of Hurricane Sandy, and the respective Inspector General of each such agency: Provided further , That the Board shall submit quarterly reports to the Committees on Appropriations of the House of Representatives and the Senate on its activities related to funds appropriated for the impact of Hurricane Sandy. X Additional Disaster Assistance 1 Department of Agriculture Office of the Secretary Emergency conservation activities (Including transfer of funds) For an additional amount, to remain available until expended, for the Emergency Conservation Program under title IV of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 et seq. ) for necessary expenses related to the consequences of Hurricane Sandy and resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $218,000,000, of which $15,000,000 shall be available for payments under sections 401 and 402 of the Agriculture Credit Act of 1978 ( 16 U.S.C. 2201 , 2202), $180,000,000 shall be available for activities under section 403 of such Act (Emergency Watershed Protection Program; 16 U.S.C. 2203 ), and $23,000,000 shall be available for activities under section 407 of such Act (Emergency Forest Restoration Program; 16 U.S.C. 2206 ): Provided , That the Secretary of Agriculture shall transfer these funds to the Farm Service Agency and the Natural Resources Conservation Service: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provision—this chapter 1011. The Office of Inspector General of the Department of Agriculture shall use unobligated disaster assistance oversight funds provided to such office in division B of Public Law 110–329 (122 Stat. 3585) for continued oversight of Department of Agriculture disaster- and emergency-related activities. 2 Department of Commerce National Oceanic and Atmospheric Administration Operations, research, and facilities For an additional amount for Operations, Research, and Facilities , $290,000,000 (reduced by $150,000,000) to remain available until September 30, 2014, as follows: (1) $50,000,000 for mapping, charting, geodesy services and marine debris surveys for coastal States impacted by Hurricane Sandy; (2) $7,000,000 to repair and replace ocean observing and coastal monitoring assets damaged by Hurricane Sandy; (3) $3,000,000 to provide technical assistance to support State assessments of coastal impacts of Hurricane Sandy; (4) $25,000,000 to improve weather forecasting and hurricane intensity forecasting capabilities, to include data assimilation from ocean observing platforms and satellites; (5) $50,000,000 for laboratories and cooperative institutes research activities associated with sustained observations weather research programs, and ocean and coastal research; and (6) $5,000,000 for necessary expenses related to fishery disasters during calendar year 2012 that were declared by the Secretary of Commerce as a direct result of impacts from Hurricane Sandy: Provided , That the National Oceanic and Atmospheric Administration shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this division: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Procurement, acquisition and construction For an additional amount for Procurement, Acquisition and Construction , $186,000,000, to remain available until September 30, 2015, as follows: (1) $9,000,000 to repair National Oceanic and Atmospheric Administration (NOAA) facilities damaged by Hurricane Sandy; (2) $44,500,000 for repairs and upgrades to NOAA hurricane reconnaissance aircraft; (3) $8,500,000 for improvements to weather forecasting equipment and supercomputer infrastructure; (4) $13,000,000 to accelerate the National Weather Service ground readiness project; and (5) $111,000,000 for a weather satellite data mitigation gap reserve fund: Provided , That NOAA shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this division: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Justice Federal Bureau of Investigation Salaries and expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $10,020,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Drug Enforcement Administration salaries and expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bureau of Alcohol, Tobacco, Firearms and Explosives Salaries and expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $230,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal Prison System Buildings and facilities For an additional amount for Buildings and Facilities for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Science National Aeronautics and Space Administration Construction and environmental compliance and restoration For an additional amount for Construction and Environmental Compliance and Restoration for repair at National Aeronautics and Space Administration facilities damaged by Hurricane Sandy, $15,000,000, to remain available until September 30, 2014: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Related Agencies Legal Services Corporation Payment to the legal services corporation For an additional amount for Payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act by providing for necessary expenses related to the consequences of Hurricane Sandy, $1,000,000: Provided , That the amount made available under this heading shall be used only to provide the mobile resources, technology, and disaster coordinators necessary to provide storm-related services to the Legal Services Corporation client population and only in the areas significantly affected by Hurricane Sandy: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That none of the funds appropriated in this division to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 , and all funds appropriated in this division to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2012 and 2013, respectively, and except that sections 501 and 503 of Public Law 104–134 (referenced by Public Law 105–119 ) shall not apply to the amount made available under this heading: Provided further , That, for the purposes of this division, the Legal Services Corporation shall be considered an agency of the United States Government. 3 Department of defense Department of defense—military OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for Operation and Maintenance, Army , $5,370,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy , $40,015,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force , $8,500,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Army National Guard For an additional amount for Operation and Maintenance, Army National Guard , $3,165,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Operation and Maintenance, Air National Guard For an additional amount for Operation and Maintenance, Air National Guard , $5,775,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. PROCUREMENT Procurement of Ammunition, Army For an additional amount for Procurement of Ammunition, Army , $1,310,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. REVOLVING AND MANAGEMENT FUNDS Defense Working Capital Funds For an additional amount for Defense Working Capital Funds , $24,200,000, to remain available until September 30, 2013, for necessary expenses related to the consequences of Hurricane Sandy: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 4 Department of the Army Corps of Engineers—Civil Investigations For an additional amount for Investigations for necessary expenses related to the consequences of Hurricane Sandy, $50,000,000, to remain available until expended to expedite at full Federal expense studies of flood and storm damage reduction: Provided, That using $29,500,000 of the funds provided herein, the Secretary of the Army shall expedite and complete ongoing flood and storm damage reduction studies in areas that were impacted by Hurricane Sandy in the North Atlantic Division of the United States Army Corps of Engineers: Provided further, That using up to $20,000,000 of the funds provided herein, the Secretary shall conduct a comprehensive study to address the flood risks of vulnerable coastal populations in areas that were affected by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: Provided further, That an interim report with an assessment of authorized Corps projects for reducing flooding and storm risks in the affected area that have been constructed or are under construction, including construction cost estimates, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate not later than March 1, 2013: Provided further, That an interim report identifying any previously authorized but unconstructed Corps project and any project under study by the Corps for reducing flooding and storm damage risks in the affected area, including updated construction cost estimates, that are, or would be, consistent with the comprehensive study shall be submitted to the appropriate congressional committees by May 1, 2013: Provided further, That a final report shall be submitted to the appropriate congressional committees within 24 months of the date of enactment of this division: Provided further, That as a part of the study, the Secretary shall identify those activities warranting additional analysis by the Corps, as well as institutional and other barriers to providing protection to the affected coastal areas: Provided further, That the Secretary shall conduct the study in coordination with other Federal agencies, and State, local and Tribal officials to ensure consistency with other plans to be developed, as appropriate: Provided further, That using $500,000 of the funds provided herein, the Secretary shall conduct an evaluation of the performance of existing projects constructed by the Corps and impacted by Hurricane Sandy for the purposes of determining their effectiveness and making recommendations for improvements thereto: Provided further, That as a part of the study, the Secretary shall identify institutional and other barriers to providing comprehensive protection to affected coastal areas and shall provide this report to the Committees on Appropriations of the House of Representatives and the Senate within 120 days of enactment of this division: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Construction For an additional amount for Construction for necessary expenses related to the consequences of Hurricane Sandy, $3,461,000,000, to remain available until expended to rehabilitate, repair and construct United States Army Corps of Engineers projects: Provided, That $2,902,000,000 of the funds provided under this heading shall be used to reduce future flood risk in ways that will support the long-term sustainability of the coastal ecosystem and communities and reduce the economic costs and risks associated with large-scale flood and storm events in areas along the Atlantic Coast within the boundaries of the North Atlantic Division of the Corps that were affected by Hurricane Sandy: Provided further, That $858,000,000 of such funds shall be made available not earlier than 14 days after the Secretary of the Army submits the report required under the heading Investigations to be submitted not later than March 1, 2013, and $2,044,000,000 shall be made available not earlier than 14 days after the Secretary submits the report required under the heading Investigations to be submitted not later than May 1, 2013: Provided further, That efforts using these funds shall incorporate current science and engineering standards in constructing previously authorized Corps projects designed to reduce flood and storm damage risks and modifying existing Corps projects that do not meet these standards, with such modifications as the Secretary determines are necessary to incorporate these standards or to meet the goal of providing sustainable reduction to flooding and storm damage risks: Provided further, That upon approval of the Committees on Appropriations of the House of Representatives and the Senate these funds may be used to construct any project under study by the Corps for reducing flooding and storm damage risks in areas along the Atlantic Coast within the North Atlantic Division of the Corps that were affected by Hurricane Sandy that the Secretary determines is technically feasible, economically justified, and environmentally acceptable: Provided further, That the completion of ongoing construction projects receiving funds provided by this division shall be at full Federal expense with respect to such funds: Provided further, That the non-Federal cash contribution for projects using these funds shall be financed in accordance with the provisions of section 103(k) of Public Law 99–662 over a period of 30 years from the date of completion of the project or separable element: Provided further, That for these projects, the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to these funds: Provided further, That up to $51,000,000 of the funds provided under this heading shall be used to expedite continuing authorities projects to reduce the risk of flooding along the coastal areas in States impacted by Hurricane Sandy within the boundaries of the North Atlantic Division of the Corps: Provided further, That $9,000,000 of the funds provided under this heading shall be used for repairs to projects that were under construction and damaged by the impacts of Hurricane Sandy: Provided further, That any projects using funds appropriated under this heading shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary requiring the non-Federal interests to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs of the project and to hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors: Provided further, That the Assistant Secretary of the Army for Civil Works shall submit to the Committees on Appropriations of the House of Representatives and the Senate a monthly report detailing the allocation and obligation of these funds, beginning not later than 60 days after the date of the enactment of this division. Operation and Maintenance For an additional amount for Operation and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $821,000,000, to remain available until expended to dredge Federal navigation channels and repair damage to United States Army Corps of Engineers projects: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies for necessary expenses related to the consequences of Hurricane Sandy, $1,008,000,000, to remain available until expended to prepare for flood, hurricane, and other natural disasters and support emergency operations, repairs and other activities as authorized by law: Provided, That $430,000,000 of the funds provided herein shall be made available not earlier than 14 days after the Secretary of the Army submits the report required under the heading Investigations to be submitted not later than March 1, 2013, and shall be utilized by the United States Army Corps of Engineers to restore projects impacted by Hurricane Sandy in the North Atlantic Division of the Corps to design profiles of the authorized projects: Provided further, That the provisions of section 902 of the Water Resources Development Act of 1986 shall not apply to funds provided under this heading: Provided further, That the amounts in this paragraph are designated by the Congress as being for an emergency requirement pursuant section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. Expenses For an additional amount for Expenses for necessary expenses related to the consequences of Hurricane Sandy, $10,000,000, to remain available until expended to oversee emergency response and recovery activities: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further, That the Assistant Secretary of the Army for Civil Works shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate detailing the allocation and obligation of these funds, beginning not later than 60 days after enactment of this division. General provision—this chapter 1041. This chapter shall apply in place of title II of this division, and such title shall have no force or effect. 5 General Services Administration Real property Activities Federal buildings fund For an additional amount to be deposited in the Federal Buildings Fund , $7,000,000, to remain available until September 30, 2015, for necessary expenses related to the consequences of Hurricane Sandy, for basic repair and alteration of buildings under the custody and control of the Administrator of General Services, and real property management and related activities not otherwise provided for: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Small Business Administration Salaries and expenses The provisions under this heading in title III of this division shall be applied by substituting $20,000,000 for $10,000,000 . Office of inspector general For an additional amount for Office of Inspector General , $5,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title III of this division, and such previous provisions shall have no force or effect. Disaster loans program account (including transfers of funds) For an additional amount for Disaster Loans Program Account for the cost of direct loans authorized by section 7(b) of the Small Business Act, $520,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be defined in section 502 of the Congressional Budget Act of 1974: Provided further, That in addition, for administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, an additional $260,000,000 to remain available until expended, of which $250,000,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses, and of which $10,000,000 is for indirect administrative expenses for the direct loan program, which may to be transferred to and merged with appropriations for Salaries and Expenses: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title III of this division, and such previous provisions shall have no force or effect. 6 Department of Homeland Security United States Customs and Border Protection Salaries and Expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $1,667,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That a description of all property to be replaced, with associated costs, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. United States Immigration and Customs Enforcement Salaries and Expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $855,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That a description of all property to be replaced, with associated costs, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. United States Secret Service Salaries and Expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $300,000: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That a description of all property to be replaced, with associated costs, shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 90 days after the date of enactment of this division. Coast Guard Acquisition, construction, and improvements (Including transfer of funds) The provisions under this heading in title IV of this division shall be applied by substituting $274,233,000 for $143,899,000 . Federal Emergency Management Agency Disaster Relief Fund (Including Transfer of Funds) For an additional amount for the Disaster Relief Fund in carrying out the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), $11,487,735,000, to remain available until expended: Provided , That of the total amount provided, $5,379,000,000 shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That the amount in the preceding proviso is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That of the total amount provided, $6,108,735,000 is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 which shall be for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That of the total amount provided, $3,000,000 shall be transferred to the Department of Homeland Security Office of Inspector General for audits and investigations related to disasters; Provided further , That the Administrator of the Federal Emergency Management Agency shall publish on the Agency’s website not later than 24 hours after an award of a public assistance grant under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5172 ) the specifics of the grant award: Provided further , That for any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster, not later than 24 hours after the issuance of the mission assignment or task order, the Administrator shall publish on the Agency’s website the following: the name of the impacted state and the disaster declaration for such State, the assigned agency, the assistance requested, a description of the disaster, the total cost estimate, and the amount obligated: Provided further , That not later than 10 days after the last day of each month until the mission assignment or task order is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated: Provided further , That for a disaster declaration related to Hurricane Sandy, the Administrator shall submit to the Committees on Appropriations of the House of Representatives and the Senate, not later than 5 days after the first day of each month beginning after the date of enactment of this division, and shall publish on the Agency’s website not later than 10 days after the first day of each such month, an estimate or actual amount, if available, for the current fiscal year of the cost of the following categories of spending: public assistance, individual assistance, operations, mitigation, administrative, and any other relevant category (including emergency measures and disaster resources): Provided further , That not later than 10 days after the first day of each month beginning after the date of enactment of this division, the Administrator shall publish on the Agency’s website the report (referred to as the Disaster Relief Monthly Report) as required by Public Law 112–74 : Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title IV of this division, and such previous provisions shall have no force or effect. Disaster Assistance Direct Loan Program Account For an additional amount for Disaster Assistance Direct Loan Program Account for the cost of direct loans, $300,000,000, to remain available until expended, as authorized by section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 ), of which up to $4,000,000 is for administrative expenses to carry out the direct loan program: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further , That these funds are available to subsidize gross obligations for the principal amount of direct loans not to exceed $400,000,000: Provided further , That these amounts are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Science and Technology Research, development, acquisition, and operations The provisions under this heading in title IV of this division shall be applied by substituting $3,249,000 and September 30, 2014 for $585,000 and September 30, 2013 , respectively. 7 Department of the Interior Fish and wildlife service Construction The provisions under this heading in title V of this division shall be applied by substituting $78,000,000 (reduced by $9,800,000) for $49,875,000 : Provided , That none of the funds made available under such heading in title V may be used to repair seawalls or buildings on islands in the Stewart B. McKinney National Wildlife Refuge. National park service historic preservation fund For an additional amount for the Historic Preservation Fund for necessary expenses related to the consequences of Hurricane Sandy, $50,000,000, to remain available until September 30, 2015, including costs to States necessary to complete compliance activities required by section 106 of the National Historic Preservation Act and costs needed to administer the program: Provided , That grants shall only be available for areas that have received a major disaster declaration pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ): Provided further , That individual grants shall not be subject to a non-Federal matching requirement: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Construction The provisions under this heading in title V of this division shall be applied by substituting $348,000,000 for $234,000,000 . Departmental Operations office of the secretary (including transfers of funds) For an additional amount for Departmental Operations and any Department of the Interior component bureau or office for necessary expenses related to the consequences of Hurricane Sandy, $360,000,000, to remain available until expended: Provided , That funds appropriated herein shall be used to restore and rebuild national parks, national wildlife refuges, and other Federal public assets; increase the resiliency and capacity of coastal habitat and infrastructure to withstand storms and reduce the amount of damage caused by such storms: Provided further , That the Secretary of the Interior may transfer these funds to any other account in the Department and may expend such funds by direct expenditure, grants, or cooperative agreements, including grants to or cooperative agreements with States, Tribes, and municipalities, to carry out the purposes provided herein: Provided further , That the Secretary shall submit to the Committees on Appropriations of the House of Representatives and the Senate a detailed spending plan for the amounts provided herein within 60 days of enactment of this division: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. ENVIRONMENTAL PROTECTION AGENCY Environmental Programs and Management For an additional amount for Environmental Programs and Management for necessary expenses related to the consequences of Hurricane Sandy, $725,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Hazardous Substance Superfund For an additional amount for Hazardous Substance Superfund for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Leaking Underground Storage Tank Fund For an additional amount for Leaking Underground Storage Tank Fund for necessary expenses related to the consequences of Hurricane Sandy, $5,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. State and Tribal Assistance Grants For an additional amount for State and Tribal Assistance Grants , $600,000,000, to remain available until expended, of which $500,000,000 shall be for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act, and of which $100,000,000 shall be for capitalization grants under section 1452 of the Safe Drinking Water Act: Provided , That notwithstanding section 604(a) of the Federal Water Pollution Control Act and section 1452(a)(1)(D) of the Safe Drinking Water Act, funds appropriated herein shall be provided to States in EPA Region 2 for wastewater and drinking water treatment works and facilities impacted by Hurricane Sandy: Provided further , That notwithstanding the requirements of section 603(d) of the Federal Water Pollution Control Act, for the funds appropriated herein, each State shall use not less than 20 percent but not more than 30 percent of the amount of its capitalization grants to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans or grants or any combination of these: Provided further , That the funds appropriated herein shall only be used for eligible projects whose purpose is to reduce flood damage risk and vulnerability or to enhance resiliency to rapid hydrologic change or a natural disaster at treatment works as defined by section 212 of the Federal Water Pollution Control Act or any eligible facilities under section 1452 of the Safe Drinking Water Act, and for other eligible tasks at such treatment works or facilities necessary to further such purposes: Provided further , That the Administrator of the Environmental Protection Agency may retain up to $1,000,000 of the funds appropriated herein for management and oversight: Provided further , That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service capital improvement and maintenance For an additional amount for Capital Improvement and Maintenance for necessary expenses related to the consequences of Hurricane Sandy, $4,400,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. OTHER RELATED AGENCY Smithsonian Institution salaries and expenses For an additional amount for Salaries and Expenses for necessary expenses related to the consequences of Hurricane Sandy, $2,000,000, to remain available until expended: Provided , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. 8 Department of Labor Employment and Training Administration training and employment services (including transfers of funds) For an additional amount for Training and Employment Services , $25,000,000, for the dislocated workers assistance national reserve for necessary expenses directly related to Hurricane Sandy, which shall be available from the date of enactment of this division through September 30, 2013: Provided, That the Secretary of Labor may transfer up to $3,500,000 of such funds to any other Department of Labor account for other Hurricane Sandy reconstruction and recovery needs, including worker protection activities: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. department of health and human services Office of the Secretary public health and social services emergency fund (including transfers of funds) For an additional amount for Public Health and Social Services Emergency Fund for disaster response and recovery, and other expenses directly related to Hurricane Sandy, including making payments under the Head Start Act and additional payments for distribution as provided for under the “Social Services Block Grant Program”, $800,000,000, to remain available until September 30, 2015: Provided, That $100,000,000 shall be transferred to ‘‘Children and Families Services Programs’’ for the Head Start program for the purposes provided herein: Provided further, That $500,000,000 shall be transferred to “Social Services Block Grant” for the purposes provided herein: Provided further, That section 2002(c) of the Social Security Act shall be applied to funds appropriated in the preceding proviso by substituting succeeding 2 fiscal years for succeeding fiscal year : Provided further, That not less than $5,000,000 shall be transferred to the Department of Health and Human Services (“HHS”) “Office of Inspector General” to perform oversight, accountability, and evaluation of programs, projects, or activities supported with the funds provided for the purposes provided herein: Provided further, That notwithstanding any other provision of law, the distribution of any amount shall be limited to the States directly affected by Hurricane Sandy and which have been declared by the President as a major disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act for Hurricane Sandy: Provided further, That none of the funds appropriated in this paragraph shall be included in the calculation of the “base grant” in subsequent fiscal years, as such term is defined in sections 640(a)(7)(A), 641A(h)(1)(B), or 644(d)(3) of the Head Start Act: Provided further, That funds appropriated in this paragraph are not subject to the allocation requirements of section 640(a) of the Head Start Act: Provided further, That funds appropriated in this paragraph for the Social Services Block Grant are in addition to the entitlement grants authorized by section 2002(a)(1) of the Social Security Act and shall not be available for such entitlement grants: Provided further, That in addition to other uses permitted by title XX of the Social Security Act, funds appropriated in this paragraph for the Social Services Block Grant may be used for health services (including mental health services), and for costs of renovating, repairing, or rebuilding health care facilities, child care facilities, or other social services facilities: Provided further, That the remaining $195,000,000 appropriated in this paragraph may be transferred by the Secretary of HHS (“Secretary”) to accounts within HHS, and shall be available only for the purposes provided in this paragraph: Provided further, That the transfer authority provided in this paragraph is in addition to any other transfer authority available in this or any other Act: Provided further, That 15 days prior to the transfer of funds appropriated in this paragraph, the Secretary shall notify the Committees on Appropriations of the House of Representatives and the Senate of any such transfer and the planned uses of the funds: Provided further, That obligations incurred for the purposes provided herein prior to the date of enactment of this division may be charged to funds appropriated by this paragraph: Provided further, That funds appropriated in this paragraph and transferred to the National Institutes of Health for the purpose of supporting the repair or rebuilding of non-Federal biomedical or behavioral research facilities damaged as a result of Hurricane Sandy shall be used to award grants or contracts for such purpose under section 404I of the Public Health Service Act: Provided further, That section 481A(c)(2) of such Act does not apply to the use of funds described in the preceding proviso: Provided further, That funds appropriated in this paragraph shall not be available for costs that are reimbursed by the Federal Emergency Management Agency, under a contract for insurance, or by self-insurance: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985: Provided further , That this paragraph shall apply in place of the previous provisions under this heading in title VI of this division, and such previous provisions shall have no force or effect. 9 Department of Transportation Federal aviation administration Facilities and equipment (airport and airway trust fund) For an additional amount for ‘‘Facilities and Equipment’’, $30,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended, for necessary expenses related to the consequences of Hurricane Sandy: Provided, That such amount is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal highway administration Federal-aid highways Emergency relief program For an additional amount for the Emergency Relief Program as authorized under section 125 of title 23, United States Code, $2,022,000,000, to remain available until expended: Provided , That the obligations for projects under this section resulting from a single natural disaster or a single catastrophic failure in a State shall not exceed $100,000,000, and the total obligations for projects under this section in any fiscal year in the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands shall not exceed $20,000,000: Provided further, That notwithstanding the preceding proviso, the Secretary of Transportation may obligate more than $100,000,000, but not more than $500,000,000, for a single natural disaster event in a State for emergency relief projects arising from damage caused in calendar year 2012 by Hurricane Sandy: Provided further, That no funds provided in this division shall be used for section 125(g) of such title: Provided further, That the amount provided under this heading is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal railroad administration Grants to the national railroad passenger corporation For an additional amount for Grants to the National Railroad Passenger Corporation for the Secretary of Transportation to make capital and debt service grants to the National Railroad Passenger Corporation to advance capital projects that address Northeast Corridor infrastructure recovery and resiliency in the affected areas, $86,000,000, to remain available until expended: Provided , That none of the funds may be used to subsidize operating losses of the Corporation: Provided further, That as a condition of eligibility for receipt of such funds, the Corporation shall not, after the enactment of this division, use any funds provided for Capital and Debt Service Grants to the National Railroad Passenger Corporation in this division or any other Act for operating expenses, which includes temporary transfers of such funds: Provided further , That the Administrator of the Federal Railroad Administration may retain up to one-half of 1 percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this heading: Provided further, That for an additional amount for the Secretary to make operating subsidy grants to the National Railroad Passenger Corporation for necessary repairs related to the consequences of Hurricane Sandy, $32,000,000, to remain available until expended: Provided further, That each amount under this heading is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Federal transit administration Public transportation emergency relief program (including transfer of funds) For the Public Transportation Emergency Relief Program as authorized under section 5324 of title 49, United States Code, $10,900,000,000, to remain available until expended, for recovery and relief efforts in the areas most affected by Hurricane Sandy: Provided, That not more than $2,000,000,000 shall be made available not later than 60 days after the enactment of this division: Provided further, That the remainder of the funds shall be made available only after the Federal Transit Administration and the Federal Emergency Management Agency sign the Memorandum of Agreement required by section 20017(b) of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ) and the Federal Transit Administration publishes interim regulations for the Public Transportation Emergency Relief Program: Provided further, That of the funds provided under this heading, the Secretary of Transportation may transfer up to $5,383,000,000 to the appropriate agencies to fund programs authorized under titles 23 and 49, United States Code, in order to carry out projects related to reducing risk of damage from future disasters in areas impacted by Hurricane Sandy: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate shall be notified at least 15 days in advance of any such transfer: Provided further, That up to three-quarters of 1 percent of the funds retained for public transportation emergency relief shall be available for the purposes of administrative expenses and ongoing program management oversight as authorized under 49 U.S.C. 5334 and 5338(i)(2) and shall be in addition to any other appropriations for such purposes: Provided further, That, of the funds made available under this heading, $6,000,000 shall be transferred to the Office of Inspector General to support the oversight of activities funded under this heading: Provided further, That such amounts are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of Housing and Urban Development Community planning and development Community development fund (including transfers of funds) For an additional amount for Community Development Fund , $16,000,000,000, to remain available until September 30, 2017, for necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization in the most impacted and distressed areas resulting from a major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) due to Hurricane Sandy and other eligible events in calendar years 2011, 2012, and 2013, for activities authorized under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided, That funds shall be awarded directly to the State or unit of general local government as a grantee at the discretion of the Secretary of Housing and Urban Development: Provided further, That the Secretary shall allocate to grantees not less than 33 percent of the funds provided under this heading within 60 days after the enactment of this division based on the best available data: Provided further, That prior to the obligation of funds, a grantee shall submit a plan to the Secretary for approval detailing the proposed use of all funds, including criteria for eligibility and how the use of these funds will address long-term recovery and restoration of infrastructure and housing and economic revitalization in the most impacted and distressed areas: Provided further, That the Secretary shall by notice specify the criteria for approval of such plans within 45 days of enactment of this division: Provided further, That if the Secretary determines that a plan does not meet such criteria, the Secretary shall disapprove the plan: Provided further, That funds provided under this heading may not be used for activities reimbursable by or for which funds are made available by the Federal Emergency Management Agency or the Army Corps of Engineers: Provided further, That funds allocated under this heading shall not be considered relevant to the non-disaster formula allocations made pursuant to section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ): Provided further, That a grantee may use up to 5 percent of its allocation for administrative costs: Provided further, That a grantee shall administer grant funds provided under this heading in accordance with all applicable laws and regulations and may not delegate, by contract or otherwise, the responsibility for administering such grant funds: Provided further, That as a condition of making any grant, the Secretary shall certify in advance that such grantee has in place proficient financial controls and procurement processes and has established adequate procedures to prevent any duplication of benefits as defined by section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 ), to ensure timely expenditure of funds, to maintain comprehensive websites regarding all disaster recovery activities assisted with these funds, and to detect and prevent waste, fraud, and abuse of funds: Provided further, That the Secretary shall provide grantees with technical assistance on contracting and procurement processes and shall require grantees, in contracting or procuring these funds, to incorporate performance requirements and penalties into any such contracts or agreements: Provided further, That the Secretary shall require grantees to maintain on a public website information accounting for how all grant funds are used, including details of all contracts and ongoing procurement processes: Provided further, That, in administering the funds under this heading, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the recipient of these funds (except for requirements related to fair housing, nondiscrimination, labor standards, and the environment) pursuant to a determination by the Secretary that good cause exists for the waiver or alternative requirement and that such action is not inconsistent with the overall purposes of title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ): Provided further, That, notwithstanding the preceding proviso, recipients of funds provided under this heading that use such funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) may adopt, without review or public comment, any environmental review, approval, or permit performed by a Federal agency, and such adoption shall satisfy the responsibilities of the recipient with respect to such environmental review, approval or permit: Provided further, That, notwithstanding section 104(g)(2) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(g)(2) ), the Secretary may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project assisted under this heading if the recipient has adopted an environmental review, approval or permit under the preceding proviso or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ): Provided further, That a waiver granted by the Secretary may not reduce the percentage of funds that must be used for activities that benefit persons of low and moderate income to less than 50 percent, unless the Secretary specifically finds that there is a compelling need to further reduce or eliminate the percentage requirement: Provided further, That the Secretary shall publish in the Federal Register any waiver of any statute or regulation that the Secretary administers pursuant to title I of the Housing and Community Development Act of 1974 no later than 5 days before the effective date of such waiver: Provided further, That, of the funds made available under this heading, up to $10,000,000 may be transferred to “Program Office Salaries and Expenses, Community Planning and Development” for necessary costs, including information technology costs, of administering and overseeing funds made available under this heading: Provided further, That of the funds made available under this heading, $10,000,000 shall be transferred to “Office of the Inspector General” for necessary costs of overseeing and auditing funds made available under this heading: Provided further, That the amounts provided under this heading are designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. General provisions—This chapter 1091. For fiscal year 2013, upon request by a public housing agency and supported by documentation as required by the Secretary of Housing and Urban Development that demonstrates that the need for the adjustment is due to the disaster, the Secretary may make temporary adjustments to the section 8 housing choice voucher annual renewal funding allocations and administrative fee eligibility determinations for public housing agencies in an area for which the President declared a disaster during such fiscal year under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. ), to avoid significant adverse funding impacts that would otherwise result from the disaster. 1092. The Departments of Transportation and Housing and Urban Development shall submit to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of the enactment of this division a plan for implementing the provisions in this chapter, and updates to such plan on a biannual basis thereafter. 1093. None of the funds provided in this chapter to the Department of Transportation or the Department of Housing and Urban Development may be used to make a grant unless the Secretary of such Department notifies the Committees on Appropriations of the House of Representatives and the Senate not less than 3 full business days before any project, State or locality is selected to receive a grant award totaling $1,000,000 or more is announced by either Department or a modal administration. 1094. This chapter shall apply in place of title VIII of this division, and such title shall have no force or effect. 1095. The amounts otherwise provided by this division are revised by reducing the amount made available for Small Business Administration—Disaster Loans Program Account for administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act (and within such amount, the amount made available for direct administrative expenses of loan making and servicing to carry out such program), and increasing the amount made available for Department of Veterans Affairs—National Cemetery Administration , by $1,000,000. 1096. None of the funds provided in this division shall be used for land acquisition by the Secretary of the Interior or the Secretary of Agriculture. This division may be cited as the Disaster Relief Appropriations Act, 2013 . B Sandy Recovery Improvement Act of 2013 1101. Short title; table of contents (a) Short title This division may be cited as the Sandy Recovery Improvement Act of 2013 . (b) Table of contents The table of contents for this division is as follows: Sec. 1101. Short title; table of contents. Sec. 1102. Public assistance program alternative procedures. Sec. 1103. Federal assistance to individuals and households. Sec. 1104. Hazard mitigation. Sec. 1105. Dispute resolution pilot program. Sec. 1106. Unified Federal review. Sec. 1107. Simplified procedures. Sec. 1108. Essential assistance. Sec. 1109. Individual assistance factors. Sec. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act. Sec. 1111. Recommendations for reducing costs of future disasters. 1102. Public assistance program alternative procedures Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended— (1) by redesignating the second section 425 (relating to essential service providers) as section 427; and (2) by adding at the end the following: 428. Public assistance program alternative procedures (a) Approval of projects The President, acting through the Administrator of the Federal Emergency Management Agency, may approve projects under the alternative procedures adopted under this section for any major disaster or emergency declared on or after the date of enactment of this section. The Administrator may also apply the alternate procedures adopted under this section to a major disaster or emergency declared before enactment of this Act for which construction has not begun as of the date of enactment of this Act. (b) Adoption The Administrator, in coordination with States, tribal and local governments, and owners or operators of private nonprofit facilities, may adopt alternative procedures to administer assistance provided under sections 403(a)(3)(A), 406, 407, and 502(a)(5). (c) Goals of procedures The alternative procedures adopted under subsection (a) shall further the goals of— (1) reducing the costs to the Federal Government of providing such assistance; (2) increasing flexibility in the administration of such assistance; (3) expediting the provision of such assistance to a State, tribal or local government, or owner or operator of a private nonprofit facility; and (4) providing financial incentives and disincentives for a State, tribal or local government, or owner or operator of a private nonprofit facility for the timely and cost-effective completion of projects with such assistance. (d) Participation Participation in the alternative procedures adopted under this section shall be at the election of a State, tribal or local government, or owner or operator of a private nonprofit facility consistent with procedures determined by the Administrator. (e) Minimum procedures The alternative procedures adopted under this section shall include the following: (1) For repair, restoration, and replacement of damaged facilities under section 406— (A) making grants on the basis of fixed estimates, if the State, tribal or local government, or owner or operator of the private nonprofit facility agrees to be responsible for any actual costs that exceed the estimate; (B) providing an option for a State, tribal or local government, or owner or operator of a private nonprofit facility to elect to receive an in-lieu contribution, without reduction, on the basis of estimates of— (i) the cost of repair, restoration, reconstruction, or replacement of a public facility owned or controlled by the State, tribal or local government or owner or operator of a private nonprofit facility; and (ii) management expenses; (C) consolidating, to the extent determined appropriate by the Administrator, the facilities of a State, tribal or local government, or owner or operator of a private nonprofit facility as a single project based upon the estimates adopted under the procedures; (D) if the actual costs of a project completed under the procedures are less than the estimated costs thereof, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for— (i) cost-effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster; and (ii) other activities to improve future Public Assistance operations or planning; (E) in determining eligible costs under section 406, the Administrator shall make available, at an applicant’s request and where the Administrator or the certified cost estimate prepared by the applicant’s professionally licensed engineers has estimated an eligible Federal share for a project of at least $5,000,000, an independent expert panel to validate the estimated eligible cost consistent with applicable regulations and policies implementing this section; and (F) in determining eligible costs under section 406, the Administrator shall, at the applicant’s request, consider properly conducted and certified cost estimates prepared by professionally licensed engineers (mutually agreed upon by the Administrator and the applicant), to the extent that such estimates comply with applicable regulations, policy, and guidance. (2) For debris removal under sections 403(a)(3)(A), 407, and 502(a)(5)— (A) making grants on the basis of fixed estimates to provide financial incentives and disincentives for the timely or cost-effective completion if the State, tribal or local government, or owner or operator of the private nonprofit facility agrees to be responsible to pay for any actual costs that exceed the estimate; (B) using a sliding scale for determining the Federal share for removal of debris and wreckage based on the time it takes to complete debris and wreckage removal; (C) allowing use of program income from recycled debris without offset to the grant amount; (D) reimbursing base and overtime wages for employees and extra hires of a State, tribal or local government, or owner or operator of a private nonprofit facility performing or administering debris and wreckage removal; (E) providing incentives to a State or tribal or local government to have a debris management plan approved by the Administrator and have pre-qualified 1 or more debris and wreckage removal contractors before the date of declaration of the major disaster; and (F) if the actual costs of projects under subparagraph (A) are less than the estimated costs of the project, the Administrator may permit a grantee or subgrantee to use all or part of the excess funds for— (i) debris management planning; (ii) acquisition of debris management equipment for current or future use; and (iii) other activities to improve future debris removal operations, as determined by the Administrator. (f) Waiver authority Until such time as the Administrator promulgates regulations to implement this section, the Administrator may— (1) waive notice and comment rulemaking, if the Administrator determines the waiver is necessary to expeditiously implement this section; and (2) carry out the alternative procedures under this section as a pilot program. (g) Overtime payments The guidelines for reimbursement for costs under subsection (e)(2)(D) shall ensure that no State or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (h) Report (1) In general Not earlier than 3 years, and not later than 5 years, after the date of enactment of this section, the Inspector General of the Department of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the alternative procedures for the repair, restoration, and replacement of damaged facilities under section 406 authorized under this section. (2) Contents The report shall contain an assessment of the effectiveness of the alternative procedures, including— (A) whether the alternative procedures helped to improve the general speed of disaster recovery; (B) the accuracy of the estimates relied upon; (C) whether the financial incentives and disincentives were effective; (D) whether the alternative procedures were cost effective; (E) whether the independent expert panel described in subsection (e)(1)(E) was effective; and (F) recommendations for whether the alternative procedures should be continued and any recommendations for changes to the alternative procedures. . 1103. Federal assistance to individuals and households Section 408(c)(1)(B) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(c)(1)(B) ) is amended— (1) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv), respectively; (2) by inserting after clause (i) the following: (ii) Lease and repair of rental units for temporary housing (I) In general The President, to the extent the President determines it would be a cost-effective alternative to other temporary housing options, may— (aa) enter into lease agreements with owners of multifamily rental property located in areas covered by a major disaster declaration to house individuals and households eligible for assistance under this section; and (bb) make repairs or improvements to properties under such lease agreements, to the extent necessary to serve as safe and adequate temporary housing. (II) Improvements or repairs Under the terms of any lease agreement for property entered into under this subsection, the value of the improvements or repairs— (aa) shall be deducted from the value of the lease agreement; and (bb) may not exceed the value of the lease agreement. ; and (3) in clause (iv) (as so redesignated) by striking clause (ii) and inserting clause (iii) . 1104. Hazard mitigation (a) Streamlined procedures; advance assistance Section 404 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c ) is amended by adding at the end the following: (d) Streamlined procedures (1) In general For the purpose of providing assistance under this section, the President shall ensure that— (A) adequate resources are devoted to ensure that applicable environmental reviews under the National Environmental Policy Act of 1969 and historic preservation reviews under the National Historic Preservation Act are completed on an expeditious basis; and (B) the shortest existing applicable process under the National Environmental Policy Act of 1969 and the National Historic Preservation Act is utilized. (2) Authority for other expedited procedures The President may utilize expedited procedures in addition to those required under paragraph (1) for the purpose of providing assistance under this section, such as procedures under the Prototype Programmatic Agreement of the Federal Emergency Management Agency, for the consideration of multiple structures as a group and for an analysis of the cost-effectiveness and fulfillment of cost-share requirements for proposed hazard mitigation measures. (e) Advance assistance The President may provide not more than 25 percent of the amount of the estimated cost of hazard mitigation measures to a State grantee eligible for a grant under this section before eligible costs are incurred. . (b) Establishment of criteria relating to administration of hazard mitigation assistance by states Section 404(c)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170c(c)(2) ) is amended by inserting after applications submitted under paragraph (1). the following: Until such time as the Administrator promulgates regulations to implement this paragraph, the Administrator may waive notice and comment rulemaking, if the Administrator determines doing so is necessary to expeditiously implement this section, and may carry out this section as a pilot program. . (c) Applicability The authority under the amendments made by this section shall apply to— (1) any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) on or after the date of enactment of this division; and (2) a major disaster or emergency declared under that Act before the date of enactment of this division for which the period for processing requests for assistance has not ended as of the date of enactment of this division. 1105. Dispute resolution pilot program (a) Definitions In this section, the following definitions apply: (1) Administrator The term Administrator means the Administrator of the Federal emergency Management Agency. (2) Eligible assistance The term eligible assistance means assistance— (A) under section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b , 5172, 5173); (B) for which the legitimate amount in dispute is not less than $1,000,000, which sum the Administrator shall adjust annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor; (C) for which the applicant has a non-Federal share; and (D) for which the applicant has received a decision on a first appeal. (b) Procedures (1) In general Not later than 180 days after the date of enactment of this section, and in order to facilitate an efficient recovery from major disasters, the Administrator shall establish procedures under which an applicant may request the use of alternative dispute resolution, including arbitration by an independent review panel, to resolve disputes relating to eligible assistance. (2) Binding effect A decision by an independent review panel under this section shall be binding upon the parties to the dispute. (3) Considerations The procedures established under this section shall— (A) allow a party of a dispute relating to eligible assistance to request an independent review panel for the review; (B) require a party requesting an independent review panel as described in subparagraph (A) to agree to forgo rights to any further appeal of the dispute relating to any eligible assistance; (C) require that the sponsor of an independent review panel for any alternative dispute resolution under this section be— (i) an individual or entity unaffiliated with the dispute (which may include a Federal agency, an administrative law judge, or a reemployed annuitant who was an employee of the Federal Government) selected by the Administrator; and (ii) responsible for identifying and maintaining an adequate number of independent experts qualified to review and resolve disputes under this section; (D) require an independent review panel to— (i) resolve any remaining disputed issue in accordance with all applicable laws, regulations, and Agency interpretations of those laws through its published policies and guidance; (ii) consider only evidence contained in the administrative record, as it existed at the time at which the Agency made its initial decision; (iii) only set aside a decision of the Agency found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; and (iv) in the case of a finding of material fact adverse to the claimant made on first appeal, only set aside or reverse such finding if the finding is clearly erroneous; (E) require an independent review panel to expeditiously issue a written decision for any alternative dispute resolution under this section; and (F) direct that if an independent review panel for any alternative dispute resolution under this section determines that the basis upon which a party submits a request for alternative dispute resolution is frivolous, the independent review panel shall direct the party to pay the reasonable costs to the Federal Emergency Management Agency relating to the review by the independent review panel. Any funds received by the Federal Emergency Management Agency under the authority of this section shall be deposited to the credit of the appropriation or appropriations available for the eligible assistance in dispute on the date on which the funds are received. (c) Sunset A request for review by an independent review panel under this section may not be made after December 31, 2015. (d) Report (1) In general Not later than 270 days after the termination of authority under this section under subsection (c), the Comptroller General of the United States shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report analyzing the effectiveness of the program under this section. (2) Contents The report submitted under paragraph (1) shall include— (A) a determination of the availability of data required to complete the report; (B) an assessment of the effectiveness of the program under this section, including an assessment of whether the program expedited or delayed the disaster recovery process; (C) an assessment of whether the program increased or decreased costs to administer section 403, 406, or 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; (D) an assessment of the procedures and safeguards that the independent review panels established to ensure objectivity and accuracy, and the extent to which they followed those procedures and safeguards; (E) a recommendation as to whether any aspect of the program under this section should be made a permanent authority; and (F) recommendations for any modifications to the authority or the administration of the authority under this section in order to improve the disaster recovery process. 1106. Unified Federal review Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended by this division) is further amended by adding at the end the following: 429. Unified Federal review (a) In general Not later than 18 months after the date of enactment of this section, and in consultation with the Council on Environmental Quality and the Advisory Council on Historic Preservation, the President shall establish an expedited and unified interagency review process to ensure compliance with environmental and historic requirements under Federal law relating to disaster recovery projects, in order to expedite the recovery process, consistent with applicable law. (b) Contents The review process established under this section shall include mechanisms to expeditiously address delays that may occur during the recovery from a major disaster and be updated, as appropriate, consistent with applicable law. . 1107. Simplified procedures Section 422 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5189 ) is amended— (1) by striking If the Federal estimate and inserting (a) In general .—If the Federal estimate ; (2) by inserting (or, if the Administrator has established a threshold under subsection (b), the amount established under subsection (b)) after $35,000 the first place it appears; (3) by inserting or, if applicable, the amount established under subsection (b), after $35,000 amount the second place it appears; and (4) by adding at the end the following: (b) Threshold (1) Report Not later than 1 year after the date of enactment of this subsection, the President, acting through the Administrator of the Federal Emergency Management Agency (in this section referred to as the Administrator ), shall— (A) complete an analysis to determine whether an increase in the threshold for eligibility under subsection (a) is appropriate, which shall include consideration of cost-effectiveness, speed of recovery, capacity of grantees, past performance, and accountability measures; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis conducted under subparagraph (A). (2) Amount After the Administrator submits the report required under paragraph (1), the President shall direct the Administrator to— (A) immediately establish a threshold for eligibility under this section in an appropriate amount, without regard to chapter 5 of title 5, United States Code; and (B) adjust the threshold annually to reflect changes in the Consumer Price Index for all Urban Consumers published by the Department of Labor. (3) Review Not later than 3 years after the date on which the Administrator establishes a threshold under paragraph (2), and every 3 years thereafter, the President, acting through the Administrator, shall review the threshold for eligibility under this section. . 1108. Essential assistance (a) Other needs assistance Section 408(e)(1) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5174(e)(1) ) is amended— (1) in the paragraph heading by inserting child care, after dental, ; and (2) by inserting child care, after dental, . (b) Salaries and benefits Section 403 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170b ) is amended by adding at the end the following: (d) Salaries and benefits (1) In general If the President declares a major disaster or emergency for an area within the jurisdiction of a State, tribal, or local government, the President may reimburse the State, tribal, or local government for costs relating to— (A) basic pay and benefits for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section, if— (i) the work is not typically performed by the employees; and (ii) the type of work may otherwise be carried out by contract or agreement with private organizations, firms, or individuals.; or (B) overtime and hazardous duty compensation for permanent employees of the State, tribal, or local government conducting emergency protective measures under this section. (2) Overtime The guidelines for reimbursement for costs under paragraph (1) shall ensure that no State, tribal, or local government is denied reimbursement for overtime payments that are required pursuant to the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). (3) No effect on mutual aid pacts Nothing in this subsection shall affect the ability of the President to reimburse labor force expenses provided pursuant to an authorized mutual aid pact. . 1109. Individual assistance factors In order to provide more objective criteria for evaluating the need for assistance to individuals, to clarify the threshold for eligibility and to speed a declaration of a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ), not later than 1 year after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency, in cooperation with representatives of State, tribal, and local emergency management agencies, shall review, update, and revise through rulemaking the factors considered under section 206.48 of title 44, Code of Federal Regulations (including section 206.48(b)(2) of such title relating to trauma and the specific conditions or losses that contribute to trauma), to measure the severity, magnitude, and impact of a disaster. 1110. Tribal requests for a major disaster or emergency declaration under the Stafford Act (a) Major disaster requests Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) is amended— (1) by striking All requests for a declaration and inserting (a) In general.— All requests for a declaration ; and (2) by adding at the end the following: (b) Indian tribal government requests (1) In general The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that a major disaster exists consistent with the requirements of subsection (a). (2) References In implementing assistance authorized by the President under this Act in response to a request of the Chief Executive of an affected Indian tribal government for a major disaster declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate. (3) Savings provision Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. (c) Cost share adjustments for Indian tribal governments (1) In general In providing assistance to an Indian tribal government under this title, the President may waive or adjust any payment of a non-Federal contribution with respect to the assistance if— (A) the President has the authority to waive or adjust the payment under another provision of this title; and (B) the President determines that the waiver or adjustment is necessary and appropriate. (2) Criteria for making determinations The President shall establish criteria for making determinations under paragraph (1)(B). . (b) Emergency requests Section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ) is amended by adding at the end the following: (c) Indian tribal government requests (1) In general The Chief Executive of an affected Indian tribal government may submit a request for a declaration by the President that an emergency exists consistent with the requirements of subsection (a). (2) References In implementing assistance authorized by the President under this title in response to a request of the Chief Executive of an affected Indian tribal government for an emergency declaration, any reference in this title or title III (except sections 310 and 326) to a State or the Governor of a State is deemed to refer to an affected Indian tribal government or the Chief Executive of an affected Indian tribal government, as appropriate. (3) Savings provision Nothing in this subsection shall prohibit an Indian tribal government from receiving assistance under this title through a declaration made by the President at the request of a State under subsection (a) if the President does not make a declaration under this subsection for the same incident. . (c) Definitions Section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) is amended— (1) in paragraph (7)(B) by striking ; and and inserting , that is not an Indian tribal government as defined in paragraph (6); and ; (2) by redesignating paragraphs (6) through (10) as paragraphs (7) through (11), respectively; (3) by inserting after paragraph (5) the following: (6) Indian tribal government The term Indian tribal government means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a et seq. ). ; and (4) by adding at the end the following: (12) Chief executive The term Chief Executive means the person who is the Chief, Chairman, Governor, President, or similar executive official of an Indian tribal government. . (d) References Title I of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ) is amended by adding after section 102 the following: 103. References Except as otherwise specifically provided, any reference in this Act to State and local , State or local , State, and local , State, or local , or State, local (including plurals) with respect to governments or officials and any reference to a local government in sections 406(d)(3) and 417 is deemed to refer also to Indian tribal governments and officials, as appropriate. . (e) Regulations (1) Issuance The President shall issue regulations to carry out the amendments made by this section. (2) Factors In issuing the regulations, the President shall consider the unique conditions that affect the general welfare of Indian tribal governments. 1111. Recommendations for reducing costs of future disasters (a) Report to Congress Not later than 180 days after the date of enactment of this division, the Administrator of the Federal Emergency Management Agency shall submit to Congress recommendations for the development of a national strategy for reducing future costs, loss of life, and injuries associated with extreme disaster events in vulnerable areas of the United States. (b) National strategy The national strategy should— (1) respect the constitutional role and responsibilities of Federal, State, and local governments and the private sector; (2) consider the vulnerability of the United States to damage from flooding, severe weather events, and other hazards; (3) analyze gaps and duplication of emergency preparedness, response, recovery, and mitigation measures provided by Federal, State, and local entities; and (4) include recommendations on how to improve the resiliency of local communities and States for the purpose of lowering future costs of disaster response and recovery. Passed the House of Representatives January 15, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr152eh/xml/BILLS-113hr152eh.xml