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113-hr-2756

I 113th CONGRESS 1st Session H. R. 2756 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Al Green of Texas (for himself, Mr. Cohen , Mr. Butterfield , Mr. Hinojosa , Mr. Honda , and Ms. Moore ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require any State which, after enacting a Congressional redistricting plan after a decennial census and apportionment of Representatives, enacts a subsequent Congressional redistricting plan prior to the next decennial census and apportionment of Representatives, to obtain a declaratory judgment or preclearance in the manner provided under section 5 of the Voting Rights Act of 1965 in order for the subsequent plan to take effect. 1. Short title This Act may be cited as the Redistricting and Voter Protection Act of 2013 . 2. Requiring declaratory judgment or preclearance as prerequisite for multiple congressional redistricting plans enacted pursuant to same decennial census and apportionment of representatives (a) Declaratory Judgment that Plan Does Not Deny or Abridge Right To Vote on Account of Race or Color Except as provided in subsection (b), after a State enacts a Congressional redistricting plan in the manner provided by law after an apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), any subsequent Congressional redistricting plan enacted by the State prior to the next apportionment of Representatives under such section shall not take effect unless and until— (1) the State commences a civil action in the United States District Court for the District of Columbia for a declaratory judgment that such subsequent plan neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2) of the Voting Rights Act of 1965 ( 42 U.S.C. 1973b(b) ); and (2) the court enters such a declaratory judgment. (b) Preclearance A subsequent Congressional redistricting plan described in subsection (a) may take effect if— (1) the chief legal officer or other appropriate official of the State involved submits the plan to the Attorney General and the Attorney General has not interposed an objection within 60 days of such submission; or (2) upon good cause shown, to facilitate an expedited approval within 60 days of such submission, the Attorney General has affirmatively indicated that such objection will not be made. (c) Application of Voting Rights Act of 1965 For purposes of the Voting Rights Act of 1965, a declaratory judgment under subsection (a) or a preclearance under subsection (b), and the proceedings related to such judgment or preclearance, shall be treated as a declaratory judgment or preclearance under section 5 of such Act ( 42 U.S.C. 1973c ). 3. No effect on redistricting plans enacted pursuant to court order Section 1 does not apply with respect to any subsequent Congressional redistricting plan described in section 1(a) if the plan is enacted by a State pursuant to a court order in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2756ih/xml/BILLS-113hr2756ih.xml

113-hr-2757

I 113th CONGRESS 1st Session H. R. 2757 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Ms. Eddie Bernice Johnson of Texas (for herself, Mr. Rangel , Mr. Ellison , Ms. Norton , Mr. Holt , Mrs. Negrete McLeod , Mr. Farr , and Ms. Lee of California ) 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 remove the exclusion from medical assistance under the Medicaid Program of items and services for patients in an institution for mental diseases. 1. Removal of Medicaid exclusion from medical assistance of items and services furnished to patients in an institution for mental diseases (a) In general The first sentence of section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended, in the matter following paragraph (29)— (1) by striking such term does not include— and (A) any and inserting such term does not include any ; (2) by striking ; or and inserting a period; and (3) by striking subparagraph (B). (b) Conforming amendments To permit medical assistance for IMD patients under 65 years of age The following provisions of such Act are each amended by striking 65 years of age or older and 65 years of age or over each place it appears: (1) Paragraphs (20) and (21) of section 1902(a) ( 42 U.S.C. 1396b(a) ). (2) Section 1905(a)(14) ( 42 U.S.C. 1396d(a)(14) ). (3) Section 1919(d)(7)(B)(i)(I) ( 42 U.S.C. 1396r(d)(7)(B)(i)(I) ). (c) Effective date The amendments made by this section shall take effect on October 1, 2013, and shall apply to items and services furnished on or after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr2757ih/xml/BILLS-113hr2757ih.xml

113-hr-2758

I 113th CONGRESS 1st Session H. R. 2758 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Ms. Lofgren introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. 1. Short title; finding of constitutional authority (a) Short title This Act may be cited as the Redistricting Reform Act of 2013 . (b) Finding Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the Fourteenth Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Limit on congressional redistricting after an apportionment The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ). . 3. Requiring redistricting to be conducted through plan of independent State commission or plan of highest State court (a) Use of plan required (1) In general Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with— (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 5; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 6. (2) Other criteria and procedures permitted Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting: in the manner provided by the Redistricting Reform Act of 2013 . 4. Independent redistricting commission (a) Appointment of members (1) In general Each State shall establish an independent redistricting commission composed of the following members, each of whom is among the pool of nominees presented to the legislature by the Governor of the State under subsection (b)(1): (A) A number of members who are affiliated with the political party with the largest percentage of the registered voters in the State who are affiliated with a political party and a number of members who are affiliated with the political party with the second largest percentage of the registered voters in the State who are affiliated with a political party (as determined with respect to the most recent Statewide election for Federal office held in the State for which such information is available), such that the percentage of the members of the commission who are affiliated with each such party is (to the greatest extent practicable) equal to the percentage of registered voters in the State who are affiliated with such party, appointed with the approval of at least 2 of the following: (i) The leader of the party with the greatest number of seats in the upper house of the State legislature. (ii) The leader of the party with the second greatest number of seats in the upper house of the State legislature. (iii) The leader of the party with the greatest number of seats in the lower house of the State legislature. (iv) The leader of the party with the second greatest number of seats in the lower house of the State legislature. (B) A number of members who are not affiliated with any of the political parties referred to in subparagraph (A), who shall be appointed by not fewer than 2/3 of the members appointed under subparagraph (A), such that the percentage of the members of the commission who are appointed under this subparagraph is (to the greatest extent practicable) equal to the percentage of registered voters in the State who are not affiliated with any of the political parties referred to in subparagraph (A) (with respect to the most recent statewide election for Federal office held in the State for which such information is available). (2) Special rule for states with unicameral legislature In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of the following members, each of whom is among the pool of nominees presented to the legislature by the Governor of the State under subsection (b)(1): (A) A number of members who are affiliated with the political party with the largest percentage of the registered voters in the State who are affiliated with a political party and a number of members who are affiliated with the political party with the second largest percentage of the registered voters in the State who are affiliated with a political party (as determined with respect to the most recent Statewide election for Federal office held in the State for which such information is available), such that the percentage of the members of the commission who are affiliated with each such party is (to the greatest extent practicable) equal to the percentage of registered voters in the State who are affiliated with such party, appointed with the approval of at least one of the following: (i) The leader of the party with the greatest number of seats in the legislature. (ii) The leader of the party with the second greatest number of seats in the legislature. (B) A number of members who are not affiliated with any of the political parties referred to in subparagraph (A), who shall be appointed by not fewer than 2/3 of the members appointed under subparagraph (A), such that the percentage of the members of the commission who are appointed under this subparagraph is (to the greatest extent practicable) equal to the percentage of registered voters in the State who are not affiliated with any of the political parties referred to in subparagraph (A) (with respect to the most recent statewide election for Federal office held in the State for which such information is available). (3) Number of members A State’s independent redistricting commission established under this subsection shall have such number of members as the Governor of the State determines, except that the commission may not have more than 19 members. (4) Chair Members of an independent redistricting commission established under this subsection shall select by majority vote one member to serve as chair of the commission. (5) Representation of various demographic groups The membership of a State’s independent redistricting commission established under this subsection shall reflect various demographic groups of the State, including various ages, races, ethnicities, genders, and individuals from various geographic regions of the State. Nothing in this paragraph shall be construed to establish a specific quota for the number of members of a commission who are affiliated with any demographic group. (6) Determination of political party affiliation For purposes of this subsection, an individual shall be considered to be affiliated with a political party if the individual is registered with the party with respect to each of the 3 most recent elections for Federal office occurring prior to the individual’s appointment. (b) Eligibility (1) Pool of nominees (A) Development of pool by governor The Governor of each State shall develop a pool of nominees for membership on the State’s independent redistricting commission and present that pool to the legislature of the State. (B) Individuals within pool The Governor shall include an individual within the pool of nominees under this paragraph if— (i) the individuals submits an application to the Governor for inclusion in the pool, at such time as the Governor may require; and (ii) the individual meets the criteria for eligibility under paragraph (2) for service as a member of the independent redistricting commission. (C) Publication of names of applicants and reasons for rejection of inclusion The Governor shall make public— (i) the name of each individual who applies to be included in the pool under this paragraph; (ii) the name of each individual who is included in the pool presented to the legislature; and (iii) in the case of any individual who applies to be included in the pool but is not included in the pool presented to the legislature, the reasons for the failure of the Governor to include the individual in the pool. (D) Right to review decision not to include An individual who submits an application for inclusion in the pool under this paragraph and who is not included in the pool presented to the legislature may file an action in the United States district court for the district in which the capital of the State is located for such declaratory and injunctive relief as may be appropriate. (2) In general An individual is eligible to serve as a member of an independent redistricting commission if— (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, serve as an employee of a political party or candidate for election for public office or elected public official, or hold a position as a registered lobbyist under the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1601 et seq. ) or an equivalent State or local law, at any time during the 10-year period ending on the December 31 preceding the date of appointment; (C) the individual is not an immediate family member of a candidate for election for public office or an elected public official; and (D) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ). (3) Discrimination The membership of the Commission shall not be selected in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color. A violation of this paragraph is established if, based on the totality of circumstances, it is shown that the membership of the Commission is not equally open to participation by members of a class of citizens protected by this paragraph in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. (4) Immediate family member defined In paragraph (2)(C), the term immediate family member means, with respect to an individual, a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. (c) Vacancy A vacancy in the commission shall be filled in the manner in which the original appointment was made. (d) Deadline (1) In general Each State shall establish a commission under this section, and the members of the commission shall appoint the commission’s chair, not later than the first February 1 which occurs after the chief executive of a State receives the State apportionment notice (or, in the case of the State apportionment notice with respect to the 2010 decennial census, not later than 30 days after the date of the enactment of this Act). (2) Appointment of chair required prior to development of redistricting plan The commission may not take any action to develop a redistricting plan for the State under section 5 until the appointment of the commission’s chair. (e) Requiring majority approval for actions The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (f) Termination (1) In general The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. 5. Development of Redistricting Plan by Independent Commission; Public Notice and Input (a) Development of redistricting plan (1) Criteria The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Districts shall comply with the Constitution of the United States and the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ). The plan shall neither disperse nor concentrate minority populations protected under the Voting Rights Act in a manner that has an adverse effect on their ability to elect their candidate of choice. (B) District boundaries shall keep communities of interest to the extent practicable. Communities of interest may be based on, but are not limited to, trade areas, natural resources, population density, shared infrastructure, localities with a history of joint governmental cooperation, and other interests articulated by residents in governmental forums. (C) Districts shall each have equal population per representative, to the extent practicable, and in accordance with federal constitutional standards. (D) Districts shall be geographically contiguous. (E) To the extent practicable, district lines shall use visible geographic features and shall remain within geographic boundaries. (F) To the extent practicable and consistent with subparagraphs (A), (B), (C), (D), and (E), district lines shall use city and county boundaries, or undivided census tracts or block groups. (G) To the extent practicable, districts shall be geographically compact. (2) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Public notice and input (A) Public hearings; solicitation of input from public The commission shall hold each of its meetings in public, and shall solicit and take into consideration comments from the public in developing the redistricting plan for the State. The commission shall notify the public through the publication of notice in newspapers of general circulation throughout the State, and through a public Internet site of the State government, of the time and place of its meetings, of its solicitation of public comments, and of the means by which the public should submit comments to the commission. (B) Notice of plans At the time the commission submits a redistricting plan to the legislature of the State under subsection (b)(1), the commission shall notify the public through the publication of notice in newspapers of general circulation throughout the State, and shall publish a detailed version of the plan (including a map showing each Congressional district established under the plan and the voting age population by race of each such district) on a public Internet site of the State government. The commission shall provide such public notice of any redistricting plan it develops for a minimum of four weeks prior to submission of that plan to the legislature as provided for in subsection (b). (b) Submission of plans to legislature (1) In general At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature After receiving any redistricting plan under paragraph (1), the legislature of a State may— (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan (A) In general A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and— (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if— (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. 6. Selection of plan by courts (a) State court (1) Submission and selection of plan If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 5(b)(3) by the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 5 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal court (1) Failure of state court to select plan (A) Notice to court if plan not selected by state court If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 31 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by federal court Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of state to establish commission (A) In general If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice— (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 5(a). (c) Access to information and records of commission A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. 7. Special rule for redistricting conducted under order of Federal court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965, sections 5 and 6 shall apply with respect to the redistricting, except that— (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission’s chair (as described in section 4(d)(1)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(f)) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 6(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 6(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. 8. Payments to States for carrying out redistricting (a) Authorization of payments Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice (or, in the case of the State apportionment notice with respect to the 2010 decennial census, not later than 30 days after the date of the enactment of this Act), the Election Assistance Commission shall make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No payment to states with single member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 9. State apportionment notice defined In this Act, the State apportionment notice means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 10. Civil enforcement and private right of action (a) Attorney general The Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this Act. (b) Availability of Private Right of Action (1) Action challenging contents of State redistricting plan A person who is aggrieved by a violation of this Act which consists of the failure of a State redistricting plan enacted into law under section 5(b)(3) to be in compliance with paragraph (1) or paragraph (2) of section 5(a) may bring a civil action in an appropriate district court for declaratory or injunctive relief. (2) Other actions A person who is aggrieved by a violation of this Act which is not described in paragraph (1) may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation if— (A) the person provides written notice of the violation to the chair of the independent redistricting commission of the State involved; (B) the violation is not corrected during the 90-day period which begins on the date of the receipt of the written notice; and (C) the person brings the action not later than 30 days after the expiration of the 90-day period referred to in clause (ii). (3) Statute of limitations No civil action may be brought under this subsection with respect to a State after the expiration of the 30-day period which begins on the date the State redistricting plan is enacted into law under section 5(b)(3). (c) Expedited Judicial Review In any action brought for declaratory or injunctive relief under this section, the following rules shall apply: (1) The action shall be filed in the appropriate United States district court and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2) The 3-judge court shall consolidate actions brought for relief under subsection (b)(1) with respect to the same State redistricting plan. (3) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (4) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (5) It shall be the duty of the district court and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (d) Location of Court For purposes of an action under this section, the appropriate district court shall be the district court of the United States for the district which includes the capital of the State involved. (e) Attorney’s fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. (f) Relation to other laws (1) The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). (2) Nothing in this Act authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). 11. Effective date This Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2758ih/xml/BILLS-113hr2758ih.xml

113-hr-2759

I 113th CONGRESS 1st Session H. R. 2759 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mrs. McCarthy of New York introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to establish a Volunteer Teacher Advisory Committee. 1. Short title This Act may be cited as the Teachers at the Table Act . 2. Volunteer Teacher Advisory Committee The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by adding after section 1004 ( 20 U.S.C. 6304 ) the following: 1005. Volunteer Teacher Advisory Committee (a) Establishment The Secretary shall establish an advisory committee, to be known as the Volunteer Teacher Advisory Committee (referred to in this section as the Committee ). (b) Duties and focus The duty of the Committee shall be to monitor the effects of this Act, on the ground and in classrooms, and the focus of the Committee shall solely be on children and families. (c) Membership (1) In general The membership of the Committee shall consist of 20 public elementary school or secondary school classroom teachers who— (A) are past or present Teachers of the Year; (B) have received training, or demonstrated experience, in methods of data collection, analysis, and reporting; and (C) have submitted an application to the Secretary to serve on the Committee. (2) List; appointment The Secretary shall compile a list of teachers submitting applications under paragraph (1)(B). The members of the Committee shall be appointed as follows: (A) The Secretary shall appoint 4 teachers from the list. (B) The Majority Leader of the Senate shall appoint 4 teachers from the list. (C) The Minority Leader of the Senate shall appoint 4 teachers from the list. (D) The Speaker of the House of Representatives shall appoint 4 teachers from the list. (E) The Minority Leader of the House of Representatives shall appoint 4 teachers from the list. (3) Representation requirement The members of the Committee shall represent diverse and multiple geographic, grade level, and specialty areas. (4) Term Each member of the Committee shall serve on the Committee for a 2-year term. (d) Annual report (1) In general The Committee shall submit to Congress and the Secretary— (A) on an annual basis, a report on the monitoring carried out under subsection (b); and (B) on a quarterly basis, updates on such monitoring. (2) Contents of report The report submitted under paragraph (1) shall include, at a minimum, the following: (A) Both quantitative and qualitative data that evaluate the effect of this section on student achievement. (B) The effect of this section on closing the achievement gap between high- and low-performing students, including the students identified under section 1111(b)(2)(C)(v)(II). (e) Authorization of funds Of the amounts appropriated to, and available at the discretion of, the Secretary for programmatic and administrative expenditures for fiscal years 2014 through 2018, a total of $500,000 shall be used to establish and carry out the functions of the Committee established under this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2759ih/xml/BILLS-113hr2759ih.xml

113-hr-2760

I 113th CONGRESS 1st Session H. R. 2760 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Ms. Pelosi (for herself, Ms. Eshoo , Mr. Huffman , Ms. Lee of California , Ms. Lofgren , Mr. George Miller of California , Mrs. Napolitano , Ms. Roybal-Allard , Ms. Speier , Mr. Swalwell of California , and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the centennial of the Panama-Pacific International Exposition and the Panama Canal, and for other purposes. 1. Short title This Act may be cited as the Panama Canal and Pan-Pacific Exhibition Centennial Celebration Act . 2. Findings The Congress finds the following: (1) The Panama Canal, which cuts across the Isthmus of Panama, was built between 1890 and 1914. It was the world’s greatest engineering feat of its time and required a labor force of almost 40,000. (2) President Theodore Roosevelt, recognizing the value of a canal, led the United States in buying the equipment and concession to build the canal for $40 million, and championed the effort that overcame malaria and immense logistical problems. The Canal opened on August 15, 1914—401 years after Spanish explorer Vasco Nuñez de Balboa first crossed Panama. (3) Stretching 51 miles, the Panama Canal connected the Atlantic Ocean and the Pacific Ocean, saving sailors a dangerous 8,000-mile journey around Cape Horn and through the Straits of Magellan, and cutting in half the time previously required to sail between the oceans. (4) The 1915 Panama-Pacific International Exposition was a world’s fair held in San Francisco, California. The Exposition ran from February 20 until December 4, 1915. (5) The Exposition commemorated the completion of the Panama Canal and the 400th anniversary of the discovery of the Pacific Ocean by Balboa. (6) Congress authorized the United States Mint to issue five different coins dated 1915 in connection with the Panama-Pacific International Exposition. The coins represent a high-water mark for American commemorative coins. Produced at the San Francisco Mint, these were the first United States commemorative coins to bear the motto In God We Trust , and included the silver Panama-Pacific half dollar and four gold coins in denominations of one dollar, 2 1/2 dollars, a 50-dollar round coin, and a unique 50-dollar octagonal coin. (7) The octagonal $50 gold piece was the largest coin authorized by Congress, and the first minted since 1852 in a shape other than round. (8) The United States should mark the centennial of this important event in San Francisco and the monumental achievement of the opening of the Panama Canal. (9) The proceeds from the surcharge on the sale of such commemorative coins will assist in supporting the educational programs of the San Francisco Museum and Historical Society. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins, notwithstanding section 5112(a) of title 31, United States Code: (1) $5 octagonal gold coins Not more than 75,000 $5 coins, which shall— (A) be octagonal in shape; (B) weigh 8.359 grams; (C) have a distance between two opposing vertices of 0.850 inches; and (D) contain 90 percent gold and 10 percent alloy. (2) $5 round gold coins Not more than 75,000 $5 coins, which shall— (A) be round in shape; (B) weigh 8.359 grams; (C) have a diameter of 0.850 inches; and (D) contain 90 percent gold and 10 percent alloy. (3) Two and one-half dollar gold coins Not more than 50,000 two and one-half dollar coins, which shall— (A) weigh 4.18 grams; (B) have a diameter of 0.7087 inches; and (C) contain 90 percent gold and 10 percent copper. (4) $1 gold coins Not more than 50,000 $1 coins, which shall— (A) weigh 1.67 grams; (B) have a diameter of 0.5906 inches; and (C) contain 90 percent gold and 10 percent copper. (5) Half dollar silver coins Not more than 250,000 half dollar coins, which shall— (A) weigh 12.5 grams; (B) have a diameter of 1.2047 inches; and (C) contain .999 fine silver. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act should be close likenesses of the five coins issued by the San Francisco Mint at the opening of the Pan-Pacific Exposition. (2) Specific design requirements (A) $5 gold coins The $5 octagonal gold coins minted under this Act and the $5 round gold coins minted under this Act shall be a close likeness of the octagonal Panama-Pacific Exposition $50 gold coin and the round Panama-Pacific Exposition $50 gold coin, respectively. Such coins— (i) shall have an obverse depicting the head of the goddess Minerva, with a Corinthian-style helmet, enclosed in a ring of beads; (ii) with a reverse— (I) depicting an owl perched on a pine bough complete with four pine cones and multiple sprigs of pine needles surrounded by the same ring of beads depicted on the obverse; and (II) depicting, outside this ring, the inscriptions PANAMA-PACIFIC EXPOSITION and SAN FRANCISCO in a single line of text circling the entire rim, with the words separated by dots; and (iii) with respect to the octagonal coin, such coin shall also have an obverse and reverse that depicts, in the eight angles of the vertices, eight stylized dolphins that form an outer circle. (B) Two and one-half dollar gold coins The two and one-half dollar gold coins minted under this Act shall be a close likeness of the Panama-Pacific Exposition two and one-half dollar gold coin, and— (i) the obverse shall bear the Greek goddess Columbia riding sidesaddle on the back of a Greek mythological hippocampus seahorse, with a caduceus in her left hand; and (ii) the reverse shall bear an eagle perched on a plaque that is inscribed E Pluribus Unum and United States of America . (C) $1 gold coins The $1 gold coin minted under this Act shall be a close likeness of the Panama-Pacific Exposition $1 gold coin, and— (i) the obverse shall bear the profile of a man wearing a cap which is intended to depict a laborer who worked on the construction of the Panama Canal; and (ii) the reverse shall bear the image of two dolphins symbolizing the meeting of the two oceans, with the inscriptions PANAMA PACIFIC EXPOSITION and SAN FRANCISCO . (D) Half dollar silver coins The half dollar silver coins minted under this Act shall be designed— (i) to be a close likeness of the 1915 Panama Pacific Exposition half dollar coin; (ii) with an obverse depicting Columbia scattering flowers from a cornucopia held by a small child towards a sunset on the Golden Gate (prior to the construction of the now famous bridge), which was designed by the Mint’s then-Chief Engraver, Charles Barber; and (iii) with a reverse depicting an eagle resting on the union shield with an oak branch to its left, for stability and strength, and an olive branch to its right, for peace, credited to Barber’s assistant George T. Morgan, designer of the Morgan dollar. (3) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year— (i) depicted in Roman numerals ( MMXVII ), in the case of the $5 and half dollar coins; and (ii) 2017 , in the case of the $1 coins and the two and one-half dollar gold coins; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Circulating coin (a) In general The Secretary may issue circulating clad half dollar coins, as described under section 5112 of title 31, United States Code, in the same design as described for the half dollar silver coins under section 4(a)(2)(D). (b) Limitation If the Secretary issues such circulating half dollar coins, the Secretary— (1) may issue them in no more than 5 consecutive calendar years, beginning in calendar year 2017; and (2) shall ensure that, of the total number of half dollar coins issued in any such calendar year, not more than half of such coins are made up of the half dollar coins issued pursuant to this section. 6. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins minted under this Act, other than coins described under section 5, only during the 1-year period beginning on January 1, 2017. 7. Sale of coins (a) Sale price The coins issued under this Act, other than coins described under section 5, shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 8(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act, other than coins described under section 5, at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act, other than coins described under section 5, before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 8. Surcharges (a) In general All sales of coins issued under this Act, other than coins described under section 5, shall include a surcharge of— (1) $35 per coin for the $5 coins; (2) $20 per coin for the two and one-half dollar coin; (3) $15 per coin for the $1 coin; and (4) $10 per coin for the half dollar coin. (b) Distribution Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act, other than coins described under section 5, shall be promptly paid by the Secretary to the San Francisco Museum and Historical Society for the design and construction of appropriate exhibitions in the San Francisco Museum and Historical Society, including the necessary adaptive reuse of the Old Mint, commemorating the Panama-Pacific International Exposition, as well as the development of appropriate exhibitions at the Palace of Fine Arts on the grounds of the former Panama-Pacific International Exposition. (c) Audits The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of each of the organizations referred to in subsection (b) as may be related to the expenditures of amounts paid under such subsection. (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act, other than coins described under section 5, of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection.

https://www.govinfo.gov/content/pkg/BILLS-113hr2760ih/xml/BILLS-113hr2760ih.xml

113-hr-2761

I 113th CONGRESS 1st Session H. R. 2761 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Schiff (for himself, Mr. Poe of Texas , Mr. Holt , Mr. Huffman , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require Presidential appointment and Senate confirmation of Foreign Intelligence Surveillance Court judges. 1. Short title This Act may be cited as the Presidential Appointment of FISA Court Judges Act . 2. Presidential appointment and Senate confirmation of Foreign Intelligence Surveillance Court judges (a) Presidential appointment and Senate confirmation required Section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ) is amended— (1) in subsection (a)(1)— (A) in the first sentence, by striking The Chief Justice of the United States and inserting (A) The President, by and with the advice and consent of the Senate, ; and (B) by adding at the end the following new subparagraph: (B) The President, by and with the advice and consent of the Senate, shall publicly designate a judge designated under subparagraph (A) to serve as the presiding judge of the court established under such subparagraph. ; (2) in subsection (b), by striking The Chief Justice and inserting The President, by and with the advice and consent of the Senate, ; and (3) in subsection (c), by striking the Chief Justice in consultation with . (b) Completion of terms by existing designees Notwithstanding the amendments by subsection (a), each judge serving on a court established under subsection (a) or subsection (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ) on the date of the enactment of this Act may complete the term of such judge on such court.

https://www.govinfo.gov/content/pkg/BILLS-113hr2761ih/xml/BILLS-113hr2761ih.xml

113-hr-2762

I 113th CONGRESS 1st Session H. R. 2762 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Sensenbrenner introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Power Act to establish a regional transmission planning process, and for other purposes. 1. Short title This Act may be cited as the Powering America for Tomorrow Act . 2. Amendment of the Federal Power Act Section 216 of the Federal Power Act ( 16 U.S.C. 824p ) is amended as follows: (1) By amending the section heading to read as follows: Regional transmission plans for the interstate transmission system . (2) By striking subsection (i) and redesignating subsections (j) and (k) as subsections (k) and (l), respectively. (3) By redesignating subsections (d) through (h) as subsections (f) through (j), respectively. (4) By striking subsections (a), (b), and (c) and inserting the following: (a) Purposes The purposes of this section are as follows: (1) To ensure electric reliability, fuel diversity, and wholesale power price stability across the electric transmission grid. (2) To reinforce, strengthen, and enhance electric transmission infrastructure as an integrated network system. (3) To facilitate the development of clean energy resources that cannot be located near an existing transmission facility or load center. (4) To assist States and electric energy service providers in meeting the requirements of applicable renewable portfolio standards. (5) To take maximum advantage of smart grid technologies to promote electric grid improvements, energy efficiency, and demand response. (6) To coordinate regional planning and local siting of interstate high-voltage electric transmission systems. (b) Definitions In this section: (1) The term bulk-power system has the meaning given such term in section 215(a)(1). (2) The term designated region means a region designated under subsection (c)(1). (3) The term Electric Reliability Organization has the meaning given such term in section 215(a)(2). (4) The term Interconnection has the meaning given such term in section 215(a)(5). (5) The term regional entity has the meaning given such term in section 215(a)(7). (6) The term regional transmission plan means a comprehensive plan required under subsection (c)(3) for the development of the interstate electric transmission system in a designated region. (7) The term regional transmission planner means a person or entity approved under subsection (c)(2) to develop and maintain a regional transmission plan required under this section. (8) The term regional transmission project means an overhead or underground transmission facility, consisting of conductors or cables, towers, manhole duct systems, phase shifting transformers, reactors, capacitors, substations, and any ancillary facilities and equipment necessary for the proper operation of the facility— (A) that— (i) operates at or above a voltage of— (I) 230 kilovolts alternating current; or (II) 300 kilovolts direct current; (ii) is a very high current conductor or superconducting cable that operates at or above a power equivalent to the power of a conventional transmission cable operating at or above 230 kilovolts alternating current or 300 kilovolts direct current; or (iii) is a renewable feeder line; and (B) that is included in a regional transmission plan submitted to the Commission under subsection (c)(3). (9) The term renewable feeder line means a transmission line that— (A) operates at or above a voltage of 100 kilovolts; and (B) is identified in a regional transmission plan submitted to the Commission under subsection (c)(3) as a facility that is to be developed to facilitate collection of electric energy produced by renewable energy. (c) Regional transmission plans (1) Designation of regions Not later than 12 months after the date of enactment of this subsection, the Commission, in consultation with the Electric Reliability Organization, regional entities, Transmission Organizations, transmission owners, State regulatory authorities of the States comprising the Eastern Interconnection, and State regulatory authorities of the States comprising the Western Interconnection, shall designate one or more regions within the Eastern Interconnection and one or more regions within the Western Interconnection, to be represented by regional transmission planners approved under paragraph (2). In determining the appropriate size and scope of a region, the Commission shall consider the optimal scope needed to ensure comprehensive regional transmission planning and operational efficiency, the size and scope of existing Regional Transmission Organizations and operating bulk-power systems, and methods for interregional coordination agreements to ensure a sufficiently broad regional transmission planning process. (2) Regional transmission planners (A) Application and approval Any person or entity, including a Regional Transmission Organization or other regionally based planning entity with an established regional transmission planning process, as determined by the Commission, may submit an application to the Commission for approval as the regional transmission planner for a designated region. Not later than 18 months after the designation of a region under paragraph (1), the Commission shall approve one such regional transmission planner for each such designated region to develop and maintain a regional transmission plan required under this section. (B) Consideration In approving a regional transmission planner under subparagraph (A), the Commission shall consider the existing or reasonably anticipated capabilities of any regionally based planning entity described in such subparagraph in regional transmission planning. (C) Contents of application An applicant entity shall include in an application for approval as the regional transmission planner for a designated region the operating procedures of such applicant entity and any method such applicant entity will use to adhere to the requirements for a regional transmission planning process described in paragraph (5). (D) Compliance The Commission may review the compliance of a regional transmission planner approved under subparagraph (A) with the requirements of this section and any regulations thereunder. If the Commission finds such a regional transmission planner has failed or is failing to comply with such requirements or regulations, the Commission may revoke the approval of such regional transmission planner for a designated region and accept applications for a new regional transmission planner for such region to be approved in accordance with this section. (3) Regional transmission plan required Not later than 2 years after the approval of a regional transmission planner under paragraph (2), and every 2 years thereafter, such regional transmission planner shall submit to the Commission an initial or updated regional transmission plan that meets the requirements of this section. The Commission shall ensure that each such plan is the result of a planning process that adhered to the requirements for a regional transmission planning process described in paragraph (5). The Commission shall make all regional transmission plans submitted available to the public. (4) Regional transmission plan design A regional transmission plan required under this section shall, with respect to a designated region— (A) be designed to— (i) maintain and enhance the economic, reliability, and energy security benefits of the regional electric transmission system, including remediation of electric grid congestion; and (ii) anticipate and facilitate development of electric energy generation from diverse energy resources; and (B) consider whether proposals to expand and upgrade high voltage electric transmission in the designated region and across the boundaries of the designated region will minimize congestion and promote service reliability, market integration and efficiency, economic development, deployment of smart grid technologies, lowest cost delivered electric energy at wholesale, and the goals of applicable renewable portfolio standards. (5) Regional transmission planning process The Commission shall ensure each regional transmission planning process conducted by a regional transmission planner is consistent with the purposes of this section. The Commission shall ensure any such planning process— (A) is non-discriminatory, independent, and conforms with the planning standards of Commission Order No. 890 or any successor order; (B) solicits and considers the input of local and State policymakers, transmission facility owners and electric utilities, and market participants; (C) is sufficiently broad in geographic and market scope to produce economic and operational efficiencies; (D) is designed to meet the need for the timely construction or modification of regional transmission projects; and (E) takes into account— (i) all applicable laws and regulations governing the procurement of electric energy generation; (ii) the potential effect on the future operation of the electric transmission system or on the regional transmission plan of rejection or withdrawal of a proposed regional transmission project; (iii) the development of transmission facilities for which a completed application for authorization has been filed and accepted by a State regulatory authority or other applicable authority before the date of submission of a regional transmission plan under paragraph (3) but not originating from the planning process; (iv) the availability of non-transmission resources such as opportunities for energy efficiency, demand response, enhancements to economic dispatch, distributed generation, and installation of new control, metering, or capacity enhancement technologies; and (v) the development of the interstate electric transmission system in the designated region for the 10 years after submission of a regional transmission plan under paragraph (3). (6) Transmitting utilities and Power marketing administrations Federal power marketing administrations and transmitting utilities in a designated region shall integrate their transmission plans with the regional transmission plans required by this section and shall otherwise participate in a regional transmission planning process by a regional transmission planner in accordance with this section. (7) Commission activities If no regional transmission planner for a designated region is approved under paragraph (2), or in the event that an approved regional transmission planner does not timely submit a regional transmission plan as required under paragraph (3), the Commission shall designate a planner or undertake the planning activities described in this subsection for the designated region concerned and develop such a plan for such designated region expeditiously, in consultation with State regulatory authorities, as applicable, for all affected States or areas, the Electric Reliability Organization, regional entities, Transmission Organizations, and transmission owners within the region, as appropriate. (8) Cost Allocation Not later than 18 months after the date of enactment of this paragraph, the Commission shall, by rule, require that all regional high voltage electric transmission cost allocation processes and methodologies adhere to a clear and consistent set of regulatory principles, including, as appropriate, that the costs of siting and the construction or modification of transmission facilities shall be allocated consistent with the range and distribution of benefits within the designated region that are provided by such facilities, the use of the transmission system, or with other equitable and economic considerations. In issuing a rule under this paragraph, the Commission shall consider regional cost allocation processes and methodologies being developed or in existence as of the date of enactment of this paragraph. (9) Plan coordination The Commission shall require regional transmission planners to coordinate planning across regional boundaries within an Interconnection in order to achieve the purposes of this section. (d) Certificate of public convenience and necessity (1) Proposed finding of public convenience and necessity by regional transmission planner (A) Inclusion of proposed finding in regional transmission plan As part of a regional transmission plan submitted to the Commission under subsection (c)(3), a regional transmission planner may identify a regional transmission project or projects that such regional transmission planner finds, based on the record of the regional transmission planning process, is required by, and consistent with, the public convenience and necessity. (B) Public convenience and necessity certificate request A regional transmission planner may submit to the Commission a request to issue a certificate of public convenience and necessity for a regional transmission project identified in a regional transmission plan submitted under subsection (c)(3). Such request shall include a summary of the record developed for such project during the regional transmission planning process. The request shall be based on whether such regional transmission project is or will be— (i) necessary to ensure regional compliance with reliability standards or remedy violations of such reliability standards; (ii) necessary to provide significant relief from electric transmission congestion as measured by objective criteria, including consideration of the total cost of congestion, hours of congestion, and the lack of feasible economic alternative means to relieve congestion; (iii) important to the diversification of energy supply throughout the designated region, including by meeting the goals of applicable renewable portfolio standards; or (iv) important to the development of smart grid technology that is consistent with the policy under title XIII of the Energy Independence and Security Act of 2007 (42 U.S.C. 17381 et seq.). (2) Issuance of certificate of public convenience and necessity The Commission may, after notice and opportunity for hearing, find that a regional transmission project is in the public convenience and necessity and issue a certificate of public convenience and necessity for the ownership and operation of such regional transmission project and the provision of any related services under the jurisdiction of the Commission if the Commission finds that— (A) a regional transmission planner included a proposed finding of public convenience and necessity for such proposed regional transmission project in one or more relevant regional transmission plans submitted to the Commission under subsection (c)(3); (B) a regional transmission planner submitted a request for the issuance of such a certificate; (C) the proposed regional transmission project will be used for the transmission of electric energy in interstate commerce; (D) the proposed regional transmission project is consistent with the public interest in terms of its engineering, reliability, and other economic characteristics and the purposes of this section; and (E) the proposed regional transmission project will maximize, to the extent reasonable and economical, existing rights-of-way and the transmission capabilities of existing towers and structures. (3) Considerations In issuing a certificate of public convenience and necessity under this subsection, the Commission shall give substantial deference to any proposed finding of public convenience and necessity by a regional transmission planner in a regional transmission plan submitted under subsection (c)(3). (4) Multiple projects The Commission may treat multiple proposed regional transmission projects in any regional transmission plan as separate for purposes of determining whether a certificate of public convenience and necessity should be issued under this subsection. (5) Certificate applications The Commission shall issue rules specifying— (A) the form of the application for a certificate of public convenience and necessity under this subsection; and (B) the information to be contained in such application. (6) Environmental review (A) Proposed finding by regional transmission planner A proposed finding by a regional transmission planner of public convenience and necessity regarding a regional transmission project is excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), provided an environmental assessment or environmental impact statement is required to be prepared by the Commission under such Act. (B) Consideration by Commission In determining whether a certificate of public convenience and necessity should be issued under this subsection, the Commission may consider, wholly or in part, any draft environmental analysis conducted by a regional transmission planner or relevant transmission provider and issued by the regional transmission planner. (e) Siting authority (1) Exclusive State siting authority A State shall retain exclusive authority over the siting of any transmission facility that is not a part of a regional transmission project for which a certificate of public convenience and necessity has been issued under subsection (d)(2). (2) Federal siting authority The Commission may, after notice and an opportunity for hearing, issue one or more permits for the construction or modification of a transmission facility if the Commission finds that— (A) the transmission facility was identified as part or all of a regional transmission project for which a certificate of public convenience and necessity has been issued under subsection (d)(2); (B) at least one State in the designated region for which such regional transmission project is identified has approved the siting of such transmission facility; and (C) (i) a State in which such transmission facility is to be sited does not have authority to— (I) approve the siting of the facility; or (II) consider the interstate benefits expected to be achieved by the proposed siting of the transmission facility in the State; (ii) the applicant for a permit is a transmitting utility but does not qualify to apply for a permit for such transmission facility in a State in which such transmission facility is to be sited because the applicant does not serve end-use customers in the State; or (iii) a State commission or other entity that has authority to approve the siting of such transmission facility— (I) did not issue a decision on an application seeking approval for the siting of the facility within 1 year after the date on which the applicant submitted a completed application to the State commission or other authority; (II) denied a complete application seeking approval for the siting of the transmission facility without proposing an alternate site; or (III) authorized the siting of the facility subject to conditions that unreasonably interfere with the siting of the transmission facility. . (5) In subsection (f), as redesignated by paragraph (3), by striking subsection (b) and inserting subsection (e) . (6) In subsection (g), as redesignated by paragraph (3), by striking subsection (b) and inserting subsection (e) . (7) In subsection (h), as redesignated by paragraph (3), by striking subsection (e) and inserting subsection (g) . (8) In subsection (k)(2), as redesignated by paragraph (2), by striking Subsection (h)(6) and inserting Subsection (j)(6) . (9) By amending subsection (l), as redesignated by paragraph (2), to read as follows: (l) Applicability This section applies only to States located in the Western Interconnection and States located in the Eastern Interconnection and does not apply to the States of Alaska or Hawaii, or to areas under the authority of the Electric Reliability Council of Texas. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2762ih/xml/BILLS-113hr2762ih.xml

113-hr-2763

I 113th CONGRESS 1st Session H. R. 2763 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Ms. Slaughter (for herself, Mr. Reed , Mr. Maffei , and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize appropriations for the National Women’s Rights History Project Act. 1. Reauthorization of Appropriations (a) Votes for Women’s Trail Section 1602 of Title XVI of Public Law 96–607 ( 16 U.S.C. 410 ll– 1 ) is amended in subsection (f)(2) by striking 2013 and inserting 2018 . (b) National Women’s Rights History Project Registry and the National Women’s Rights History Project Partnership Network Section 7111 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ) is amended— (1) in subsection (b)(5) by striking 2013 and inserting 2018 ; and (2) in subsection (c)(4) by striking 2013 and inserting 2018 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2763ih/xml/BILLS-113hr2763ih.xml

113-hr-2764

I 113th CONGRESS 1st Session H. R. 2764 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Stockman (for himself, Mr. Neugebauer , Mr. Pearce , Mr. Franks of Arizona , Mr. Bonner , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide that human life shall be deemed to exist from conception. 1. Short title This Act may be cited as the Sanctity of Life Act of 2013 . 2. Findings and declaration (a) Findings Congress finds that uncontroverted scientific evidence has always shown that actual human life exists from the moment of conception. (b) Declaration Upon the basis of these findings, and in the exercise of the powers of the Congress, the Congress hereby declares that human life shall be deemed to exist from fertilization, without regard to race, sex, age, health, defect, or condition of dependency; and person shall include all human life as defined herein. Congress further recognizes that each State has a compelling interest in protecting the lives of those within the State’s jurisdiction whom the State rationally regards as human beings. 3. Limitation on jurisdiction (a) Chapter 81 of title 28, United States Code, is amended by adding the following new section and renumbering any appropriate section accordingly: 1260. Appellate jurisdiction; limitations Notwithstanding the provisions of sections 1253, 1254, and 1257 of this chapter, the Supreme Court shall not have jurisdiction to review, by appeal, writ of certiorari, or otherwise, any case arising out of any statute, ordinance, rule, regulation, practice, or any part thereof, or arising out of any act interpreting, applying, enforcing, or effecting any statute, ordinance, rule, regulation, or practice, on the grounds that such statute, ordinance, rule, regulation, practice, act, or part thereof (1) protects the rights of human persons between conception and birth, or (2) prohibits, limits, or regulates (a) the performance of abortions or (b) the provision of public expense of funds, facilities, personnel, or other assistance for the performance of abortions. . (b) The section analysis of chapter 81 of title 28 is amended by adding the following new item: 1260. Appellate jurisdiction; limitations. . 4. Limitation on jurisdiction (a) Chapter 85 of title 28, United States Code, is amended by adding at the end thereof the following new section and renumbering any appropriate section accordingly: 1365. Limitations on jurisdiction Notwithstanding any other provision of law, the district courts shall not have jurisdiction of any case or question which the Supreme Court does not have jurisdiction to review under section 1260 of this title. . (b) The section analysis at the beginning of chapter 85 of title 28 is amended by adding at the end thereof the following new item: 1365. Limitations on jurisdiction. . 5. Effective date The provisions of this Act shall take effect immediately upon enactment. 6. Severability If any provision of this Act or the application thereof to any person or circumstance is judicially determined to be invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected by such determination.

https://www.govinfo.gov/content/pkg/BILLS-113hr2764ih/xml/BILLS-113hr2764ih.xml

113-hr-2765

I 113th CONGRESS 1st Session H. R. 2765 IN THE HOUSE OF REPRESENTATIVES July 19, 2013 Mr. Wittman (for himself and Mr. Alexander ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to promote the economic survival of seasonal small businesses by ensuring that the wages paid to H–2B nonimmigrants are fair and reasonable. 1. Short title This Act may be cited as the Save Our Seasons Act of 2013 . 2. H–2B wages Section 214(g)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(9) ) is amended by adding at the end the following: (D) Wages (i) In general The wages paid to nonimmigrants under section 101(a)(15)(H)(ii)(b) employed by an employer shall be the greater of— (I) the actual wage level paid by the employer to other employees with similar experience and qualifications for such position; or (II) the prevailing wage level for the occupational classification of the position in the geographic area of the employment, based on the best information available as of the time of filing the application. (ii) Best information available The term best information available , with respect to determining the prevailing wage for a position, means— (I) a controlling collective bargaining agreement or Federal contract wage, if applicable; (II) the wage level commensurate with the experience, training, and supervision required for the job based on Bureau of Labor Statistics data; or (III) if the data referred to in paragraph (2) is not available or the best information available, a legitimate, recent private survey of the wages paid for such positions in the metropolitan statistical area. .

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113-hr-2766

I 113th CONGRESS 1st Session H. R. 2766 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Issa (for himself and Ms. Chu ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To make improvements to the transitional program for covered business method patents, and for other purposes. 1. Short title This Act may be cited as the Stopping the Offensive Use of Patents Act or the STOP Act . 2. Improvements to transitional program for covered business method patents (a) In general Section 18 of the Leahy-Smith America Invents Act ( 35 U.S.C. 321 note) is amended— (1) in subsection (a), by striking paragraph (3); and (2) in subsection (d)(1), by striking a financial product or and inserting an enterprise, a product, or a . (b) Effective date (1) Removal of sunset The amendment made by paragraph (1) of subsection (a) shall take effect on the date of the enactment of this Act. (2) Definition of covered business method patent The amendment made by paragraph (2) of subsection (a) shall apply as if included in the enactment of the Leahy-Smith America Invents Act. 3. Expansion of pro bono program at the United States Patent and Trademark Office (a) In general The Director of the Office shall work with and support intellectual property law associations throughout the United States, within established pro bono programs, to assist financially under-resourced resellers, users, implementers, distributors, or customers of an allegedly infringing product or process. (b) Definitions In this section: (1) Director The term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (2) Office The term Office means the United States Patent and Trademark Office.

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113-hr-2767

I 113th CONGRESS 1st Session H. R. 2767 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Garrett (for himself, Mr. Hensarling , Mr. Neugebauer , Mrs. Capito , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect American taxpayers and homeowners by creating a sustainable housing finance system for the 21st century. 1. Short title This Act may be cited as the Protecting American Taxpayers and Homeowners 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—Wind-down of Fannie Mae and Freddie Mac Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Termination of current conservatorship; mandatory receivership. Sec. 104. Limitations on enterprise authority. Sec. 105. Modifications to increases in conforming loan limits. Sec. 106. Mandatory risk-sharing. Sec. 107. Limitation of enterprise mortgage purchases to qualified mortgages. Sec. 108. Prohibition relating to use of power of eminent domain. Sec. 109. Receiver’s discretionary authority to create receivership entity. Sec. 110. Authority of receiver to repeal enterprise charter. Title II—FHA Reform Sec. 201. Short title. Sec. 202. Definitions. Subtitle A—Organization Sec. 211. Establishment. Sec. 212. Purposes. Sec. 213. General powers. Sec. 214. Board of Directors. Sec. 215. Officers and personnel. Sec. 216. Financial, underwriting, and operations systems. Sec. 217. Procurement. Sec. 218. Applicability of laws. Sec. 219. Evaluation. Sec. 220. Funding. Sec. 221. Effective date. Subtitle B—Business authority and requirements Sec. 231. Authority to carry out FHA and other business. Sec. 232. Eligible single-family mortgages. Sec. 233. Risk-sharing. Sec. 234. Limitation on mortgage insurance coverage. Sec. 235. Premiums. Sec. 236. Default and foreclosure statement. Sec. 237. Occupancy and rent limitations for multifamily mortgage insurance. Sec. 238. Effective date. Subtitle C—Financial safety and soundness Sec. 251. Authority of Director. Sec. 252. Budgets and business plans. Sec. 253. Annual business plan; use of GAAP. Sec. 254. Examinations, reports, and cost estimates. Sec. 255. Reimbursement of costs. Sec. 256. Mutual Mortgage Insurance Fund capital reserve. Sec. 257. Capital classifications and performance measures for Mutual Mortgage Insurance Fund. Sec. 258. Enforcement. Sec. 259. Capital reserve requirements for other funds. Sec. 260. Authority to establish temporary capital ratios in cases of nationwide countercyclical market adjustment. Sec. 261. 7-year borrower suspension for foreclosure. Sec. 262. Borrower ineligibility upon second foreclosure. Sec. 263. Limitation on seller concessions. Sec. 264. Lender repurchase requirement. Sec. 265. Indemnification by mortgagees. Sec. 266. Prohibitions relating to use of power of eminent domain. Sec. 267. Residual income requirement. Sec. 268. Effective date. Subtitle D—Transition Sec. 281. Transition period. Sec. 282. Authority during transition period. Sec. 283. Advisory Board. Sec. 284. Transfer of HUD authority. Sec. 285. Wind-up of HUD affairs. Sec. 286. Continuation and coordination of certain actions. Sec. 287. Transfer and rights of HUD employees. Sec. 288. Transfer of property and facilities. Sec. 289. Effective date. Subtitle E—Related amendments and provisions Sec. 291. GNMA authority. Sec. 292. Repeal of certain FHA programs. Sec. 293. Conforming amendments. Sec. 294. Rule of construction. Sec. 295. Effective date. Title III—Building a New Market Structure Subtitle A—National Mortgage Market Utility Sec. 301. Short title. Sec. 302. Findings and purposes. Sec. 303. Definitions. Part 1—Establishment and authority of the Utility Sec. 311. Establishment. Sec. 312. General powers; authorized and prohibited activities. Sec. 313. Transfer of ownership of Platform. Sec. 314. Funding. Sec. 315. Regulation, supervision, and enforcement. Sec. 316. Civil and criminal liability. Part 2—Standards for qualified securities Sec. 321. Qualified securities. Sec. 322. Standards for qualified securities. Sec. 323. Liability for misleading statements. Sec. 324. Unlawful representations. Sec. 325. Contrary stipulations void. Part 3—National Mortgage Data Repository Sec. 331. Organization and operation. Sec. 332. Legal effect of registration with Repository. Sec. 333. Grants to States; repayment. Sec. 334. Judicial review. Sec. 335. Transition provisions. Part 4—Conforming amendments Sec. 341. Conforming amendment to Federal Home Loan Bank Act. Sec. 342. Conforming amendments to the Dodd-Frank Wall Street Reform and Consumer Protection Act. Sec. 343. Conforming amendments to Securities Act of 1933. Sec. 344. Conforming amendments to title 18, United States Code. Subtitle B—Covered Bonds Sec. 351. Short title. Sec. 352. Definitions. Sec. 353. Regulatory oversight of covered bond programs established. Sec. 354. Resolution upon default or insolvency. Sec. 355. Securities law provisions. Sec. 356. Miscellaneous provisions. Title IV—Removing Barriers to New Investment Sec. 401. Basel III impact study. Sec. 402. Basel III Liquidity Coverage Ratio amendments. Sec. 403. Definition of points and fees. Sec. 404. Exclusion of issuers of asset-backed securities from covered funds. Sec. 405. Suspension of regulation AB II rulemaking. Sec. 406. Effective date of certain mortgage reform regulations. Sec. 407. Repeal of credit risk retention regulations. Sec. 408. Mortgages in qualified securities. Sec. 409. Mortgage loans held in portfolio. Sec. 410. Repeal of certain mortgage-related provisions. Sec. 411. Amendments to the Truth in Lending Act. Sec. 412. Financial Institutions Examination Fairness and Reform. Sec. 413. Notice of junior mortgage or lien. Sec. 414. Limitation on mortgages held by loan servicers. Title V—Miscellaneous Provisions Sec. 501. Preserving access to manufactured housing. Sec. 502. Common sense economic recovery. Sec. 503. Technical Amendments to Federal Home Loan Bank Act. Sec. 504. Preservation of attorney-client privilege for information provided to FHFA. Sec. 505. FHFA Liaison Membership in Federal Financial Institutions Examination Council. Sec. 506. Recognition of FHFA enforcement authority with regard to regulated entities. Sec. 507. Exception from Right to Financial Privacy Act for FHFA as conservator or receiver. Sec. 508. Technical amendment to Federal Housing Enterprises Financial Safety and Soundness Act of 1992. Sec. 509. Application of presumption to enterprise streamlined refinancings. Sec. 510. FHFA authority to regulate and examine contractual counterparties. Sec. 511. Election of directors of a merged Federal Home Loan Bank. I Wind-down of Fannie Mae and Freddie Mac 101. Short title This title may be cited as the GSE Bailout Elimination and Taxpayer Protection Act . 102. Definitions For purposes of this title, the following definitions shall apply: (1) Charter The term charter means— (A) with respect to the Federal National Mortgage Association, the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1716 et seq. ); and (B) with respect to the Federal Home Loan Mortgage Corporation, the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1451 et seq. ). (2) Director The term Director means the Director of the Federal Housing Finance Agency. (3) Enterprise The term enterprise means— (A) the Federal National Mortgage Association; and (B) the Federal Home Loan Mortgage Corporation. 103. Termination of current conservatorship; mandatory receivership Upon the expiration of the 5-year period beginning upon the date of the enactment of this Act, the Director shall, with respect to each enterprise, immediately appoint the Federal Housing Finance Agency as receiver under section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 and carry out such receivership under the authority of such section. 104. Limitations on enterprise authority (a) Portfolio limitations Subtitle B of title XIII of the Housing and Community Development Act of 1992 (12 U.S.C. 4611 et seq.) is amended by adding at the end the following new section: 1369E. Restriction on mortgage assets of enterprises (a) Restriction Subject to subsection (b), no enterprise shall own, as of any applicable date in this subsection or thereafter, mortgage assets in excess of— (1) as of December 31, 2013, $550,000,000,000; or (2) as of December 31 of each year thereafter, 85 percent of the aggregate amount of mortgage assets that the enterprise was permitted to own pursuant to this section as of December 31 of the immediately preceding calendar year. (b) Limitation In no event shall an enterprise be required under this section to own less than $250,000,000,000 in mortgage assets. (c) Definition of mortgage assets For purposes of this section, the term mortgage assets means, with respect to an enterprise, assets of such enterprise consisting of mortgages, mortgage loans, mortgage-related securities, participation certificates, mortgage-backed commercial paper, obligations of real estate mortgage investment conduits and similar assets, in each case to the extent such assets would appear on the balance sheet of such enterprise in accordance with generally accepted accounting principles in effect in the United States as of September 7, 2008 (as set forth in the opinions and pronouncements of the Accounting Principles Board and the American Institute of Certified Public Accountants and statements and pronouncements of the Financial Accounting Standards Board from time to time; and without giving any effect to any change that may be made after September 7, 2008, in respect of Statement of Financial Accounting Standards No. 140 or any similar accounting standard). . (b) Equitability in guarantee fees Section 1327 of Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4547) is amended by adding at the end the following new subsection: (f) Equitability in guarantee fees (1) Requirement Notwithstanding any other provision of this section, the Director shall ensure, pursuant to the annual review conducted under paragraph (2), that each enterprise charges a guarantee fee, in connection with any mortgage guaranteed after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, in an amount that the Director determines is equivalent to the amount that the enterprise would charge if the enterprise were held to the same capital standards as private banks or financial institutions. (2) Annual determination Not less often than annually, the Director shall review the guarantee fees charged by each enterprise and determine how such fees compare to the amount determined by the Director under paragraph (1). If the Director determines that such fees charged by an enterprise are less than such amount, the Director shall, by order, require the enterprise to increase such fees in such amount as the Director determines necessary to comply with paragraph (1). (3) Flexibility in determination of increase To determine the amount of any increase under this subsection, the Director shall establish a pricing mechanism as the Director considers appropriate, taking into consideration current market conditions, including the current market share of an enterprise, and any data collected pursuant to section 1601 of the Housing and Economic Recovery Act of 2008 (12 U.S.C. 4514a). . (c) Repeal of mandatory housing activities (1) Repeal of housing goals The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by striking sections 1331 through 1336 ( 12 U.S.C. 4561–6 ). (2) Conforming amendments Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended— (A) in section 1303(28) ( 12 U.S.C. 4502(28) ), by striking , and, for the purposes and all that follows through designated disaster areas ; (B) in section 1324(b)(1)(A) ( 12 U.S.C. 4544(b)(1)(A) ), by striking clauses (i), (ii), and (iv); (C) in section 1339(h) ( 12 U.S.C. 4569(h) ), by striking paragraph (7); (D) in section 1341 ( 12 U.S.C. 4581 )— (i) in subsection (a)— (I) in paragraph (1), by inserting or after the semicolon at the end; (II) in paragraph (2), by striking the semicolon at the end and inserting a period; and (III) by striking paragraphs (3) and (4); and (ii) in subsection (b)(2)— (I) in subparagraph (A), by inserting or after the semicolon at the end; (II) by striking subparagraphs (B) and (C); and (III) by redesignating subparagraph (D) as subparagraph (B); (E) in section 1345(a) ( 12 U.S.C. 4585(a) )— (i) in paragraph (1), by inserting or after the semicolon at the end; (ii) in paragraph (2), by striking the semicolon at the end and inserting a period; and (iii) by striking paragraphs (3) and (4); and (F) in section 1371(a)(2) ( 12 U.S.C. 4631(a)(2) ), by striking with any housing goal established under subpart B of part 2 of subtitle A of this title, with section 1336 or 1337 of this title, . (3) Repeal of Housing Trust Fund (A) Repeal The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by striking sections 1337 and 1338 ( 12 U.S.C. 4567 , 4568). (B) Conforming amendments The Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended— (i) in section 1303(24)(B) ( 12 U.S.C. 4502(24)(B) ), by striking 1338 and ; (ii) in section 1324(b)(1)(A) ( 12 U.S.C. 4544(b)(1)(A) ), as amended by the preceding provisions of this Act— (I) by striking clause (iii); (II) by striking the dash after which and inserting the text of clause (v) and a period; and (III) by striking clause (v); (iii) in section 1339(b)— (I) by striking paragraph (1); (II) by striking the dash after consist of and inserting the text of paragraph (2) and a period; and (III) by striking paragraph (2); and (iv) in section 1345 ( 12 U.S.C. 4585 ), by striking subsection (f). 105. Modifications to increases in conforming loan limits (a) Fannie Mae Section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) ) is amended— (1) in the 8th sentence— (A) in inserting or subtracting from after adding to ; and (B) by inserting or decrease, respectively before the first comma; (2) by striking the 9th and 10th sentences; (3) by striking the last sentence; (4) by inserting (A) after the paragraph designation; and (5) by adding at the end the following new subparagraph: (B) High-Cost areas (i) Maximum original principal limitation Subject to clause (ii), the limitations established pursuant to subparagraph (A) shall also be increased, with respect to properties of a particular size located in any area for which 115 percent of the median house price for such size residence exceeds the limitation under subparagraph (A) for such size residence, to the lesser of— (I) (aa) for the first year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $20,000 in the case of a 1-family residence, $25,604 in the case of a 2-family residence, $30,950 in the case of a 3-family residence, and $38,463 in the case of a 4-family residence; (bb) for the second year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $40,000 in the case of a 1-family residence, $51,208 in the case of a 2-family residence, $61,900 in the case of a 3-family residence, and $76,926 in the case of a 4-family residence; (cc) for the third year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $60,000 in the case of a 1-family residence, $76,812 in the case of a 2-family residence, $92,850 in the case of a 3-family residence, and $103,389 in the case of a 4-family residence; (dd) for the fourth year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $80,000 in the case of a 1-family residence, $102,416 in the case of a 2-family residence, $123,800 in the case of a 3-family residence, and $153,852 in the case of a 4-family residence; and (ee) for the fifth year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $100,000 in the case of a 1-family residence, $128,020 in the case of a 2-family residence, $154,750 in the case of a 3-family residence, and $192,315 in the case of a 4-family residence; (II) the amount that is equal to 115 percent of the median house price in such area for such size residence; or (III) the limitation in effect for such size residence for such area, pursuant to the last sentence of this paragraph as in effect immediately before the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, as of the date of such enactment. (ii) Prohibition on new high-cost areas The limitations established pursuant to subparagraph (A) may not be increased, with respect to properties of any size located in a particular area unless, as of the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, such foregoing limitations in effect for such area for any size residence were determined under the authority provided in the last sentence of this paragraph, as in effect immediately before such enactment. . (b) Freddie Mac Section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ) is amended— (1) in the 7th sentence— (A) in inserting or subtracting from after adding to ; and (B) by inserting or decrease, respectively before the first comma; and (2) by striking the 8th and 9th sentences; (3) by striking the last sentence; (4) by inserting (A) after the paragraph designation; and (5) by adding at the end the following new subparagraph: (B) High-Cost areas (i) Maximum original principal limitation Subject to clause (ii), the limitations established pursuant to subparagraph (A) shall also be increased, with respect to properties of a particular size located in any area for which 115 percent of the median house price for such size residence exceeds the limitation under subparagraph (A) for such size residence, to the lesser of— (I) (aa) for the first year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $20,000 in the case of a 1-family residence, $25,604 in the case of a 2-family residence, $30,950 in the case of a 3-family residence, and $38,463 in the case of a 4-family residence; (bb) for the second year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $40,000 in the case of a 1-family residence, $51,208 in the case of a 2-family residence, $61,900 in the case of a 3-family residence, and $76,926 in the case of a 4-family residence; (cc) for the third year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $60,000 in the case of a 1-family residence, $76,812 in the case of a 2-family residence, $92,850 in the case of a 3-family residence, and $103,389 in the case of a 4-family residence; (dd) for the fourth year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $80,000 in the case of a 1-family residence, $102,416 in the case of a 2-family residence, $123,800 in the case of a 3-family residence, and $153,852 in the case of a 4-family residence; and (ee) for the fifth year beginning after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the difference between— (AA) 150 percent of the limitation under subparagraph (A) for such size residence; and (BB) $100,000 in the case of a 1-family residence, $128,020 in the case of a 2-family residence, $154,750 in the case of a 3-family residence, and $192,315 in the case of a 4-family residence; (II) the amount that is equal to 115 percent of the median house price in such area for such size residence; or (III) the limitation in effect for such size residence for such area, pursuant to the last sentence of this paragraph as in effect immediately before the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, as of the date of such enactment. (ii) Prohibition on new high-cost areas The limitations established pursuant to subparagraph (A) may not be increased, with respect to properties of any size located in a particular area unless, as of the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, such foregoing limitations in effect for such area for any size residence were determined under the authority provided in the last sentence of this paragraph, as in effect immediately before such enactment. . 106. Mandatory risk-sharing Subpart A of part 2 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 is amended by adding after section 1327 ( 12 U.S.C. 4547 ) the following new section: 1328. Mandatory risk-sharing transactions (a) In general The Director shall require each enterprise to develop and undertake transactions involving the guarantee by the enterprises of securities and obligations based on or backed by mortgages on residential real properties designed principally for occupancy of from 1 to 4 families that provide for private market participants to share or assume credit risk associated with such mortgages, as follows: (1) Required percentage of business The Director shall require that not less than 10 percent of the annual business of each enterprise (as measured in such manner as the Director shall determine) in guaranteeing such securities and obligations involve such transactions. (2) Multiple types of transactions The Director shall require that in complying with paragraph (1), each enterprise undertake multiple types of the various transactions and structures described in subsection (b). (b) Types of transactions The risk-sharing transactions referred to in subsection (a) may include transactions involving increased mortgage insurance requirements, credit-linked notes and securities, senior and subordinated security structures, and such other structures and transactions as the Director considers appropriate to increase private market assumption of credit risk. . 107. Limitation of enterprise mortgage purchases to qualified mortgages (a) Fannie Mae Section 302(b) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following new paragraph: (7) Effective for mortgages with application dates on or after January 10, 2014, the corporation may only purchase, make commitments to purchase, service, sell, lend on the security of, or otherwise deal in a mortgage that is a qualified mortgage (as such term is defined in section 129C(b) of the Truth in Lending Act ( 15 U.S.C. 1639c(b) ; as added by section 1412 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (124 Stat. 2145)), in accordance with the regulations issued by the Bureau of Consumer Financial Protection to carry out such section. . (b) Freddie Mac Section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) Effective for mortgages with application dates on or after January 10, 2014, the Corporation may only purchase, make commitments to purchase, service, sell, lend on the security of, or otherwise deal in a mortgage that is a qualified mortgage (as such term is defined in section 129C(b) of the Truth in Lending Act ( 15 U.S.C. 1639c(b) ; as added by section 1412 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (124 Stat. 2145)), in accordance with the regulations issued by the Bureau of Consumer Financial Protection to carry out such section. . 108. Prohibition relating to use of power of eminent domain (a) Fannie Mae Subsection (b) of section 302 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)) is amended by adding at the end the following new paragraph: (7) (A) Notwithstanding any other provision of law, the corporation may not purchase or guarantee any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan which mortgage loan was obtained by the State during the preceding 120 months by exercise of the power of eminent domain. (B) For purposes of this paragraph, the following definitions shall apply: (i) The term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage loan or any subordinate mortgage loan. (ii) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, and includes any agency or political subdivision of a State. . (b) Freddie Mac Subsection (a) of section 305 of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following new paragraph: (6) (A) Notwithstanding any other provision of law, the Corporation may not purchase or guarantee any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan which mortgage loan was obtained by the State during the preceding 120 months by exercise of the power of eminent domain. (B) For purposes of this paragraph, the following definitions shall apply: (i) The term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. (ii) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, and includes any agency or political subdivision of a State. . 109. Receiver’s discretionary authority to create receivership entity Section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617 ) is amended by striking subsection (i) and inserting the following: (i) Receivership Entity (1) Authority; Organization The Agency, as receiver appointed pursuant to subsection (a), may establish a receivership entity in such form or structure as the Agency deems appropriate to meet the purposes of receivership and this section. (2) Powers Upon creation of such receivership entity, the Agency may transfer to it any assets or liabilities of the regulated entity in default as the Agency, in its discretion, determines to be appropriate, and may authorize the receivership entity to perform any temporary function that the Agency, in its discretion, prescribes in accordance with this section. The transfer of any assets or liabilities of a regulated entity for which the Agency has been appointed receiver shall be effective without any further approval under Federal or State law, assignment, or consent with respect thereto. Such authority is in addition to any other power the Agency may have as receiver or may confer on the receivership entity. (3) Exemption from Taxation Notwithstanding any other provision of Federal or State law, any receivership entity established by the Agency pursuant to this section, its franchise, property and income, shall be exempt from all taxation now or hereafter imposed by the United States, by any territory, dependency, or possession thereof, or by any State, county, municipality, or local taxing authority. (4) Regulations The Agency may promulgate such regulations as the Agency determines to be necessary or appropriate to implement this subsection. (5) No Federal Status A receivership entity established pursuant to this section shall not be an agency, establishment, or instrumentality of the United States. . 110. Authority of receiver to repeal enterprise charter Section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617 ) is amended by striking subsection (k) and inserting the following new subsection: (k) Repeal of enterprise charters (1) Fannie Mae Effective five years after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the charter of the Federal National Mortgage Association is repealed and the Federal National Mortgage Association shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (A) outstanding debt obligations of the Federal National Mortgage Association, including any— (i) bonds, debentures, notes, or other similar instruments; (ii) capital lease obligations; or (iii) obligations in respect of letters of credit, bankers’ acceptances, or other similar instruments; or (B) mortgage-backed securities guaranteed by the Federal National Mortgage Association. (2) Freddie Mac Effective five years after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013, the charter of the Federal Home Loan Mortgage Corporation is repealed and the Federal Home Loan Mortgage Corporation shall have no authority to conduct new business under such charter, except that the provisions of such charter in effect immediately before such repeal shall continue to apply with respect to the rights and obligations of any holders of— (A) outstanding debt obligations of the Federal Home Loan Mortgage Corporation, including any— (i) bonds, debentures, notes, or other similar instruments; (ii) capital lease obligations; or (iii) obligations in respect of letters of credit, bankers’ acceptances, or other similar instruments; or (B) mortgage-backed securities guaranteed by the Federal Home Loan Mortgage Corporation. (3) Existing guarantee obligations (A) Explicit guarantee The full faith and credit of the United States is pledged to the payment of all amounts which may be required to be paid under any obligation described in paragraph (1) or (2). (B) Continued dividend payments Notwithstanding any other provision of law, provision 2(a) (relating to Dividend Payment Dates and Dividend Periods) and provision 2(c) (relating to Dividend Rates and Dividend Amount) of the Senior Preferred Stock Purchase Agreement, or any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued pursuant to such Agreement— (i) shall not be amended, restated, or otherwise changed to reduce the rate or amount of dividends in effect pursuant to such Agreement as of the Third Amendment to such Agreement dated August 17, 2012, except that any amendment to such Agreement to facilitate the sale of assets of the enterprises shall be permitted; and (ii) shall remain in effect until the guarantee obligations described under paragraphs (1)(B) and (2)(B) of this subsection are fully extinguished. (C) Applicability All guarantee fee amounts derived from the single-family mortgage guarantee business of the enterprises in existence as of five years after the date of the enactment of the Protecting American Taxpayers and Homeowners Act of 2013 shall be deposited into the United States Treasury, for purposes of deficit reduction. (D) Senior Preferred Stock Purchase Agreement defined For purposes of this paragraph, the term Senior Preferred Stock Purchase Agreement means— (i) the Amended and Restated Senior Preferred Stock Purchase Agreement, dated September 26, 2008, as such Agreement has been amended on May 6, 2009, December 24, 2009, and August 17, 2012, respectively, and as such Agreement may be further amended and restated, entered into between the Department of the Treasury and each enterprise, as applicable; and (ii) any provision of any certificate in connection with such Agreement creating or designating the terms, powers, preferences, privileges, limitations, or any other conditions of the Variable Liquidation Preference Senior Preferred Stock of an enterprise issued or sold pursuant to such Agreement. . II FHA Reform 201. Short title This title may be cited as the FHA Reform and Modernization Act of 2013 . 202. Definitions For purposes of this title, the following definitions shall apply: (1) Board The term Board means the Board of Directors of the FHA established under section 214. (2) Director The term Director means the Director of the Federal Housing Finance Agency. (3) FHA The term FHA means the Federal Housing Administration established under this title. (4) First-time homebuyer The term first-time homebuyer means an individual who meets any of the following criteria: (A) An individual, and his or her spouse, who has never had ownership in a principal residence. (B) A single parent (as such term is defined in section 956 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12713 )) who has only owned a principal residence with a former spouse while married. (C) An individual who is a displaced homemaker (as such term is defined in such section 956 of the Cranston-Gonzalez National Affordable Housing Act) and has only owned a principal residence with a spouse. (D) An individual who has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. (E) An individual who has only owned a property that was not in compliance with state, local or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. (5) Native american government The term Native American government means the government 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, pursuant to the Federally Recognized Indian Tribe List Act of 1994. (6) Residential health care facility The term residential health care facility includes a nursing home, a facility for long-term care, an intermediate care facility, a board and care home, an assisted living facility, a public health center, an outpatient facility, and a rehabilitation facility. (7) Secretary The term Secretary means the Secretary of Housing and Urban Development. (8) United States The term United States includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, and Native American governments. A Organization 211. Establishment (a) In General There is hereby established the Federal Housing Administration, which shall be a body corporate without capital stock and shall have succession until dissolved by Act of Congress. (b) Government Corporation The FHA shall be established as a wholly owned Government corporation subject to chapter 91 of title 31, United States Code (commonly referred to as the Government Corporation Control Act), except as otherwise provided in this subtitle. (c) Federal Agency (1) In general The FHA shall be an agency of the United States, except that the FHA shall not be considered an agency for purposes of holding, managing, and disposing of assets acquired by the FHA under the provisions of this title or the National Housing Act . (2) Holding, management, and disposal authority For purposes of this subsection, the term holding, managing, and disposing of assets includes the powers to— (A) deal with, complete, reconstruct, rent, renovate, modernize, insure, make contracts for the management of, establish suitable agencies for the management of, or exercise discretion to sell for cash or credit or lease, any acquired property; (B) pursue collection by way of compromise or otherwise all assigned and transferred claims; and (C) at any time, upon default, foreclose on any property secured by any assigned or transferred mortgage. (d) Self-Sufficient Entity The FHA shall operate and conduct its business as a self-sufficient entity in accordance with section 235(c). (e) Corporate Offices and Residency The FHA shall maintain its principal office in the District of Columbia and shall be deemed, for purposes of venue in civil actions, to be a resident of the District of Columbia. The FHA may establish other offices in such other places as the FHA considers appropriate in the conduct of its business. (f) Tax Status The FHA, including its franchise, activities, income, and assets, shall be exempt from all taxation now or hereafter imposed by any taxing authority in the United States, except that any real property of the FHA (other than real property that the FHA uses as an office) shall be subject to taxation to the same extent according to its value as any taxing authority taxes other real property. (g) Protection of Name (1) Prohibition No person shall, except the body corporate established under this section, after the date of the enactment of this Act, use the words Federal Housing Administration or the initials FHA as the name or part thereof under which such person shall do business. (2) Enforcement Violations of paragraph (1) may be enjoined by any court of general jurisdiction at the suit of the FHA. In any such suit, the FHA may recover any actual damages resulting from such violation, and, in addition, shall be entitled to punitive damages (regardless of the existence or nonexistence of actual damages) of not more than $100 for each day during which such violation is committed or repeated. 212. Purposes The FHA is established for the following purposes: (1) To provide mortgage insurance and other credit enhancement and related activities, for— (A) single family homeownership to first-time homebuyers, low- and moderate-income homebuyers, homebuyers in areas subject to counter-cyclical markets or Presidentially declared disasters; (B) the provision of affordable rental housing; and (C) the provision of residential health care facilities. (2) To supplement private sector activity by serving hard-to-serve markets, developing new mortgage products, and filling gaps in the provision and delivery of mortgage credit. (3) To deliver housing mortgage insurance and credit enhancement and provide other services in a non-discriminatory manner. (4) To promote liquidity and provide stability to the single family and multifamily housing finance market, by continuing to provide mortgage insurance and credit enhancement on a sound basis during times of regional and national economic downturn. (5) To engage in research, development, and testing of new products designed to make single family and multifamily housing and residential health care facility credit available to hard-to-serve markets. (6) To establish uniformity in operations and risk management and loss mitigation in housing mortgage insurance and rural housing loan programs. 213. General powers To further the purposes of this subtitle, in accordance with chapter 91 of title 31 of the United States Code (relating to government corporations), the FHA— (1) may adopt, amend, and repeal by-laws, and other written administrative guidance; (2) may adopt, alter, and use a corporate seal, which shall be judicially noted; (3) may insure, and make commitments to insure mortgages, to the extent authorized under this title, and enhance and make commitments to otherwise enhance credit, and in providing such insurance may reinsure, advance, incur liabilities, pool loans, and risk share; (4) may acquire, hold, use, improve, deal in, or dispose of, by any means, any interests in any real property or any personal property; (5) may execute contracts, and make other agreements in its own name, with any agency, public or private entity, or other person, and carry out any lawful requirement of such contracts, grants, or other agreements; (6) may take any actions, including the restructuring of debt, that the FHA determines are necessary to manage any portfolio (including the portfolio of the FHA) of property, assets, and obligations; (7) may— (A) create and supply, alone or in cooperation with public or private entities or persons, any product or service consistent with its corporate purposes; and (B) assess fees and charges for such products, information, and services in amounts, as determined by the FHA, that— (i) do not exceed their value in the market; (ii) permit the FHA to recover its fully allocated long-term costs; and (iii) permit the FHA to maintain the level of capital determined by the FHA to be necessary and sufficient to carry out the public purposes of the FHA and as required under subtitle C; (8) may create distinct insurance funds or other devices to segregate or permit limitations on liability for business activities or accounts; (9) may qualify any person or entity to engage in business with the FHA and may enforce and impose penalties for the breach of any duties, obligations, and other commitments made by such persons or entities; (10) shall take actions necessary to administer its business in a nondiscriminatory manner; (11) may use the services or obtain the goods of any Federal agency, including the Department of Housing and Urban Development, under working or cooperation agreements or contracts with such agencies and make or receive payment for the cost of such activities; (12) shall have the power, in its corporate name, to sue and be sued, and to complain and defend, in any court of competent jurisdiction, State or Federal, but no attachment, garnishment, injunction, or other similar process, mesne or final, shall be issued against the property of the FHA or against the FHA with respect to its property, and the FHA shall not be liable for interest prior to judgment, for punitive or exemplary damages, for penalties, or for claims based upon unjust enrichment, quasi-contract, or contracts implied-in-law, nor shall the FHA be subject to trial by jury; (13) notwithstanding any other provision of law— (A) shall be an agency of the United States Government and the officers and employees of the FHA shall be officers and employees of the United States Government for purposes of part IV of title 28, United States Code; (B) shall have all civil actions to which the FHA is a party deemed to arise under the laws of the United States; and (C) may, at any time before trial and without bond or security, remove any civil or criminal action or proceeding in a State court to which the FHA is a party to the United States district court for the District of Columbia or to the United States district court with jurisdiction over the place where the civil action or proceeding is pending, by following any procedure for removal of actions in effect at the time of such removal; (14) may— (A) accept and use voluntary and uncompensated services and accept, hold, administer, and use gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the FHA, and (B) hold gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests in a separate account, and such amounts shall be disbursed as provided by the FHA; except that property accepted pursuant to this paragraph, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest and, for the purpose of Federal income, estate, and gift taxes, property accepted under this paragraph shall be considered as a gift or bequest to or for the use of the United States; (15) shall have any transaction in which it participates be exempt from the terms of any State or other law or prohibition against payment of usurious interest; (16) may act as a fiduciary in connection with any of its undertakings; (17) may foreclose any single family mortgages held by the FHA pursuant to the same procedures and authority applicable to the Secretary under the Single Family Mortgage Foreclosure Act of 1994; (18) may foreclose any multifamily housing mortgages held by the FHA pursuant to the same procedures and authority applicable to the Secretary under the Multifamily Mortgage Foreclosure Act of 1981; (19) shall have the priority of the United States with respect to the payment of debts out of bankrupt, insolvent, and decedents’ estates; (20) may invest in systems, technology, or other capital resources, to enhance its ability to carry out the purposes of this title; and (21) shall have and exercise all powers necessary or appropriate to effect any of the purposes of this title, including the power to carry out any authority delegated to the FHA by the Secretary. 214. Board of Directors (a) In General The powers of the FHA shall be vested in the Board of Directors of the FHA. (b) Members and Appointment The Board of Directors shall consist of 9 individuals appointed by the President, who shall include the following individuals: (1) The Secretary of Housing and Urban Development. (2) The Secretary of Agriculture. (3) Not less than 5 individuals who have expertise in mortgage finance. (4) Not less than 2 individuals who have expertise in affordable housing serving low- and moderate-income populations. (c) Chairperson The Secretary of Housing and Urban Development shall serve as the chairperson of the Board. (d) Terms (1) In general Each member of the Board appointed under paragraph (3) or (4) of subsection (b) shall be appointed for a term of 3 years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees As designated by the President at the time of appointment, of the members first appointed to the Board pursuant to paragraphs (3) and (4) of subsection (b)— (A) 3 shall be appointed for terms of 1 year; and (B) 4 shall be appointed for terms of 2 years. (3) Vacancies Any member appointed to fill a vacancy on the Board occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy on the Board shall be filled in the manner in which the original appointment was made. (e) Meetings and Quorum The Board shall meet at any time pursuant to the call of the Chairperson or a majority of its members and as provided by the bylaws of the FHA, but not less than quarterly. A majority of the members of the Board shall constitute a quorum. (f) Powers The Board shall be responsible for the general management of the FHA and shall have the same authority, privileges, and responsibilities as the board of directors of a private corporation incorporated under the District of Columbia Business Corporation Act. (g) Duties In performing its duties, the Board shall— (1) obtain guidance from participants in the mortgage markets served by the FHA; (2) assess the housing and mortgage insurance needs of consumers and providers of single family and multifamily housing and communities, and the mortgage insurance needs of providers of residential health care facilities; (3) obtain information concerning housing finance markets in order to better assess how the FHA can complement the roles of public and private participants in such markets; and (4) assist the Secretary of Housing and Urban Development and the Secretary of Agriculture in coordinating the roles of Federal housing, banking, and credit agencies generally, and particularly in the delivery of housing credit enhancement to families, communities, and hard-to-serve markets. (h) Compensation Members of the Board shall serve on a part-time basis and shall serve without pay. (i) Travel Expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. 215. Officers and personnel (a) Appointment of Officers The Board shall appoint a president and vice president of the FHA, and, except as provided in subsections (b) and (c), such other officers as are provided for in the bylaws of the FHA. (b) Chief Risk Officer There shall be in the FHA a Chief Risk Officer, who— (1) shall be appointed by the Board of Directors of the FHA; (2) shall be selected from among individuals who possess demonstrated ability in the general management of, and knowledge of and extensive practical experience in, risk evaluation practices in large governmental or business entities; (3) shall be— (A) responsible for all matters relating to managing and mitigating risk to the mortgage insurance programs of the FHA and ensuring the performance of mortgages insured by the FHA; and (B) responsible for all matters relating to managing and mitigating risk to the housing loans made, insured, or guaranteed under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) and ensuring the performance of such housing loans; (4) shall not be subject to the review or approval of the Board of Directors of the FHA or the Secretary of Agriculture with respect to the exercise of the responsibilities under subparagraph (A) or (B), respectively, of paragraph (3); and (5) shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States before submitting to the Congress, or any committee or subcommittee thereof, any reports, recommendations, testimony, or comments if such submissions include a statement indicating that the views expressed therein are those of the Chief Risk Officer of the FHA and do not necessarily represent the views of the Board of Directors of the FHA or the Secretary of Agriculture. (c) Chief Technology Officer There shall be in the FHA a Chief Technology Officer, who— (1) shall be appointed by the Board of Directors of the FHA; (2) shall be selected from among individuals who possess demonstrated ability in the general management of, and knowledge of and extensive practical experience in, information technology management practices in, large governmental or business entities; (3) shall be— (A) responsible for all matters relating to information technology management relating to the mortgage insurance programs of the FHA; and (B) responsible for all matters relating to information technology management relating to the programs for making, insuring, and guaranteeing housing loans under title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ); including analysis and assessment of the information technology infrastructures, information technology strategy, and use of information technology, ensuring the security and privacy of information technology infrastructure and networks, and promoting technological innovation; (4) shall not be subject to the review or approval of the Board of Directors of the FHA or the Secretary of Agriculture with respect to the exercise of the responsibilities under subparagraph (A) or (B), respectively of paragraph (3); and (5) shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States before submitting to the Congress, or any committee or subcommittee thereof, any reports, recommendations, testimony, or comments if such submissions include a statement indicating that the views expressed therein are those of the Chief Technology Officer of the FHA and do not necessarily represent the views of the Board of Directors of the FHA or the Secretary of Agriculture. (d) Appointment of Employees Subject to subtitle D, the Board shall appoint such other employees of the FHA as the Board considers necessary for the transaction of the FHA’s business. (e) Compensation, Duties, and Removal (1) In general The Board shall fix the compensation of all officers and employees of the FHA and define their duties. Officers and employees shall be appointed, promoted, assigned, and removed on the basis of qualifications, and any such actions taken shall be consistent with the principles of fairness, nondiscrimination, and due process. (2) Considerations in fixing compensation In fixing and directing compensation for officers and employees of the FHA, the Board shall consult and maintain comparability with the compensation provided by the Government National Mortgage Association, the Federal Housing Finance Agency, the Comptroller of Currency, the Board of Governors of the Federal Reserve System, and the Federal Deposit Insurance Corporation to officers and employees of such entities. (f) Applicability of Certain Civil Service Laws The officers and employees of the FHA shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (g) Use of Federal Agencies In carrying out its purposes, the FHA may use information, services, staff, and facilities of any executive agency, independent agency, or department (including the Department of Housing and Urban Development), with the consent of the agency or department, and shall reimburse the agency or department for the cost of such information, services, staff, and facilities. (h) Indemnification The FHA may provide for the indemnification of any officer, employee, contractor, or agent of the FHA on such terms as the FHA determines proper, except that, to the extent that the FHA self-insures for any indemnification— (1) the aggregate maximum amount of indemnification outstanding at any time shall not exceed 5 percent of the amount of capital required under section 256 to be maintained by the Mutual Mortgage Insurance Fund; and (2) not more than $1,000,000 may be paid as an indemnity for any single event. (i) Amendments to Housing Act of 1949 Section 501 of the Housing Act of 1949 (42 U.S.C. 1471) is amended by adding at the end the following new subsections: (k) Authority of Chief Risk Officer of FHA The Chief Risk Officer of the FHA appointed pursuant to section 215(b) of the FHA Reform and Modernization Act of 2013 shall be solely responsible for all matters relating to evaluating, managing, and mitigating risk to the programs under this title for making, insuring, and guaranteeing housing loans and ensuring the performance of such housing loans, and such authority shall not be subject to the review or approval of the Secretary. (l) Authority of Chief Technology Officer of FHA The Chief Technology Officer of the FHA appointed pursuant to section 215(c) of the FHA Reform and Modernization Act of 2013 shall be solely responsible for all matters relating to information technology management relating to the programs under this title for making, insuring, and guaranteeing housing loans, and such authority shall not be subject to the review or approval of the Secretary. . 216. Financial, underwriting, and operations systems (a) In general The FHA shall develop and maintain such financial, underwriting, and operations systems as may be necessary to carry out the responsibilities of the FHA. Such systems shall be designed and developed in a manner so that such systems shall also be used for the financial, underwriting, and operations systems, respectively, of the programs under title V of the Housing Act of 1949 for making, guaranteeing, and insuring rural housing loan programs. (b) Use by Rural Housing Service programs (1) Availability All financial, underwriting, and operations systems of the FHA shall be available to the Secretary of Agriculture to the extent necessary to ensure compliance with section 501(m) of the Housing Act of 1949 ( 42 U.S.C. 1471(l) ). (2) Use Section 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ), as amended by the preceding provisions of this title, is further amended by adding at the end the following new subsection: (m) Use of FHA systems The Secretary, the Chief Risk Officer of the FHA, and the Chief Technology Officer of the FHA shall utilize the financial, underwriting, and operations systems of the FHA in carrying out all financial, underwriting, and operations functions with respect to the programs under this title for making, insuring, or guaranteeing housing loans. . 217. Procurement (a) In General The FHA shall establish an economical and results-oriented system for the procurement, supply, and disposition by the FHA of personal property and services, which shall include performance measures and standards for determining the extent to which the FHA’s procurement of property and services satisfies the objective for which the procurement was undertaken. The system shall be consistent with the principles of impartiality and competitiveness. (b) Exemption from Federal Property and Administrative Service Act Requirements Section 113(e) of title 40, United States Code, is amended— (1) in paragraph (19), by striking or at the end; (2) in paragraph (20), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (21) The Federal Housing Administration; and . (c) Exemption from Procurement Protest System Subchapter V of chapter 35 of title 31, United States Code, relating to the procurement protest system, shall not apply to the FHA. 218. Applicability of laws (a) Exemption from notice and comment rulemaking Any matter relating to credit enhancement or other business activities of the FHA authorized under this title shall be considered a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts, for purposes of section 553(a) of title 5, United States Code. (b) Subsidy layering For purposes of section 102(d) of the Department of Housing and Urban Development Reform Act of 1989, mortgage insurance and other credit enhancement provided under this title shall not be considered assistance within the jurisdiction of the Department. (c) Government Corporation Control Act Section 9101(3) of title 31, United States Code, is amended by adding at the end the following new subparagraph: (S) the Federal Housing Administration. . (d) Tax Exempt Status of FHA Section 501(l) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(l) ) is amended by adding at the end the following new paragraph: (5) The Federal Housing Administration established under the FHA Reform and Modernization Act of 2013 . . 219. Evaluation (a) In General The Director shall conduct a study and submit a report to the President and the Congress on— (1) whether this title provides sufficient authority to permit the FHA to accomplish its public purposes efficiently and effectively, and in a safe and sound manner; (2) the impact of the limitations on business activities as to mortgage amounts and aggregate commitments, and any other statutory limitations, on the current and anticipated business activity of the FHA; and (3) whether the provisions of subtitle C appropriately provide that the FHA will be operated in a safe and sound manner and will fulfill the public purposes of its establishment. (b) Timing The report required by this section shall be submitted on the third January 1st occurring after the conclusion of the transition period under section 281. 220. Funding (a) Funding of salaries and expenses There is authorized to be appropriated for each fiscal year to the FHA, for salaries, expenses, and technology for the management and operations of the FHA an amount not exceeding the amount of the negative subsidy credited to the negative subsidy receipt account not needed for reserves of the funds of the FHA pursuant to sections 256 and 259. (b) Funding of Claims (1) Availability of funds Amounts credited to the financing account of the FHA, established pursuant to title V of the Congressional Budget Act of 1974, shall be permanently and indefinitely available for payment of any claim that the FHA approves under a contract of insurance or other credit enhancement instrument pursuant to this title. (2) Borrowing authority (A) In general To the extent that such amounts are insufficient for such purpose, the FHA may borrow from the Treasury pursuant to title V of the Congressional Budget Act of 1974. (B) Notice to Congress Upon exercising the authority referred to in subparagraph (A), the FHA shall submit to the Congress— (i) notice of such exercise of authority and the extent of the borrowing undertaken; (ii) a plan for repayment to the Treasury of the amounts borrowed, specifying the time and amounts of such payments; and (iii) if such borrowing is for the Mutual Mortgage Insurance Fund, how the FHA will comply with the capital restoration plan required under section 257(c). 221. Effective date This subtitle shall take effect on the date of the enactment of this Act. B Business authority and requirements 231. Authority to carry out FHA and other business (a) In General After the expiration of the transition period under section 281— (1) the FHA may exercise (in addition to powers set forth in section 282) any authority and undertake any responsibilities of the Secretary of Housing and Urban Development under the National Housing Act (as amended by this title) relating to mortgage insurance, except as otherwise provided in this title and except that any authority that requires an appropriation may be conducted only to the extent that amounts are so appropriated; (2) any amounts in the Mutual Mortgage Insurance Fund under section 202(a) of the National Housing Act (12 U.S.C. 1708(a)) , any amounts in the General Insurance Fund and Special Risk Insurance Fund under sections 519 and 238(b), respectively, of such Act (12 U.S.C. 1735c, 1715z–3(b)), and any amounts in the Cooperative Management Housing Insurance Fund under section 213(k) of such Act ( 12 U.S.C. 1715e(k) ), shall be used by the FHA only— (A) for meeting any obligations of such Funds entered into before such transition date; and (B) for carrying out the mortgage insurance obligations of the FHA pursuant to section 282(1) of this title and paragraph (1) of this section; and (3) the FHA may exercise any authority of the FHA under this title. (b) Termination of Secretary’s FHA Authority After the expiration of the transition period under section 281, the Secretary may not exercise any authority under the National Housing Act relating to mortgage insurance. This subsection may not be construed to limit or otherwise affect the Secretary’s authority under title I of the National Housing Act (12 U.S.C. 1702 et seq.). (c) Continuation of Obligations This section and section 282(1) may not be construed to affect the validity of any right, duty, or obligation of the United States or other person arising under or pursuant to any commitment or agreement lawfully entered into with the Secretary of Housing and Urban Development under the National Housing Act . 232. Eligible single-family mortgages (a) In General Notwithstanding section 203 of the National Housing Act ( 12 U.S.C. 1709 ) or any other provision of law, the FHA may insure, and make commitments to insure, a mortgage on a 1- to 4-family residential property only if the mortgage complies with the following requirements: (1) Mortgage amount The mortgage shall involve a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the FHA shall approve) in an amount not to exceed the following amounts: (A) Appraised value 100 percent of the appraised value of the property. (B) Area limitation (i) Maximum limit The lesser of the following amounts: (I) In the case of— (aa) a 1-family residence, 115 percent of the median 1-family house price in the area in which such residence is located, as determined by the FHA; and (bb) in the case of a 2-, 3-, or 4-family residence, the percentage of such median price that bears the same ratio to such median price as the dollar amount limitation determined under the sixth sentence of section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ) for a 2-, 3-, or 4-family residence, respectively, bears to the dollar amount limitation determined under such section for a 1-family residence; or (II) 150 percent of the dollar amount limitation determined under the sixth sentence of such section 305(a)(2) for a residence of the applicable size. For purposes of the preceding sentence, the term area means a metropolitan statistical area as established by the Office of Management and Budget; and the median 1-family house price for an area shall be equal to the median 1-family house price of the county within the area that has the highest such median price. (ii) Minimum limit Notwithstanding clause (i), the principal obligation limitation in effect for any area under this subparagraph may not be less than the greater of— (I) 375 percent of the median income for the area, as determined by the FHA; or (II) $200,000. (2) Downpayment The mortgage shall be executed by a mortgagor who shall have paid on account of the property subject to the mortgage an amount, in cash or its equivalent, equal to or exceeding— (A) 5 percent of the cost of acquisition of the property, as determined by the FHA; or (B) in the case of a mortgage under which the mortgagor is a first-time homebuyer and for which such credit enhancement as the FHA shall determine has been provided, 3.5 percent of the cost of acquisition of the property, as determined by the FHA. (3) Public purpose requirement The mortgage shall meet the requirements of any one of the following subparagraphs: (A) First-time homebuyer The mortgagor under the mortgage is a first-time homebuyer (as such term is defined in section 202) of the property subject to the mortgage and the property is used as the principal residence of the mortgagor. (B) Low- or moderate-income mortgagor The mortgagor under the mortgage is a member of a family as follows: (i) In general A family having an income that is less than 115 percent of the median income, as determined by the FHA, for the area in which the property subject to the mortgage is located, except that the FHA may establish income ceilings higher or lower than 115 percent of the median for the area to take into consideration various sizes of families. (ii) High-cost areas A family that— (I) resides in any area for which the median 1-family house price exceeds the maximum dollar amount limitation in effect for that year on the original principal obligation of a mortgage on a 1-family residence that may be purchased by the Federal Home Loan Mortgage Corporation, as determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ); and (II) has an income that is less than 150 percent of the median income, as determined by the FHA, for the area in which the property subject to the mortgage is located, except that the FHA may establish income ceilings higher or lower than 150 percent of the median for the area to take into consideration various sizes of families. For purposes of this subparagraph, the term area has the meaning given such term in the last sentence of paragraph (1)(B)(i). (C) Counter-cyclical market adjustment The property subject to the mortgage is located in a county or counties for which a determination under this subparagraph has been made, as follows: (i) Determination A mortgage may be insured pursuant to this subparagraph only upon a joint determination by the Director and the Chief Risk Officer that— (I) available credit for the purchase of 1- to 4-family homes located in such county or counties has contracted significantly, as measured by the credit availability measure of the Office of the Comptroller of the Currency; (II) housing prices in such county or counties have declined significantly, as measured by the applicable housing price index of the Federal Housing Finance Agency; or (III) available credit for the purchase of housing or such other economic conditions exist sufficient to evidence a significant contraction of capital in such county or counties, as measured by a metric identified by the Director and the Chief Risk Officer in a written notice made publicly available, and provided to the Congress, in advance of such determination. (ii) Conditions of termination Upon making a determination under clause (i), the Director and the Chief Risk Officer shall also identify measurable criteria for determining that the conditions determined under clause (i) for such county or counties have ceased to exist. (iii) Notice to Congress Upon making a determination under clause (i), the Director and the Chief Risk Officer shall provide written notice to the Congress of such determination and the specific measurable criteria identified pursuant to clause (ii). (iv) Termination The authority to insure mortgages pursuant to this subparagraph on properties located in a county or counties shall terminate upon the earlier of— (I) the expiration of the 18-month period beginning upon the date that notification under clause (iii) is provided to the Congress of the determination under clause (i) with respect to such county or counties; or (II) the occurrence of the conditions identified pursuant to clause (ii) with respect to such county or counties. (v) Multiple determinations Nothing in this subparagraph may be construed to prevent multiple or consecutive periods for a county or counties during which mortgages on properties located in such county or counties may be insured pursuant to this subparagraph. (D) Disaster area The Board of Directors exercises the authority to insure mortgages under this subparagraph, subject to the following requirements: (i) Implementation The Board of Directors may implement authority to insure mortgages under this subparagraph only if the Board— (I) by a vote of the majority of its members, approves such implementation for a specific disaster area under clause (iii) and a specific disaster period under clause (iv); and (II) notifies the Congress and the President in writing of such approval, such disaster period, and such disaster area not less than 30 days before the commencement of the disaster period. (ii) Eligible mortgages The FHA may insure, or make a commitment to insure, a mortgage under authority under this subparagraph only if— (I) the mortgage is made for the purchase of a principal residence by a mortgagor whose home (that the mortgagor occupied as an owner or tenant) was located in a disaster area described under clause (iii) and was destroyed or damaged to such an extent that reconstruction is required, as a result of a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act; and (II) the commitment for mortgage insurance is made during the disaster period established under clause (iv) for such disaster area. (iii) Disaster area A disaster area may be established for purposes of this subparagraph only for the area affected by a major disaster, as declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or a portion of such area, as determined by the FHA. (iv) Disaster period A disaster period established for purposes of this subparagraph shall— (I) commence upon or after the declaration of the major disaster referred to in clause (iii); and (II) terminate on the date certain approved by the Board of Directors under clause (i)(I) and contained in the notice under clause (i)(II), which shall not be later than 18 months after the commencement of the period. (b) Conforming amendments Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended— (1) by striking paragraph (2); and (2) in paragraph (9)— (A) by striking subparagraph (A); and (B) in subparagraph (B), by striking this paragraph and inserting section 202(a)(2) of the FHA Reform and Modernization Act of 2013 . 233. Risk-sharing (a) Development of demonstration model Not later than the expiration of the 2-year period beginning on the date of the enactment of this Act, the FHA shall develop and implement a model and standards for entering into risk-sharing agreements with respect to mortgages insured by the FHA, under which the FHA shall insure a portion of the amount of the mortgage and persons or entities determined under the guidelines established pursuant to subsection (b) to be qualified to participate in such an agreement shall insure the remainder (or another) portion of the amount of the eligible mortgage. (b) Qualifications of Risk-Sharing Partners (1) Establishment The model and standards established under this section shall include guidelines for the qualification of persons or entities to participate in risk-sharing and other credit enhancement activities with the FHA. (2) Procedures In establishing such guidelines, the FHA shall review the guidelines established by the Director for qualification of persons or entities to participate in risk-sharing and other credit enhancement activities with the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. The FHA shall determine whether such guidelines for such enterprises are sufficient for purposes of the FHA, including whether such guidelines meet the requirements under paragraph (3), and— (A) if the FHA determines that such guidelines are so sufficient, the FHA shall adopt such guidelines for purposes of this section, to the extent appropriate, with any changes necessary to account for differences between the mortgages insured under this title and the National Housing Act and the business under such provisions and the business of such enterprises; or (B) if the FHA determines that such guidelines are not so sufficient, the FHA shall adopt such guidelines for purposes of this section, to the extent appropriate and with changes referred to in subparagraph (A), together with additional criteria sufficient to address any such insufficiency. (3) Content Such guidelines shall ensure that— (A) persons or entities participating in risk-sharing and other credit enhancement activities pursuant to this section have sufficient capital, credit worthiness, and liquidity, and are otherwise capable of fulfilling their obligations to the FHA; (B) such persons or entities and their principals or officers are not engaged in a business the goals of which would conflict with the purposes of the FHA or the National Housing Act; and (C) product or service delivery will be conducted in a manner that is efficient and effective, and that will comply with the requirement under section 211(d). (c) Risk-Sharing requirement (1) Requirement After the expiration of the 2-year period referred to in subsection (a), the FHA shall ensure that, in each fiscal year, not less than 10 percent of any new business in mortgages on 1- to 4-family residential property is insured pursuant to a risk-sharing agreement with respect to such mortgage that complies with the standards established pursuant to subsection (a). (2) Limitation In any fiscal year, the FHA may not comply with paragraph (1) by entering into risk-sharing agreements with respect only to one or a limited number of types or categories of mortgages, or mortgages having only particular, or a particular range of, original principal obligation amounts, but shall enter into risk-sharing agreements for all types and amounts of mortgages insured by the FHA, to the extent required under paragraph (1). (3) New business For purposes of this subsection, with respect to a fiscal year, the term new business means the aggregate dollar amount of the principal obligations of mortgages for which a commitment to insure is made pursuant to the National Housing Act or this title, as applicable, during such fiscal year. (d) Reports to Congress Upon the expiration of each of the 3- and 5-year periods beginning on the date of the enactment of this Act, the FHA shall submit a report to the Congress on the findings and results of risk-sharing activities under this section. Such reports shall describe the model and standards for entering into risk-sharing agreements, analyze appropriate dollar amount limits for the original principal obligations of mortgages that should be subject to a risk-sharing requirement, identify the effects of such risk-sharing activities on the Mutual Mortgage Insurance Fund, and make recommendations regarding expanding the risk-sharing requirement under subsection (c). (e) Effective date This section shall take effect on the date of the enactment of this Act. During the transition period under section 281, any reference in this section to the FHA shall be construed to refer to the Secretary to the extent the Secretary has not delegated authority under this section to the FHA pursuant to section 282(1). 234. Limitation on mortgage insurance coverage (a) Limitation Notwithstanding any other provision of this title or the National Housing Act, the FHA may not insure, or make any commitment to insure, any portion of any mortgage on a 1- to 4-family residential property in excess of the amount equal to the following percentage of the original principal obligation of the mortgage: (1) In the case of any such mortgage insured after the expiration of the 1-year period beginning on the date of the enactment of this Act, 90 percent of such original principal obligation, subject to paragraphs (2) through (5). (2) In the case of any such mortgage insured after the expiration of the 2-year period beginning on the date of the enactment of this Act, 80 percent of such original principal obligation, subject to paragraphs (3) through (5). (3) In the case of any such mortgage insured after the expiration of the 3-year period beginning on the date of the enactment of this Act, 70 percent of such original principal obligation, subject to paragraphs (4) and (5). (4) In the case of any such mortgage insured after the expiration of the 4-year period beginning on the date of the enactment of this Act, 60 percent of such original principal obligation, subject to paragraph (5). (5) In the case of any such mortgage insured after the expiration of the 5-year period beginning on the date of the enactment of this Act, 50 percent of such original principal obligation. (b) Effective date This section shall take effect on the date of the enactment of this Act. During the transition period under section 281, any reference in this section to the FHA shall be construed to refer to the Secretary to the extent the Secretary has not delegated authority under this section to the FHA pursuant to section 282(1). 235. Premiums (a) Establishment The FHA shall establish and collect premium payments for mortgage insurance provided pursuant to this title and the amendments made by this title, and shall provide for sharing of premiums with entities entering into risk-sharing agreements with the FHA pursuant to section 233 based on the relative portion of the mortgage insured and the risk of loss borne. (b) Minimum premiums In the case of mortgages on 1- to 4-family residential properties insured by the FHA, the premiums established and collected by the FHA shall include an annual premium payment in an amount not less than 0.55 percent of the remaining insured principal balance (excluding the portion of the remaining balance attributable to any premium collected at the time of insurance and without taking into account delinquent payments or prepayments) for the entire term of the mortgage. (c) Self-Sufficient operations Notwithstanding section 203(c) of the National Housing Act ( 12 U.S.C. 1709(c) ) or any other provision of law, premium rates established under this section shall be established in amounts sufficient to cover— (1) costs of providing mortgage insurance coverage under this title; (2) costs for administration, operations, management, and technology systems for the FHA for carrying out this title; (3) the capital ratio required for the Mutual Mortgage Insurance Fund under section 256(b) and under section 259 with respect to mortgage insurance for mortgages on multifamily properties; and (4) salaries and expenses for officers and personnel of the FHA. (d) Risk-Based premiums The FHA may, with respect to mortgages on 1- to 4-family residential properties insured by the FHA, establish a mortgage insurance premium structure involving a single premium payment collected prior to the insurance of the mortgage or annual payments (which may be collected on a periodic basis), or both. Under such structure, the rate of premiums for such a mortgage may vary according to the credit risk associated with the mortgage and the rate of any annual premium for such a mortgage may vary during the mortgage term, except that the basis for determining the variable rate shall be established before the execution of the mortgage. The FHA may change a premium structure established under this subsection, but only to the extent that such change is not applied to any mortgage already executed. (e) Savings provision Nothing in this section may be construed to affect premiums charged for mortgage insurance provided for mortgages insured before the date of the enactment of this Act. 236. Default and foreclosure statement (a) Written statement The FHA shall ensure that each mortgagor under a mortgage on a 1- to 4-family residential property insured by the FHA is provided, by the mortgagee at the time that such mortgage is originated, with a written statement containing the information required under subsection (b). (b) Default and foreclosure information The information required under this subsection with respect to a mortgage is information identifying the percentage (as determined according to historical rates of default and foreclosure) of mortgages on 1- to 4-family residential properties that were insured pursuant to this title and the National Housing Act and that had mortgagors who have the same risk profile and mortgage product as the mortgagor receiving the written statement pursuant to this section (as determined in accordance with guidelines established by the FHA) that— (1) during the terms of such mortgages, experienced a default on payments due under such mortgages; and (2) were foreclosed upon during the terms of such mortgages. 237. Occupancy and rent limitations for multifamily mortgage insurance (a) In general Notwithstanding any provision of the National Housing Act or any other provision of law, the FHA may not insure any mortgage on a residential property having 5 or more dwelling units unless the property is subject to such binding terms and conditions, including such occupancy and rent restrictions, as are satisfactory to the FHA to ensure that the property includes dwelling units, to the extent determined by the FHA to be appropriate, for which occupancy is restricted during the entire term of the mortgage to only the following families: (1) In general A family having an income that is less than 115 percent of the median income, as determined by the FHA, for the area in which the property subject to the mortgage is located, except that the FHA may establish income ceilings higher or lower than 115 percent of the median for the area to take into consideration various sizes of families. (2) High-cost areas A family that— (A) resides in any area in which the median 1-family house price exceeds the maximum dollar amount limitation in effect for that year on the original principal obligation of a mortgage on a 1-family residence that may be purchased by the Federal Home Loan Mortgage Corporation, as determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ); and (B) has an income that is less than 150 percent of the median income, as determined by the FHA, for the area in which the property subject to the mortgage is located, except that the FHA may establish income ceilings higher or lower than 150 percent of the median for the area to take into consideration various sizes of families. (b) Lower incomes Subsection (a) may not be construed to prevent the FHA from establishing occupancy, income, and rent restrictions that establish limits on incomes for families occupying income-restricted units in a property that are lower than the incomes specified in subsection (a). (c) Area For purposes of this section, the term area has the meaning given such term in the last sentence of section 232(a)(1)(b)(i). 238. Effective date This subtitle and the amendments made by this subtitle, except for sections 233 and 234, shall take effect upon the expiration of the transition period under section 281. C Financial safety and soundness 251. Authority of Director (a) Duty The Director of the Federal Housing Finance Agency shall supervise and regulate the safety and soundness of the FHA and the programs of the Rural Housing Service of the Department of Agriculture for housing loans made, insured, or guaranteed under title V of the Housing Act of 1949, and it shall be the duty of the Director to ensure that the FHA and such Rural Housing Service programs are adequately capitalized and operating safely. (b) Authority The Director may make such determinations, take such actions, and perform such functions as the Director determines necessary to meet the responsibilities of the Director under this subtitle. 252. Budgets and business plans (a) Submission of business-Type budget In each year, the FHA shall prepare and submit an annual budget as required under section 9103 of title 31, United States Code, and shall submit such budget to the Director by a date sufficient to enable the Director to produce, pursuant to section 255(c) of this title, the credit subsidy cost estimates that are required for the budget of the United States Government under section 1105(a) of title 31, United States Code. (b) Submission of Budget and Credit Cost Estimates to OMB For purposes of inclusion in the budget of the United States Government, the FHA shall submit the annual budget of the FHA and the annual credit subsidy cost estimates produced pursuant to section 255(c) of this title to the Director of the Office of Management and Budget. (c) Reserves (1) Establishment Subject to sections 256 and 259, the FHA may establish any reserve that the FHA determines is necessary for the business operations of the FHA. (2) Amounts The FHA may hold as a reserve in any financing account, as defined in section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a ), such amounts as the FHA considers necessary to comply with the capital requirements established for the FHA under sections 256 and 259 of this title and to fulfill the purposes of this title. 253. Annual business plan; use of GAAP (a) Annual business plan The FHA shall establish a business plan on an annual basis and shall make such plan available for review by the Director. Such plan shall specify the products and operational strategy of the FHA, including plans to address compliance with the safety and soundness requirements applicable to the FHA. (b) Use of GAAP Any financial reporting of the FHA, including the preparation of the annual business plan required by subsection (a), the annual budget required in accordance with section 252(a), and any financial statements of the FHA, shall be conducted in accordance with generally accepted accounting principles applicable to the private sector. 254. Examinations, reports, and cost estimates (a) Examinations The Director shall conduct such examinations of the FHA and the Rural Housing Service programs referred to in section 251(a) as the Director determines necessary to evaluate the safety and soundness of the FHA and such programs. Such examinations shall be subject to and governed by subsections (c) through (h) of section 1317 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4517 ), except that the last sentence of subsection (c) shall not apply and any reimbursements referred to in such sentence shall be made from amounts collected under section 255 of this title. (b) Reports The Director may require the FHA and the Rural Housing Service to submit, within a reasonable period of time, any regular or special report, data, or other information whenever, in the judgment of the Director, such report, data, or information is necessary to carry out the Director’s responsibilities under this title. (c) Credit Subsidy Cost Estimates (1) In general The Director shall produce and submit to the Director of the Office of Management and Budget the annual credit subsidy cost estimates for the FHA and the Rural Housing Service programs referred to in section 251(a) required for the President’s budget. Such estimates shall be consistent with the estimates of performance generated by the risk-based capital model developed in accordance with section 257(b), and with the President’s economic forecast. (2) Unified estimates The annual credit subsidy cost estimates produced under this subsection by the Director shall be reported on a unified basis, which shall be based upon the business of the FHA, and the Rural Housing Service programs referred to in section 251(a), as a whole. (d) Annual Report on Safety and Soundness The Director shall submit an annual report to Congress and the Director of the Office of Management and Budget on the financial safety and soundness of the FHA and the Rural Housing Service programs referred to in section 251(a), as measured pursuant to this subtitle. 255. Reimbursement of costs (a) Assessment and Collection The Director shall assess and collect from the FHA and the Secretary of Agriculture annual assessments in such amounts determined by the Director as necessary to reimburse the Federal Housing Finance Agency for the reasonable costs and expenses of the activities undertaken by such Agency to carry out the duties of the Director under this subtitle, including the costs of examination, enforcement, and oversight expenses. (b) Requirements Annual assessments imposed by the Director shall be— (1) imposed prior to October 1 of each year; (2) allocated among the FHA and the Secretary of Agriculture proportionally based on the costs and expenses of the Agency of carrying out the duties under this subtitle with respect to FHA and the Rural Housing Service program referred to in section 251(a), respectively; (3) collected at such time or times during each assessment year as determined necessary or appropriate by the Director; and (4) treated in the same manner as provided under section 1316(f) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4516(f) ) with respect to amounts received by the Director from assessments under section 1316 of such Act, except that amounts from assessments under this section may be used only for expenses of the Director and the Agency relating to the functions and responsibilities under this subtitle. 256. Mutual Mortgage Insurance Fund capital reserve (a) Segregation of books To ensure accurate determinations of the capital ratio under subsection (b) of this section and such ratio under section 205(f) of the National Housing Act, as amended by subsection (d) of this section, the FHA shall establish separate accounts in the Mutual Mortgage Insurance Fund and take such other actions as may be necessary to segregate the following amounts: (1) Capital attributable to new business. (2) Capital attributable to mortgages that become insured before the expiration of the transition period under section 281. (b) Capital ratio for new business The FHA shall ensure that the account for the Mutual Mortgage Insurance Fund that is established pursuant to subsection (a)(1) of this section at all times maintains a capital ratio of not less than 4.0 percent. (c) Definitions For purposes of this section, the following definitions shall apply: (1) Capital The term capital means the economic net worth of the account of the Fund that is established pursuant to subsection (a)(1) of this section, as determined by the FHA under the annual audit required under section 538 of the National Housing Act ( 12 U.S.C. 1735f–16 ). (2) Capital ratio The term capital ratio means the ratio of capital to unamortized insurance-in-force. (3) Economic net worth The term economic net worth means the current cash available to the account of the Fund that is established pursuant to subsection (a)(1) of this section, plus the net present value of all future cash inflows and outflows expected to result from outstanding new business. (4) Fund The term Fund means the Mutual Mortgage Insurance Fund established under section 205 of the National Housing Act ( 12 U.S.C. 1711 ). (5) New business The term new business means mortgages that are obligations of the Mutual Mortgage Insurance Fund that become insured by the FHA after the expiration of the transition period under section 281. (6) Unamortized insurance in force The term unamortized insurance-in-force means the remaining obligation on outstanding new business, as estimated by the FHA. (d) Treatment of existing capital ratio Paragraph (4) of section 205(f) of the National Housing Act ( 12 U.S.C. 1711(f)(4) ) is amended— (1) in subparagraph (A), by striking Mutual Mortgage Insurance Fund and inserting account of the Mutual Mortgage Insurance Fund that is established pursuant to subsection (a)(2) of the FHA Reform and Modernization Act of 2013 ; (2) in subparagraph (C)— (A) by striking Fund the first place such term appears and inserting account of the Mutual Mortgage Insurance Fund that is established pursuant to subsection (a)(2) of the FHA Reform and Modernization Act of 2013 ; and (B) by striking the Fund. and inserting the following: such account that become insured by the Secretary of Housing and Urban Development (or the FHA, pursuant to subtitle D of the FHA Reform and Modernization Act of 2013) before the expiration of the transition period under section 281 of such Act . ; and (3) in subparagraph (D), by inserting before the comma the following: and become insured before the expiration of the transition period under section 281 of the FHA Reform and Modernization Act of 2013 . 257. Capital classifications and performance measures for Mutual Mortgage Insurance Fund (a) Capital classification; effect on insurance authority (1) Adequately capitalized At any time that the capital ratio (as such term is defined in section 256(c)(2) of this title) is greater than 4.0 percent, the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) shall be classified as adequately capitalized for purposes of this subtitle. (2) Undercapitalized At any time that the capital ratio is less than 4.0 percent— (A) the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) shall be classified as undercapitalized for purposes of this subtitle; and (B) if such capital ratio is— (i) equal to or greater than 2.0 percent, the FHA may not enter into any new commitment to insure any mortgage on a 1- to 4-family residential property that involves a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the FHA shall approve) in an amount exceeding 90 percent of the appraised value of the property; and (ii) less than 2.0 percent but equal to or greater than 0.0 percent, the FHA may not enter into any new commitment to insure any mortgage on a 1- to 4-family residential property that involves a principal obligation (including such initial service charges, appraisal, inspection, and other fees as the FHA shall approve) in an amount exceeding 80 percent of the appraised value of the property. (3) Significantly undercapitalized At any time that the capital ratio is less than 0.0 percent— (A) the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) shall be classified as significantly undercapitalized for purposes of this subtitle; and (B) the Director may, pursuant to section 258(a)(1), take actions under section 258(b). (4) Quarterly determination of capital ratio The Director shall determine the capital ratio and the capital classification of the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) for purposes of this subtitle not less frequently than each calendar quarter. (b) Stress test (1) In general The Director shall develop a risk-based capital model to determine the amount of capital that is sufficient for the FHA to maintain positive capital during a period of economic stress. The model shall incorporate the assumptions under paragraphs (2) and (3). (2) Credit risk For purposes of paragraph (1), the Director shall assume that, during the period of economic stress referred to in paragraph (1), credit losses occur at a rate consistent with a nationwide economic recession of average severity based on nationwide economic recessions since 1950. (3) Other risks For purposes of paragraph (1), the Director shall make assumptions about such other aspects of the period of economic stress as the Director determines are appropriate and consistent. (c) Capital restoration plan requirement If the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) is classified as undercapitalized or significantly undercapitalized, the FHA shall— (1) submit to the Director a capital restoration plan meeting the requirements of section 258(d) for raising or restoring the capital of such account to an amount not less than the amount required for such account to be classified as adequately capitalized; and (2) upon approval by the Director, carry out such plan. If the Director disapproves a capital restoration plan submitted under this subsection, the Director shall convey in writing reasons for such disapproval and shall provide for the FHA to resubmit a revised plan for approval by the Director. 258. Enforcement (a) Grounds The Director may take actions under subsection (b) only if— (1) the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) is classified under section 257(a) as significantly undercapitalized; (2) the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1) is classified under section 257(a) as undercapitalized and— (A) the FHA does not submit a capital restoration plan that is substantially in compliance with section 257(c) within the applicable period, or the Director disapproves the capital restoration plan submitted by the FHA; or (B) the FHA has failed to make, in good faith, reasonable efforts necessary to comply with the capital restoration plan; or (3) the FHA is engaging or has engaged, or the Director has reasonable cause to believe that the FHA is about to engage in— (A) any conduct that is likely to threaten the adequacy of the capital of the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1); (B) any failure to comply with any written agreement entered into by the FHA with the Director; or (C) any failure to comply with any request by the Director for a report, data, or information under section 254(b). (b) Actions The Director may, under this subsection, require the FHA— (1) to cease and desist from any conduct or activity that— (A) with respect to the account for the Mutual Mortgage Insurance Fund established pursuant to section 256(a)(1), is described in paragraph (2) or (3) of subsection (a), or that contributes to the condition described in subsection (a)(1); and (B) with respect to any other Fund, contributes to a failure to meet a capital reserve requirement established pursuant to section 259(a) or is likely to threaten the adequacy of the capital of such Fund; and (2) to take corrective or remedial action, including— (A) restricting the growth of, or contracting, any category of assets or liabilities; (B) reducing, modifying, or terminating any activity that the Director determines creates excessive risk to the FHA; (C) terminating agreements or contracts; (D) engaging or employing qualified employees (who may be subject to approval by the Director at the direction of the Director); or (E) submitting to the Director for review and approval a detailed and complete operating plan. (c) Reports If the Director is authorized under subsection (a) of this section or section 259(b) to take action under subsection (b) of this section and determines not to take any such action, the Director shall prepare a report detailing the basis of the Director’s decision not to take such action and shall, within 30 days of the decision, submit the report to the President, the Director of the Office of Management and Budget, the Comptroller General of the United States, the Committee on Banking and Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (d) Capital restoration plans A capital restoration plan submitted pursuant to section 257(c), 259(b), or 260(d)(3) shall— (1) set forth a feasible plan for raising or restoring the capital of the Fund for which it is prepared; (2) specify the level of capital to be achieved and maintained; (3) be submitted to the Director within 45 days from the date of notification, or if the Director determines that an extension is necessary, within such additional time as the Director so determines; (4) describe the actions that the FHA shall take for such Fund to become classified as adequately capitalized; (5) establish a schedule for completing the actions set forth in the plan; and (6) specify the types and levels of activities (including existing and new business activities) in which the FHA shall engage during the term of the plan. 259. Capital reserve requirements for other funds (a) Requirements The Director shall establish capital reserve requirements for— (1) the General Insurance Fund established under section 519 of the National Housing Act (12 U.S.C. 1735c); (2) the Special Risk Insurance Fund established under section 238(b) of such Act (12 U.S.C. 1715z–3(b)); (3) the Cooperative Management Housing Insurance Fund established under section 213(k) of such Act ( 12 U.S.C. 1715e(k) ); and (4) the Rural Housing Insurance Fund established under title V of the Housing Act of 1949 (42 U.S.C. 1471), or the various accounts of such Fund. (b) Enforcement The Director may enforce compliance with the requirements under subsection (a) of this section with respect to a Fund by taking action under section 258(b) or by requiring submission of a capital restoration plan for such Fund meeting the requirements of section 258(d). 260. Authority to establish temporary capital ratios in cases of nationwide countercyclical market adjustment (a) Authority; determination The Director may suspend the applicability of the capital ratio under section 256(b) for the Mutual Mortgage Insurance Fund or any capital reserve requirement established pursuant to section 259 for any Fund specified under such section and establish a temporary alternative capital ratio with respect to such Fund for a specified period of time, but only upon a joint determination by the Director and the Chief Risk Officer that— (1) available credit throughout the United States or a significant portion of the United States for the purchase of the types of residences for which mortgages that obligations of such Fund are made has contracted significantly, as measured by the credit availability measure of the Office of the Comptroller of the Currency; (2) housing prices throughout the United States or a significant portion of the United States have declined significantly, as measured by the applicable housing price index of the Federal Housing Finance Agency; or (3) available credit for the purchase of housing or such other economic conditions exist sufficient to evidence a significant contraction of capital throughout the United States or a significant portion of the United States, as measured by a metric identified by the Director and the Chief Risk Officer in a written notice made publicly available, and provided to the Congress, in advance of such determination. (b) Conditions of termination Upon making a determination under subsection (a), the Director and the Chief Risk Officer shall also identify measurable criteria for determining that the conditions determined under subsection (a) have ceased to exist. (c) Notice to Congress Upon making a determination under subsection (a), the Director and the Chief Risk Officer shall provide written notice to the Congress of such determination and the specific measurable criteria identified pursuant to subsection (b). (d) Effect of temporary alternative capital ratio During any period that a temporary alternative capital ratio is in effect pursuant to subsection (a) with respect to any Fund— (1) in the case of a temporary capital ratio for the Mutual Mortgage Insurance Fund, subsections (a) and (c) of section 257 and section 258 shall not apply; (2) such temporary and alternative capital classifications as the Director shall establish shall be in effect with respect to such Fund; and (3) the Director shall require the FHA or the Secretary of Agriculture (as appropriate) to submit and carry out a capital restoration plan for such Fund meeting the requirements under section 258(d) and may take actions under section 258(b) with respect to such Fund only in accordance with such standards relating to such temporary and alternative capital classifications for such Fund as the Director shall establish. (e) Termination Any temporary alternative capital ratio established pursuant to subsection (a) shall terminate upon the earlier of— (1) the expiration of the 18-month period beginning upon the date that notification under subsection (c) is provided to the Congress of the determination under subsection (a); or (2) the occurrence of the conditions identified pursuant to subsection (b). (f) Multiple determinations Nothing in this section may be construed to prevent multiple or consecutive periods during which temporary alternative capital ratios are in effect pursuant to this section. 261. 7-year borrower suspension for foreclosure (a) FHA (1) In general Except as provided in paragraph (2), with respect to any mortgage on a 1- to 4-family residential property that is foreclosed upon, during the 7-year period beginning upon the date of such foreclosure, the FHA may not newly insure, under any provision of this title, the National Housing Act, or any FHA program, any other mortgage under which the mortgagor is the individual who was the mortgagor under the mortgage that was foreclosed upon. (2) Waiver The FHA shall provide, by regulation, for the FHA to waive the applicability of paragraph (1) with respect to a mortgagor in cases in which hardship circumstances materially contributed to the default and foreclosure of the mortgage. For purposes of this subsection, such hardship circumstances may include divorce, job or other income loss, health problems, death in the family, and such other situations as the FHA may prescribe. (b) Rural housing Section 505 of the Housing Act of 1949 ( 42 U.S.C. 1475 ) is amended by adding at the end the following new subsection: (c) 7-Year borrower suspension for foreclosure (1) In general Except as provided in paragraph (2), with respect to any mortgage on a 1- to 4-family residential property that is foreclosed upon, during the 7-year period beginning upon the date of such foreclosure, the Secretary may not newly make, insure, or guarantee, under any provision of this title, any other loan under which the borrower is individual who was the mortgagor under the mortgage that was foreclosed upon. (2) Waiver The Secretary shall provide, by regulation, for waiver of the applicability of paragraph (1) with respect to a borrower in cases in which hardship circumstances materially contributed to the default and foreclosure of the mortgage. For purposes of this subsection, such hardship circumstances may include divorce, job or other income loss, health problems, death in the family, and such other situations as the Secretary may prescribe. . (c) Regulations The FHA and the Secretary of Agriculture shall jointly issue regulations required under subsection (a) of this section and section 505(c) of the Housing Act of 1949, as added by subsection (b) of this section. 262. Borrower ineligibility upon second foreclosure (a) FHA If any individual is the mortgagor under any two mortgages on 1- to 4-family residential properties that have been foreclosed upon, the FHA may not newly insure, under any provision of this title, the National Housing Act, or any FHA program, any other mortgage under which such individual is the mortgagor. (b) Rural housing Section 505 of the Housing Act of 1949 ( 42 U.S.C. 1475 ), as amended by the preceding provisions of this title, is further amended by adding at the end the following new subsection: (d) Borrower ineligibility upon second foreclosure If any individual is the mortgagor under any two mortgages for 1- to 4-family residential properties that have been foreclosed upon, the Secretary may not newly make, insure, or guarantee, under any provision of this title, any other loan under which such individual is the borrower. . 263. Limitation on seller concessions (a) FHA The FHA may not newly insure, under any provision of this title, the National Housing Act, or any FHA program, any mortgage on a 1- to 4-family residential property with respect to which the seller of the property subject to such mortgage (or any third party or entity that is reimbursed directly or indirectly by the seller) contributes toward the acquisition of the property by the mortgagor any amount in excess of 3 percent of the total closing costs (as determined by the FHA) in connection with such acquisition. (b) Rural housing Section 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ), as amended by the preceding provisions of this title, is further amended by adding at the end the following new subsection: (n) Limitation on seller concessions The Secretary may not newly make, insure, or guarantee, under any provision of this title, any loan for a 1- to 4-family residential property with respect to which the seller of the property for which the loan is made (or any third party or entity that is reimbursed directly or indirectly by the seller) contributes toward the acquisition of the property by the borrower any amount in excess of 3 percent of the total closing costs (as determined by the Secretary) in connection with such acquisition. . 264. Lender repurchase requirement (a) Requirement The FHA may not newly insure, under any provision of this title, the National Housing Act, or any FHA program, any mortgage on a 1- to 4-family residential property unless the mortgagee under such mortgage enters into such binding agreements as the FHA considers necessary to ensure that, if the mortgagor is in default with respect to the mortgagor’s obligation to make payments under the mortgage for 60 or more consecutive days during the 24-month period beginning upon origination of the mortgage, the mortgagee will, upon notice by the FHA, repurchase such mortgage in an amount equal to the remaining principal obligation under the mortgage, as determined in accordance with guidelines issued by the FHA. (b) Effective date This section shall take effect upon the date of the enactment of this Act. 265. Indemnification by mortgagees (a) In general If the FHA determines that at or before the time of loan closing the mortgagee knew, or should have known based on the information then reasonably available to the mortgagee, of a serious and material violation of the requirements established by the FHA with respect to a mortgage executed after the date of the enactment of this Act by such mortgagee approved by the FHA under the direct endorsement program or insured by a mortgagee pursuant to the delegation of authority under section 256 of the National Housing Act ( 12 U.S.C. 1715z–21 ) such that the mortgage loan should not have been approved and endorsed for insurance, and the FHA pays an insurance claim with respect to the mortgage within a reasonable period specified by the FHA, the FHA may require the mortgagee approved by the FHA under the direct endorsement program or the mortgagee delegated authority under such section 256 to indemnify the FHA for the loss, or any portion thereof, if the violation was a materially contributing factor to the cause of the mortgage default. (b) Fraud or material misrepresentation If fraud or material misrepresentation was involved in connection with the origination or underwriting of a mortgage executed after enactment by the mortgagee and the FHA determines that at or before the time of loan closing such mortgagee knew or should have known, based on the information then reasonably available to such mortgagee, of the fraud or material misrepresentation such that the mortgage loan should not have been approved and endorsed for insurance, the FHA shall require the mortgagee approved by the FHA under the direct endorsement program or the mortgagee delegated authority under such section 256 to indemnify the FHA for the loss, or any portion thereof, if the fraud or material misrepresentation was a materially contributing factor to the cause of the mortgage default. (c) Appeals process The FHA shall, by regulation, establish an appeals process for mortgagees to appeal indemnification determinations made pursuant to subsection (a) or (b). (d) Requirements and procedures The FHA shall issue regulations establishing appropriate requirements and procedures governing the indemnification of the FHA by the mortgagee, including public reporting on— (1) the number of loans that— (A) were not originated or underwritten in accordance with the requirements established by the FHA; (B) involved fraud or material misrepresentation in connection with the origination or underwriting that was a material contributing factor to the cause of the mortgage default; and (C) the financial impact on the Mutual Mortgage Insurance Fund when indemnification is required. (e) Quality control and assurance (1) Manual The FHA shall, pursuant to its existing regulatory authority, issue and update annually a manual, handbook, or guide that collects all of the origination and underwriting requirements that a mortgagee must follow to make residential mortgage loans eligible for insurance by the FHA which shall— (A) provide clear and concise directions so that a mortgagee can reasonably know what is expected of it; (B) identify examples of specific serious and material violations that could be the basis for an indemnification demand under this section; (C) apply nationally and be interpreted by the FHA uniformly with respect to all mortgages endorsed for insurance; and (D) permit prospective changes with reasonable advance notice to mortgagees, which such changes must be incorporated into the following year’s revised version of the manual, handbook, or guide and may not provide for retroactive changes to mortgages previously endorsed for insurance. (2) Requirements The FHA shall— (A) make prompt initial determinations of a mortgagee’s potential liability for either indemnification under this section or other administrative remedies or sanctions that may be available under the National Housing Act or other applicable laws, based on either self-reports by the mortgagee or other findings by the FHA through its examination processes of potential serious and material violations of such origination and underwriting requirements established under paragraph (1) or other fraud and material misrepresentations; (B) promptly notify the mortgagee of such initial determination and afford the lender the opportunity to provide additional information and analysis before a final determination is made; and (C) not pursue indemnification under subsections (a) and (b) with respect to those mortgages reviewed under this subsection unless an initial determination of mortgagee liability is made and communicated to the mortgagee within six months of the FHA’s receipt of information that is reasonably sufficient to enable the FHA to determine initially that a serious and material violation or fraud or material misrepresentation may have occurred. (f) Effective date This section shall take effect on the date of the enactment of this Act. During the transition period under section 281, any reference in this section to the FHA shall be construed to refer to the Secretary to the extent the Secretary has not delegated authority under this section to the FHA pursuant to section 282(1). 266. Prohibitions relating to use of power of eminent domain (a) FHA (1) In general Notwithstanding any other provision of law, neither the Secretary nor the FHA may newly insure, under any provision of this title, the National Housing Act, or any FHA program, any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan which mortgage loan was obtained by the State during the preceding 120 months by exercise of the power of eminent domain. (2) Definitions For purposes of this paragraph, the following definitions shall apply: (A) Residential mortgage loan The term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. (B) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States, and includes any agency or political subdivision of a State. (b) Rural housing Section 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ), as amended by the preceding provisions of this title, is further amended by adding at the end the following new subsection: (o) Prohibition relating to use of power of eminent domain (1) In general Notwithstanding any other provision of law, the Secretary may not newly guarantee, make, or insure under this title any mortgage that is secured by a structure or dwelling unit that is located within a county that contains any structure or dwelling unit that secures or secured a residential mortgage loan which mortgage loan was obtained by the State during the preceding 120 months by exercise of the power of eminent domain. (2) Definitions For purposes of this subsection, the following definitions shall apply: (A) Residential mortgage loan The term residential mortgage loan means a mortgage loan that is evidenced by a promissory note and secured by a mortgage, deed of trust, or other security instrument on a residential structure or a dwelling unit in a residential structure. Such term includes a first mortgage or any subordinate mortgage. (B) State The term State has the meaning given such term in section 502(h)(12), and includes any agency or political subdivision of a State. . (c) Effective date This section and the amendment made by this section shall take effect upon the date of the enactment of this Act. 267. Residual income requirement (a) In general The FHA may not newly insure, under any provision of this title, the National Housing Act, or any FHA program, any mortgage on a 1- to 4-family residential property unless the mortgagor under such mortgage meets such requirements as the FHA shall, by regulation, establish to ensure that the mortgagor has sufficient residual income. (b) Residual income For purposes of this section, the term residual income means, with respect to a mortgagor, the net monthly income of the mortgagor, as provided by regulation by the FHA, after taking into consideration— (1) any assets of the mortgagor other than the property subject to such mortgage; and (2) any monthly obligations of the mortgagor with respect to mortgage payments, insurance payment, and taxes for the property subject to the mortgage, income and other taxes, maintenance, and utility expenses for the property, child care expenses, auto, consumer, and any other debt obligations, alimony and child support expenses, and such other expenses as the FHA may provide. (c) Effective date This section and the amendment made by this section shall take effect upon the date of the enactment of this Act. 268. Effective date This subtitle and the amendments made by this subtitle (except for sections 264, 265, 266, and 267, and any amendments made by such sections) shall take effect upon the expiration of the transition period under section 281. D Transition 281. Transition period (a) In General For purposes of this subtitle, the term transition period means the period that— (1) begins on the date of the enactment of this Act; and (2) ends upon the earlier of— (A) the date that the Director publishes notice in the Federal Register that the Director has determined that all of the requirements under subsection (b) have been completed; or (B) the expiration of the 5-year period beginning on the date of the enactment of this Act. (b) Requirements for Ending Transition Period The requirements under this subsection are the following: (1) Approval of initial annual budget and business plan The FHA has submitted to the Director of the Federal Housing Finance Agency an initial annual budget and business plan and the Director has approved the budget and plan. (2) Determination of corporate capacity The Director of the Office of Management and Budget has determined, and notified the Director, that the staff, systems, and administrative infrastructure of the FHA are sufficient to permit the FHA to fully conduct the operation of its business. 282. Authority during transition period During the transition period the FHA may— (1) carry out any power or responsibility of the Secretary relating to mortgage insurance programs under the National Housing Act that the Secretary delegates to the FHA, using the staff, systems, and administrative infrastructure that the FHA engages or acquires during the transition period, or the personnel and other resources of the Secretary; (2) incur any obligation consistent with— (A) the carrying out of a power or responsibility delegated under paragraph (1); or (B) the acquisition, engagement, or development of staff, systems (including technology to enhance the ability of the FHA to engage in the business authorized by the title), and administrative structure; and (3) engage in any activity or undertake any responsibility (not including entering into, or making any commitment to enter into, any contract of insurance under this title) that the FHA determines to be consistent with the establishment of the FHA. 283. Advisory Board (a) Establishment The Secretary of Housing and Urban Development shall establish an advisory board to provide advice to the Board of Directors of the FHA regarding establishing and organizing the FHA and creating the business plan, premium structure, and product lines of the FHA. (b) Functions In carrying out its responsibilities under subsection (a) the advisory board may— (1) obtain guidance from participants in the mortgage markets to be served by the FHA; (2) assess the housing and mortgage credit needs; (3) obtain information concerning single family housing finance markets to assess how the FHA can complement the roles of public and private participants in such markets; and (4) consult with the relevant Federal agencies generally regarding how the FHA can improve the delivery of single family housing credit enhancement to families, communities, and hard-to-serve markets. (c) Membership The advisory board shall consist of— (1) the Assistant Secretary of Housing and Urban Development who is the Federal Housing Commissioner; (2) the Administrator of the Rural Housing Service of the Department of Agriculture; (3) not less than 5 individuals appointed by the Secretary who are representatives of the mortgage finance industry; and (4) not less than 2 individuals who have expertise in affordable housing serving low- and moderate-income populations. Members of the advisory board shall serve at the pleasure of the Secretary. (d) Termination The advisory board shall terminate upon the expiration of the transition period under section 281. 284. Transfer of HUD authority (a) Transfer Except as provided in subsections (c) and (d), effective upon the expiration of the transition period, the functions of, authority provided to, and the responsibilities of the Secretary of Housing and Urban Development and the Department of Housing and Urban Development under the following provisions of law are transferred to the FHA: (1) Titles II and V of the National Housing Act ( 12 U.S.C. 1707 et seq. , 1735a et seq.). (2) Section 3 of Public Law 99–289 ( 12 U.S.C. 1721 note; relating to estimates of use of insuring authority), except that this paragraph shall not terminate or transfer any authority of the Secretary under such section relating to section 306(g) of the National Housing Act ( 12 U.S.C. 1721(g) ). (3) Section 801 of the Housing Act of 1954 ( 12 U.S.C. 1701j–1 ; relating to builders warranties). (4) Section 424 of the Housing and Community Development Act of 1987 (12 U.S.C. 1715z–1c; relating to residential water treatment). (5) Section 328 of the Cranston-Gonzalez National Affordable Housing Act ( 12 U.S.C. 1713 note; relating to delegation of processing). (6) Section 106 of the Energy Policy Act of 1992 ( 12 U.S.C. 1701z–16 ; relating to energy efficient mortgages pilot program). (7) Section 542 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–22 ; relating to multifamily mortgage credit programs). (8) Section 103(h) of the Multifamily Housing Property Disposition Reform Act of 1994 (12 U.S.C. 1715z–1a note; relating to alternative uses of multifamily projects to prevent default). (b) Repeal of Assignment Provisions Effective upon the date of the enactment of this Act, section 204(a)(1)(B) of the National Housing Act ( 12 U.S.C. 1710(a) ) is amended by striking the last sentence. (c) Applicability The repeals under subsections (a) and (b) shall not affect any legally binding obligations entered into pursuant to the provisions repealed before the applicable effective date under such subsections. Any mortgage insurance, funds, or activities subject, before repeal, to a provision of law repealed by such subsections shall continue to be governed by the provision as it existed immediately before repeal, except that the FHA may exercise any authority under such provision otherwise transferred to the FHA by this title. (d) References After the expiration of the transition period, any reference in Federal law to the Secretary of Housing and Urban Development, in connection with any function of the Secretary transferred under subsection (a) or any other provision of this subtitle, shall be deemed to be a reference to the FHA. 285. Wind-up of HUD affairs (a) Abolishment of positions Effective upon the expiration of the transition period, any offices of the Department of Housing and Urban Development responsible for functions transferred pursuant to section 284(a), to the extent of such functions, and the position of the Federal Housing Commissioner in the Department of Housing and Urban Development, are abolished. (b) Disposition of Affairs During the transition period, the Secretary, solely for the purpose of winding up the affairs of the Department relating to the functions transferred under section 284— (1) shall manage the employees of the Department responsible for such functions and provide for the payment of the compensation and benefits of any such employee which accrue before the effective date of the transfer of such employee under section 287; and (2) may take any other action necessary for the purpose of winding up the affairs of the Department relating to such functions. (c) Status of Employees Before Transfer The provisions of and amendments made by this title and the abolishments under subsection (a) of this section may not be construed to affect the status of any employee of the Department as an employee of an agency of the United States for purposes of any other provision of law before the effective date of the transfer of any such employee under section 287. (d) Use of Property and Services (1) Property The FHA may use the property of the Department of Housing and Urban Development to perform functions which have been transferred to the FHA for such time as is reasonable to facilitate the orderly transfer of functions transferred under any other provision of this title or any amendment made by this title to any other provision of law. (2) Agency services Any agency, department, or other instrumentality of the United States, and any successor to any such agency, department, or instrumentality, which was providing supporting services to the Department of Housing and Urban Development before the expiration of the transition period under subsection (a) in connection with functions that are transferred under section 284 to the FHA shall— (A) continue to provide such services, on a reimbursable basis, until the transfer of such functions is complete; and (B) consult with the FHA to coordinate and facilitate a prompt and reasonable transition. (e) Continuation of Services The FHA may use the services of employees and other personnel of the Department of Housing and Urban Development relating to the functions transferred under section 284, on a reimbursable basis, to perform functions which have been transferred to the FHA for such time as is reasonable to facilitate the orderly transfer of functions pursuant to any other provision of this title or any amendment made by this title to any other provision of law. (f) Savings Provisions (1) Existing rights, duties, and obligations not affected Subsection (a) shall not affect the validity of any right, duty, or obligation of the United States, the Secretary of Housing and Urban Development, or any other person, which— (A) arises under— (i) the National Housing Act; or (ii) any other provision of law applicable with respect to the functions of the Department of Housing and Urban Development transferred under section 284; and (B) existed on the day before the date of abolishment under subsection (a). (2) Continuation of suits No action or other proceeding commenced by or against the Secretary of Housing and Urban Development in connection with functions transferred to the FHA under section 284 shall abate by reason of the enactment of this title, except that the FHA shall be substituted for the Secretary as a party to any such action or proceeding. 286. Continuation and coordination of certain actions (a) In general All regulations, orders, and determinations described in subsection (b) shall remain in effect according to the terms of such regulations, orders, and determinations, and shall be enforceable by or against the FHA, until modified, terminated, set aside, or superseded in accordance with applicable law by the FHA, as the case may be, any court of competent jurisdiction, or operation of law. (b) Applicability A regulation, order, or determination is described in this subsection if it— (1) was issued, made, prescribed, or allowed to become effective by— (A) the Secretary of Housing and Urban Development and relates to a function of the Secretary transferred under section 284; or (B) a court of competent jurisdiction, and relates to functions transferred under section 284; and (2) is in effect upon the expiration of the transition period. 287. Transfer and rights of HUD employees (a) Transfer Each employee of the Department of Housing and Urban Development who performs functions transferred under section 284 shall be transferred to the FHA for employment, not later than the date of the expiration of the transition period, and such transfer shall be deemed a transfer of function for purposes of section 3503 of title 5, United States Code. (b) Guaranteed Positions (1) In general Each employee transferred under subsection (a) shall be guaranteed a position with the same status, tenure, grade, and pay as the position held by such employee on the day immediately preceding the transfer. (2) No involuntary separation or reduction An employee transferred under subsection (a) holding a permanent position on the day immediately preceding the transfer may not be involuntarily separated or reduced in grade or compensation during the 12-month period beginning on the date of transfer, except for cause, or, in the case of a temporary employee, separated in accordance with the terms of the appointment of the employee. (c) Appointment Authority for Excepted and Senior Executive Service Employees (1) In general In the case of an employee occupying a position in the excepted service or the Senior Executive Service, any appointment authority established under law or by regulations of the Office of Personnel Management for filling such position shall be transferred, subject to paragraph (2). (2) Decline of transfer The FHA may decline a transfer of authority under paragraph (1) to the extent that such authority relates to— (A) a position excepted from the competitive service because of its confidential, policymaking, policy-determining, or policy-advocating character; or (B) a noncareer position in the Senior Executive Service (within the meaning of section 3132(a)(7) of title 5, United States Code). (d) Reorganization If the FHA determines, after the end of the 1-year period beginning on the expiration of the transition period, that a reorganization of the combined workforce is required, that reorganization shall be deemed a major reorganization for purposes of affording affected employee retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code. (e) Employee benefit programs (1) In general Any employee of the Department of Housing and Urban Development accepting employment with the FHA as a result of a transfer under subsection (a) may retain, for 12 months after the date on which such transfer occurs, membership in any employee benefit program of the FHA or the Department of Housing and Urban Development, as applicable, including insurance, to which such employee belongs on the date of the expiration of the transition period, if— (A) the employee does not elect to give up the benefit or membership in the program; and (B) the benefit or program is continued by the FHA. (2) Cost differential (A) In general The difference in the costs between the benefits which would have been provided by the Department of Housing and Urban Development and those provided by this section shall be paid by the FHA. (B) Health insurance -If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by the FHA, the employee shall be permitted to select an alternate Federal health insurance program not later than 30 days after the date of such election or notice, without regard to any other regularly scheduled open season. 288. Transfer of property and facilities Upon the expiration of the transition period, all property of the Department of Housing and Urban Development relating to the functions transferred under section 284 shall transfer to the FHA. 289. Effective date This subtitle shall take effect on the date of the enactment of this Act. E Related amendments and provisions 291. GNMA authority Title III of the National Housing Act is amended— (1) in section 301(5) ( 12 U.S.C. 1716(5) ), by inserting after federally owned mortgage portfolios the following: (including any owned by the Federal Housing Administration) ; (2) in section 302 (12 U.S.C. 1717)— (A) in subsection (b)(1), by inserting , the FHA Reform and Modernization Act of 2013 , after National Housing Act each place such term appears; and (B) in subsection (c)(2), by inserting after subparagraph (F) the following new subparagraph: (G) The Federal Housing Administration. ; and (3) in section 306(g) ( 12 U.S.C. 1721(g) )— (A) in the clause (ii) of the first sentence of paragraph (1), by inserting or the FHA Reform and Modernization Act of 2013 before , or which are insured ; and (B) in paragraph (3)(A), by inserting under the FHA Reform and Modernization Act of 2013 or are insured after Federal Housing Administration . 292. Repeal of certain FHA programs (a) Repeals Effective upon the expiration of the 2-year period that begins upon the date of the enactment of this Act, the following sections are repealed: (1) Home equity conversion mortgage program Section 255 of the National Housing Act (12 U.S.C. 1715z–20). (2) Mortgage insurance for hospitals Section 242 ( 12 U.S.C. 1715z–7 ). (b) Conforming amendments (1) The penultimate sentence of section 212(a) ( 12 U.S.C. 1715c(a) ) is amended by inserting after section 242 each place such term appears the following: (as such section was in effect immediately before the effective date under section 292(a) of the FHA Reform and Modernization Act of 2013 ) . (2) Section 223 (12 U.S.C. 1715n) is amended— (A) in subsection (a)(7), in the matter preceding subparagraph (A), by inserting before the first comma the following: but not including a mortgage insured under section 242 (as such section was in effect immediately before the effective date under section 292(a) of the FHA Reform and Modernization Act of 2013 ) ; (B) in subsection (d)(2)(A)— (i) in clause (i) by striking and at the end; and (ii) by inserting before the semicolon at the end the following: and (iii) shall not be insured under section 242 (as such section was in effect immediately before the effective date under section 292(a) of the FHA Reform and Modernization Act of 2013 ) ; and (C) in subsection (f)— (i) in paragraph (1)— (I) by striking existing hospital (or ; and (II) by striking thereof) and inserting thereof ; and (ii) in paragraph (4)— (I) in the matter preceding subparagraph (A), by striking existing hospital (or ; (II) in the matter preceding subparagraph (A), by striking thereof) and inserting thereof, ; (III) in subparagraphs (A), (B), and (C)— (aa) by striking existing hospital (or each place such term appears; and (bb) by striking thereof) each place such term appears and inserting thereof ; and (IV) in subparagraph (D), by striking or of section 242 (for the existing hospital proposed to be refinanced) . (3) Section 541(a) (12 U.S.C. 1735f–19(a)) is amended by inserting after section 242 of this Act the following: , as such section was in effect immediately before the effective date under section 292(a) of the FHA Reform and Modernization Act of 2013 . (c) Savings Provisions (1) Effect of repeals The repeals under subsection (a) shall not affect any legally binding obligations entered before the effective date of such repeals. (2) Insurance authority Notwithstanding the repeals under subsection (a), the Secretary (or the FHA, pursuant to subtitle D of this title) may insure any mortgage for which a commitment to insure under section 242 or 255 of the National Housing Act was made before the expiration of the period referred to in subsection (a). Any such mortgage insured under such section 242 or 255 shall be subject to the terms of such section as in effect immediately before the expiration of such period. (3) Savings provision Any funds or activities subject, before the effective date of the repeals under subsection (a) of this section, to section 242 or 255 of the National Housing Act shall continue to be governed by such sections as in effect immediately before such effective date. 293. Conforming amendments (a) Penalties for equity skimming Paragraph (1) of section 912 of the Housing and Urban Development Act of 1970 (12 U.S.C. 1709–2(1)) is amended by inserting or Federal Housing Administration after Housing and Urban Development . (b) Fraudulently misappropriated mortgage proceeds Section 819 of the Housing and Community Development Act of 1974 ( 12 U.S.C. 1701l–1 ) is amended— (1) by inserting or the Federal Housing Administration after Secretary of Housing and Urban Development ; and (2) by inserting or such Administration, as appropriate, before has reason . (c) Unauthorized use of multifamily housing assets and income Section 421 of the Housing and Community Development Act of 1987 ( 12 U.S.C. 1715z–4a ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting or the FHA, as applicable, after Secretary’) ; (ii) by inserting or by the FHA pursuant to the FHA Reform and Modernization Act of 2013 after National Housing Act ; and (iii) in the last sentence, by inserting or the FHA after Secretary each place such term appears; (B) in paragraph (2), by inserting or the FHA Reform and Modernization Act of 2013 before the first comma; and (2) in subsections (b) through (e)— (A) by inserting or the FHA, as applicable, after Secretary, each place such term appears; and (B) by inserting or the FHA, as applicable, after Secretary each place such term appears (except the penultimate occurrence in subsection (c)). (d) Single family mortgage foreclosure The Single Family Mortgage Foreclosure Act of 1994 ( 12 U.S.C. 3751 et seq. ) is amended— (1) in section 802(b)(1) (12 U.S.C. 3751(b)(1)), by inserting or by the FHA pursuant to the FHA Reform and Modernization Act of 2013 before the semicolon; (2) in section 803(10)(A) (12 U.S.C. 3752(10)(A))— (A) in subparagraph (A), by striking or at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following new subparagraph: (B) is held by the FHA pursuant to the FHA Reform and Modernization Act of 2013 ; or ; and (3) by adding at the end the following new section: 820. Authority of FHA After the expiration of the transition period under section 281 of the FHA Reform and Modernization Act of 2013 , any reference in sections 804 through 819 of this Act to the Secretary shall be considered to also refer to the FHA (as established pursuant to subtitle A of such Act), but only with respect to single family mortgages described in section 803(10)(B). . (e) Multifamily mortgage foreclosure The Multifamily Mortgage Foreclosure Act of 1981 ( 12 U.S.C. 3701 et seq. ) is amended— (1) in section 363(2) ( 12 U.S.C. 3702(2) ), by adding after and below subparagraph (E) the following: Such term includes a mortgage on a property consisting of 5 or more dwelling units that is held by the FHA pursuant to the FHA Reform and Modernization Act of 2013 . . (2) by adding at the end the following new section: 369J. Authority of FHA After the expiration of the transition period under section 281 of the FHA Reform and Modernization Act of 2013 , any reference in sections 364 through 369I of this Act to the Secretary shall be considered to also refer to the FHA (as established pursuant to subtitle A of such Act), but only with respect to multifamily mortgages described in the last sentence of section 363(2). . 294. Rule of construction Notwithstanding any other evidence of the intent of the Congress, it is hereby declared to be the intent of Congress that the provisions of this title shall be construed broadly to achieve the purposes of the title, and the provisions of any other Act that must be construed with any provision of this title shall similarly be construed to achieve the purposes of this title to the extent reasonably possible. This section shall take effect on the date of the enactment of this Act. 295. Effective date The amendments made by this subtitle shall be made, and shall apply beginning on, the expiration of the transition period under section 281. III Building a New Market Structure A National Mortgage Market Utility 301. Short title This subtitle may be cited as the National Mortgage Market Utility Act of 2013 . 302. Findings and purposes (a) Findings The Congress finds that— (1) the liquidity and efficiency of the national housing finance market is enhanced by a robust secondary market for residential mortgage loans, including securities backed by residential mortgage loans; (2) the financial crisis that began in 2007 revealed weaknesses in the market infrastructure related to residential mortgage-backed securities, including— (A) weaknesses in standards— (i) for underwriting and servicing residential mortgage loans that may be collateral for mortgage-backed securities; and (ii) for issuers and trustees of such securities; (B) weaknesses in the manner of recording and registering ownership and security interests in residential mortgage loans that backed pools of securities; and (C) weaknesses in the availability of information to assess performance of pools; (3) weaknesses revealed in the financial crisis created uncertainty and impeded timely and successful resolution of troubled residential mortgage loans, and have impeded the return of private capital to the market for securities backed by residential mortgage loans in the absence of a Federal guarantee of timely payment of principal and interest to investors; and (4) improved standards and information availability and a national system for registering mortgage-related documents, including notes, mortgages and deeds of trust, and ownership and security interests established therein, with standard procedures for demonstrating the right to act with regard to such notes or other registered data, would assist in addressing these weaknesses. (b) Purposes The purposes of the national mortgage market utility created by this title are— (1) to enhance efficiency, liquidity, and security in the secondary market for residential mortgages, including mortgage-backed securities; (2) to establish standards related to originating and servicing eligible collateral and for issuers and trustees of qualified securities, which would be exempt from the Securities Act of 1933; (3) to improve uniformity, quality and accessibility of information related to the performance of residential mortgage loans; (4) to operate a common securitization platform that could be available to issuers of residential mortgage-backed securities; (5) to foster the use and uniformity of electronic methods for the creation, authentication, transmission, storage, and availability of materials relating to mortgages; (6) to provide a central repository for notes, mortgages, and other mortgage-related information, and address problems that can arise when paper notes cannot be produced, due to loss or destruction as a result of natural disaster or other causes; and (7) to provide a uniform procedure for demonstrating the right to act with regard to such notes or other registered data for all actions in any State or Federal proceeding, judicial or nonjudicial, involving such notes or other data. 303. Definitions For purposes of this subtitle, the following definitions shall apply: (1) Affiliate With respect to the Utility, the term affiliate means any entity that controls, is controlled by, or is under common control with, the Utility. (2) Agency The term Agency means the Federal Housing Finance Agency. (3) Depositor The term depositor means— (A) any person authorized to submit documents or data for registration with the Repository; and (B) any person qualified pursuant to section 331 (relating to organization and operation of the Repository) to inform the Repository of— (i) newly identified interest holders, whether through creation, assignment, or transfer; or (ii) changes to interests of existing holders, including through modification, amendment, or restatement of, or discharge related to, any registered mortgage-related document. (4) Director The term Director means the Director of the Federal Housing Finance Agency. (5) Eligible collateral The term eligible collateral means a residential mortgage loan that meets any standard for mortgage classification established pursuant to section 322 (relating to standards for qualified securities). (6) Enterprise The term enterprise means— (A) the Federal National Mortgage Association and any affiliate thereof, and (B) the Federal Home Loan Mortgage Corporation and any affiliate thereof. (7) Mortgage-related document The term mortgage-related document means any document or other information or data related to the use of residential real estate as security for a loan, including documents establishing an obligation to repay a loan secured by residential real estate, establishing a security interest in real estate, establishing the value of the real estate at the time the security interest is created, and insuring clear title to residential real estate pledged as security, or as the Director by regulation may define. Such documents may include electronic documents. (8) Organizer The term organizer means the person or entity that establishes the Utility. (9) Participant The term participant means any person authorized to use data maintained or created by the Repository that is not otherwise available to the public. (10) Platform The term Platform means the securitization infrastructure announced by the Federal Housing Finance Agency on October 4, 2012, and as developed by an enterprise or the enterprises in conservatorship, under authority of the Federal Housing Finance Agency pursuant to the Federal Housing Enterprises Financial Safety and Soundness Act of 1992. (11) Repository The term Repository means the national mortgage data repository organized under section 331. (12) Utility The term Utility means the national mortgage market utility established under section 311. (13) Utility-affiliated party The term utility-affiliated party means— (A) any director, officer, employee or controlling stockholder of, or agent for, the Utility; (B) any shareholder, affiliate, consultant, or joint venture partner of the Utility, and any other person, as determined by the Director (by regulation or on a case-by-case basis) that participates in the conduct of the affairs of the Utility; (C) any independent contractor of the Utility (including any attorney, appraiser or accountant) if— (i) the independent contractor knowingly or recklessly participates in any violation of law or regulation, any breach of fiduciary duty or any unsafe or unsound practice; and (ii) such violation, breach or practice caused, or is likely to cause, more than a minimal financial loss to, or a significant adverse effect on, the Utility. 1 Establishment and authority of the Utility 311. Establishment (a) Authority of Director Under such regulations as the Director may prescribe, the Director shall provide for the organization, incorporation, examination, operation, and regulation of a national mortgage market utility ( Utility ), and issuance of a charter for such Utility. The Utility shall be organized, operated, and managed as a not-for-profit entity. (b) Formation of Utility; application (1) Formation Subject to the terms of this subtitle and any regulations issued by the Director, a person or entity may file an application with the Director to establish the Utility. The Utility may be chartered as a corporation, mutual association, partnership, limited liability corporation, cooperative, or any other organizational form that the applicant may deem appropriate. (2) Contents of application An application for establishment of the Utility shall include— (A) the proposed articles of association; (B) a statement of the general object and purpose of the Utility, consistent with the provisions of this subtitle; (C) the proposed capitalization and business plan for the Utility; (D) the proposed State whose law would govern, by election of the applicant, the operation of the Utility to the extent not otherwise covered by this subtitle; (E) information on the financial resources of the applicant; (F) a statement of the relevant housing finance experience of the applicant; (G) identification of the proposed senior managers of the Utility, and the relevant experience of such individuals; and (H) any other information the Director determines to be necessary to evaluate the background, experience, and integrity of the applicant and the proposed senior managers, or information otherwise relevant to determine the likely success of the proposed Utility. (c) Issuance of charter and chartering criteria (1) Charter Not later than the end of the 2-year period following the date of the enactment of this Act, the Director shall issue a charter for the Utility to the applicant that the Director determines, in the Director’s sole discretion, has the managerial, financial, and operational resources to succeed, consistent with the purposes of this subtitle. At the discretion of the Director, the charter may require the Utility to obtain specific approval from the Director before commencing any business operation, including operations related to the Platform or the Repository, which approval shall be provided when the Director determines, in the Director’s sole discretion, that the Utility demonstrates appropriate operational, managerial, and governance capability with regard to such operation, including successful completion of testing and transition periods. (2) Chartering criteria In making a determination under paragraph (1), the Director shall consider the competence, experience, and integrity of the applicant and proposed senior managers of the Utility, and the financial and operational resources and future prospects of the Utility. The Director may not issue a charter if the applicant fails to— (A) comply with all applicable formation requirements; (B) provide all information requested by the Director; (C) demonstrate the competence, experience, and integrity necessary to operate the Utility in a safe and sound manner; (D) demonstrate sufficient financial resources necessary to operate the Utility in a safe and sound manner; (E) provide the Director with assurances that it will operate and maintain the Platform in an open-access manner that does not discriminate against eligible loan originators, aggregators, or qualified issuers; or (F) provide the Director with assurances that the Utility will make available to the Director, on an on-going basis, such information on the operation and activities of the Utility, or any affiliate of the Utility, that the Director deems necessary to ensure the safe and sound operation of the Utility and to enforce compliance with this subtitle. (3) Explanation For Denial Within 30 days of denying any application for the issuance of a charter under this section, the Director shall provide the applicant with a written explanation of the basis for the denial. (d) Authority To Suspend (1) In general The authority of the Director shall include the authority to suspend the charter of the Utility, if the Director determines, in the Director’s discretion, that— (A) the organizers have failed to make adequate progress in establishing the Utility or any business operation; (B) the organizers engaged in waste of appropriated funds made available for establishment of the Repository; or (C) such suspension is necessary for any other reason related to safe and sound operation of the Utility. (2) Rulemaking The Director shall issue regulations to address suspension of the charter, including a process for remediation. (e) Status (1) Not a Federal Government instrumentality The Utility is not, and shall not be deemed to be, a department, agency, or instrumentality of the United States Government and shall not be subject to title 5 or 31 of the United States Code. (2) Supervision Notwithstanding any other provision of law, the Utility shall be subject to the exclusive supervision and regulation by the Agency, and shall not be subject to supervision or regulation by any other Federal department or agency or by any State. The Utility is authorized to conduct its business without regard to any qualification or similar statute in any State. (3) Exemption from taxation The Utility shall be exempt from all taxation imposed by the United States, any territory, dependency, or possession of the United States or any State, county, municipality, or local taxing authority, except that any real property of the Repository shall be subject to State, territorial, county, municipal, or local taxation to the same extent according to its value as other real property. (f) Directors The Utility shall be governed by a board of directors, which shall consist of a number of directors determined by the Director to meet the needs of the Utility, of which— (1) not less than two members shall be from larger financial institutions; (2) not less than two members shall be from smaller financial institutions; (3) not less than two members shall have expertise in residential mortgage securitizations, (4) not less than two members shall have expertise in legal and electronic documentation and systems; and (5) such other members as the Director may provide, who shall have such qualifications as the Director may establish in the charter or by regulation to meet the requirements for independence and any provisions of applicable State law. (g) Reports to Congress Commencing with the first annual report of the Director following the date of the enactment of this Act, the annual report of the Director under section 1319B of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4521 ) shall include a description of the Agency’s activities with regard to organization, incorporation, examination, operation, and regulation of the Utility. 312. General powers; authorized and prohibited activities (a) General Powers The Utility may— (1) adopt and use a corporate seal; (2) determine a State whose law will govern the corporate business activities of the Utility; (3) adopt, amend, and repeal by-laws; (4) sue or be sued, subject to section 334 (relating to judicial review); (5) make contracts, incur liabilities, borrow money, and issue notes, bonds, or other obligations; (6) purchase, receive, hold, and use real and personal property and other assets necessary for the conduct of its operations; (7) elect or appoint directors, officers, employees and agents, subject to section 311(f); and (8) upon receipt of the Director’s prior written approval, establish subsidiaries or affiliates that shall be subject to the same rights, duties and responsibilities as the Utility. (b) Authorized activities In addition to the general powers under subsection (a), the Utility shall— (1) develop standards related to originating, servicing, pooling, and securitizing residential mortgage loans in accordance with part 2; (2) operate and maintain the Platform and establish fees for use of the Platform; (3) establish the Repository and establish fees for registration of mortgage-related documents and maintenance and use of data of the Repository, in accordance with part 3; (4) perform any other service or engage in any other activity that the Director determines, by regulation or order, to be incidental to the activities enumerated in this subsection; and (5) establish fees for the provision of other related or incidental services not inconsistent with the purposes of this subtitle. (c) Prohibited activities The Utility shall not— (1) originate, service, insure, or guarantee any residential mortgage or other financial instrument that is associated with a residential mortgage; (2) guarantee timely payment of principal or interest on any mortgage-related security; (3) adopt access rules or fees for the Platform the effect of which is to discriminate against eligible loan originators, aggregators, or qualified issuers based on size, composition, business line, or loan volume; or (4) perform any service or engage in any activity other than those authorized under this subtitle, unless such activity has been determined by the Director to be incidental to an authorized activity. 313. Transfer of ownership of Platform (a) Valuation Not later than the end of the 6-month period beginning on the date of the enactment of this Act, the Director shall determine a method for recovering the cost to each enterprise of developing the Platform, in consultation with Treasury, and agree on a valuation of the Platform upon transfer to the Utility. (b) Transfer Not later than the end of the 1-year period beginning on the date of the issuance of the charter of the Utility by the Director, the Director shall oversee the transfer to the Utility of ownership of the Platform. At the time of such transfer, the value of the Platform as established in accordance with subsection (a) shall be deemed transferred to the Utility, and shall be repaid to the Treasury of the United States by the Utility within 10 years after such transfer. (c) Availability to Director After transfer of the Platform to the Utility, to the extent feasible the Platform shall be made available to the Agency on terms and conditions applicable to other users, to assist with managing the wind-down of any enterprise for which the Agency has been appointed conservator or receiver pursuant to section 1367 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617 ). 314. Funding (a) Initial funding There is authorized to be appropriated $150,000,000 for the establishment and initial oversight, regulation, and supervision of the Utility and its operation. (b) Repayment of Initial Funding The Utility shall repay to the Treasury of the United States the amount of the initial funding provided in subsection (a) within the 10-year period beginning on the date that the Utility is chartered. (c) Ongoing funding (1) Collection of Fees After establishment, all expenses of the Utility shall be paid for by fees collected based on services provided by and operations of the Utility. (2) Establishment of fee schedule The Utility shall— (A) establish, subject to the approval of the Director, a fee schedule and may differentiate fees based on classes or types of services, operations, and users of services or operations, and such differentiation shall not be deemed discriminatory; and (B) review and publish the fee schedule not less frequently than annually, but may review, revise, and publish the schedule more frequently than annually. 315. Regulation, supervision, and enforcement (a) General oversight The Director shall exercise, by rule, order, or guidance, oversight of the Utility, which shall include the authority to regulate, supervise, and examine the Utility and take enforcement actions against the Utility or any Utility-affiliated party, consistent with the provisions of the Federal Housing Enterprise Financial Safety and Soundness Act of 1992. (b) Scope of Authority The authority of the Director under this section shall include the authority to exercise such incidental powers as may be necessary or appropriate to fulfill the duties and responsibilities of the Director in the oversight, supervision, and regulation of the Utility. (c) Division of Utility regulation The Director shall establish within the Agency a Division of Utility Regulation, which shall— (1) be headed by a Deputy Director designated by the Director from among individuals who are citizens of the United States who have a demonstrated understanding of financial management or oversight and of mortgage securities markets and housing finance; and (2) as requested by the Director, conduct examination and supervision activities, gather any information attendant to such activities, and provide recommendations to the Director regarding the safe and sound operation of the Utility and regarding any requests to revise, alter, or amend existing or proposed activities. (d) Consultation with Other Agencies In exercising authority to regulate and supervise the Utility, the Director shall consult with other Federal departments and agencies that regulate or supervise entities, institutions, or companies that are or may become subject to standards, rules, processes, or procedures developed by the Utility (including issuers through the Platform and depositors or participants in the Repository), including the Bureau of Consumer Financial Protection and any appropriate Federal banking agency (as defined under section 3 of the Federal Deposit Insurance Act). (e) Annual Assessment The Director shall establish and collect from the Utility an annual assessment in an amount not exceeding the amount sufficient to provide for reasonable costs (including administrative costs) and expenses of the Agency related to its oversight of the Utility. The amounts received by the Director from assessments under this section shall not be construed to be Government or public funds or appropriated money. Notwithstanding any other provision of law, the amounts received by the Director from assessments under this section shall not be subject to apportionment for the purpose of chapter 15 of title 31, United States Code, or under any other authority. 316. Civil and criminal liability (a) Use of names (1) In general Except as expressly authorized by statute of the United States, no person or organization (except the Repository, Utility, and Platform) shall use the term National Mortgage Market Utility , Common Securitization Platform , or National Mortgage Data Repository , or such other name as the Director may establish in the charter of the Utility or any combination of words that appears to indicate that such use of the term conflicts with the operation of the Utility or any function created herein. No individual or organization shall use or display— (A) any sign, device, or insignia prescribed or approved by the Utility for use of display by the Utility; (B) any copy, reproduction or colorable imitation of any such sign, device, or insignia; or (C) any sign, device or insignia reasonably calculated to convey the impression that it is a sign, device or insignia used by the Utility or prescribed by the Utility contrary to policies or procedures of the Utility prohibiting, limiting or restricting such use by any individual or organization. (2) Relief The Agency or Utility may seek to enjoin or recover damages for any breach of this section and refer to the Attorney General any matters that may constitute criminal activity for a breach of this section. (b) Exclusive operation of the Repository Except as expressly authorized by statute of the United States, no person or organization (except the Utility) shall operate a national registry or repository of mortgage-related documents. Any State of the United States may operate a State registry or repository system, subject to the laws of that State, provided that any such State registry or repository system does not conflict with the Repository or the purposes of this subtitle. (c) Actions for breach In any action for breach of contract, including breach of representation or warranty, or breach of privacy related to data collected and maintained by the Repository, no prevailing party may recover more than an amount established by the Director, by regulation. When issuing any such regulation, the Director shall take into consideration intentional, willful, reckless, or negligent actions or omissions. Such regulations shall be reviewed not less frequently than annually, and may be revised in the Director’s discretion. 2 Standards for qualified securities 321. Qualified securities For purposes of this subtitle, the term qualified security means a security that— (1) is collateralized by a class, or multiple classes, of residential mortgages established under section 322(a); (2) is issued in accordance with a standard form securitization agreement under section 322(b); (3) is issued by a qualified issuer in accordance with section 322(g); (4) is issued through the Platform; and (5) is not guaranteed, in whole or in part, by the United States Government. 322. Standards for qualified securities (a) Standard mortgage classifications (1) Establishment of mortgage classifications The Utility shall prescribe classifications for residential mortgages having various degrees of credit risk, ranging from a classification of mortgages having little to no credit risk to a classification of mortgages having higher credit risk. In prescribing such classifications the Utility shall seek to allow for the pricing of credit risk, allow for the trading of securities collateralized by each classification of mortgages established pursuant to this subsection in the forward market, and maintain well-functioning liquid markets in securities collateralized by each of the classifications of mortgages established pursuant to this subsection. (2) Underwriting Criteria For each classification of mortgages established under paragraph (1), the Utility shall establish standards for each of the following underwriting criteria: (A) Debt-to-Income Ratio The ratio of the amount of the total monthly debt of the mortgagor to the amount of the monthly income of the mortgagor. (B) Loan-to-Value Ratio The ratio of the principal obligation under the mortgage to the value of the residence subject to the mortgage, at the time of mortgage origination. (C) Credit History Information on the credit history of the mortgagor, including credit scores of the mortgagor. (D) Loan Documentation The extent of loan documentation and verification of the financial resources of the mortgagor used to qualify the mortgagor for the mortgage, including any appraisal. (E) Occupancy Whether the residence subject to the mortgage is occupied by the mortgagor. (F) Credit Enhancement Whether any mortgage insurance or other type of insurance or credit enhancement was obtained at the time of origination. (G) Loan Payment Terms (i) In general The terms of the mortgage that determine the magnitude and timing of payments due from the mortgagor, including the term to maturity of the mortgage, the frequency of payment, the type of amortization, any prepayment penalties, and whether the interest rate is fixed or may vary. (ii) Inclusion of 30-Year Fixed Interest Rate Terms established under clause (i) shall include a 30-year fixed interest rate mortgage. (H) Other Such other underwriting criteria as the Utility may establish, consistent with the goals of this subtitle. (3) Definitions The Utility shall, for purposes of this subsection, prescribe definitions for each of the following terms: (A) Mortgage The term mortgage , which definition shall include only mortgages on residential properties. (B) Default The term default , with respect to a mortgage. (C) Delinquency The term delinquency , with respect to a mortgage. (D) Loan documentation The term loan documentation , with respect to a mortgage. (E) Additional Terms Such other terms as the Utility may establish. (b) Standard Form Securitization Agreements (1) In general The Utility shall develop, adopt, and publish standard form securitization agreements for eligible collateral. (2) Required Content The standard form securitization agreements to be developed under paragraph (1) shall include terms relating to— (A) pooling and servicing; (B) purchase and sale; (C) representations and warranties, including representations and warranties as to compliance or conformity with standards established by the Utility, as appropriate; (D) indemnification and remedies, including principles of a repurchase program that will ensure an appropriate amount of risk retention under the representations and warranties set forth under subparagraph (C); and (E) the qualification, responsibilities, and duties of trustees. (c) Registration with the Repository The Utility shall require that any mortgage-related document associated with eligible collateral for qualified securities be registered with the Repository. (d) Standards for Servicing The Utility shall develop, adopt, and publish— (1) servicing standards, including for the modification, restructuring, or work-out of any mortgage that serves as collateral for a qualified security; and (2) a servicer succession plan, which may include provisions for— (A) a specialty servicer that can replace the existing servicer if the performance of the mortgage pool deteriorates to specified levels; and (B) a plan to achieve consistency in servicing systems related to systematic note-taking, consistent mailing addresses, and other points of contact for borrowers to use, among other items. (e) Standards for Servicer Reporting The Utility shall develop, adopt, and publish standards for the reporting obligations of servicers of any mortgage that serves as collateral for a qualified security. (f) Standards for Aggregators The Utility may develop, adopt, and publish standards for aggregation of eligible collateral by entities, institutions, or companies other than an issuer. Notwithstanding any such standards developed by the Utility, any Federal Home Loan Bank may act as an aggregator and offer the service of aggregation to any member of such Bank, subject to regulations prescribed by the Director. (g) Standards for Qualified Issuers (1) In General The Utility shall develop, adopt, and publish standards for an issuer to qualify as a qualified issuer. Such standards shall only include— (A) the experience, financial resources, and integrity of the issuer and its principals, including compliance history with Federal and State laws; (B) the adequacy of insurance and fidelity coverage of the issuer with respect to errors and omissions; and (C) a requirement that the issuer submit audited financial statements to the Utility, who shall make such statements publicly available through the Utility’s Web site. (2) Application process (A) In general The Utility shall establish an application process for the qualification of issuers, in such form and manner and requiring such information as the Utility may prescribe, in accordance with standards adopted under paragraph (1). (B) Approval The Utility shall approve any application made pursuant to subparagraph (A) unless the issuer does not meet the standards adopted under paragraph (1). (C) Publication The Agency shall publish a list of newly qualified issuers in the Federal Register and the Utility shall maintain an updated list of qualified issuers on the Utility’s Web site. (3) Review and revocation of qualified status (A) In General The Utility may review the status of a qualified issuer if the Utility is notified that a claim has been made against the issuer by a trustee with respect to a violation of a contractual term in a securitization document of the issuer. (B) Revocation (i) In general Subject to subparagraph (C), if the Utility determines, subject to the approval of the Director, in a review pursuant to subparagraph (A), that an issuer no longer meets the standards for qualification, the Utility shall revoke the issuer’s qualified status. (ii) Construction The revocation of an issuer’s qualified status under this subparagraph shall— (I) have no effect on the qualified status of any security issued before such revocation; and (II) not relieve the issuer of any obligation associated with any representation or warranty or any repurchase obligations related to any qualified security issued before such revocation. (C) Grace Period The Utility shall establish standards by which a qualified issuer who no longer meets the standards for qualification may remediate and return to meeting the standards, without losing the issuer’s qualified status. (D) Publication The Agency shall publish a list of issuers who are no longer qualified in the Federal Register and the Utility shall maintain an updated list of such issuers on the Utility’s Web site. (h) Standards for Trustees (1) In General There shall at all times be one or more trustee for each pool of mortgages that acts as collateral for a qualified security. (2) Rulemaking The Director shall issue regulations regarding the qualifications of trustees under paragraph (1) that shall, to the extent practicable, be consistent with the qualification provisions applicable to trustees under section 310(a) of the Trust Indenture Act of 1934 ( 15 U.S.C. 77jjj(a) ). (3) Conflicts of Interest The Director shall issue conflict of interest regulations that apply to a qualified trustee. Such regulations shall, to the extent practicable, be consistent with those conflict of interest provisions applicable to an indenture trustee under section 310(b) of the Trust Indenture Act of 1934 ( 15 U.S.C. 77jjj(b) ). (4) Reporting of Claims Any time a trustee brings a claim against a qualified issuer on behalf of investors with respect to a standard form securitization agreement, the trustee shall notify the Director of such claim. (5) Protection of Investor Rights For the purpose of protecting investor rights, each trustee shall— (A) maintain a list of all investors (beneficial owners) in a qualified security; (B) update such list from time to time; (C) not make such list available to investors (beneficial owners); and (D) act as a means to communicate information about the qualified security to investors (beneficial owners) and act as a means for investors (beneficial owners) to communicate with each other. (6) No Liability for Certain Communications A trustee shall not be liable for the content of any information provided to the trustee by an investor (beneficial owner) that the trustee communicates to another investor (beneficial owner). (7) Investor (Beneficial Owner) Notification of Trustee A person who becomes an investor (beneficial owner) in a qualified security shall promptly notify the trustee of such security of the change in ownership. (i) Independent Third Party If the majority of investors (beneficial owners) in a pool of qualified securities chooses to hire an independent third party to act on behalf of the best interests of the investors (beneficial owners), such party shall— (1) be granted access to the loan documents for the mortgage loans backing such security and all servicing reports the servicer provides to investors (beneficial owners) or the trustee; (2) be granted access to the list of investors (beneficial owners) maintained by the trustee, on the condition that the independent third party will not make the list available to the investors (beneficial owners); and (3) have the right, on behalf of the investors (beneficial owners), to inform the trustee of such securities of any breach of the securitization agreement identified by the third party. (j) Mandatory Arbitration (1) In general All disputes between an owner of a qualified security and the qualified issuer of such security relating to representations and warranties shall be subject to mandatory arbitration procedures established by the Utility, in accordance with current market practices. (2) Selection of Arbitrator Investors (beneficial owners) and issuers subject to a dispute described under paragraph (1) shall have the right to agree on an independent arbitrator. If the parties cannot agree on an independent arbitrator, the Utility shall select an independent arbitrator for the parties. (3) Reporting Duty of Arbitrator (A) Upon Commencement The arbitrator shall provide the Utility with notice upon commencement of any arbitration under this subsection. (B) Upon Conclusion Upon conclusion of any arbitration under this subsection, the arbitrator shall provide the Utility with— (i) the decision reached by the arbitrator; and (ii) the basis for the arbitrator’s decision, including any evidence or testimony received during the arbitration process. (k) Data Standards; Disclosure Standards (1) Data Standards The Utility shall develop, adopt, and publish standard data definitions for all aspects of loan origination, appraisals, and servicing. In developing such definitions, the Utility shall consider the data standard-setting work undertaken by the Mortgage Industry Standards Maintenance Organization through the enterprises’ Uniform Mortgage Data Program announced by the Agency on May 24, 2010. (2) Disclosure Standards The Utility shall develop, adopt, and publish standards for disclosure of loan origination, appraisal, and servicing data, including data required in subsection (a)(2) (relating to underwriting criteria) for residential mortgage loans that comprise qualified securities, and that allow for trading of qualified securities under this subtitle in a forward market. (3) Coordination In developing the data and disclosure standards required by this subsection, the Utility shall ensure that such standards are coordinated. (4) Privacy Protections In prescribing the definitions and standards required under this subsection, the Utility shall take into consideration issues of consumer privacy and all statutes, rules, and regulations related to privacy of consumer credit information and personally identifiable information. Such standards shall expressly prohibit the identification of specific borrowers. (5) Consultation When reviewing any disclosure standards established under this subsection, the Director shall consult with the Securities and Exchange Commission. (l) Timing of issuance; Agency review; authority To revise standards (1) Timing The Director shall issue any regulations required by this section not later than the end of the 12-month period beginning on the date of the enactment of this Act. The Utility shall issue any definitions, standards, rules, processes, or procedures required by this section not later than the end of the 12-month period beginning on the date of issuance of the charter by the Director. (2) Agency review Any definition, standard, rule, process or procedure established by the Utility shall be submitted to the Director for review and approval prior to its implementation if, in the Director’s discretion, the Director requires such submission. Any definition, standard, rule, process or procedure that the Director requires be submitted to the Agency for review and approval shall be reviewed within three months of submission. (3) Authority to revise (A) In general The Utility may review, revise, and, if revised, re-publish any standard form securitization agreement or other definition, standard, rule, process, or procedure required to be developed by this subtitle if the Utility determines review or revision to be necessary or appropriate to satisfy the goals of this subtitle. (B) Application of revisions Any revisions made pursuant to subparagraph (A) shall apply only to securitizations made after the date of such revision. (m) Effect of Conflict In the event a definition, standard, rule, process, or procedure established by the Utility is in conflict with any definition, standard, rule, process, or procedure established by another Federal department or agency, the Director shall consult with the other Federal department or agency, and provide prompt written notification to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, of the conflict. (n) Public Involvement In developing definitions, standards, rules, processes, and procedures required by this subtitle, the Utility shall work with market participants, including servicers, originators, and mortgage investors, and develop methods for gathering information and comment from such groups. 323. Liability for misleading statements (a) In general Any person who shall make or cause to be made any statement in any application, report, or document filed with the Agency or Utility pursuant to any provisions of this subtitle, or any rule, regulation, or order thereunder, which statement was at the time and in light of the circumstances under which it was made false or misleading with respect to any material fact, or who shall omit to state any material fact required to be stated therein or necessary to make the statements therein not misleading, shall be liable to any person (not knowing that such statement was false or misleading or of such omission) who, in reliance upon such statement or omission, shall have purchased or sold a qualified security issued under the indenture to which such application, report, or document relates, for damages caused by such reliance, unless the person sued shall prove that such person acted in good faith and had no knowledge that such statement was false or misleading or of such omission. A person seeking to enforce such liability may sue at law or in equity in any court of competent jurisdiction. In any such suit the court may, in its discretion, require an undertaking for the payment of the costs of such suit and assess reasonable costs, including reasonable attorneys’ fees, against either party litigant, having due regard for the merits and good faith of the suit or defense. No action shall be maintained to enforce any liability created under this section unless brought within one year after the discovery of the facts constituting the cause of action and within three years after such cause of action accrued. (b) Rights and remedies under other laws The rights and remedies provided by this part shall be in addition to any and all other rights and remedies that may exist under the Securities Act of 1933 or the Securities Exchange Act of 1934 or otherwise at law or in equity; but no person permitted to maintain a suit for damages under the provisions of this subtitle shall recover, through satisfaction of judgment in one or more actions, a total amount in excess of the person’s actual damages on account of the act complained of. 324. Unlawful representations It shall be unlawful for any person in offering, selling, or issuing any qualified security pursuant to this subtitle to represent or imply in any manner whatsoever that any action or failure to act by the Agency or Utility in the administration of this subtitle means that the Agency or Utility has in any way passed upon the merits of, or given approval to, any trustee, indenture, or security, or any transaction or transactions therein, or that any such action or failure to act with regard to any statement or report files or examined by the Agency or Utility pursuant to this subtitle or any rule, regulation, or order thereunder, has the effect of a finding by the Agency or Utility that such statement or report is true and accurate on its face or that it is not false or misleading. 325. Contrary stipulations void Any condition, stipulation, or provision binding any person to waive compliance with any provision of this subtitle or with any rule, regulation, or order thereunder shall be void. 3 National Mortgage Data Repository 331. Organization and operation (a) Organization and operation Under such regulations as the Director may prescribe, the Utility shall organize and operate a national mortgage data repository ( Repository ). (b) Authorized activities In addition to organizing and operating the Repository, the Utility shall— (1) establish and operate a repository for mortgage-related documents; (2) establish standards for qualification of any depositor of mortgage-related documents to the Repository; (3) establish standards and procedures for submission of mortgage-related documents to the Repository, including required information and the type and format of information and data; (4) establish procedures for validation of mortgage-related documents and the data contained in the Repository; (5) establish standards and procedures for acceptance of mortgage-related documents (including electronic copies), and notice of acceptance, by the Repository; (6) establish standards and procedures for registration of any mortgage-related document with the Repository, including notice of registration and the assignment of a unique identifier; (7) establish standards and procedures for recording the creation, assignment, or transfer of an interest in any registered mortgage-related document; (8) establish standards and procedures for qualification of depositors and participants in the Repository; (9) establish procedures for proper demonstration of registration of mortgage-related documents with the Repository and recordation of an interest by the holder of an interest in any such document, subject to regulations issued by the Director in accordance with section 332 (relating to legal effect of registration with the Repository); (10) establish and maintain a catalog of the mortgage-related documents registered with the Repository; (11) establish standards and procedures for disposition of mortgage-related documents, including safekeeping, long-term storage, or destruction of paper documents; (12) establish standards and procedures for making data publicly available; (13) ensure that data collected and maintained by the Repository are kept secure and protected against unauthorized disclosure, including disclosure of personally identifiable information that is not otherwise available as part of any public record; (14) establish a process, including notification from the public, for identification and correction of incorrect information submitted to or maintained by the Repository; (15) establish fees for registration of mortgage-related documents and maintenance and use of data, and for the provision of other related services not inconsistent with the purposes of this subtitle; and (16) perform any other service or engage in any other activity that the Director determines, by regulation or order, to be incidental to the activities enumerated in this subsection. (c) Requirements on participants Each participant shall— (1) comply with such requirements as may be set by the Repository for using data maintained or created by the Repository; and (2) use such designation as the Repository may provide, such as a unique identifier. 332. Legal effect of registration with Repository Notwithstanding any provision of State or Federal law to the contrary, by proper demonstration of registration with the Repository, any holder of an interest in any mortgage-related note shall satisfy any requirement for demonstration of a right to act regarding such note or other registered data that exists in State or Federal law, including any obligation to produce or possess an original note. The Director shall provide for the establishment of procedures for proper demonstration of registration of any mortgage-related document and of an interest by the holder of an interest in any such document with the Repository. Once registered with the Repository, such registration shall be a legal right enforceable in any judicial or nonjudicial process. 333. Grants to States; repayment (a) Grants to States There is hereby authorized to be appropriated $50,000,000 to the Director for the establishment of a fund to be administered by the Agency for providing grants to States, on application to the Agency, to facilitate participation in the Repository by any depositor or participant or class of depositors or participants, or any other person upon appropriate demonstration to the Agency that such a grant would assist in the accomplishment of the purposes of this subtitle. Any such amounts appropriated and not granted by the Agency within five years of the date of the enactment of this Act shall be returned to the Treasury of the United States. (b) Repayment The Director shall cause to be collected from the Utility and deposit in the Treasury of the United States an amount equal to the aggregate amount provided as grants to States pursuant to subsection (a) within the 10-year period beginning on the date that the first grant is made pursuant to subsection (a). 334. Judicial review Except as otherwise expressly provided under this part, no person other than the Director or the Attorney General of the United States, or any duly authorized representative of the Director or the Attorney General, may proceed against the Repository in any State or Federal court. The prohibition in the preceding sentence shall not apply to a civil action against the Repository or any duly authorized agent thereof for breach of a contract, including breach of a representation or warranty, or breach of privacy related to data collected and maintained by the Repository or any duly authorized agent thereof. 335. Transition provisions (a) In general The Agency shall provide for a transition period to permit the efficient implementation of the provisions of this part. Such transition may include periods for testing, early adoption, and final mandatory adoption for all recorded mortgages. (b) Electronic Submissions The Repository shall accept electronic submissions and paper-based documents submitted electronically subject to rules of the Repository. After the expiration of the 10-year period that begins upon the date of the enactment of this Act, subject to an extension of such period for up to 5 additional years if the Director determines appropriate, the Repository shall require only electronic submission. 4 Conforming amendments 341. Conforming amendment to Federal Home Loan Bank Act Section 11 of the Federal Home Loan Bank Act ( 12 U.S.C. 1431 ) is amended by adding at the end the following new subsection: (m) Aggregation of loans originated by members Any Federal Home Loan Bank may aggregate for securitization through the common securitization platform (as such term is defined in section 303 of the National Mortgage Market Utility Act of 2013 ) residential mortgage loans originated by any member of such Bank, pursuant to regulations issued by the Director. . 342. Conforming amendments to the Dodd-Frank Wall Street Reform and Consumer Protection Act Section 803(8)(A) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5462(8)(A)) is amended— (1) redesignating clause (iv) as clause (v); and (2) inserting after clause (iii) the following new clause: (iv) The Federal Housing Finance Agency, with respect to a designated financial market utility that is subject to the exclusive supervision of that Agency pursuant to the National Mortgage Market Utility Act of 2013 . . 343. Conforming amendments to Securities Act of 1933 (a) Exempted securities Section 3(a) of the Securities Act of 1933 ( 15 U.S.C. 77c(a) ) is amended by adding at the end the following new paragraph: (15) Any qualified security, as such term is defined in section 321 of the National Mortgage Market Utility Act of 2013 . . (b) Removal of credit risk retention reference Section 27B of the Securities Act of 1933 ( 15 U.S.C. 77z–2a ) is amended by striking subsection (d). 344. Conforming amendments to title 18, United States Code (a) False advertising Section 709 of title 18, United States Code, is amended by inserting after a Federal Home Loan Bank; or the following: Whoever uses the words National Mortgage Data Repository or such other name as the Director of the Federal Housing Finance Agency may establish in the charter of the repository or any combination of words that appears to indicate that such use of the term conflicts with the exclusive operation of the repository created by part 3 of the National Mortgage Market Utility Act of 2013 as a business name or any part of a business name, or falsely publishes, advertises, or represents by any device or symbol or other means reasonably calculated to convey the impression that he or it is the repository created by such part; or . (b) Fraud and false statements Chapter 47 of title 18, United States Code, is amended— (1) by adding at the end the following new section: 1041. Information security; false statements and concealment of facts related to the National Mortgage Market Utility Act of 2013 Whoever, with regard to any mortgage-related document (as such term is defined in section 303 of the National Mortgage Market Utility Act of 2013 ) or the registration of any document or any interest in any such document pursuant to that Act, makes any false statement or representation of fact, knowing it to be false, or knowingly conceals, covers up or fails to disclose any material fact the disclosure of which is required by such Act or regulation, shall be fined under this title, or imprisoned not more than five years, or both. ; and (2) in the table of contents for such chapter, by inserting after the item relating to section 1040 the following: 1041. Information security; false statements and concealment of facts related to the National Mortgage Market Utility Act of 2013. . B Covered Bonds 351. Short title This subtitle may be cited as the United States Covered Bond Act of 2013 . 352. Definitions For purposes of this subtitle, the following definitions shall apply: (1) Ancillary asset The term ancillary asset means— (A) any interest rate or currency swap associated with 1 or more eligible assets, substitute assets, or other assets in a cover pool; (B) any credit enhancement or liquidity arrangement associated with 1 or more eligible assets, substitute assets, or other assets in a cover pool; (C) any guarantee, letter-of-credit right, or other secondary obligation that supports any payment or performance of 1 or more eligible assets, substitute assets, or other assets in a cover pool; and (D) any proceeds of, or other property incident to, 1 or more eligible assets, substitute assets, or other assets in a cover pool. (2) Corporation The term Corporation means the Federal Deposit Insurance Corporation. (3) Cover pool The term cover pool means a dynamic pool of assets that is comprised of— (A) in the case of any eligible issuer described in subparagraph (A), (B), or (C) of paragraph (9)— (i) 1 or more eligible assets from a single eligible asset class; and (ii) 1 or more substitute assets or ancillary assets; and (B) in the case of any eligible issuer described in paragraph (9)(D)— (i) the covered bonds issued by each sponsoring eligible issuer; and (ii) 1 or more substitute assets or ancillary assets. (4) Covered bond The term covered bond means any recourse debt obligation of an eligible issuer that— (A) has an original term to maturity of not less than 1 year; (B) is secured by a perfected security interest in or other perfected lien on a cover pool that is owned directly or indirectly by the issuer of the obligation; (C) is issued under a covered bond program that has been approved by the applicable covered bond regulator; (D) is identified in a register of covered bonds that is maintained by the Secretary; and (E) is not a deposit (as defined in section 3(l) of the Federal Deposit Insurance Act (12 U.S.C. 1813(l))). (5) Covered bond program The term covered bond program means any program of an eligible issuer under which, on the security of a single cover pool, 1 or more series of covered bonds may be issued. (6) Covered bond regulator The term covered bond regulator means— (A) for any eligible issuer that is subject to the jurisdiction of an appropriate Federal banking agency (as defined in section 3(q) of the Federal Deposit Insurance Act (12 U.S.C. 1813(q))), the appropriate Federal banking agency; (B) for any eligible issuer that is described in paragraph (9)(D), that is not subject to the jurisdiction of an appropriate Federal banking agency, and that is sponsored by only 1 eligible issuer, the covered bond regulator for the sponsor; (C) for any eligible issuer that is described in paragraph (9)(D), that is not subject to the jurisdiction of an appropriate Federal banking agency, and that is sponsored by more than 1 eligible issuer, the covered bond regulator for the sponsor whose covered bonds constitute the largest share of the cover pool of the issuer; and (D) for any other eligible issuer that is not subject to the jurisdiction of an appropriate Federal banking agency, the Secretary. (7) Eligible asset The term eligible asset means— (A) in the case of the residential mortgage asset class, any first-lien mortgage loan that— (i) is secured by 1- to 4-family residential property; and (ii) is not made, insured, or guaranteed by the Government; (B) in the case of the commercial mortgage asset class, any commercial mortgage loan (including any multifamily mortgage loan); (C) in the case of the public sector asset class— (i) any security issued by a State, municipality, or other governmental authority; (ii) any loan made to a State, municipality, or other governmental authority; and (iii) any loan, security, or other obligation that is insured or guaranteed, in full or substantially in full, by the full faith and credit of the United States Government (whether or not such loan, security, or other obligation is also part of another eligible asset class); (D) in the case of the auto asset class, any auto loan or lease; (E) in the case of the student loan asset class, any student loan (whether guaranteed or nonguaranteed); (F) in the case of the credit or charge card asset class, any extension of credit to a person under an open-end credit plan; (G) in the case of the small business asset class, any loan that is made or guaranteed under a program of the Small Business Administration; and (H) in the case of any other eligible asset class, any asset designated by the Secretary, by rule and in consultation with the covered bond regulators, as an eligible asset for purposes of such class. (8) Eligible asset class The term eligible asset class means— (A) a residential mortgage asset class; (B) a commercial mortgage asset class; (C) a public sector asset class; (D) an auto asset class; (E) a student loan asset class; (F) a credit or charge card asset class; (G) a small business asset class; and (H) any other eligible asset class designated by the Secretary, by rule and in consultation with the covered bond regulators. (9) Eligible issuer The term eligible issuer means— (A) any insured depository institution and any subsidiary of such institution; (B) any bank holding company, any savings and loan holding company, and any subsidiary of any of such companies; (C) any nonbank financial company (as defined in section 102(a)(4) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5311(a)(4) )) that is supervised by the Board of Governors of the Federal Reserve System under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5323 ), including any intermediate holding company supervised as a nonbank financial company, and any subsidiary of such a nonbank financial company; and (D) any issuer that is sponsored by 1 or more eligible issuers for the sole purpose of issuing covered bonds on a pooled basis. (10) Oversight program The term oversight program means the covered bond regulatory oversight program established under section 353(a). (11) Secretary The term Secretary means the Secretary of the Department of the Treasury. (12) Substitute asset The term substitute asset means— (A) cash; (B) any direct obligation of the United States Government, and any security or other obligation whose full principal and interest are insured or guaranteed by the full faith and credit of the United States Government; (C) any direct obligation of a United States Government corporation or Government-sponsored enterprise of the highest credit quality, and any other security or other obligation of the highest credit quality whose full principal and interest are insured or guaranteed by such corporation or enterprise, except that the outstanding principal amount of these obligations in any cover pool may not exceed an amount equal to 20 percent of the outstanding principal amount of all assets in the cover pool without the approval of the applicable covered bond regulator; (D) any overnight investment in Federal funds; (E) any other substitute asset designated by the Secretary, by rule and in consultation with the covered bond regulators; and (F) any deposit account or securities account into which only an asset described in subparagraph (A), (B), (C), (D), or (E) may be deposited or credited. 353. Regulatory oversight of covered bond programs established (a) Establishment (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall, by rule and in consultation with the covered bond regulators, establish a covered bond regulatory oversight program that provides for— (A) covered bond programs to be evaluated according to reasonable and objective standards in order to be approved under paragraph (2), including any additional eligibility standards for eligible assets and any other criteria determined appropriate by the Secretary to further the purposes of this subtitle; (B) covered bond programs to be maintained in a manner that is consistent with this subtitle and safe and sound asset-liability management and other financial practices; and (C) any estate created under section 354 to be administered in a manner that is consistent with maximizing the value and the proceeds of the related cover pool in a resolution under this subtitle. (2) Approval of each covered bond program (A) In general A covered bond shall be subject to this subtitle only if the covered bond is issued by an eligible issuer under a covered bond program that is approved by the applicable covered bond regulator. (B) Approval process Each covered bond regulator shall apply the standards established by the Secretary under the oversight program to evaluate a covered bond program that has been submitted by an eligible issuer for approval. Each covered bond regulator also shall take into account relevant supervisory factors, including safety and soundness considerations, in evaluating a covered bond program that has been submitted for approval. Each covered bond regulator, promptly after approving a covered bond program, shall provide the Secretary with the name of the covered bond program, the name of the eligible issuer, and all other information reasonably requested by the Secretary in order to update the registry under paragraph (3)(A). Each eligible issuer, promptly after issuing a covered bond under an approved covered bond program, shall provide the Secretary with all information reasonably requested by the Secretary in order to update the registry under paragraph (3)(B). (C) Existing covered bond programs A covered bond regulator may approve a covered bond program that is in existence on the date of the enactment of this Act. Upon such approval, each covered bond under the covered bond program shall be subject to this subtitle, regardless of when the covered bond was issued. (D) Multiple covered bond programs permitted An eligible issuer may have more than 1 covered bond program. (E) Cease and desist authority The applicable covered bond regulator may direct an eligible issuer to cease issuing covered bonds under an approved covered bond program if the covered bond program is not maintained in a manner that is consistent with this subtitle and the oversight program and if, after notice that is reasonable under the circumstances, the issuer does not remedy all deficiencies identified by the applicable covered bond regulator. (F) Cap on the amount of outstanding covered bonds (i) In general With respect to each eligible issuer that submits a covered bond program for approval, the applicable covered bond regulator shall set, consistent with safety and soundness considerations and the financial condition of the eligible issuer, the maximum amount, as a percentage of the eligible issuer’s total assets, of outstanding covered bonds that the eligible issuer may issue. (ii) Review of cap The applicable covered bond regulator may, not more frequently than quarterly, review the percentage set under clause (i) and, if safety and soundness considerations or the financial condition of the eligible issuer has changed, increase or decrease such percentage. Any decrease made pursuant to this clause shall have no effect on existing covered bonds issued by the eligible issuer. (3) Registry Under the oversight program, the Secretary shall maintain a registry that is published on a Web site available to the public and that, for each covered bond program approved by a covered bond regulator, contains— (A) the name of the covered bond program, the name of the eligible issuer, and all other information that the Secretary considers necessary to adequately identify the covered bond program and the eligible issuer; and (B) all information that the Secretary considers necessary to adequately identify all outstanding covered bonds issued under the covered bond program (including the reports described in paragraphs (3) and (4) of subsection (b)). (4) Fees Each covered bond regulator may levy, on the issuers of covered bonds under the primary supervision of such covered bond regulator, reasonably apportioned fees that such covered bond regulator considers necessary, in the aggregate, to defray the costs of such covered bond regulator carrying out the provisions of this subtitle. Such funds shall not be construed to be Government funds or appropriated monies and shall not be subject to apportionment for purposes of chapter 15 of title 31, United States Code, or any other provision of law. (b) Minimum over-Collateralization requirements (1) Requirements established The Secretary, by rule and in consultation with the covered bond regulators, shall establish minimum over-collateralization requirements for covered bonds backed by each of the eligible asset classes. The minimum over-collateralization requirements shall be designed to ensure that sufficient eligible assets and substitute assets are maintained in the cover pool to satisfy all principal and interest payments on the covered bonds when due through maturity and shall be based on the credit, collection, and interest rate risks (excluding the liquidity risks) associated with the eligible asset class. (2) Asset coverage test The eligible assets and the substitute assets in any cover pool shall be required, in the aggregate, to meet at all times the applicable minimum over-collateralization requirements. (3) Monthly reporting On a monthly basis, each issuer of covered bonds shall submit a report on whether the cover pool that secures the covered bonds meets the applicable minimum over-collateralization requirements to— (A) the Secretary; (B) the applicable covered bond regulator; (C) the applicable indenture trustee; (D) the applicable covered bondholders; and (E) the applicable independent asset monitor. (4) Independent asset monitor (A) Appointment Each issuer of covered bonds shall appoint the indenture trustee for the covered bonds, or another unaffiliated entity, as an independent asset monitor for the applicable cover pool. (B) Duties An independent asset monitor appointed under subparagraph (A) shall, on an annual or other more frequent periodic basis determined by the Secretary under the oversight program— (i) verify whether the cover pool meets the applicable minimum over-col­lat­er­al­i­za­tion requirements; and (ii) report to the Secretary, the applicable covered bond regulator, the applicable indenture trustee, and the applicable covered bondholders on whether the cover pool meets the applicable minimum over-collateralization requirements. (5) No loss of status Covered bonds shall remain subject to this subtitle regardless of whether the applicable cover pool ceases to meet the applicable minimum over-collateralization requirements. (6) Failure to meet requirements (A) In general If a cover pool fails to meet the applicable minimum over-col­lat­er­al­i­za­tion requirements, and if the failure is not cured within the time specified in the related transaction documents, the failure shall be an uncured default for purposes of section 354(a). (B) Notice required An issuer of covered bonds shall promptly give the Secretary and the applicable covered bond regulator written notice if the cover pool securing the covered bonds fails to meet the applicable minimum over-collateralization requirements, if the failure is cured within the time specified in the related transaction documents, or if the failure is not so cured. (c) Requirements for eligible assets (1) Requirements (A) Loans A loan shall not qualify as an eligible asset for so long as the loan is delinquent for more than 60 consecutive days. (B) Securities A security shall not qualify as an eligible asset for so long as the security does not meet any credit-quality requirement under this subtitle. (C) Origination An asset shall not qualify as an eligible asset if the asset was not originated in compliance with any rule or supervisory guidance of a Federal agency applicable to the asset at the time of origination. (D) No double pledge An asset shall not qualify as an eligible asset for so long as the asset is subject to a prior perfected security interest or other prior perfected lien that has been granted in an unrelated transaction. Nothing in this subtitle shall affect such a prior perfected security interest or other prior perfected lien, and the rights of such lien holders. (2) Failure to meet requirements Subject to paragraph (1)(D), if an asset in a cover pool does not satisfy any applicable requirement described in paragraph (1) or any other applicable standard or criterion described in this subtitle, the oversight program, or the related transaction documents, the asset shall not qualify as an eligible asset for purposes of the asset coverage test described in subsection (b)(2). A disqualified asset shall remain in the cover pool unless and until removed by the issuer in compliance with the provisions of this subtitle, the oversight program, and the related transaction documents. No disqualified asset may be removed from the cover pool after an estate has been created for the related covered bond program under section 354(b)(1) or 354(c)(2), except in connection with the management of the cover pool under section 354(d)(1)(E). (d) Other requirements (1) Books and records of issuer Each issuer of covered bonds shall clearly mark its books and records to identify the assets that comprise the cover pool securing the covered bonds. (2) Schedule of eligible assets and substitute assets Each issuer of covered bonds shall deliver to the applicable indenture trustee and the applicable independent asset monitor, on at least a monthly basis, a schedule that identifies all eligible assets and substitute assets in the cover pool securing the covered bonds. (3) Single eligible asset class No cover pool described in section 352(3)(A) may include eligible assets from more than 1 eligible asset class. No cover poll described in section 2(3)(B) may include covered bonds backed by more than 1 eligible asset class. 354. Resolution upon default or insolvency (a) Uncured default defined For purposes of this section, the term uncured default means a default on a covered bond that has not been cured within the time, if any, specified in the related transaction documents. (b) Default on covered bonds prior to conservatorship, receivership, liquidation, or bankruptcy (1) Creation of separate estate If an uncured default occurs on a covered bond before the issuer of the covered bond enters conservatorship, receivership, liquidation, or bankruptcy, an estate shall be immediately and automatically created by operation of law and shall exist and be administered separate and apart from the issuer or any subsequent conservatorship, receivership, liquidating agency, or estate in bankruptcy for the issuer or any other assets of the issuer. A separate estate shall be created for each affected covered bond program. (2) Assets and liabilities of estate Any estate created under paragraph (1) shall be comprised of the cover pool (including over-col­lat­er­al­i­za­tion in the cover pool) that secures the covered bond. The cover pool shall be immediately and automatically released to and held by the estate free and clear of any right, title, interest, or claim of the issuer or any conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer or any other assets of the issuer. The estate shall be fully liable on the covered bond and all other covered bonds and related obligations of the issuer (including obligations under related derivative transactions) that are secured by a perfected security interest in or other perfected lien on the cover pool when the estate is created. The estate shall not be liable on any obligation of the issuer that is not secured by a perfected security interest in or other perfected lien on the cover pool when the estate is created. No conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer may charge or assess the estate for any claim of the conservator, receiver, liquidating agent, or trustee in bankruptcy or the conservatorship, receivership, liquidating agency, or estate in bankruptcy and may not obtain or perfect a security interest in or other lien on the cover pool to secure such a claim. (3) Retention of claims Any holder of a covered bond or related obligation for which an estate has become liable under paragraph (2) shall retain a claim against the issuer for any deficiency with respect to the covered bond or related obligation. If the issuer enters conservatorship, receivership, liquidation, or bankruptcy, any contingent claim for such a deficiency shall be allowed as a provable claim in the conservatorship, receivership, liquidating agency, or bankruptcy case. The contingent claim shall be estimated by the conservator, receiver, liquidating agent, or bankruptcy court for purposes of allowing the claim as a provable claim if awaiting the fixing of the contingent claim would unduly delay the resolution of the conservatorship, receivership, liquidating agency, or bankruptcy case. (4) Residual interest (A) Issuance of residual interest Upon the creation of an estate under paragraph (1), a residual interest in the estate shall be immediately and automatically issued by operation of law to the issuer. (B) Nature of residual interest The residual interest under subparagraph (A) shall— (i) be an exempted security as described in section 355; (ii) represent the right to any surplus from the cover pool after the covered bonds and all other liabilities of the estate have been fully and irrevocably paid; and (iii) be evidenced by a certificate executed by the trustee of the estate. (5) Obligations of issuer (A) In general After the creation of an estate under paragraph (1), the issuer shall— (i) transfer to or at the direction of the trustee for the estate all property of the estate that is in the possession or under the control of the issuer, including all tangible or electronic books, records, files, and other documents or materials relating to the assets and liabilities of the estate; and (ii) at the election of the trustee or a servicer or administrator for the estate, continue servicing the applicable cover pool for 120 days after the creation of the estate in return for a fair-market-value fee, as determined by the trustee in consultation with the applicable covered bond regulator, that shall be payable from the estate as an administrative expense. (B) Obligations absolute Neither the issuer, whether acting as debtor in possession or in any other capacity, nor any conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer or any other assets of the issuer may disaffirm, repudiate, or reject the obligation to turn over property or to continue servicing the cover pool as provided in subparagraph (A). (c) Default on covered bonds upon conservatorship, receivership, liquidation, or bankruptcy (1) Corporation conservatorship or receivership (A) In general If the Corporation is appointed as conservator or receiver for an issuer of covered bonds before an uncured default results in the creation of an estate under subsection (b), the Corporation as conservator or receiver shall have an exclusive right, during the 1-year period beginning on the date of the appointment, to transfer any cover pool owned by the issuer in its entirety, together with all covered bonds and related obligations that are secured by a perfected security interest in or other perfected lien on the cover pool, to another eligible issuer that meets all conditions and requirements specified in the related transaction documents. The Corporation as conservator or receiver may not remove any asset from the cover pool, except to the extent otherwise agreed by a transferee that has assumed the covered bond program pursuant to subparagraph (C). (B) Obligations during 1-year period During the 1-year period described in subparagraph (A), the Corporation as conservator or receiver shall fully and timely satisfy all monetary and nonmonetary obligations of the issuer under all covered bonds and the related transaction documents and shall fully and timely cure all defaults by the issuer (other than its conservatorship or receivership) under the applicable covered bond program, in each case, until the earlier of— (i) the transfer of the applicable covered bond program to another eligible issuer as provided in subparagraph (A); or (ii) the delivery to the Secretary, the applicable covered bond regulator, the applicable indenture trustee, and the applicable covered bondholders of a written notice from the Corporation as conservator or receiver electing to cease further performance under the applicable covered bond program. (C) Assumption by transferee If the Corporation as conservator or receiver transfers a covered bond program to another eligible issuer within the 1-year period as provided in subparagraph (A), the transferee shall take ownership of the applicable cover pool and shall become fully liable on all covered bonds and related obligations of the issuer that are secured by a perfected security interest in or other perfected lien on the cover pool. (2) Other circumstances An estate shall be immediately and automatically created by operation of law and shall exist and be administered separate and apart from an issuer of covered bonds and any conservatorship, receivership, liquidating agency, or estate in bankruptcy for the issuer or any other assets of the issuer, if— (A) a conservator, receiver, liquidating agent, or trustee in bankruptcy, other than the Corporation, is appointed for the issuer before an uncured default results in the creation of an estate under subsection (b); or (B) in the case of the appointment of the Corporation as conservator or receiver as described in paragraph (1)(A), the Corporation as conservator or receiver— (i) does not complete the transfer of the applicable covered bond program to another eligible issuer within the 1-year period as provided in paragraph (1)(A); (ii) delivers to the Secretary, the applicable covered bond regulator, the applicable indenture trustee, and the applicable covered bondholders a written notice electing to cease further performance under the applicable covered bond program; or (iii) fails to fully and timely satisfy all monetary and nonmonetary obligations of the issuer under the covered bonds and the related transaction documents or to fully and timely cure all defaults by the issuer (other than its conservatorship or receivership) under the applicable covered bond program. A separate estate shall be created for each affected covered bond program. (3) Assets and liabilities of estate Any estate created under paragraph (2) shall be comprised of the cover pool (including over-col­lat­er­al­i­za­tion in the cover pool) that secures the covered bonds. The cover pool shall be immediately and automatically released to and held by the estate free and clear of any right, title, interest, or claim of the issuer or any conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer or any other assets of the issuer. The estate shall be fully liable on the covered bonds and all other covered bonds and related obligations of the issuer (including obligations under related derivative transactions) that are secured by a perfected security interest in or other perfected lien on the cover pool when the estate is created. The estate shall not be liable on any obligation of the issuer that is not secured by a perfected security interest in or other perfected lien on the cover pool when the estate is created. No conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer may charge or assess the estate for any claim of the conservator, receiver, liquidating agent, or trustee in bankruptcy or the conservatorship, receivership, liquidating agency, or estate in bankruptcy and may not obtain or perfect a security interest in or other lien on the cover pool to secure such a claim. (4) Contingent claim Any contingent claim against an issuer for a deficiency with respect to a covered bond or related obligation for which an estate has become liable under paragraph (3) shall be allowed as a provable claim in the conservatorship, receivership, liquidating agency, or bankruptcy case for the issuer. The contingent claim shall be estimated by the conservator, receiver, liquidating agent, or bankruptcy court for purposes of allowing the claim as a provable claim if awaiting the fixing of the contingent claim would unduly delay the resolution of the conservatorship, receivership, liquidating agency, or bankruptcy case. (5) Residual interest (A) Issuance of residual interest Upon the creation of an estate under paragraph (2), and regardless of whether any contingent claim described in paragraph (4) becomes fixed or is estimated, a residual interest in the estate shall be immediately and automatically issued by operation of law to the conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer. (B) Nature of residual interest The residual interest under subparagraph (A) shall— (i) be an exempted security as described in section 355; (ii) represent the right to any surplus from the cover pool after the covered bonds and all other liabilities of the estate have been fully and irrevocably paid; and (iii) be evidenced by a certificate executed by the trustee of the estate. (6) Obligations of issuer (A) In general After the creation of an estate under paragraph (2), the issuer and its conservator, receiver, liquidating agent, or trustee in bankruptcy shall— (i) transfer to or at the direction of the trustee for the estate all property of the estate that is in the possession or under the control of the issuer or its conservator, receiver, liquidating agent, or trustee in bankruptcy, including all tangible or electronic books, records, files, and other documents or materials relating to the assets and liabilities of the estate; and (ii) at the election of the trustee or a servicer or administrator for the estate, continue servicing the applicable cover pool for 120 days after the creation of the estate in return for a fair-market-value fee, as determined by the trustee in consultation with the applicable covered bond regulator, that shall be payable from the estate as an administrative expense. (B) Obligations absolute Neither the issuer, whether acting as debtor in possession or in any other capacity, nor any conservator, receiver, liquidating agent, or trustee in bankruptcy for the issuer or any other assets of the issuer may disaffirm, repudiate, or reject the obligation to turn over property or to continue servicing the cover pool as provided in subparagraph (A). (d) Administration and resolution of estates (1) Trustee, servicer, and administrator (A) In general Upon the creation of any estate under subsection (b)(1) or (c)(2), the applicable covered bond regulator shall— (i) appoint the trustee for the estate; (ii) appoint 1 or more servicers or administrators for the cover pool held by the estate; and (iii) give the Secretary, the applicable indenture trustee, the applicable covered bondholders, and the owner of the residual interest written notice of the creation of the estate. (B) Terms and conditions of appointment All terms and conditions of any appointment under paragraph (1), including the terms and conditions relating to compensation, shall conform to the requirements of this subtitle and the oversight program and otherwise shall be determined by the applicable covered bond regulator. (C) Qualification The applicable covered bond regulator may require the trustee or any servicer or administrator for an estate to post in favor of the United States, for the benefit of the estate, a bond that is conditioned on the faithful performance of the duties of the trustee or the servicer or administrator. The covered bond regulator shall determine the amount of any bond required under this subparagraph and the sufficiency of the surety on the bond. A proceeding on a bond required under this subparagraph may not be commenced after two years after the date on which the trustee or the servicer or administrator was discharged. (D) Powers and duties of trustee The trustee for an estate is the representative of the estate and, subject to the provisions of this subtitle, has capacity to sue and be sued. The trustee shall— (i) administer the estate in compliance with this subtitle, the oversight program, and the related transaction documents; (ii) be accountable for all property of the estate that is received by the trustee; (iii) make a final report and file a final account of the administration of the estate with the applicable covered bond regulator; and (iv) after the estate has been fully administered, close the estate. (E) Powers and duties of servicer or administrator Any servicer or administrator for an estate— (i) shall— (I) collect, realize on (by liquidation or other means), and otherwise manage the cover pool held by the estate for the purpose of winding down the related cover bond program in compliance with this subtitle, the oversight program, and the related transaction documents and in a manner consistent with maximizing the value and the proceeds of the cover pool; (II) deposit or invest all proceeds and funds received in compliance with this subtitle, the oversight program, and the related transaction documents and in a manner consistent with maximizing the net return to the estate, taking into account the safety of the deposit or investment; and (III) apply, or direct the trustee for the estate to apply, all proceeds and funds received and the net return on any deposit or investment to make distributions in compliance with paragraphs (3) and (4); (ii) may borrow funds or otherwise obtain credit, for the benefit of the estate, in compliance with paragraph (2) on a secured or unsecured basis and on a priority, pari passu, or subordinated basis; (iii) shall, at the times and in the manner required by the applicable covered bond regulator, submit to the covered bond regulator, the Secretary, the applicable indenture trustee, the applicable covered bondholders, the owner of the residual interest, and any other person designated by the covered bond regulator, reports that describe the activities of the servicer or administrator on behalf of the estate, the performance of the cover pool held by the estate, and distributions made by the estate; and (iv) shall assist the trustee in preparing the final report and the final account of the administration of the estate. (F) Supervision of trustee, servicer, and administrator The applicable covered bond regulator shall supervise the trustee and any servicer or administrator for an estate. The covered bond regulator shall require that all reports submitted under subparagraph (E)(iii) do not contain any untrue statement of a material fact and do not omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading. (G) Removal and replacement of trustee, servicer, and administrator If the covered bond regulator determines that it is in the best interests of an estate, the covered bond regulator may remove or replace the trustee or any servicer or administrator for the estate. The removal of the trustee or any servicer or administrator does not abate any pending action or proceeding involving the estate, and any successor or other trustee, servicer, or administrator shall be substituted as a party in the action or proceeding. (H) Professionals The trustee or any servicer or administrator for an estate may employ 1 or more attorneys, accountants, appraisers, auctioneers, or other professional persons to represent or assist the trustee or the servicer or administrator in carrying out its duties. The employment of any professional person and all terms and conditions of employment, including the terms and conditions relating to compensation, shall conform to the requirements of this subtitle and the oversight program and otherwise shall be subject to the approval of the applicable covered bond regulator. (I) Approved fees and expenses Unless otherwise provided in the applicable terms and conditions of appointment or employment, all approved fees and expenses of the trustee, any servicer or administrator, or any professional person employed by the trustee or any servicer or administrator shall be payable from the estate as administrative expenses. (J) Actions by or on behalf of estate The trustee or any servicer or administrator for an estate may commence or continue judicial, administrative, or other actions, in the name of the estate or in its own name on behalf of the estate, for the purpose of collecting, realizing on, or otherwise managing the cover pool held by the estate or exercising its other powers or duties on behalf of the estate. (K) Actions against estate No court may issue an attachment or execution on any property of an estate. Except at the request of the applicable covered bond regulator or as otherwise provided in this subparagraph or subparagraph (J), no court may take any action to restrain or affect the resolution of an estate under this subtitle. No person (including the applicable indenture trustee and any applicable covered bondholder) may commence or continue any judicial, administrative, or other action against the estate, the trustee, or any servicer or administrator or take any other act to affect the estate, the trustee, or any servicer or administrator that is not expressly permitted by this subtitle, the oversight program, and the related transaction documents, except for a judicial or administrative action to compel the release of funds that— (i) are available to the estate; (ii) are permitted to be distributed under this subtitle and the oversight program; and (iii) are permitted and required to be distributed under the related transaction documents and any contracts executed by or on behalf of the estate. (L) Sovereign immunity Except in connection with a guarantee provided under paragraph (4) or any other contract executed by the applicable covered bond regulator under this section 354, the Secretary and the covered bond regulator shall be entitled to sovereign immunity in carrying out the provisions of this subtitle. (2) Borrowings and credit (A) In general Any servicer or administrator for an estate created under subsection (b)(1) or (c)(2) may borrow funds or otherwise obtain credit, on behalf of and for the benefit of the estate, from any person in compliance with this paragraph (2) solely for the purpose of providing liquidity in the case of timing mismatches among the assets and the liabilities of the estate. Except with respect to an underwriter, section 5 of the Securities Act of 1933, the Trust Indenture Act of 1939, and any State or local law requiring registration for an offer or sale of a security or registration or licensing of an issuer of, underwriter of, or broker or dealer in a security does not apply to the offer or sale under this paragraph (2) of a security that is not an equity security. (B) Conditions A servicer or administrator may borrow funds or otherwise obtain credit under subparagraph (A)— (i) on terms affording the lender only claims or liens that are fully subordinated to the claims and interests of the applicable indenture trustee and the applicable covered bondholders and all other claims against and interests in the estate, except for the residual interest, if the servicer or administrator certifies to the applicable covered bond regulator that, in the business judgment of the servicer or administrator, the borrowing or credit is in the best interests of the estate and is expected to maximize the value and the proceeds of the cover pool held by the estate; or (ii) on terms affording the lender claims or liens that have priority over or are pari passu with the claims or interests of the applicable indenture trustee or the applicable covered bondholders or other claims against or interests in the estate, if— (I) the servicer or administrator certifies to the applicable covered bond regulator that, in the business judgment of the servicer or administrator, the borrowing or credit is in the best interests of the estate and is expected to maximize the value and the proceeds of the cover pool held by the estate; and (II) the applicable covered bond regulator authorizes the borrowing or credit. (C) Limited liability A servicer or administrator shall not be liable for any error in business judgment when borrowing funds or otherwise obtaining credit under this paragraph (2) unless the servicer or administrator acted in bad faith or in willful disregard of its duties. (D) Limits on borrowings and credit Funds may not be borrowed or credit otherwise obtained under subparagraph (A)— (i) for the purpose of investing in additional portfolios of eligible assets through the issuance of new covered bonds; or (ii) otherwise for a purpose other than winding down the related covered bond program in compliance with this Act, the oversight program, and the related transaction documents. (E) Study on borrowings and credit The Comptroller General of the United States shall conduct a study on whether the Federal reserve banks should be authorized to lend funds or otherwise extend credit to an estate under this paragraph (2) and, if so, what conditions and limits should be established to mitigate any risk that the United States Government could absorb credit losses on the cover pool held by the estate. The Comptroller General shall submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the results of the study not later than 6 months after the date of enactment of this Act. (3) Distributions by estate All payments or other distributions by an estate shall be made at the times, in the amounts, and in the manner set forth in the covered bonds, the related transaction documents, and any contracts executed by or on behalf of the estate in compliance with this subtitle and the oversight program. To the extent that the relative priority of the liabilities of the estate are not specified in or otherwise ascertainable from their terms, distributions shall be made on each distribution date under the covered bonds, the related transaction documents, or any contracts executed by or on behalf of the estate— (A) first, to pay accrued and unpaid superpriority claims under paragraph (2)(B)(ii); (B) second, to pay accrued and unpaid administrative expense claims under paragraph (1)(I), paragraph (2)(B)(ii), section 354(b)(5)(A), or section 354(c)(6)(A); (C) third, to pay— (i) accrued and unpaid claims under the covered bonds and the related transaction documents according to their terms; and (ii) accrued and unpaid pari passu claims under paragraph (2)(B)(ii); and (D) fourth, to pay accrued and unpaid subordinated claims under paragraph (2)(B)(i). (4) Distributions on residual interest After all other claims against and interests in an estate have been fully and irrevocably paid or defeased, the trustee shall or shall cause a servicer or administrator to distribute the remainder of the estate to or at the direction of the owner of the residual interest. No interim distribution on the residual interest may be made before that time, unless the applicable covered bond regulator— (A) approves the distribution after determining that all other claims against and interests in the estate will be fully, timely, and irrevocably paid according to their terms; and (B) provides an indemnity, for the benefit of the estate, assuring that all other claims against and interests in the estate will be fully, timely, and irrevocably paid according to their terms. (5) Closing of estate After an estate has been fully administered, the trustee shall close the estate and, except as otherwise directed by the applicable covered bond regulator, shall destroy all records of the estate. (6) No loss to taxpayers Taxpayers shall bear no losses from the resolution of an estate under this subtitle. To the extent that the Secretary and the Corporation jointly determine that the Deposit Insurance Fund incurred actual losses that are higher because the covered bond program of an insured depository institution was subject to resolution under this subtitle rather than as part of the receivership of the institution under the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), the Corporation may exercise the powers available under section 7(b) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(b) ) to recover an amount equal to those losses after consulting with the Secretary. 355. Securities law provisions (a) Existing exemptions applicable to covered bonds (1) Treatment of certain banks and other entities Any covered bond issued or guaranteed by a bank or by an eligible issuer described in section 352(9)(D) and sponsored solely by 1 or more banks for the sole purpose of issuing covered bonds is and shall be treated as a security issued or guaranteed by a bank under section 3(a)(2) of the Securities Act of 1933 ( 15 U.S.C. 77c(a)(2) ), section 3(c)(3) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3(c)(3) ), and section 304(a)(4)(A) of the Trust Indenture Act of 1939 ( 15 U.S.C. 77ddd(a)(4)(A) ). No covered bond issued or guaranteed by a bank or by an eligible issuer described in section 352(9)(D) and sponsored solely by 1 or more banks for the sole purpose of issuing covered bonds shall be treated as an asset-backed security (as defined in section 3 of the Securities and Exchange Act of 1934 (15 U.S.C. 78c)). Each covered bond regulator for 1 or more banks shall adopt disclosure and reporting regulations for offers or sales of covered bonds by a bank or an eligible issuer described in this paragraph. Such regulations shall provide for uniform and consistent standards for such covered bond issuers, to the extent possible, and shall be consistent with existing regulations governing offers or sales of nonconvertible debt. (2) Treatment of certain associations and cooperative banks Any covered bond issued by an entity described in section 3(a)(5)(A) of the Securities Act of 1933 (15 U.S.C. 77c(a)(5)(A)) or by an eligible issuer described in section 352(9)(D) and sponsored solely by 1 or more such entities for the sole purpose of issuing covered bonds is and shall be treated as a security issued by such an entity under section 3(a)(5)(A) of the Securities Act of 1933 (15 U.S.C. 77c(a)(5)(A)), section 3(c)(3) of the Investment Company Act of 1940 (15 U.S.C. 80a-3(c)(3)), and section 304(a)(4)(A) of the Trust Indenture Act of 1939 (15 U.S.C. 77ddd(a)(4)(A)). No covered bond issued by an entity described in section 3(a)(5)(A) of the Securities Act of 1933 ( 15 U.S.C. 77c(a)(5)(A) ) or by an eligible issuer described in section 352(9)(D) and sponsored solely by 1 or more such entities for the sole purpose of issuing covered bonds shall be treated as an asset-backed security (as defined in section 3 of the Securities and Exchange Act of 1934 ( 15 U.S.C. 78c )). Each covered bond regulator for 1 or more entities described in section 3(a)(5)(A) of the Securities Act of 1933 (15 U.S.C. 77c(a)(5)(A)) shall adopt, as part of the securities regulations of the covered bond regulator, a separate scheme of registration, disclosure, and reporting obligations and exemptions for offers or sales of covered bonds that are described in this paragraph. Such regulations shall provide for uniform and consistent standards for such covered bond issuers, to the extent possible, and shall be consistent with regulations governing offers or sales of similar securities. (3) Construction No provision of this subtitle, including paragraph (1) or (2), may be construed or applied in a manner that impairs or limits any other exemption that is available under applicable securities laws. (b) Exemptions for estates Any estate that is or may be created under section 354(b)(1) or 354(c)(2) shall be exempt from all securities laws but— (1) shall be subject to the reporting requirements established by the applicable covered bond regulator under section 354(d)(1)(E)(iii); and (2) shall succeed to any requirement of the issuer to file such periodic information, documents, and reports in respect of the covered bonds as specified in section 13(a) of the Securities and Exchange Act of 1934 ( 15 U.S.C. 78m(a) ) or rules established by an appropriate Federal banking agency. (c) Exemptions for residual interests Any residual interest in an estate that is or may be created under section 354(b)(1) or 354(c)(2) shall be exempt from all securities laws. 356. Miscellaneous provisions (a) Domestic securities Section 106(a)(1) of the Secondary Mortgage Market Enhancement Act of 1984 ( 15 U.S.C. 77r–1(a)(1) ) is amended— (1) in subparagraph (C), by striking or at the end; (2) in subparagraph (D), by adding or at the end; and (3) by inserting after subparagraph (D) the following: (E) covered bonds (as defined in section 352 of the United States Covered Bond Act of 2013), . (b) Tax treatment of covered bond programs (1) Treatment of estates created under covered bond programs Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Treatment of estates created under covered bond programs For purposes of this title— (1) Treatment as disregarded entity Any estate created with respect to a covered bond program— (A) shall not be treated as an entity subject to taxation separate from the owner of the residual interest with respect to such estate; and (B) shall be treated as a disregarded entity that is owned by the owner of such residual interest. (2) Limitations on treatment as disregarded entity (A) Maximum duration Paragraph (1) shall not apply with respect to an estate after the earlier of— (i) the end of the 30-year period beginning on the date of the creation of such estate; or (ii) the end of the 180-day period beginning on the date of the final payment on the last outstanding covered bond that is secured by the cover pool held by such estate. (B) Restrictions on owner of residual interest Paragraph (1) shall apply with respect to an estate for any period only if— (i) at no time during such period does more than one person hold a residual interest with respect to such estate; (ii) such person is— (I) subject to tax under subtitle A on the net income of such estate for the taxable year of such person which includes such period; or (II) a conservator, receiver, liquidating agent, or trustee in bankruptcy with respect to the issuer for such period; and (iii) such person is not a regulated investment company (as defined in section 851) or real estate investment trust (as defined in section 856) for the taxable year which includes such period. (3) Treatment as corporation With respect to any period for which paragraph (1) does not apply to an estate created with respect to a covered bond program, such estate shall be treated as a corporation. (4) Coordination with rules for taxable mortgage pools No portion of any estate created with respect to a covered bond program shall be treated as a taxable mortgage pool for purposes of subsection (i) during any period for which paragraph (1) applies to such estate. (5) Definitions For purposes of this subsection, the terms covered bond program , cover pool , estate , and residual interest shall each have the same respective meanings as when used for purposes of the United States Covered Bond Act of 2013 . (6) Cross references (A) For nonrecognition with respect to certain transfers under covered bond programs, see section 1001(f). (B) For excise tax on estates created under covered bond programs by reason of default, see section 4475. . (2) Treatment of certain transfers under covered bond programs Section 1001 of such Code is amended by adding at the end the following new subsection: (f) Certain transfers under covered bond programs (1) In general With respect to any covered bond program, none of the following shall be treated as a taxable exchange of a covered bond to a covered bond holder or to a notional principal contract counterparty: (A) The transfer of all of the assets and liabilities of such program. (B) The creation of an estate with respect to such program. (C) The transfer of the residual interest in such estate. (2) Definitions For purposes of this subsection, the terms covered bond program , estate , and residual interest shall each have the same respective meanings as when used for purposes of the United States Covered Bond Act of 2013 . . (3) Excise tax on estates created under covered bond programs by reason of default (A) In general Chapter 36 of such Code is amended by inserting after subchapter B the following new subchapter: C Tax on certain estates created under covered bond programs Sec. 4475. Tax on estates created under covered bond programs by reason of default. 4475. Tax on estates created under covered bond programs by reason of default (a) Imposition of tax A tax is hereby imposed on the creation of an estate by operation of section 354(b)(1) of the United States Covered Bond Act of 2013 . (b) Amount of tax The tax imposed under subsection (a) with respect to the creation of any estate shall be equal to 1 percent of the principal amount of the covered bonds secured by the cover pool with respect to such estate determined as of the close of the day before the creation of such estate. (c) By whom paid The tax imposed under subsection (a) shall be paid by the issuer of the covered bonds with respect to the covered bond program with respect to which the estate referred to in subsection (a) is created. (d) No effect on cover pool The tax imposed under subsection (a) shall not reduce the assets of the cover pool and no liability for such tax shall attach to the estate or to the assets of the cover pool. (e) Refund in case of bankruptcy, etc If an issuer liable for the tax imposed under subsection (a) enters conservatorship, receivership, liquidation, or bankruptcy during the 5-year period beginning on the date of the creation of the estate referred to in subsection (a), such liability shall be extinguished and any such tax paid shall refunded to the issuer immediately upon such event. (f) Definitions For purposes of this section, the terms covered bond program , cover pool , and estate shall each have the same respective meanings as when used for purposes of the United States Covered Bond Act of 2013 . . (B) Clerical amendment The table of subchapters for chapter 36 of such Code is amended by inserting after the item relating to subchapter B the following new item: Subchapter C—Tax on certain estates created under covered bond programs . (4) Effective date The amendments made by this subsection shall apply to estates created, and transfers made, after the date of the enactment of this Act. (c) State and local taxes The Secretary may promulgate regulations under this subtitle that are similar to the provisions of section 346 of title 11, United States Code, including regulations to provide that— (1) if an estate created under section 354(b)(1) or 354(c)(2) is not treated as an entity subject to taxation separate from the owner of the residual interest for purposes of the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), no separate taxable entity shall be created with respect to the estate for purposes of any State or local law imposing a tax on or measured by income; and (2) if a transfer or assumption of an asset or liability to or by an estate or an eligible issuer under section 354(b) or 354(c) does not cause or constitute an event in which gain or loss is recognized under section 1001 of the Internal Revenue Code of 1986 ( 26 U.S.C. 1001 ), the transfer or assumption shall not cause or constitute a disposition for purposes of any provision assigning tax consequences to a disposition in connection with any State or local law imposing a tax on or measured by income. (d) No conflict The provisions of this subtitle shall apply, notwithstanding any provision of the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), title 11, United States Code, title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5381 et seq. ), or any other provision of Federal law with respect to conservatorship, receivership, liquidation, or bankruptcy. No provision of the Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ), title 11, United States Code, title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5381 et seq.), or any other provision of Federal law with respect to conservatorship, receivership, liquidation, or bankruptcy may be construed or applied in a manner that defeats or interferes with the purpose or operation of this subtitle. (e) Annual report to Congress The covered bond regulators shall, annually— (1) submit a joint report to the Congress describing the current state of the covered bond market in the United States; and (2) testify on the current state of the covered bond market in the United States before the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. IV Removing Barriers to New Investment 401. Basel III impact study (a) In general The Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency (in this section collectively referred to as the Federal banking agencies ) shall conduct an empirical study on the Regulatory Capital Rules finalized by the Board of Governors of the Federal Reserve on July 2, 2013 ( Final Rule ) in accordance with subsection (b) and release a final report in accordance with subsection (d). (b) Issues To be studied The study required under subsection (a) shall include— (1) the potential impact of the Final Rule on the financial services sector of the United States, and specifically covered financial institutions, including changes to required capital levels in the aggregate, per asset class and institution size; (2) the long-term potential impact of the Final Rule, including changes to the current risk weight framework; (3) the potential cost and complexity of the Final Rule for covered financial institutions; (4) the potential indicators of covered financial institutions having to maintain higher leverage capital ratios and higher total risk-based capital ratios than non-covered financial institutions, and if such capital levels are commensurate with higher historical losses or greater risk; (5) whether the Final Rule will cause capital levels at covered financial institutions to fluctuate with more frequency or by greater amounts than the current capital rules and what, if any, safety and soundness issues such fluctuations raise for covered financial institutions or the financial system including whether such fluctuations will make the United States financial system more or less safe than the current rules; (6) whether the Final Rule will result in the discontinuation of the use of certain risk management tools by covered financial institutions and thereby undermine the safety and soundness of covered financial institutions and the financial system; (7) the cumulative impact that the Final Rule will have on— (A) United States economic growth, in general, and specifically, on the Gross Domestic Product; (B) the availability and cost of credit, both generally and in low- and moderate-income areas; (C) the availability and cost of residential mortgages and home equity lines of credit, auto loans, student loans, and commercial loans, including small business loans; and (D) regulatory capital levels, capital quality, asset quality, and risk management at covered financial institutions. (c) Voluntary participation Any financial institution may voluntarily provide information for the study upon the request of the Federal banking agencies, but may not be required to provide such information. (d) Final Report (1) Availability to the public A final report on the completed study required under subsection (a) shall be made available to the public for notice and comment for a period of not less than 90 days. (2) Report to Congress The Federal banking agencies shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and testify before such committees, on the results of the study required under subsection (a) and a summary of the comments received under paragraph (1). (3) Review The Federal banking agencies shall review any comments submitted under paragraphs (1) and (2) and considerations provided pursuant to paragraphs (1) and (2), and following such review, shall prescribe new rules, if appropriate, based on the results of the study and such comments and considerations. Notwithstanding any other provision of law, a new rulemaking following such comment period shall include an additional comment period of not less than 90 days. (e) Delay of rulemaking The Final Rule may not take effect for a covered financial institution until the later of— (1) 2 years after the date of the enactment of this Act; and (2) 1 year after the promulgation of revised rules in accordance with subsection (d)(3) or a determination by the Federal banking agencies that no revised rules are needed in accordance with that subsection, which shall be published in the Federal Register. (f) Definition of covered financial institution For purposes of this section, the term covered financial institution means any bank, thrift, bank holding company, and savings and loan holding company (as such terms are defined under section 3 of the Federal Deposit Insurance Act) other than a bank, thrift, bank holding company, or savings and loan holding company identified by the Financial Stability Board as a global systemically important bank , as of the date of the enactment of this Act. 402. Basel III Liquidity Coverage Ratio amendments (a) In general In implementing the Basel III Liquidity Coverage Ratio amendments, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, and the Office of the Comptroller of the Currency may not require, as a condition for status as a high quality liquid asset, that residential mortgage-backed securities be collateralized only by (or be collateralized by a certain percentage of) full recourse mortgage loans. (b) Definition The term Basel III Liquidity Coverage Ratio amendments means the amendments to the Liquidity Coverage Ratio endorsed by the Basel Committee on Banking Supervision on January 6, 2013. 403. Definition of points and fees (a) Amendment to section 103 of TILA Section 103(bb)(4) of the Truth in Lending Act ( 15 U.S.C. 1602(bb)(4) ) is amended— (1) by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C ; (2) in subparagraph (A), by striking except interest or the time-price differential and inserting the following: except— (i) interest and the time-price differential; and (ii) the amount of any loan level price adjustment payment set by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or similar governmental entity or government-sponsored enterprise ; (3) by striking subparagraph (B) and inserting the following new subparagraph: (B) all compensation paid directly by a consumer to a mortgage originator, including a mortgage originator that is also the creditor in a table-funded transaction, but not including compensation paid by a mortgage originator or a creditor to an individual employed by the mortgage originator or creditor ; (4) in subparagraph (C)— (A) by inserting and insurance after taxes ; (B) in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(7)) after compensation ; and (C) by striking clause (iii) and inserting the following: (iii) the charge is— (I) a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or (II) a charge set forth in section 106(e)(1); ; and (5) in subparagraph (D)— (A) by striking accident, ; and (B) by striking or any payments and inserting and any payments . (b) Amendment to section 129C of TILA Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ) is amended— (1) in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator and inserting 103(bb)(4) ; and (2) in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4) . 404. Exclusion of issuers of asset-backed securities from covered funds Section 13(h)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851(h)(2) ) is amended— (1) by striking private equity fund mean an issuer and inserting the following: private equity fund — (A) mean an issuer ; (2) by striking the period and inserting ; and ; and (3) by adding at the end the following: (B) does not include an issuer, if such issuer is described under subparagraph (A) solely because such issuer issues asset-backed securities (as such term is defined under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))). . 405. Suspension of regulation AB II rulemaking Section 4 of the Securities Act of 1933 (15 U.S.C. 77d) is amended— (1) by redesignating the two subsections following subsection (a) (each designated as subsection (b)) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: (b) With respect to paragraphs (1) and (2) of subsection (a), or any rule or regulation promulgated thereunder or in furtherance thereof (including Rule 144, Rule 144A and Rule 506), the Commission shall not condition the availability of the exemptions afforded by any such paragraph, rule, or regulation upon an issuer’s undertaking to provide to investors, in connection with initial offers or sales or on an ongoing basis thereafter, the same or substantially similar information as would be required in a transaction to which section 5 applies. . 406. Effective date of certain mortgage reform regulations (a) In general Section 1400(c) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (15 U.S.C. 1601 note) is amended— (1) in paragraph (1), by amending subparagraph (B) to read as follows: (B) take effect 24 months after the issuance of the regulations in final form, or such later time as specified by regulation. ; and (2) by striking paragraph (3). (b) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as if included in such Act. 407. Repeal of credit risk retention regulations (a) In general (1) Dodd-Frank The Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5301 et seq. ) is amended— (A) by striking section 941; and (B) in the table of contents for such Act, by striking the item relating to section 941. (2) Securities Exchange Act of 1934 The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended— (A) in section 3(a), by striking paragraph (77) (relating to asset-backed security), as added by section 941(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act; and (B) by striking section 15G. (b) Prohibition on risk retention and premium capture cash reserve accounts The Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Bureau of Consumer Financial Protection, and the Securities and Exchange Commission may not issue any rule or regulation to require risk retention, the creation or maintenance of a premium capture cash reserve account, or any similar mechanism, unless directly authorized by an Act of Congress. (c) Effective date The amendments made by subsection (a) shall take effect on the date of the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as if included in such Act. 408. Mortgages in qualified securities Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ), as amended by section 411(1), is further amended by inserting after subsection (e) the following: (f) Mortgages in qualified securities This section and any regulations promulgated under this section do not apply to a mortgage serving as collateral for a qualified security, as such term is defined under section 321 of the Protecting American Taxpayers and Homeowners Act of 2013. . 409. Mortgage loans held in portfolio (a) Home Mortgage Disclosure Act of 1975 Section 304(g) of the Home Mortgage Disclosure Act of 1975 ( 12 U.S.C. 2803(g) ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period and inserting ; and ; and (3) by adding at the end the following: (3) made by the creditor, so long as such loan appears on the balance sheet of such creditor. . (b) Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 129C ( 15 U.S.C. 1639c ), as amended by section 408, by inserting after subsection (f) the following: (g) Mortgage loans held in portfolio This section and any regulations promulgated under this section do not apply to a residential mortgage loan made by the creditor so long as such loan appears on the balance sheet of such creditor. ; and (2) in section 129D ( 15 U.S.C. 1639d ), by adding at the end the following: (k) Mortgage loans held in portfolio This section and any regulations promulgated under this section do not apply to a residential mortgage loan made by the creditor so long as such loan appears on the balance sheet of such creditor. . 410. Repeal of certain mortgage-related provisions (a) Repeal Sections 1413, 1431, and 1432 of the Dodd-Frank Wall Street Reform and Consumer Protection Act are hereby repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Clerical amendment The table of contents for the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the items relating to sections 1413, 1431, and 1432. 411. Amendments to the Truth in Lending Act The Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) is amended— (1) in section 129 ( 15 U.S.C. 1639 )— (A) in subsection (b)(3), by adding at the end the following: The Bureau may not, by regulation or otherwise, prohibit a consumer from modifying or waiving the rights provided to the consumer under this subsection. ; and (B) in subsection (u), by adding at the end the following: (4) Ensuring access to counseling services for rural communities Certification described under paragraph (1) may be provided by a person who operates an online or telephone-operated counseling service approved by the Secretary of Housing and Urban Development or by an online or telephone-operated counseling service operated by the Department of Housing and Urban Development. (5) Effective date Notwithstanding section 1400(c) of the Mortgage Reform and Anti-Predatory Lending Act, this subsection shall take effect after the end of the 1-year period beginning on the earlier of— (A) the date on which the first online or telephone-operated counseling service is approved under paragraph (4); and (B) the date on which the Department of Housing and Urban Development begins providing online or telephone-operated counseling services described under paragraph (4). ; (2) in section 129C ( 15 U.S.C. 1639c )— (A) in subsection (b)(2)(A)(viii), by striking 30 and inserting 40 ; (B) by striking subsections (c), (d), and (e); and (C) by redesignating subsections (f), (g), (h), and (i) as subsections (c), (d), (e), and (f), respectively; and (3) in section 129E(k)(1) ( 15 U.S.C. 1639e(k)(1) ) by inserting after this section the following: , other than subsection (e), . 412. Financial Institutions Examination Fairness and Reform (a) Timeliness of examination reports The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ) is amended by adding at the end the following: 1012. Timeliness of examination reports (a) In general (1) Final examination report A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of— (A) the exit interview for an examination of the institution; or (B) the provision of additional information by the institution relating to the examination. (2) Exit interview If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Office of Examination Ombudsman describing with particularity the reasons that a longer period is needed to complete the examination. (b) Examination materials Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination. . (b) Examination standards (1) In general The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1012 the following: 1013. Examination standards (a) In general In the examination of financial institutions— (1) a commercial loan shall not be placed in non-accrual status solely because the collateral for such loan has deteriorated in value; (2) a modified or restructured commercial loan shall be removed from non-accrual status if the borrower demonstrates the ability to perform on such loan over a maximum period of 6 months, except that with respect to loans on a quarterly, semiannual, or longer repayment schedule such period shall be a maximum of 3 consecutive repayment periods; (3) a new appraisal on a performing commercial loan shall not be required unless an advance of new funds is involved; (4) in classifying a commercial loan in which there has been deterioration in collateral value, the amount to be classified shall be the portion of the deficiency relating to the decline in collateral value and repayment capacity of the borrower. (b) Well capitalized institutions The Federal financial institutions regulatory agencies may not require a financial institution that is well capitalized to raise additional capital in lieu of an action prohibited under subsection (a). (c) Consistent loan classifications The Federal financial institutions regulatory agencies shall develop and apply identical definitions and reporting requirements for non-accrual loans. . (2) Definition of material supervisory determination Section 309(f)(1)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806(f)(1)(A)) is amended— (A) in clause (ii), by striking and at the end; and (B) by inserting after clause (iii) the following: (iv) any issue specifically listed in an exam report as a matter requiring attention by the institution’s management or board of directors; and . (c) Examination Ombudsman (1) In general The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1013 the following: 1014. Office of Examination Ombudsman (a) Establishment There is established in the Council an Office of Examination Ombudsman. (b) Head of office There is established the position of the Ombudsman, who shall serve as the head of the Office of Examination Ombudsman, and who shall be hired separately by the Council and shall be independent from any member agency of the Council. (c) Staffing The Ombudsman is authorized to hire staff to support the activities of the Office of Examination Ombudsman. (d) Duties The Ombudsman shall— (1) receive and, at the Ombudsman’s discretion, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; (2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; (3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; (4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; (5) process any supervisory appeal initiated under section 1015 or section 309(e) of the Riegle Community Development and Regulatory Improvement Act of 1994; and (6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council’s recommendations for improvements in examination procedures, practices, and policies. (e) Confidentiality The Ombudsman shall keep confidential all meetings, discussions, and information provided by financial institutions. . (2) Definition Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 is amended— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by adding and at the end; and (C) by adding at the end the following: (4) the term Ombudsman means the Ombudsman established under section 1014(a). . (d) Right To appeal before an independent administrative law judge The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1014 the following: 1015. Right to appeal before an independent administrative law judge (a) In general A financial institution shall have the right to appeal a material supervisory determination contained in a final report of examination. (b) Notice (1) Timing A financial institution seeking an appeal under this section shall file a written notice with the Ombudsman within 60 days after receiving the final report or examination that is the subject of such appeal. (2) Identification of determination The written notice shall identify the material supervisory determination that is the subject of the appeal, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. (3) Information to be provided to institution Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. (c) Hearing before independent administrative law judge (1) In general The Ombudsman shall determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. (2) Hearing procedures If a hearing is requested by the financial institution, the hearing shall— (A) take place not later than 60 days after the notice of the appeal was received by the Ombudsman; and (B) be conducted pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code. (3) Judge recommendation; standard of review In any hearing under this subsection— (A) the administrative law judge shall recommend to the Ombudsman what determination should be made; and (B) in making such recommendation, the administrative law judge shall not defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency’s decision based upon the relevant statutes, regulations, and other appropriate guidance. (d) Final decision A decision by the Ombudsman on an appeal under this section shall— (1) be made not later than 60 days after the record has been closed; and (2) be final agency action and shall bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. (e) Report The Ombudsman shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken on appeals under this section, including the types of issues that financial institutions have appealed and the results of those appeals. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. (f) Retaliation prohibited A Federal financial institution’s regulatory agency may not— (1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or (2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section. . (e) Additional amendments (1) Riegle Community Development and Regulatory Improvement Act of 1994 Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4806 ), is amended— (A) in subsection (a), by inserting after appropriate Federal banking agency the following: , the Bureau of Consumer Financial Protection, ; (B) in subsection (b)— (i) in paragraph (2), by striking the appellant from retaliation by agency examiners and inserting the insured depository institution or insured credit union from retaliation by the agencies referred to in subsection (a) ; and (ii) by adding at the end the following flush-left text: For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution’s or credit union’s rights under this section. ; and (C) in subsection (e)(2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection. . (2) Federal Deposit Insurance Act Section 18(x) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(x) ) is amended by inserting the Bureau of Consumer Financial Protection, before any Federal banking agency each place such term appears. (3) Federal Credit Union Act Section 205(j) of the Federal Credit Union Act ( 12 U.S.C. 1785(j) ) is amended by inserting the Bureau of Consumer Financial Protection, before the Administration each place such term appears. (4) Technical corrections The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ) is amended— (A) in section 1003(1), by striking the Office of Thrift Supervision, ; and (B) in section 1005, by striking One-fifth and inserting One-fourth . 413. Notice of junior mortgage or lien With respect to the dwelling of a borrower that serves as security for a securitized senior mortgage loan, if the borrower enters into any credit transaction that would result in the creation of a new mortgage or other lien on such dwelling, the creditor of such new mortgage or other lien shall notify the servicer of the senior mortgage loan of the existence of the new mortgage or other lien. 414. Limitation on mortgages held by loan servicers (a) Limitation Neither the servicer of a residential mortgage loan, nor any affiliate of such servicer, may own, or hold any interest in, any other residential mortgage loan that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on the same dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the residential mortgage loan serviced by the servicer. (b) Definitions For purposes of this section, the following definitions shall apply: (1) Affiliate The term affiliate has the meaning given such term under section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)). (2) Residential mortgage loan The term residential mortgage loan means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. (3) Servicer The term servicer has the meaning provided such term in section 129A of the Truth in Lending Act, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans) if such person also services the loan. (c) Interests For purposes of subsection (a), ownership of, or holding an interest in, a residential mortgage loan includes ownership of, or holding an interest in— (1) a pool of residential mortgage loans that contains such residential mortgage loan; or (2) any security based on or backed by a pool of residential mortgage loans that contains such residential mortgage loan. (d) Effective date This section shall apply— (1) with respect to the servicer (or affiliate of the servicer) of a residential mortgage loan that is originated after the date of the enactment of this Act, on such date of enactment; and (2) with respect to the servicer (or affiliate of the servicer) of a residential mortgage loan that is originated on or before the date of the enactment of this Act, upon the expiration of the 12-month period beginning upon such date of enactment. V Miscellaneous Provisions 501. Preserving access to manufactured housing (a) Amendment to mortgage originator definition Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in paragraph (2)(C)(ii) of the matter proposed to be added to section 103 of the Truth in Lending Act, by striking an employee of a retailer of manufactured homes who is not described in clause (i) or (iii) of subparagraph (A) and who does not advise a consumer on loan terms (including rates, fees, and other costs) and inserting a retailer of manufactured or modular homes or its employees unless such retailer or its employees receive compensation or gain for engaging in activities described in subparagraph (A) that is in excess of any compensation or gain received in a comparable cash transaction . (b) Technical amendments Section 1401 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended, in the matter proposed to be added to section 103 of the Truth in Lending Act, by redesignating subsection (cc) as subsection (dd). (c) Effective date The amendments made by this section shall take effect as if included in the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act to which they relate. 502. Common sense economic recovery (a) Short title This section may be cited as the Common Sense Economic Recovery Act of 2013 . (b) Treatment of certain loans (1) In general For purposes of determining capital requirements or measuring capital of an insured depository institution under section 38 of the Federal Deposit Insurance Act (12 U.S.C. 1831o) or any other provision of law or regulatory guidance, an insured depository institution that would otherwise be required to treat a loan as a non-accrual loan may treat such loan as an accrual loan, if— (A) the loan is current; (B) during the previous 6-month period, no monthly payment on the loan has been more than 30 days delinquent; and (C) the payments on the loan are being made pursuant to the contractual terms of the loan agreement and any refinances and modifications that are agreed to by all of the parties. (2) Demonstration of ability To perform on a loan Notwithstanding paragraph (1), a modified or restructured loan may not be treated as a non-accrual loan if the borrower demonstrates the ability to perform on such a loan— (A) over a period of 6 months; or (B) with respect to a loan on a quarterly, semi-annual, or longer repayment schedule, over a period of 3 consecutive payments. (3) No additional adverse treatment With respect to a loan held by an insured depository institution and treated as an accrual loan by reason of paragraph (1), an appropriate Federal banking agency may not impose any additional accounting requirements on such institution with respect to such loan compared to the requirements that would otherwise have been placed on such institution with respect to such loan if such loan were not being treated as an accrual loan by reason of paragraph (1), if the result of such additional requirement would adversely impact the measurement of capital of the institution. (4) Prohibition on the re-Classification of loans based solely on collateral value An appropriate Federal banking agency may not require an insured depository institution to treat a loan as a non-accrual loan solely on the basis that the collateral of such loan has reduced in value. (5) Provisions not applicable to publicly traded institutions This subsection shall not apply with respect to any issuer of a security registered pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ). (c) Study (1) In general The Financial Stability Oversight Council shall conduct a study of how best to prevent contradictory guidance from being issued by appropriate Federal banking agencies to insured depository institutions with respect to loan classifications and capital requirements. (2) Report Not later than the end of the 60-day period beginning on the date of the enactment of this Act, the Financial Stability Oversight Council shall issue a report to the Congress containing— (A) all determinations and conclusions made by the Council in carrying out the study required under paragraph (1); and (B) legislative recommendations that the Council believe will prevent contradictory guidance from being issued by appropriate Federal banking agencies to insured depository institutions with respect to loan classifications and capital requirements. (d) Definitions For purposes of this section: (1) Appropriate Federal banking agency The term appropriate Federal banking agency — (A) has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) means the National Credit Union Administration Board, in the case of a credit union. (2) Insured depository institution The term insured depository institution means— (A) an insured depository institution, as defined under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); and (B) a credit union. (e) Sunset Effective after the end of the 2-year period beginning on the date of the enactment of this Act, this section shall cease to have any force or effect. 503. Technical Amendments to Federal Home Loan Bank Act (a) In general Section 10 of the Federal Home Loan Bank Act ( 12 U.S.C. 1430 ) is amended— (1) in subsection (a)— (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following: (6) Report on collateral The Director shall annually report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on the collateral pledged to the Banks, including an analysis of collateral by type and by Bank district. ; (2) by striking subsection (g); and (3) in subsection (j)(12), by striking subparagraphs (C) and (D). (b) Initial report The Director of the Federal Housing Finance Agency shall make the first report required under section 10(a)(7) of the Federal Home Loan Bank Act, as added by subsection (a), not later than the end of the 180-day period beginning on the date of the enactment of this Act. 504. Preservation of attorney-client privilege for information provided to FHFA Section 1317 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C.4517) is amended by adding at the end the following new subsection: (j) Privileges not affected by disclosure to Agency (1) In general The submission by any person of any information to the Agency for any purpose in the course of any supervisory or regulatory process of the Agency shall not be construed as waiving, destroying, or otherwise affecting any privilege such person may claim with respect to such information under Federal or State law as to any person or entity other than such Agency. (2) Rule of construction No provision of paragraph (1) may be construed as implying or establishing that— (A) any person waives any privilege applicable to information that is submitted or transferred under any circumstance to which paragraph (1) does not apply; or (B) any person would waive any privilege applicable to any information by submitting the information to the Agency, but for this subsection. . 505. FHFA Liaison Membership in Federal Financial Institutions Examination Council Section 1007 of the Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3306 ) is amended— (1) in the section heading, by inserting after state the following: and Federal Housing Finance Agency ; (2) in the first sentence, by inserting after financial institutions the following: , and one representative of the Federal Housing Finance Agency, ; and (3) in the last sentence, by inserting State after among the . 506. Recognition of FHFA enforcement authority with regard to regulated entities Section 1125(c) of the Financial Institution Reform, Recovery and Enforcement Act of 1989 ( 12 U.S.C. 3354(c) ; as added by section 1473(q) of the Dodd Frank Wall Street Reform and Consumer Protection Act) is amended— (1) in paragraph (1), by striking and at the end; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) with respect to any regulated entity (as such term is defined in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 )), the Federal Housing Finance Agency; and . 507. Exception from Right to Financial Privacy Act for FHFA as conservator or receiver Section 1113(o) of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3413(o) ) is amended— (1) by striking (o) and inserting (o)(1) ; and (2) by adding at the end the following new paragraph: (2) This title shall not apply to the examination by or disclosure to the Federal Housing Finance Agency or its employees or agents of financial records or information in the exercise of its supervisory or regulatory functions, including conservatorship and receivership functions, with respect to any regulated entity or other person participating in the conduct of the affairs thereof. . 508. Technical amendment to Federal Housing Enterprises Financial Safety and Soundness Act of 1992 Section 1368(d) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4618(d)) is amended by striking Committee on Banking, Finance and Urban Affairs and inserting Committee on Financial Services . 509. Application of presumption to enterprise streamlined refinancings Section 129C(b)(3)(B)(ii) of the Truth in Lending Act ( 15 U.S.C. 1639c(b)(3)(B)(ii) ; as added by section 1412 of the Dodd Frank Wall Street Reform and Consumer Protection Act) is amended— (1) by inserting after administer, the following: or that are owned or guaranteed by an entity regulated or supervised by such agency, ; and (2) by adding at the end the following new subclause: (V) The Federal Housing Finance Agency, with regard to mortgages owned or guaranteed by an entity regulated or supervised by such agency. . 510. FHFA authority to regulate and examine contractual counterparties Section 1317 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, as amended by the preceding provisions of this Act, is further amended ( 12 U.S.C. 4517 ) by adding at the end the following new subsection: (k) Regulation and examination of contractual counterparties (1) Authority When a regulated entity or the Office of Finance causes to be performed for itself, by contract or otherwise and whether on or off its premises, any services authorized to that regulated entity or the Office of Finance by its authorizing statute or the Federal Housing Enterprises Financial Safety and Soundness Act of 1992— (A) such performance shall be subject to regulation and examination by the Federal Housing Finance Agency to the same extent as if such services were being performed by the regulated entity or the Office of Finance itself on its own premises, and (B) the regulated entity or the Office of Finance shall notify the Director of the existence of the service relationship within thirty days after the making of such service contract or the performance of the service, whichever occurs first. (2) Regulations and orders The Director may issue such regulations and orders as may be necessary to enable the Agency to administer and to carry out the purposes of this subsection and to prevent evasions thereof. . 511. Election of directors of a merged Federal Home Loan Bank Section 7 of the Federal Home Loan Bank Act ( 12 U.S.C. 1427 ) is amended— (1) in subsection (a)(1), by inserting and subsection (d) after paragraphs (2) through (4) ; (2) in subsection (b)— (A) in the matter preceding paragraph (2)— (i) by striking Each and inserting (1)(A) Except as provided in subsection (d), each ; (ii) by inserting (B) before No person ; (iii) by inserting (C) before As used ; and (iv) in the third sentence— (I) by striking this subsection and inserting subparagraph (A) ; and (II) by striking home loan bank and inserting Home Loan Bank ; and (B) in paragraph (2)(A)(ii), by inserting or subsection (d)(4), if applicable, after paragraph (1) ; (3) by striking subsections (c), (d), and (h); (4) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (5) by inserting after subsection (b) the following: (c) Allocation of member directorships among States in bank district (1) Designation of member location The Director shall designate the State in which each member of each Federal Home Loan Bank shall be deemed to be located for the purposes of this subsection and subsections (b) and (d), and may from time to time change any such designation. If the principal place of business of any Bank member is located in a State within the district of the Bank of which it is a member, the Director shall designate that State as the State in which the member shall be deemed to be located for those purposes. (2) Stock-based allocation of designated member directorships The number of member directorships designated as representing the members located in each separate State in a Federal Home Loan Bank district shall be determined by the Director in the approximate ratio of the percentage of the required stock, as prescribed by regulation of the Director, of the members located in that State at the end of the calendar year next preceding the date of the election to the total required stock, as so determined, of all members of the Bank as of that same date. (3) Limitations on stock-based allocations Except as provided in subsection (d), the following provisions shall apply to the allocation of member directorships among the States of a Bank district, notwithstanding the requirements of paragraph (2): (A) In the case of each State, the number of member directorships designated as representing the members located in that State shall not be less than one and shall not be more than six. (B) If at any time the number of member directorships designated as representing the members located in any State would not be at least equal to the total number of member directorships which, on December 31, 1960, were filled by officers or directors of members whose principal places of business were located in that State, the Director shall add to the board of directors of the Bank of the district in which that State is located such number of member directorships, and shall so designate the directorship or directorships thus added, that the number of member directorships designated as representing the members located in that State will equal said total number. Any member directorship so added shall exist only until the expiration of its first term. (d) Board size, composition, and elections for combined Banks Notwithstanding any other provision of this section, the following requirements shall apply to the size and composition of, and the election of directors to, the board of any Bank created as result of the combination of two or more Banks under section 26: (1) Board size The management of a combined Bank shall be vested in a board of 15 directors, or such lesser number as the Director determines appropriate, consistent with the safe and sound operation of the combined Bank. (2) Board makeup The Director shall establish the respective number of member directorships and independent directorships for the board of the combined Bank such that— (A) member directors shall comprise at least the majority of the members of the board of directors; and (B) independent directors shall comprise not fewer than 2/5 of the members of the board of directors. (3) Allocation of member directorships The Director shall allocate the member directorships of the board of a combined Bank among the States of the Bank district in accordance with the requirements of subsection (c)(2), except that— (A) no State shall be allocated more than two member directorships until every state has been allocated at least one member directorship; and (B) if, after the Director has allocated all but one of the member directorships, there remain any States to which no member directorship has yet been allocated, then the Director shall allocate the remaining member directorship to represent the members located in all of the States that have not otherwise been allocated a member directorship. (4) Election of directors The directors of a combined Bank shall be nominated and elected as provided in subsection (b), except that, in the case of a member directorship that has been designated as representing the members of two or more States pursuant to paragraph (3)(B), the following requirements shall apply in lieu of those set forth in subsection (b)(1)(A): (A) The directorship shall be filled by a person who is an officer or director of a member located in one of the States represented. (B) Each member located in each State represented shall be entitled to nominate an eligible person to fill the directorship, and the member director shall be elected from persons so nominated by a plurality of the votes that those members may cast under subparagraph (C). (C) Each member located in each State represented may cast a number of votes equal to the number of shares of stock in the Bank required to be held by the member at the end of the calendar year next preceding the election, but not in excess of the average number of shares of stock in the Bank required to be held at the end of that year by the respective members of the Bank located in those States. (5) Initial directors for newly combined Banks The following requirements shall apply to the selection of the individuals to serve as the initial directors of a combined Bank as of the effective date of the combination: (A) The terms of office of any directors of the combining Banks who do not become directors of the combined Bank shall terminate as of the effective date of the combination. (B) The individuals to serve as the initial directors of a newly combined Bank shall be chosen from among the incumbent directors of the predecessor Banks serving immediately prior to the effective date of the combination of those Banks and shall be— (i) as designated by the Director in the case of a Bank created from a combination of two or more Banks pursuant to a reorganization under section 26(a); and (ii) as agreed upon among the merging Banks and approved by the Director in the case of a Bank created from a voluntary merger of two or more Banks pursuant to section 26(b). (C) Each initial director of the combined Bank shall be entitled to serve for the remainder of the term of office that the director had with the predecessor Bank. Terms served as a director of a predecessor Bank shall be counted as being served as a director of the combined Bank for purposes of determining term limits under subsection (e)(3). (D) Beginning with the first election of directors occurring after the combination of the predecessor Banks, the Director shall adjust the term of any directorship of the combined Bank as necessary to achieve and maintain the staggering of terms that is required under subsection (e)(2). (e) Terms; rules and regulations governing nominations and elections (1) Terms Except as provided in paragraph (2), the term of each Federal Home Loan Bank director shall be 4 years. (2) Adjustment of terms The Director shall adjust the terms of members from time to time as necessary to ensure that the terms of the members of the board of directors are staggered with approximately 1/4 of the terms expiring each year. (3) Term limits If any person has been elected to each of three consecutive full terms as a director of a Federal Home Loan Bank and has served for all or part of each of those terms, that person shall not be eligible for election to a directorship of that Bank for a term which begins earlier than two years after the expiration of the last expiring of the three terms. (4) Rules and regulations governing nominations and elections The Director is hereby authorized to prescribe such rules and regulations as the Director may deem necessary or appropriate for the nomination and election of directors of Federal Home Loan Banks, including, without limitation on the generality of the foregoing, rules and regulations with respect to the breaking of ties and with respect to the inclusion of more than one directorship on a single ballot and the methods of voting and of determining the results of voting in such cases. ; (6) in subsection (f), as so redesignated, by striking the first and second sentences; (7) in subsection (h), as so redesignated— (A) by striking home loan bank each place such term appears and inserting Home Loan Bank ; and (B) in paragraph (1), by striking such bank and the bank and inserting such Bank and the Bank , respectively; (8) in subsection (i)(1)— (A) by striking bank and inserting Bank ; and (B) by striking board and inserting Director ; (9) in subsection (j), by striking bank and inserting Bank ; and (10) by striking the second subsection (l), as added by section 1202(8) of the Housing and Economic Recovery Act of 2008.

https://www.govinfo.gov/content/pkg/BILLS-113hr2767ih/xml/BILLS-113hr2767ih.xml

113-hr-2768

I 113th CONGRESS 1st Session H. R. 2768 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend the Internal Revenue Code of 1986 to clarify that a duty of the Commissioner of Internal Revenue is to ensure that Internal Revenue Service employees are familiar with and act in accord with certain taxpayer rights. 1. Short title This Act may be cited as the Taxpayer Bill of Rights Act of 2013 . 2. Duty to ensure that IRS employees are familiar with and act in accord with certain taxpayer rights Section 7803 (a) of the Internal Revenue Code of 1986 is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Execution of Duties in Accord with Taxpayer Rights In discharging his duties, the Commissioner shall ensure that employees of the Internal Revenue Service are familiar with and act in accord with taxpayer rights as afforded by other provisions of this title, including— (A) the right to be informed, (B) the right to be assisted, (C) the right to be heard, (D) the right to pay no more than the correct amount of tax, (E) the right of appeal, (F) the right to certainty, (G) the right to privacy, (H) the right to confidentiality, (I) the right to representation, and (J) the right to a fair and just tax system. . Passed the House of Representatives July 31, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr2768eh/xml/BILLS-113hr2768eh.xml

113-hr-2769

I 113th CONGRESS 1st Session H. R. 2769 IN THE HOUSE OF REPRESENTATIVES AN ACT To impose a moratorium on conferences held by the Internal Revenue Service. 1. Short title This Act may be cited as the Stop Playing on Citizens’ Cash Act . 2. Moratorium on IRS conferences The Internal Revenue Service shall not hold any conference until the Treasury Inspector General for Tax Administration submits a report to Congress— (1) certifying that the Internal Revenue Service has implemented all of the recommendations set out in such Inspector General’s report titled Review of the August 2010 Small Business/Self-Employed Division’s Conference in Anaheim, California , and (2) describing such implementation. Passed the House of Representatives July 31, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr2769eh/xml/BILLS-113hr2769eh.xml

113-hr-2770

I 113th CONGRESS 1st Session H. R. 2770 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. George Miller of California (for himself, Mr. Tierney , Mr. Rangel , Mr. Nadler , Mr. Bishop of New York , Mrs. Napolitano , Mr. Grijalva , Ms. Schakowsky , Ms. Lee of California , Ms. Norton , Mr. Scott of Virginia , Mr. Cartwright , Mr. Huffman , Mr. Hinojosa , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide subsidized employment for unemployed, low-income adults, provide summer employment and year-round employment opportunities for low-income youth, and carry out work-related and educational strategies and activities of demonstrated effectiveness, and for other purposes. 1. Short title This Act may be cited as the Pathways Back to Work Act of 2013 . 2. Establishment of Pathways Back to Work Fund (a) Establishment There is established in the Treasury of the United States an account, which shall be known as the Pathways Back to Work Fund (referred to in this Act as the Fund ), consisting of the amounts as are paid to the Fund under subsection (b). (b) Payment into the fund Out of any amounts in the general fund of the Treasury not otherwise appropriated, there is appropriated $12,500,000,000, which shall be paid to the Fund, to be used by the Secretary of Labor to carry out this Act. (c) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor through December 31, 2014, and shall be available for expenditure by recipients of grants and subgrants under this Act through September 30, 2015. 3. Availability of funds (a) In general Using the amounts available through the Fund under section 2(b), the Secretary of Labor shall, subject to subsection (b)— (1) allot $8,000,000,000 in accordance with section 4 to provide subsidized employment to unemployed, low-income adults; (2) allot $2,500,000,000 in accordance with section 5 to provide summer employment and year-round employment opportunities to low-income youth; and (3) use $2,000,000,000 in accordance with section 6 to award grants on a competitive basis to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income adults and low-income youth to provide the skills and assistance needed to obtain employment. (b) Reservation The Secretary of Labor may reserve not more than 1 percent of the amounts available through the Fund under each of paragraphs (1) through (3) of subsection (a) to pay for the costs of technical assistance, evaluations, and Federal administration of this Act. 4. Subsidized employment for unemployed, low-income adults (a) In general (1) Allotments From the funds available under section 3(a)(1), the Secretary of Labor shall make an allotment under subsection (b) to each State that has a State plan approved under subsection (c) and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) that meets the requirements of this section, for the purpose of providing subsidized employment opportunities to unemployed, low-income adults. (2) Guidance Not later than 30 days after the date of enactment of this Act, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State and local plans and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. (b) State allotments (1) Reservations for outlying areas and tribes Of the funds described in subsection (a)(1), the Secretary shall reserve— (A) not more than 1/4 of 1 percent to provide assistance to outlying areas to provide subsidized employment to unemployed, low-income adults; and (B) 1.5 percent to provide assistance to recipients under section 166(c) of the Workforce Investment Act of 1998 (relating to Native Americans; 29 U.S.C. 2911(c) ) to provide subsidized employment to unemployed, low-income adults. (2) States After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a)(1) among the States by allotting— (A) one-third on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (B) one-third on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (C) one-third on the basis of the relative number of disadvantaged adults and youth in each State, compared to the total number of disadvantaged adults and youth in all States. (3) Definitions For purposes of the formula described in paragraph (2)— (A) Area of substantial unemployment The term area of substantial unemployment means any contiguous area that has a population of at least 10,000, and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. (B) Disadvantaged adult or youth The term disadvantaged adult or youth means an individual who is age 16 or older (subject to section 132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998 (29 U.S.C. 2862(b)(1)(B)(v)(I))) who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Excess number The term excess number means, used with respect to unemployed individuals in a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (4) Reallotment If the Governor of a State does not submit a State plan by the date specified in subsection (c)(2)(B), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3). (c) State plan (1) In general For a State to be eligible to receive an allotment of funds under subsection (b), the Governor of the State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require. At a minimum, such plan shall include— (A) a description of the strategies and activities to be carried out by the State, in coordination with employers in the State, to provide subsidized employment opportunities to unemployed, low-income adults, including strategies relating to the level and duration of subsidies consistent with subsection (e)(2); (B) a description of the requirements the State will apply relating to the eligibility of unemployed, low-income adults, consistent with section 8, for subsidized employment opportunities, which requirements may include criteria to target assistance to particular categories of such adults, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (C) a description of how the funds allotted to provide subsidized employment opportunities will be administered in the State and (if administered by entities described in subsection (d)(1)(A)) in local areas, in accordance with subsection (d); (D) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b); (E) a description of the coordination of activities to be carried out with the funds provided under this section with activities under title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (referred to in this Act as the TANF program ; 42 U.S.C. 601 et seq. ) and other appropriate Federal and State programs that may assist unemployed, low-income adults in obtaining and retaining employment; (F) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of unemployed, low-income adults expected to be placed in subsidized employment by calendar quarter; (G) assurances that the State will report such information as the Secretary of Labor may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (H) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a). (2) Submission and approval of State plan (A) Submission with other plans The State plan described in paragraph (1) may be submitted in conjunction with the State plan modification or other request for funds by the State required under section 5, and may be submitted as a modification to a State plan that has been approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ). (B) Submission and approval (i) Submission The Governor shall submit the State plan described in paragraph (1) to the Secretary of Labor not later than 75 days after the date of enactment of this Act and the Secretary of Labor shall make a determination regarding the approval or disapproval of such plan not later than 45 days after the submission of such plan. If the plan is disapproved, the Secretary of Labor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. (ii) Approval The Secretary of Labor shall approve a State plan that the Secretary determines is consistent with the requirements of this section and reasonably appropriate and adequate to carry out the objectives of this section. If the plan is approved, the Secretary shall allot funds to the State under subsection (b) within 30 days after such approval. (3) Modifications to State plan The Governor may submit a modification to a State plan under this subsection, consistent with the requirements of this section. (d) Administration within the State (1) Option The State may administer the funds for activities under this section through— (A) the State and local entities responsible for the administration of the formula program of workforce investment activities for adults under subtitle B of title I of the Workforce Investment Act of 1998; (B) the State agency or agencies responsible for the administration of the TANF program; or (C) a combination of the entities and agency or agencies described in subparagraphs (A) and (B). (2) Within-State allocations (A) Allocation of funds The Governor may reserve not more than 5 percent of the funds made available through the allotment under subsection (b)(2), for administration and technical assistance, and shall allocate the remainder, in accordance with the option elected under paragraph (1)— (i) among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and (C) of subsection (b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved, and not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section; or (ii) through entities responsible for the provision of services under the TANF program to local populations in such manner as the State agency or agencies responsible for the administration of the TANF program may determine to be appropriate. (B) Local plans (i) In general In a case in which the responsibility for the administration of the activities described in subsection (e) is to be carried out by the entities described in paragraph (1)(A), in order to receive an allocation under subparagraph (A)(i), a local workforce investment board, in partnership with the chief elected official of the local workforce investment area involved, shall submit to the Governor a local plan for the use of such funds under this section not later than 30 days after the submission of the State plan. Such local plan may be submitted as a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998 (29 U.S.C. 2828). (ii) Contents The local plan described in clause (i) shall contain the information described in subparagraphs (A) through (H) of subsection (c)(1), as applied to the local workforce investment area. (iii) Approval The Governor shall approve or disapprove the local plan submitted under clause (i) not later than a date (referred to in this clause as the final determination date ) that is the later of the 30th day after the submission of the local plan or the 30th day after the approval of the State plan. The Governor shall approve the local plan unless the Governor determines that the plan is inconsistent with the requirements of this section or is not reasonably appropriate and adequate to carry out the objectives of this section. If the Governor has not made a determination by the final determination date, the plan shall be considered to be approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which the plan may be amended and resubmitted for approval. If the plan is approved, the Governor shall allocate funds to the local workforce investment area involved under subparagraph (A)(i) within 30 days after such approval. (C) Reallocation of funds to local workforce investment areas If a local workforce investment board and chief elected official do not submit a local plan by the date specified in subparagraph (B)(i), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under subparagraph (A)(i) shall be allocated to local workforce investment areas that receive approval of their local plans under subparagraph (B). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under subparagraph (A)(i) to such local workforce investment areas. (e) Use of funds (1) In general The funds made available under this section shall be used to provide subsidized employment for unemployed, low-income adults. The entities described in subsection (d)(1) may use a variety of strategies in recruiting employers and identifying appropriate employment opportunities, but shall give priority to providing employment opportunities likely to lead to unsubsidized employment in emerging or in-demand occupations in the area served through the grant involved. Funds made available under this section may be used to provide support services, such as transportation and child care, that are necessary to enable the participation of such adults in subsidized employment opportunities. (2) Level of subsidy and duration The entities described in subsection (d)(1) may determine the percentage of the wages and costs of employing a participant for which an employer may receive a subsidy with the funds made available under this section, and the duration of such subsidy, in accordance with guidance issued by the Secretary in coordination with the Secretary of Health and Human Services. The entities may establish criteria for determining such percentage or duration, using appropriate factors such as the size of the employer and types of employment. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Health and Human Services to ensure the effective implementation of this section. 5. Summer employment and year-round employment opportunities for low-income and disconnected youth (a) In general From the funds available under section 3(a)(2), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ) (referred to in this section as a State plan modification ) (or other State request for funds specified in guidance under subsection (b)) approved under subsection (d) and to each outlying area and recipient under section 166(c) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911(c) ) (referred to in this section as a Native American grantee ) that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth. (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. (2) Procedures Such guidance shall, consistent with this section, include procedures for— (A) the submission and approval of State plan modifications, for such other forms of requests for funds by the State as may be identified in such guidance, for modifications to local plans approved under section 118 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833 ) (referred to individually in this section as a local plan modification ), or for such other forms of requests for funds by local workforce investment areas as may be identified in such guidance, that promote the expeditious and effective implementation of the activities authorized under this section; and (B) the allotment and allocation of funds, including reallotment and reallocation of such funds that promote such implementation. (3) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with the provisions of subtitles B and E of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2811 et seq., 2911 et seq.) relating to youth activities. (c) State allotments (1) Reservations for outlying areas and tribes Of the funds described in subsection (a), the Secretary shall reserve— (A) not more than 1/4 of 1 percent to provide assistance to outlying areas to provide summer employment and year-round employment opportunities to low-income youth; and (B) 1.5 percent to provide assistance to Native American grantees to provide summer employment and year-round employment opportunities to low-income youth. (2) States After determining the amounts to be reserved under section 3(b) and paragraph (1), the Secretary of Labor shall allot the remainder of the funds described in subsection (a) among the States in accordance with the subparagraphs (A), (B), and (C) of section 4(b)(2). (3) Reallotment If the Governor of a State does not submit a State plan modification or other State request for funds specified in guidance under subsection (b) by the date specified in subsection (d)(2)(B), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be transferred within the Fund and added to the amounts available for competitive grants under section 3(a)(3). (d) State plan modification (1) In general For a State to be eligible to receive an allotment of funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a State plan modification, or other State request for funds specified in guidance under subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such State plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including linkages to training and educational activities, consistent with subsection (f); (B) a description of the requirements the States will apply relating to the eligibility of low-income youth, consistent with section 8, for summer employment opportunities and year-round employment opportunities, which requirements may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 7(b); (D) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by calendar quarter; (E) assurances that the State will report such information as the Secretary may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (F) assurances that the State will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a); and (G) for any employment opportunity that will provide participants with an industry-recognized credential, a description of the credential. (2) Submission and approval of State plan modification or request (A) Submission The Governor shall submit the State plan modification or other State request for funds specified in guidance under subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. The State plan modification or other State request for funds may be submitted in conjunction with the State plan required under section 4. (B) Approval The Secretary of Labor shall approve the State plan modification or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within that 30-day period, the plan or request shall be considered to be approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to the State under subsection (c) within 30 days after such approval. (3) Modifications to State plan or request The Governor may submit further modifications to a State plan modification or other State request for funds specified under subsection (b), consistent with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve not more than 5 percent of the funds for administration and technical assistance; and (B) shall allocate the remainder of the funds among local workforce investment areas within the State in accordance with subparagraphs (A), (B), and (C) of section 4(b)(2), except that for purposes of such allocation references to a State in such subsection shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local workforce investment areas in the State involved. Not more than 10 percent of the funds so allocated to a local workforce investment area may be used for the costs of administration of this section. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a local plan modification, or such other request for funds by local workforce investment areas as may be specified in guidance under subsection (b), not later than 30 days after the submission by the State of the State plan modification or other State request for funds specified in guidance under subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan modification or other local request for funds submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan or request is inconsistent with requirements of this section. If the Governor has not made a determination within that 30-day period, the plan shall be considered to be approved. If the plan or request is disapproved, the Governor may provide a reasonable period of time in which the plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Governor shall allocate funds to the local workforce investment area within 30 days after such approval. (3) Reallocation If a local workforce investment board and chief elected official do not submit a local plan modification (or other local request for funds specified in guidance under subsection (b)) by the date specified in paragraph (2), or the Governor disapproves a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of their local plan modifications or local requests for funds under paragraph (2). Each such local workforce investment area shall receive a share of the total amount available for reallocation under this subparagraph, in accordance with the area's share of the total amount allocated under paragraph (1)(B) to such local workforce investment areas. (f) Use of funds (1) In general The funds made available under this section shall be used— (A) to provide summer employment opportunities for low-income youth, with direct linkages to academic and occupational learning, and may be used to provide supportive services, such as transportation or child care, that is necessary to enable the participation of such youth in the opportunities; and (B) to provide year-round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 ), to low-income youth, giving priority to out-of-school youth who are— (i) high school dropouts; or (ii) recipients of a secondary school diploma or its recognized equivalent but who are basic skills deficient, unemployed, or underemployed. (2) Program priorities In administering the funds under this section, the local board and chief elected official shall give priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector and meet community needs; and (B) linking participants in year-round employment opportunities to training and educational activities that will provide such participants with an industry-recognized credential. (3) Performance accountability For activities funded under this section, in lieu of meeting the requirements described in section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ), States and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 7(b)(5). 6. Work-related and educational strategies and activities of demonstrated effectiveness (a) In general From the funds available under section 3(a)(3), the Secretary of Labor shall award grants on a competitive basis to eligible entities to carry out work-related and educational strategies and activities of demonstrated effectiveness. (b) Eligible entity To be eligible to receive a grant under ths section, an entity— (1) shall include— (A) a partnership involving a chief elected official, and the local workforce investment board for the local workforce investment area involved (which may include a partnership with elected officials and workforce investment boards in the region and in the State); or (B) an entity eligible to apply for a grant, contract, or agreement under section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ); and (2) may include, in combination with a partnership or entity described in paragraph (1)— (A) employers or employer associations; (B) adult education providers or postsecondary educational institutions, including community colleges; (C) community-based organizations; (D) joint labor-management committees; (E) work-related intermediaries; or (F) other appropriate organizations. (c) Application To be eligible to receive a grant under this section, an entity shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entity will carry out to provide unemployed, low-income adults and low-income youth with skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income adults or low-income youth, consistent with section 8, for activities carried out under this section, which requirements may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities will address the needs of the target populations identified in paragraph (2) and the needs of employers in the local workforce investment area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided through the grant will be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State, and local programs providing employment, education, and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the eligible entity will report such information as the Secretary may require relating to fiscal, performance, and other matters as the Secretary determines is necessary to effectively monitor the activities carried out under this section; (9) provide assurances that the eligible entity will ensure compliance with the requirements, restrictions, labor standards, and other provisions described in section 7(a); and (10) for any activity leading to the acquisition of an industry-recognized credential, a description of the credential. (d) Priority in awards In awarding grants under this section, the Secretary of Labor shall give priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas designated by the Bureau of the Census. (e) Use of funds An entity that receives a grant under this section shall use the funds made available through the grant to support strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income adults or low-income youth with skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and for which employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership and that includes a significant work experience component; (4) activities that lead to the acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or in-demand industry in which there are likely to be significant job opportunities in the short term; (5) activities that provide connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that include concurrent skills training and other supports; (6) activities offered through career academies that provide students with the academic preparation and training, such as paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and high-demand jobs; and (7) adult basic education and integrated basic education and training for low-skilled adults that are tied to employer workforce needs, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local workforce investment area. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, the Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 7. General requirements (a) Labor standards and protections Activities provided with funds made available under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931 ) and the nondiscrimination provisions of section 188 of such Act ( 29 U.S.C. 2938 ), in addition to other applicable Federal laws. (b) Reporting The Secretary shall require the reporting of information relating to fiscal, performance, and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, recipients of grants or subgrants under this Act shall provide information relating to— (1) the number of individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under this Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes for individuals participating in activities under this Act, including— (A) for adults participating in activities funded under section 4 performance on indicators consisting of— (i) entry into unsubsidized employment; (ii) retention in unsubsidized employment; and (iii) earnings in unsubsidized employment; (B) for low-income youth participating in summer employment activities under sections 5 and 6 performance on indicators consisting of— (i) work readiness skill attainment, using an employer-validated checklist; and (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (C) for low-income youth participating in year-round employment activities under section 5 or in activities under section 6 performance on indicators consisting of— (i) placement in or return to postsecondary education; (ii) attainment of a secondary school diploma or its recognized equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (D) for unemployed, low-income adults participating in activities under section 6— (i) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (ii) attainment of an industry-recognized credential. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local workforce investment area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate committees of Congress and make available to the public the information reported pursuant to subsection (b) and the evaluations of activities carried out with the funds reserved under section 3(b). 8. Definitions In this Act: (1) Chief elected official The term chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case in which such an area includes more than one unit of general government, the individuals designated under an agreement described in section 117(c)(1)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832(c)(1)(B) ). (2) Industry-recognized credential The term industry-recognized credential means such a credential within the meaning of section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ). (3) Local workforce investment area The term local workforce investment area means such area designated under section 116 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2831 ). (4) Local workforce investment board The term local workforce investment board means such board established under section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ). (5) Low-income youth (A) In general The term low-income youth means an individual who is not younger than age 16 and not older than age 24 and is an individual described in subparagraph (B) or (C). (B) Eligible youth For purposes of this paragraph, an individual described in this subparagraph— (i) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that— (I) States and local workforce investment areas, subject to approval in the applicable State plans and local plans, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 5; and (II) eligible entities described in section 6(b), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 6; and (ii) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(13)(C) ). (C) Youth eligible for school lunches For purposes of this paragraph, an individual described in this subparagraph receives or is eligible to receive a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (6) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau (except during any period for which the Secretary of Labor determines that a Compact of Free Association is in effect and provides for Federal assistance for education or training). (7) Poverty line The term poverty line means a poverty line as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902), applicable to family of the size involved. (8) Unemployed, low-income adult The term unemployed, low-income adult means an individual who— (A) is age 18 or older; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual specified in section 101(25) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801(25) ), except that— (i) States and local entities described in section 4(d)(1)(A), subject to approval in the applicable State plans and local plans described in section 4, or a State agency or agencies described in section 4(d)(1)(B), subject to approval in the State plan described in section 4, may increase the income level specified in subparagraph (B)(i) of such section 101(25) to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under section 4; and (ii) eligible entities described in section 6(b), subject to approval in the applicable applications for funds, may make such an increase for purposes of determining eligibility for participation in activities under section 6. (9) State The term State means each of the several States of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

https://www.govinfo.gov/content/pkg/BILLS-113hr2770ih/xml/BILLS-113hr2770ih.xml

113-hr-2771

I 113th CONGRESS 1st Session H. R. 2771 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Poe of Texas (for himself, Mr. Carter , and Mr. Olson ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the requirements under the Natural Gas Act for obtaining authorization for the exportation or importation of natural gas, and for other purposes. 1. Short title This Act may be cited as the Expedite Our Economy Act of 2013 . 2. Exportation or importation of natural gas (a) Repeal Subsections (a) through (c) of section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) are repealed. (b) Conforming amendment Section 3 of the Natural Gas Act ( 15 U.S.C. 717b ) is amended in the section heading by striking Exportation or importation of natural gas; . 3. Report on global exports of natural gas production Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the following: (1) The economic policies of foreign countries with natural gas resources and reserves as such policies relate to the development and production of their natural gas resources and reserves and the extent and status of their natural gas resources and reserves. (2) The potential to export the natural gas production of such foreign countries to the global market and the impact of the export of such natural gas production on the global market. (3) A description of actions taken by the United States Government to foster natural gas exports to foreign countries that may have an interest in importing natural gas from the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2771ih/xml/BILLS-113hr2771ih.xml

113-hr-2772

I 113th CONGRESS 1st Session H. R. 2772 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Ms. Wasserman Schultz (for herself and Mr. Marino ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To direct the Attorney General to make grants to States that have in place laws that terminate the parental rights of men who father children through rape. 1. Short title This Act may be cited as the Rape Survivor Child Custody Act . 2. Findings Congress finds the following: (1) Men who father children through rape should be prohibited from visiting or having custody of those children. (2) According to several studies, it is estimated that there are between 25,000 and 32,000 rape-related pregnancies annually in the United States. (3) A substantial number of women choose to raise their child conceived through rape and, as a result, may face custody battles with their rapists. (4) According to one study, 32.3 percent of women who were raped and became pregnant as a result of the rape kept their child. (5) Another study found that, of the 73 percent of women who became pregnant as a result of a rape and carried their pregnancies to term, 64 percent raised their children. (6) Rape is one of the most under-prosecuted serious crimes, with estimates of criminal conviction occurring in less than 5 percent of rapes. (7) The clear and convincing evidence standard is the most common standard for termination of parental rights among the 50 States, territories, and the District of Columbia. (8) The Supreme Court established that the clear and convincing evidence standard satisfies due process for allegations to terminate or restrict parental rights in Santosky v. Kramer (455 U.S. 745 (1982)). (9) Currently only 6 States have statutes allowing rape survivors to petition for the termination of parental rights of the rapist based on clear and convincing evidence that the child was conceived through rape. (10) A rapist pursuing parental or custody rights forces the survivor to have continued interaction with the rapist, which can have traumatic psychological effects on the survivor, making it more difficult for her to recover. (11) These traumatic effects on the mother can severely negatively impact her ability to raise a healthy child. (12) Rapists may use the threat of pursuing custody or parental rights to coerce survivors into not prosecuting rape, or otherwise harass, intimidate, or manipulate them. 3. Grants authorized The Attorney General shall make grants to States that have in place a law that allows the mother of any child that was conceived through rape to seek court-ordered termination of the parental rights of her rapist with regard to that child, which the court shall grant upon clear and convincing evidence of rape. 4. Application A State seeking a grant under this Act 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, including information about the law described in section 3. 5. Grant amount The amount of a grant to a State under this Act shall be in an amount that is not greater than 10 percent of the average of the total amount of funding of the 3 most recent awards that the State received under the following grant programs: (1) Part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et seq.) (commonly referred to as the STOP Violence Against Women Formula Grant Program ). (2) Section 41601 of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043g ) (commonly referred to as the Sexual Assault Services Program ). 6. Grant term (a) In general The term of a grant under this Act shall be for one year. (b) Renewal A State that receives a grant under this Act may submit an application for a renewal of such grant at such time, in such manner, and containing such information as the Attorney General may reasonably require. (c) Limit A State may not receive a grant under this Act for more than 4 years. 7. Uses of funds A State that receives a grant under this section shall use— (1) 25 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (1) of section 5; and (2) 75 percent of such funds for any of the permissible uses of funds under the grant program described in paragraph (2) of section 5. 8. Termination defined (a) In general In this Act, the term termination means, when used with respect to parental rights, a complete and final termination of the parent’s right to custody of, guardianship of, visitation with, access to, and inheritance from a child. (b) Rule of construction Nothing in this section shall be construed to require a State, in order to receive a grant under this Act, to have in place a law that terminates any obligation of a person who fathered a child through rape to support the child. 9. Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018.

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113-hr-2773

I 113th CONGRESS 1st Session H. R. 2773 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Joyce (for himself, Mr. Petri , Mrs. Miller of Michigan , Mr. Levin , Mr. Dingell , and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to protect and restore the Great Lakes. 1. Short title This Act may be cited as the Great Lakes Ecological and Economic Protection Act of 2013 . 2. Great Lakes provision modifications (a) Findings; purpose Section 118(a) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a) ) is amended— (1) in paragraph (1)— (A) by striking subparagraph (B) and inserting the following: (B) the United States should seek to attain the goals embodied in the Great Lakes Restoration Initiative Action Plan, the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality Agreement of 1978 (including subsequent amendments); and ; and (B) in subparagraph (C), by inserting , tribal, after State ; (2) by striking paragraph (2) and inserting the following: (2) Purpose The purpose of this section is to achieve the goals established in the Great Lakes Restoration Initiative Action Plan, the Great Lakes Regional Collaboration Strategy, and the Great Lakes Water Quality Agreement through— (A) improved organization and definition of mission on the part of the Agency; (B) the funding of grants, contracts, and interagency agreements for protection, restoration, and pollution control in the Great Lakes area; and (C) improved accountability. ; and (3) by striking paragraph (3) and inserting the following: (3) Definitions In this section: (A) Agency The term Agency means the Environmental Protection Agency. (B) Area of concern The term area of concern means a geographic area located within the Great Lakes, in which beneficial uses are impaired and which has been officially designated as an area of concern under Annex 2 of the Great Lakes Water Quality Agreement. (C) Great Lakes The term Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, and Lake Superior, and the connecting channels (Saint Mary’s River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border). (D) Great Lakes mayor The term Great Lakes mayor means a mayor of a municipality located in a Great Lakes State. (E) Great Lakes Regional Collaboration Strategy The term Great Lakes Regional Collaboration Strategy means the Great Lakes Regional Collaboration Strategy to Protect and Restore the Great Lakes, released on December 12, 2005, including any amendments or updates thereafter. (F) Great Lakes State The term Great Lakes State means any of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin. (G) Great Lakes System The term Great Lakes System means all the streams, rivers, lakes, and other bodies of water within the drainage basin of the Great Lakes. (H) Great Lakes Water Quality Agreement The term Great Lakes Water Quality Agreement means the Agreement on Great Lakes Water Quality, 1978, signed at Ottawa on November 22, 1978 (30 UST 1383; TIAS 9257), between the United States and Canada. (I) Lakewide Management Plan The term Lakewide Management Plan means a written document that embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of the open waters of each of the Great Lakes, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement. (J) Potentially responsible party The term potentially responsible party means an individual or entity that may be liable under any Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes. (K) Program Office The term Program Office means the Great Lakes National Program Office established by this section. (L) Remedial Action Plan The term Remedial Action Plan means a written document that embodies a systematic and comprehensive ecosystem approach to restoring and protecting the beneficial uses of areas of concern, in accordance with article VI and Annex 2 of the Great Lakes Water Quality Agreement. (M) Research Office The term Research Office means the Great Lakes Research Office established by subsection (d). (N) Site characterization The term site characterization means a process for monitoring and evaluating the nature and extent of sediment contamination in accordance with the guidance of the Agency for the assessment of contaminated sediment in an area of concern located wholly or partially within the United States. . (b) Great Lakes management Section 118(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(c) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ,; and inserting a semicolon; (B) by striking subparagraph (E); (C) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (D) in subparagraph (D) (as so redesignated), by adding and at the end; (E) in subparagraph (E) (as so redesignated), by striking ; and and inserting a period; and (F) by inserting after subparagraph (B) the following: (C) coordinate with the Great Lakes Interagency Task Force, as required under paragraph (8); ; (2) in paragraph (3)(C), by striking subparagraph (c)(1)(C) of this section and inserting paragraph (1)(D) ; (3) by striking paragraph (6) and inserting the following: (6) Great Lakes governance and management (A) Great Lakes Advisory Board (i) Establishment The Administrator shall establish an advisory board, to be known as the Great Lakes Advisory Board , to provide advice and recommendations to the Administrator on matters pertaining to Great Lakes restoration and protection. (ii) Membership The Great Lakes Advisory Board shall be composed of not fewer than 12 and not more than 20 members of whom— (I) 1 shall be appointed by the Great Lakes Governors to represent the interests of all of the Great Lakes States; (II) 1 shall be appointed by the Great Lakes mayors to represent the interests of local governments in the Great Lakes Region; (III) 1 shall be from a Great Lakes tribal government; and (IV) the remaining members shall be appointed by the Administrator and shall include, in a manner that ensures to the maximum extent practicable geographic representation of the Great Lakes basin, representatives of or individuals affiliated with— (aa) environmental groups; (bb) hunting, fishing, and conservation organizations; (cc) businesses; (dd) agricultural groups; (ee) foundations; (ff) environmental justice organizations; (gg) academia; and (hh) State, local, and tribal governments. (iii) Meetings (I) In general The Great Lakes Advisory Board shall meet not less frequently than once every 180 days. (II) Open to public The meetings of the Great Lakes Advisory Board shall be open to the public. (iv) Operation The Great Lakes Advisory Board shall— (I) operate on a collaborative basis; and (II) seek input from a broad variety of stakeholders. (v) Costs The members of the Great Lakes Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. ; (4) by striking paragraph (7) and inserting the following: (7) Great Lakes Restoration Initiative (A) Findings Congress finds that— (i) the goal of the Great Lakes program of the Agency is to restore and maintain the chemical, physical, and biological integrity of the Great Lakes basin ecosystem; and (ii) in 2010, the Agency, in coordination with Federal partners, commenced implementation of a new Great Lakes Restoration Initiative (referred to in this paragraph as the Initiative ), which is designed— (I) to identify programs and projects that are strategically selected— (aa) to target the most significant environmental problems in the Great Lakes ecosystem; and (bb) to implement the Great Lakes Regional Collaboration Strategy; (II) to be based on the work of the Great Lakes Interagency Task Force established by paragraph (8)(A); and (III) to represent the commitment of the Federal Government to significantly advancing Great Lakes protection and restoration. (B) Focus areas The Initiative shall prioritize work done by non-Federal partners using funding made available for the Great Lakes for priority areas for each fiscal year, such as— (i) the remediation of toxic substances and areas of concern; (ii) the prevention and control of invasive species and the impacts of invasive species; (iii) the protection and restoration of nearshore health and the prevention and mitigation of nonpoint source pollution; (iv) habitat and wildlife protection and restoration, including wetlands restoration and preservation; (v) accountability, monitoring, evaluation, communication, and partnership activities; and (vi) other areas prioritized by the Great Lakes Advisory Board. (C) Projects Pursuant to the Initiative, the Agency shall consult with Federal partners, including the Great Lakes Interagency Task Force, and take into consideration the recommendations of the Great Lakes Advisory Board to select the best combination of programs and projects for Great Lakes protection and restoration using principles and criteria such as— (i) the ability to achieve strategic and measurable environmental outcomes that implement the Great Lakes Collaboration Strategy and the Great Lakes Water Quality Agreement; (ii) the feasibility of— (I) prompt implementation; (II) timely achievement of results; and (III) the ability to leverage resources; and (iii) opportunities for improved interagency and inter-organizational coordination and collaboration to reduce duplication and streamline efforts. (D) Implementation of projects (i) In general Funds made available to carry out the Initiative shall be used to strategically implement— (I) Federal projects; and (II) projects carried out in coordination with States, Indian tribes, municipalities, institutions of higher education, and other organizations. (ii) Transfer of funds Of amounts made available for environmental programs and management for the Great Lakes Restoration Initiative, the Administrator may— (I) transfer not more than $475,000,000 to the head of any Federal department or agency, with the concurrence of the department or agency head, to carry out activities to support the Initiative and the Great Lakes Water Quality Agreement; (II) enter into an interagency agreement with the head of any Federal department or agency to carry out activities described in subclause (I); and (III) make grants to governmental entities, nonprofit organizations, institutions, and educational institutions for use in carrying out planning, research, monitoring, outreach, training, studies, surveys, investigations, experiments, demonstration projects, and implementation relating to the activities described in subclause (I). (E) Scope (i) In general Projects shall be carried out pursuant to the Initiative on multiple levels, including— (I) local; (II) Great Lakes-wide; and (III) Great Lakes basin-wide. (ii) Limitation No funds made available to carry out the Initiative may be used for any water infrastructure activity (other than a green infrastructure project that improves habitat and other ecosystem functions in the Great Lakes) for which amounts are made available from— (I) a State water pollution control revolving fund established under title VI; or (II) a State drinking water revolving loan fund established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12). (F) Activities by other Federal agencies Each relevant Federal department and agency shall, to the maximum extent practicable— (i) maintain the base level of funding for the Great Lakes activities of the agency; and (ii) identify new activities and projects to support the environmental goals of the Initiative. (G) Funding (i) Authorization of appropriations There is authorized to be appropriated to carry out the Initiative $475,000,000 for each of fiscal years 2014 through 2018. (ii) Partnerships Of the amounts made available to carry out the Initiative, the Administrator shall transfer expeditiously to the Federal partners of the Initiative such sums as are necessary for subsequent use and distribution by the Federal partners in accordance with this section. ; (5) by striking paragraph (8) and inserting the following: (8) Great Lakes Interagency Task Force (A) Definition of Task Force In this paragraph, the term Task Force means the Great Lakes Interagency Task Force established under subparagraph (B). (B) Establishment There is established a task force, to be known as the Great Lakes Interagency Task Force as described in Executive Order 13340 ( 33 U.S.C. 1268 note), relating to the establishment of Great Lakes Interagency Task Force and promotion of regional collaboration of national significance for Great Lakes. (C) Membership (i) Composition The Task Force shall be composed of— (I) the Administrator, who shall serve as Chair; (II) the Secretary of State; (III) the Secretary of the Interior; (IV) the Secretary of Agriculture; (V) the Secretary of Commerce; (VI) the Secretary of Housing and Urban Development; (VII) the Secretary of Transportation; (VIII) the Secretary of Homeland Security; (IX) the Secretary of the Army; and (X) the Chair of the Council on Environmental Quality. (ii) Delegation Any member of the Task Force may delegate any duty of the member of the Task force described in this paragraph to any person who— (I) is a member of the department, agency, or office of the member; and (II) (aa) is an officer of the United States appointed by the President; or (bb) is a full-time employee compensated at a rate of pay not less than the minimum annual rate of basic pay for GS–15 under section 5332 of title 5, United States Code. (D) Coordination and assistance The Program Office shall— (i) coordinate, to the maximum extent practicable, with the Task Force; and (ii) assist the Task Force with the performance of the functions of the Task Force. (E) Duties The Task Force, as a body or through member agencies, shall— (i) collaborate with Canada, provinces of Canada, and binational bodies involved in the Great Lakes region regarding policies, strategies, projects, and priorities for the Great Lakes System; (ii) (I) coordinate the development of Federal policies, strategies, projects, and priorities for addressing the restoration and protection of the Great Lakes System consistent with— (aa) the Great Lakes Water Quality Agreement; (bb) the Great Lakes Regional Collaboration Strategy; and (cc) the Great Lakes Restoration Initiative Action Plan; (II) take into consideration any recommendations of the Great Lakes Advisory Board; and (III) assist in the appropriate management of the Great Lakes System; (iii) develop outcome-based goals for the Great Lakes System (relying on existing data and science-based indicators of water quality, related environmental factors, and other information) that— (I) focus on outcomes such as cleaner water, improved public health, sustainable fisheries, and biodiversity of the Great Lakes System; (II) ensure that Federal policies, strategies, projects, and priorities support measurable results; and (III) are consistent with the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; (iv) exchange information regarding policies, strategies, projects, and activities of the agencies represented on the Task Force relating to— (I) the Great Lakes System; (II) the Great Lakes Water Quality Agreement; (III) the Great Lakes Restoration Initiative Action Plan; and (IV) the Great Lakes Regional Collaboration Strategy; (v) coordinate government action associated with the Great Lakes System; (vi) seek input from nongovernmental organizations, States, and local and tribal governments; (vii) ensure coordinated scientific and other research associated with the Great Lakes System; (viii) provide assistance and support to agencies represented on the Task Force in activities relating to the Great Lakes System; (ix) after receipt of recommendations from the Great Lakes Advisory Board, establish annual priorities with respect to Great Lakes protection and restoration, consistent with priorities for the Great Lakes Collaboration Strategy and Great Lakes Water Quality Agreement; and (x) not later than 1 year after the date of enactment of the Great Lakes Ecological and Economic Protection Act of 2013 and every 5 years thereafter— (I) in coordination with the Great Lakes Governors, Great Lakes mayors, tribal leaders, and nongovernmental organizations— (aa) review the Great Lakes Regional Collaboration Strategy and the Great Lakes Restoration Initiative Action Plan; and (bb) update and revise the Great Lakes Restoration Initiative Action Plan— (AA) to reflect the most comprehensive scientific information available; and (BB) to improve the implementation of the Great Lakes Regional Collaboration Strategy; and (II) submit a report to Congress on what actions have and have not been implemented with respect to the recommendations made by— (aa) the Great Lakes Advisory Board; (bb) the Great Lakes mayors; (cc) the Great Lakes Governors; and (dd) tribal leaders in Great Lakes States. ; (6) by striking paragraph (10) and inserting the following: (10) Reports (A) Annual comprehensive restoration report Not later than 90 days after the end of each fiscal year, the Administrator shall submit to Congress and make publicly available a comprehensive report on the overall health of the Great Lakes that includes— (i) a description of the achievements during the fiscal year in implementing the Great Lakes Water Quality Agreement and any other applicable agreements and amendments that— (I) demonstrate, by category (including categories for judicial enforcement, research, State cooperative efforts, and general administration) the amounts expended on Great Lakes water quality initiatives for the fiscal year; (II) describe the progress made during the fiscal year in implementing the system of surveillance of the water quality in the Great Lakes System, including the monitoring of groundwater and sediment, with a particular focus on toxic pollutants; (III) describe the prospects of meeting the goals and objectives of the Great Lakes Water Quality Agreement; and (IV) provide a comprehensive assessment of the planned efforts to be pursued in the succeeding fiscal year for implementing the Great Lakes Water Quality Agreement and any other applicable agreements and amendments that— (aa) indicate, by category (including categories for judicial enforcement, research, State cooperative efforts, and general administration) the amount anticipated to be expended on Great Lakes water quality initiatives for the applicable fiscal year; and (bb) include a report on programs administered by other Federal agencies that make resources available for Great Lakes water quality management efforts; (ii) a detailed list of accomplishments of the Great Lakes Restoration Initiative with respect to each organizational element of the Initiative and the means by which progress will be evaluated; (iii) recommendations for streamlining the work of advisory and coordinating committees (such as the Great Lakes Regional Collaboration and the United States Policy Committee), including a recommendation for eliminating any such entity if the work of the entity— (I) is duplicative; or (II) complicates the protection and restoration of the Great Lakes; and (iv) with respect to each priority established under paragraph (8)(E)(ix) during the fiscal year, the reasons why the Administrator implemented, or did not implement, the priorities and recommendations. (B) Crosscut budget Not later than 45 days after the date of submission of the budget of the President to Congress, the Director of the Office of Management and Budget, in coordination with the Governor of each Great Lakes State and the Task Force, shall submit to Congress and make publicly available a financial report, certified by the head of each agency that has budget authority for Great Lakes restoration activities, containing— (i) an interagency budget crosscut report that— (I) describes the budget proposed, including funding allocations by each agency for the Great Lakes Restoration Initiative; (II) identifies any adjustments from the budget request; (III) identifies the funding in any amount for each of the Federal agencies that carry out restoration and protection activities in the subsequent fiscal year, separately reporting the amount of funding to be provided under each law pertaining to the agency; (IV) compares specific funding levels allocated for participating Federal agencies from fiscal year to fiscal year; and (V) identifies all expenditures since fiscal year 2004 by the Federal Government and State governments for Great Lakes restoration activities; (ii) a detailed accounting of all funds received and obligated by all Federal agencies and, to the maximum extent practicable, State agencies using Federal funds, for Great Lakes restoration activities during the current and previous fiscal years; (iii) a budget for the proposed projects (including a description of the project, authorization level, and project status) to be carried out in the subsequent fiscal year with the Federal share of funds for activities; and (iv) a listing of all projects to be undertaken in the subsequent fiscal year with the Federal share of funds for activities. ; and (7) in paragraph (12)(H), by striking clause (i) and inserting the following: (i) Authorization In addition to other amounts authorized to be appropriated pursuant to this section, there are authorized to be appropriated to carry out this paragraph— (I) $50,000,000 for each of fiscal years 2004 through 2010; and (II) $100,000,000 for each of fiscal years 2014 through 2018. . (c) Authorization of appropriations Section 118(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(h) ) is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting the subparagraphs appropriately; (2) by striking There are authorized and inserting the following: (1) In general There are authorized ; and (3) by adding at the end the following: (2) Program Office There is authorized to be appropriated to the Program Office to carry out this section $25,000,000 for each of fiscal years 2014 through 2018. . (d) Effect of section Nothing in this section or an amendment made by this section affects— (1) the jurisdiction, powers, or prerogatives of— (A) any department, agency, or officer of— (i) the Federal Government; or (ii) any State or tribal government; or (B) any international body established by treaty with authority relating to the Great Lakes (as defined in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) )); or (2) any other Federal or State authority that is being used or may be used to facilitate the cleanup and protection of the Great Lakes (as so defined).

https://www.govinfo.gov/content/pkg/BILLS-113hr2773ih/xml/BILLS-113hr2773ih.xml

113-hr-2774

I 113th CONGRESS 1st Session H. R. 2774 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Bilirakis 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 credit against tax for hurricane and tornado mitigation expenditures. 1. Short title This Act may be cited as the Hurricane and Tornado Mitigation Investment Act of 2013 . 2. Nonrefundable personal credit for hurricane and tornado mitigation property (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Hurricane and tornado mitigation property (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during such taxable year. (b) Maximum credit The credit allowed under subsection (a) for any taxable year shall not exceed $5,000. (c) Qualified hurricane and tornado mitigation expenditure For purposes of this section— (1) In general The term qualified hurricane and tornado mitigation property expenditure means an expenditure for property— (A) to improve the strength of a roof deck attachment, (B) to create a secondary water barrier to prevent water intrusion, (C) to improve the durability of a roof covering, (D) to brace gable-end walls, (E) to reinforce the connection between a roof and supporting wall, (F) to protect openings from penetration by windborne debris, or (G) to protect exterior doors and garages, in a qualified dwelling unit located in the United States and owned by the taxpayer. (2) Qualified dwelling unit The term qualified dwelling unit means a dwelling unit that is assessed at a value that is less than $1,000,000 by the locality in which such dwelling unit is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. (d) Limitation An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. (e) Labor costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. (f) Inspection costs For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Hurricane and tornado mitigation property. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 3. Business-related credit for hurricane and tornado mitigation (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 45R the following new section: 45S. Hurricane and tornado mitigation credit (a) General rule For purposes of section 38, the hurricane and tornado mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. (b) Maximum credit The amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. (c) Qualified hurricane and tornado mitigation expenditure For purposes of this section— (1) In general The term qualified hurricane and tornado mitigation property expenditure means an expenditure for property— (A) to improve the strength of a roof deck attachment, (B) to create a secondary water barrier to prevent water intrusion, (C) to improve the durability of a roof covering, (D) to brace gable-end walls, (E) to reinforce the connection between a roof and supporting wall, (F) to protect openings from penetration by windborne debris, or (G) to protect exterior doors and garages, in a qualified place of business located in the United States and owned by the taxpayer. (2) Qualified place of business The term qualified place of business means a place of business that is assessed at a value that is less than $5,000,000 by the locality in which such business is located and with respect to the taxable year for which the credit described in subsection (a) is allowed. (d) Limitation An expenditure shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by a State-certified inspector. (e) Labor costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. (f) Inspection costs For purposes of this section, expenditures for inspection costs properly allocable to the inspection of the preparation, assembly, or installation of the property described in subsection (c) shall be taken into account in determining the qualified hurricane and tornado mitigation property expenditures made by the taxpayer during the taxable year. . (b) Conforming amendments (1) Section 38(b) of such Code 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 hurricane and tornado mitigation credit determined under section 45S(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: Sec. 45S. Hurricane and tornado mitigation credit. . (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-113hr2774ih/xml/BILLS-113hr2774ih.xml

113-hr-2775

I 113th CONGRESS 1st Session H. R. 2775 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To condition the provision of premium and cost-sharing subsidies under the Patient Protection and Affordable Care Act upon a certification that a program to verify household income and other qualifications for such subsidies is operational, and for other purposes. 1. Conditioning provision of ACA premium and cost-sharing subsidies upon certification that a program to verify household income and other qualifications for those subsidies is operational Notwithstanding any other provision of law, no premium tax credits shall be allowed under section 36B of the Internal Revenue Code of 1986 and no reductions in cost-sharing shall be allowed under section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ) before the date that the Secretary of Health and Human Services certifies to the Congress that there is in place a program that verifies, consistent with section 1411 of such Act (42 U.S.C. 18081), the household income and coverage requirements of individuals applying for such credits and cost-sharing reduction.

https://www.govinfo.gov/content/pkg/BILLS-113hr2775ih/xml/BILLS-113hr2775ih.xml

113-hr-2776

I 113th CONGRESS 1st Session H. R. 2776 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Rodney Davis of Illinois (for himself, Mr. Goodlatte , Mr. Peterson , Mr. Hudson , Mr. LaMalfa , Mr. Crawford , Mr. Ribble , Mr. Austin Scott of Georgia , Mrs. Roby , Mr. Neugebauer , Mr. Valadao , Mr. Collins of New York , Mr. Gibbs , Mr. Rogers of Alabama , Mr. Yoho , Mr. Schrader , Mr. King of Iowa , Mr. Bishop of Georgia , Mr. Enyart , Mrs. Hartzler , Mr. McIntyre , Mr. DesJarlais , Mr. Fincher , Mr. Conaway , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To establish a regulatory review process for rules that the Administrator of the Environmental Protection Agency plans to propose, and for other purposes. 1. Short title This Act may be cited as the Review EPA’s Language on Agriculture and Thoroughly Engage with the Farm Act of 2013 or the RELATE with the Farm Act of 2013 . 2. Regulatory review by the Secretary of Agriculture (a) Review of regulatory agenda The Secretary of Agriculture shall review publications that may give notice that the Environmental Protection Agency is preparing or plans to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities, including— (1) any regulatory agenda of the Environmental Protection Agency published pursuant to section 602 of title 5, United States Code; (2) any regulatory plan or agenda published by the Environmental Protection Agency or the Office of Management and Budget pursuant to an Executive order, including Executive Order 12866; and (3) any other publication issued by the Environmental Protection Agency or the Office of Management and Budget that may reasonably be foreseen to contain notice of plans by the Environmental Protection Agency to prepare any guidance, policy, memorandum, regulation, or statement of general applicability and future effect that may have a significant impact on a substantial number of agricultural entities. (b) Information gathering For a publication item reviewed under subsection (a) that the Secretary determines may have a significant impact on a substantial number of agricultural entities, the Secretary shall— (1) solicit from the Administrator of the Environmental Protection Agency any information the Administrator may provide to facilitate a review of the publication item; (2) utilize the Chief Economist of the Department of Agriculture to produce an economic impact statement for the publication item that contains a detailed estimate of potential costs to agricultural entities; (3) identify individuals representative of potentially affected agricultural entities for the purpose of obtaining advice and recommendations from such individuals about the potential impacts of the publication item; and (4) convene a review panel for analysis of the publication item that includes the Secretary, any full-time Federal employee of the Department of Agriculture appointed to the panel by the Secretary, and any employee of the Environmental Protection Agency or the Office of Information and Regulatory Affairs within the Office of Management and Budget that accepts an invitation from the Secretary to participate in the panel. (c) Duties of the review panel A review panel convened for a publication item under subsection (b)(4) shall— (1) review any information or material obtained by the Secretary and prepared in connection with the publication item, including any draft proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect; (2) collect advice and recommendations from agricultural entity representatives identified by the Administrator after consultation with the Secretary; (3) compile and analyze such advice and recommendations; and (4) make recommendations to the Secretary based on the information gathered by the review panel or provided by agricultural entity representatives. (d) Comments (1) In general Not later than 60 days after the date the Secretary convenes a review panel pursuant to subsection (b)(4), the Secretary shall submit to the Administrator comments on the planned or proposed guidance, policy, memorandum, regulation, or statement of general applicability and future effect for consideration and inclusion in any related administrative record, including— (A) a report by the Secretary on the concerns of agricultural entities; (B) the findings of the review panel; (C) the findings of the Secretary, including any adopted findings of the review panel; and (D) recommendations of the Secretary. (2) Publication The Secretary shall publish the comments in the Federal Register and make the comments available to the public on the public Internet website of the Department of Agriculture. (e) Waivers The Secretary may waive initiation of the review panel under subsection (b)(4) as the Secretary determines appropriate. (f) Definition of agricultural entity In this section, the term agricultural entity means any entity involved in or related to agricultural enterprise, including enterprises that are engaged in the business of production of food and fiber, ranching and raising of livestock, aquaculture, and all other farming and agricultural related industries.

https://www.govinfo.gov/content/pkg/BILLS-113hr2776ih/xml/BILLS-113hr2776ih.xml

113-hr-2777

I 113th CONGRESS 1st Session H. R. 2777 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Griffin of Arkansas (for himself and Mr. Wolf ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to authorize the Secretaries of the military departments to suspend the pay and allowances of a member of the Armed Forces who is held in confinement pending trial by court-martial or by civil authority for any sex-related offense or capital offense. 1. Short title This Act may be cited as the Stop Pay for Violent Offenders Act . 2. Suspension of the pay and allowances of a member of the Armed Forces in confinement pending trial for any sex-related offense or capital offense Section 813 of title 10, United States Code (article 13 of the Uniform Code of Military Justice) is amended— (1) by striking No person and inserting (1) Except as provided in subsection (b), no person ; and (2) by adding at the end the following new subsection: (b) (1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall suspend all or a portion of the pay and allowances of a member of the armed forces under the jurisdiction of the Secretary who is being held in confinement pending trial by court-martial or by civil authority for any sex-related offense or capital offense. The requirement to suspend the pay and allowances of certain members under this subsection is consistent with the authority to suspend civilian employees of the Department of Defense without pay under subchapter II of chapter 75 of title 5. (2) A member whose pay and allowances are suspended under paragraph (1) is entitled to— (A) written notice of the suspension stating the specific reasons for the suspension; (B) a reasonable time, but not less than seven days, to request a waiver of the suspension and to furnish affidavits and other documentary evidence in support of the waiver; (C) be represented by an attorney or other representative in making such waiver request; and (D) a written response by the Secretary of the military department concerned to the waiver request, and if denied, the specific reasons for the denial. (3) The Secretary of the military department concerned may provide for a hearing as part of consideration of a waiver request under paragraph (2). (4) If a member whose pay and allowances is suspended under this subsection is acquitted of the charges for which the pay and allowances were suspended or the sentence is disapproved, commuted, or suspended, the Secretary of the military department concerned shall pay the member the full amount of pay and allowances withheld. Otherwise, the withheld amounts shall be paid to the victim or, if multiple victims, to the victims of the crime in an equitable manner. (5) In this subsection, the term sex-related offense means— (A) a sexual assault or other offense covered by section 920, 920a, 920b, or 920c of this title (article 120, 120a, 120b, or 120c of the Uniform Code of Military Justice), or an attempt to commit such an offense; or (B) a comparable offense punishable under other Federal or State law. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2777ih/xml/BILLS-113hr2777ih.xml

113-hr-2778

I 113th CONGRESS 1st Session H. R. 2778 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Kingston (for himself, Mr. Westmoreland , Mr. Posey , Mr. Pitts , Mr. Brady of Texas , Mrs. Bachmann , Mr. Salmon , Mr. Flores , Mr. Gohmert , Mr. Barton , Mr. Walberg , Mr. Brooks of Alabama , and Mr. Broun of Georgia ) 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 clarify eligibility for the child tax credit. 1. Short title This Act may be cited as the Child Tax Credit Integrity Preservation Act of 2013 . 2. Eligibility for child tax credit (a) In general Subsection (e) of section 24 of the Internal Revenue Code of 1986 is amended by striking under this section to a taxpayer and all that follows and inserting “under this section to any taxpayer unless— (1) such taxpayer includes the taxpayer’s valid identification number (as defined in section 6428(h)(2)) on the return of tax for the taxable year, and (2) with respect to any qualifying child, the taxpayer includes the name and taxpayer identification number of such qualifying child on such return of tax. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2778ih/xml/BILLS-113hr2778ih.xml

113-hr-2779

I 113th CONGRESS 1st Session H. R. 2779 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish a separate Inspector General for the Bureau of Consumer Financial Protection. 1. Creating an Inspector General for the Bureau of Consumer Financial Protection (a) In general Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by inserting the Bureau of Consumer Financial Protection, after Federal Emergency Management Agency, ; and (2) in paragraph (2), by inserting the Bureau of Consumer Financial Protection, after Export-Import Bank, . (b) Technical and conforming amendments Section 8G of such Act is amended— (1) in subsection (a)(2), by striking and the Bureau of Consumer Financial Protection ; (2) in subsection (c), by striking the third and fourth sentences; and (3) in subsection (g)(3), by striking and the Bureau of Consumer Financial Protection . 2. Requirements for the Inspector General for the Bureau of Consumer Financial Protection (a) Establishment Section 1011 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5491 ) is amended— (1) in subsection (b)— (A) in the subsection heading, by striking and Deputy Director and inserting , Deputy Director, and Inspector General ; and (B) by inserting after paragraph (5) the following: (6) Inspector General There is established the position of the Inspector General. ; and (2) in subsection (d), by striking or Deputy Director each place it appears and inserting , Deputy Director, or Inspector General . (b) Hearings Section 1016 of such Act is amended by inserting after subsection (c) the following: (d) Additional Requirement for Inspector General On a separate occasion from that described in subsection (a), the Inspector General of the Bureau shall appear, upon invitation, before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services and the Committee on Energy and Commerce of the House of Representatives at semi-annual hearings regarding the reports required under subsection (b) and the reports required under section 5 of the Inspector General Act of 1978 (5 U.S.C. App.). . (c) Funding for Office of Inspector General Section 1017(a)(2) of such Act is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: (C) Funding for Office of Inspector General Each fiscal year, the Bureau shall dedicate 0.25 percent of the funds transferred pursuant to paragraph (1) to the Office of the Inspector General. . (d) Participation in the Council of Inspectors General on Financial Oversight Section 989E(a)(1) of such Act is amended by adding at the end the following: (J) The Bureau of Consumer Financial Protection. . (e) Deadline for appointment Not later than 60 days after the date of the enactment of this Act, the President shall appoint an Inspector General for the Bureau of Consumer Financial Protection in accordance with section 3 of the Inspector General Act of 1978 (5 U.S.C. App.). 3. Effective date The amendments made by this Act shall take effect 60 days after the date of the enactment of this Act. 4. Transition period The Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall serve in that position until the confirmation of an Inspector General for the Bureau of Consumer Financial Protection. At that time, the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection shall become the Inspector General of the Board of Governors of the Federal Reserve System.

https://www.govinfo.gov/content/pkg/BILLS-113hr2779ih/xml/BILLS-113hr2779ih.xml

113-hr-2780

I 113th CONGRESS 1st Session H. R. 2780 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mrs. Lowey (for herself and Mr. Reichert ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to provide assistance for developing countries to promote quality basic education and to establish the achievement of quality universal basic education in all developing countries as an objective of United States foreign assistance policy, and for other purposes. 1. Short title This Act may be cited as the Education for All Act of 2013 . 2. Findings Congress finds the following: (1) Throughout the world, an alarming number of children and youth are not receiving a basic education. According to the Global Monitoring Report, approximately 57,000,000 children of primary school age are not in school and tens of millions drop out of school annually. Globally, progress is slowing, and if current trends continue, there could be as many as 72,000,000 children of primary school age out of school in 2015. In sub-Saharan Africa alone, the number of primary age children out of school has remained at approximately 30,000,000 over the past five years. Additionally, there were an estimated 69,000,000 adolescents not enrolled in school in 2011 and an estimated 122,000,000 youth (15 to 24 years old) who could not read and write in 2010, needing a second chance to acquire even basic literacy and numeracy skills. (2) Of the approximately 57,000,000 children of primary school age and 69,000,000 adolescents of lower secondary school age who were not in school in 2011, 53 percent were girls. The proportion of out-of-school primary age girls is highest in Arab states, Central Asia, South and West Asia, and sub-Saharan Africa. Over half of the world’s out-of-school children live in sub-Saharan Africa, and more than 28,000,000 live in countries affected by conflict. A significant number of such children have been orphaned or otherwise negatively affected by HIV/AIDS, while others have been victims of child labor or human trafficking. Of the estimated 120,000,000 to 150,000,000 children with disabilities under the age of 18 around the world, an estimated 98 percent of children with disabilities in developing countries do not attend school. Without access to quality education, such children will not have the skills to contribute to reconstruction and stabilization of their countries. (3) The final report of the National Commission on Terrorist Attacks Upon the United States (hereafter in this section referred to as the Report ) concluded that education that teaches tolerance, the dignity and value of each individual, and respect for different beliefs must be a key element in any global strategy to eliminate terrorism. The Center for Strategic and International Studies’ Commission on Smart Power determined that education is the best hope of turning young people away from violence and extremism . (4) The vision for educational opportunity described in the Report to all developing countries, including countries affected by armed conflict, is critical to achieve the Education for All Goals and prevent the rise of violent extremism worldwide. (5) The Report concluded that the United States Government must offer an example of moral leadership in the world and offer parents and their children a vision of the future that emphasizes individual educational and economic opportunity. (6) The Report noted that the United Nations has rightly equated literacy as freedom , and while gains have been made in Arab states in reducing the out-of-school population, an estimated 25 percent of the adult population in the Arab states, or 50,286,000 people, lack basic literacy or numeracy skills needed in everyday life. (7) The Report concluded that ensuring educational opportunity is essential to the efforts of the United States to defeat global terrorism. (8) At the World Education Forum held in Dakar, Senegal, in 2000, the United States joined more than 180 other countries in committing to the 6 Education For All goals, including quality universal basic education. (9) Since the World Education Forum in 2000, the number of children out of school has decreased at an average approximate rate of more than 4,090,000 children per year. Despite this progress, the goal of achieving quality universal basic education will not be met, and 72,000,000 children may still be out of school by 2015, while millions of children in school are not acquiring foundational skills in literacy and numeracy. (10) In fiscal year 2012, the United States Agency for International Development’s bilateral assistance helped to deliver a quality basic education to approximately 23,000,000 learners enrolled in United States Government-supported primary and secondary schools around the world. USAID has expertise in a number of key areas, including teacher training, reaching marginalized groups and quality measurement and has provided technical assistance to governments in order to create sustainable educational systems. (11) Basic education is fundamental to development. No country has reached sustained economic growth without achieving near universal primary education. Quality education reduces poverty and inequity, lays the foundation for sound governance, civic participation, and strong institutions, and equips people with the knowledge, skills, and self-reliance they need to increase income and expand opportunities for employment. (12) Investing in girls’ education and skills building programs not only delivers substantial returns in educational attainment but also empowers girls to address conditions of poverty, low status, and social norms by increasing women’s and household incomes, delaying the start of sexual activity, reducing infant mortality, increasing women’s political participation, spurring economic growth, and delaying marriage. (13) Education can help to protect children in conflict situations from physical harm, exploitation, and sexual abuse, as well as to avoid the recruitment of children into armed groups and gangs, and promote good governance and poverty reduction. Additionally, every additional year of schooling for males can reduce their risk of becoming involved in conflict by 20 percent. (14) In front line states, education remains a significant challenge. Of the 57,000,000 children of primary school age who are out of school, 28,000,000, or 42 percent, are in conflict-affected poor countries. In Yemen, nearly 80 percent of girls are unlikely to enroll in school, and in Afghanistan, girls average only 4 years of schooling. (15) Multilateral mechanisms have been proven to marshal critical resources to reach global development challenges. Funds that are transparent, increase partnership and coordination among governments, private sector, and civil society, support national plans, are monitored for results, and hold all stakeholders accountable have been effective at providing resources to reach global challenges. 3. Assistance to achieve quality universal basic education (a) In general Chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by inserting after section 105 the following new section: 105A. Assistance to achieve quality universal basic education (a) Purpose It is the purpose of this section to ensure that United States resources and leadership are utilized in a way to best ensure a successful international effort to provide all children with a quality basic education in order to achieve the goal of quality universal basic education agreed to at the World Education Forum held in Dakar, Senegal, in 2000. (b) Policy It is the policy of the United States to work with other countries and international and local civil society organizations in order to achieve quality universal basic education by— (1) assisting developing countries to provide all children with a quality basic education, including through strengthening host countries’ educational systems; (2) assisting nongovernmental and multilateral organizations working in developing countries to provide all children with a quality basic education; and (3) promoting education as the foundation for communities’ development, including integrating entrepreneurial and leadership training, disaster preparedness, conflict and violence prevention and mitigation, disease prevention and treatment, economic growth and agricultural activities, early childhood development, and democracy promotion into holistic assistance programs. (c) Principles In developing the policy referred to in subsection (b), the United States shall be guided by the following principles: (1) United states resources To lead a global commitment to achieving quality universal basic education in developing countries, including in countries affected by or emerging from armed conflict or humanitarian crises, the United States shall commit sufficient resources for education in developing countries to equitably expand access to quality educational opportunity and inspire confidence in such countries that efforts to reform education will receive adequate assistance. (2) Integrated bilateral and multilateral approach to sustainable development United States assistance shall integrate bilateral and multilateral assistance modalities within the strategy developed pursuant to subsection (e), to be directly responsive to host country needs, capacity, and commitment, and lead to sustainable development. The United States shall engage on a multilateral basis in a manner that leverages overall impact and best reinforces United States bilateral aid efforts, which are central to United States efforts in basic education. Bilateral and multilateral assistance should be undertaken in close partnership with nongovernmental organizations and other development partners, including women-led groups. (3) United states assistance to multilateral education initiatives The United States shall support multilateral coordination and financing education initiatives, including the Global Partnership for Education (GPE). United States assistance shall build upon its comparative advantages and proficiencies in basic education programs, while leveraging the efforts of existing country-level development partnerships. Multilateral mechanisms should be aligned with globally established aid effectiveness principles, including— (A) alignment with recipient country priorities, education plans, and planning processes; (B) governance shared by donors, developing country governments, and civil society; (C) coordination among governments, multilateral organizations, private sector, and civil society; (D) mutual accountability between donors and recipients for achieving measurable results in access and quality; (E) transparency with respect to financing, policy decisions, and impact; and (F) sufficient, predictable resources disbursed in a timely manner. (4) Other major donors The United States Government should encourage other donors to contribute commensurate amounts to support quality universal basic education, through bilateral and multilateral mechanisms and to coordinate their efforts with recipient countries, private entities, and other donors, in line with the principles of the Paris Declaration. (5) Private sector and nongovernmental participation and contributions United States efforts shall include explicit strategies to encourage and integrate contributions of strategic direction and financial resources from local and international private sector and civil society organizations, including organizations that represent teachers, students, and parents, interested in supporting quality universal basic education efforts. (6) School access, quality, and completion United States assistance for basic education in developing countries shall seek— (A) to expand access to quality schools and teachers for all children, particularly marginalized and vulnerable groups, including girls, children affected by or emerging from armed conflict or humanitarian crises, children with disabilities, children in remote or rural areas, including those that lack access to safe water and sanitation, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers, married adolescents and victims of trafficking; (B) to promote gender equity; and (C) to improve the quality of education, including foundational skills in literacy and numeracy, critical thinking, and civic education in order to increase the number of children completing and benefitting from a basic education. (7) Coordination within the united states government The United States Government, led by the United States Agency for International Development, shall support improved coordination and collaboration among all departments and agencies of the United States Government involved in providing assistance for basic education to developing countries to ensure efficient and effective use of the resources, including efforts to provide a continuity of assistance for basic education in humanitarian and other emergency situations. (8) Support for communities of learning The United States shall support the coordination of development assistance for the holistic development of communities, and where appropriate, utilize schools as the foundation for communities’ development and integrate assistance programs, including health and development programs, nutrition and school feeding programs, sanitation and hygiene education, adult literacy, leadership development, prevention of school-related violence, entrepreneurial training, agricultural extension work, civic education, and housing programs. (9) Coordination with national education plans and economic development programs United States assistance for basic education in developing countries shall be provided in collaboration and coordination with, where possible, national education plans, to reduce poverty and spur sustained economic growth, including through the promotion of the value of education and increasing community and family awareness of the positive impact of education. The United States shall seek to encourage developing countries to utilize schools as platforms for the development of communities. Such assistance should support programs and activities that are appropriate for and meet the needs of the local and indigenous cultures and carry out programs and activities through implementation by country-based civil society organizations that support national education plans. (10) Measuring outcomes United States assistance for basic education in developing countries shall include sufficient resources for monitoring and evaluating the effectiveness and quality of basic education programs. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Appropriations and the Committee on Foreign Relations of the Senate; and (B) the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives. (2) HIV/AIDS The term HIV/AIDS has the meaning given that term in section 104A(h). (3) Basic education The term basic education — (A) means an education, generally consisting of completion of 9–10 years of schooling, including efforts to improve early childhood development, primary education, secondary education, literacy and numeracy training, and life-skills training that prepares an individual to be an active, productive member of society and the workforce; and (B) includes efforts to facilitate and support the activities described in subparagraph (A), including efforts to— (i) build the institutional capacity of a country to manage basic education systems and measure results; (ii) construct and rehabilitate schools; (iii) train quality teachers; (iv) increase parent and community involvement in schools; (v) provide learning materials; and (vi) develop curricula. (4) Global partnership for education The term Global Partnership for Education means the organization formally known as the Fast-Track Initiative launched in 2002 to mobilize donor resources and accelerate progress toward the achievement of Education for All, an international commitment to bring the benefits of basic education to every individual. (5) National education plan The term national education plan means a comprehensive national education plan that— (A) may be developed in accordance with the provisions of the Global Partnership for Education; and (B) includes explicit, credible strategies informed by effective practices and standards to achieve quality universal basic education, including strategies to— (i) address key constraints to achieving universal basic education in the areas of access, policy, data, capacity, gender equity, learning, sustainability of efforts, and financing; and (ii) coordinate priorities within the elements of basic education, such as early childhood development, primary education, and secondary education (delivered in formal and non-formal settings), and training in literacy, numeracy, and other basic skills, including life and leadership skills, for adults and out-of-school youth, and priorities between basic education, workforce development, and higher education. (6) Psychosocial support The term psychosocial support has the meaning given that term in section 135 (relating to assistance for orphans and other vulnerable children). (7) Relevant executive branch agencies and officials The term relevant executive branch agencies and officials means— (A) the Department of State, the United States Agency for International Development, the Department of the Treasury, the Department of Labor, the Department of Education, the Department of Health and Human Services, the Department of Agriculture, and the Department of Defense; (B) the Chief Executive Officer of the Millennium Challenge Corporation, the Coordinator of United States Government Activities to Combat HIV/AIDS Globally, the National Security Advisor, the Director of the Peace Corps, and the National Economic Advisor; and (C) any other department, agency, or official of the United States Government that participates in activities to promote quality universal basic education pursuant to the authorities of such department, agency, or official or pursuant to this Act. (8) INEE minimum standards The term INEE Minimum Standards refers to standards for education developed by the Inter-Agency Network on Education in Emergencies designed for use in emergency response, emergency preparedness, and in humanitarian advocacy, and applicable in a wide range of situations, including natural disasters and armed conflicts. (e) Development and implementation of a comprehensive united states strategy on education for all (1) Strategy required The President shall develop a comprehensive integrated strategy of the United States to promote quality universal basic education that will— (A) seek to equitably expand access to basic education for all children, particularly marginalized and vulnerable groups, including girls, children affected by or emerging from armed conflict or humanitarian crises, children with disabilities, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers, and victims of trafficking, as well as to promote gender equity; and (B) improve the quality of basic education, particularly as reflected in measurable learning outcomes, as appropriate. (2) Elements The strategy required by paragraph (1) shall be formulated and implemented in consideration of the principles set forth in subsection (c) and shall— (A) include specific objectives, indicators, including indicators to measure learning outcomes, and approaches to increase access and quality of basic education in developing countries; (B) seek to build capacity within developing countries for basic education programs in order to make progress toward the goal of achieving sustainable development; (C) outline how the United States Government will ensure a transition and continuity of educational activities in countries affected by or emerging from armed conflict or humanitarian crises; (D) assign priorities to relevant executive branch agencies and officials; (E) improve coordination and reduce duplication among relevant executive branch agencies and officials, foreign donor governments, and international organizations at the global and country levels; (F) project general levels of resources needed to achieve the stated objectives; (G) utilize public private partnerships, where appropriate, in order to leverage resources; (H) target the activities of the United States to leverage contributions from other bilateral donors to provide quality universal basic education; (I) support efforts to reduce the adverse impact of HIV/AIDS on education systems, including by equipping teachers with skills needed for HIV/AIDS prevention and support for persons with, or affected by, HIV/AIDS; (J) promote gender equity and improve educational opportunities for women and girls, and strive to ensure safe schools, equal access, workforce opportunities, leadership role development, and the preservation of dignity and respect; (K) support local actors to review curricula, textbooks, and educational materials, with the goal of incorporating content on peace, human rights, civic education and respect for diversity; (L) work with governments of conflict-affected states and governments assisting in preventing or limiting conflict to limit the effects of conflict on students, teachers, and schools and to promote and fund inclusive, good-quality education; to establish respect for schools as sanctuaries or zones of peace; to develop mechanisms to protect threatened students, teachers, and education personnel; and to develop ways to rapidly reconstruct, repair, and resupply attacked educational institutions and to support the continuation of education in alternative places or via alternative methods; (M) adopt a Communities of Learning approach that integrates, where appropriate and to the extent practicable, school and educational programs with health and development programs, nutrition and school feeding programs, sanitation and hygiene education, adult literacy, leadership development, prevention of school-related violence, entrepreneurial training, agricultural extension work, civic education, and housing programs; and (N) best utilize United States capabilities in the areas of technical assistance and training. (3) Global development strategy The strategy required by paragraph (1) should be included in any overall United States global development strategy. (4) Requirement to consult In developing the strategy required by paragraph (1), the President shall consult with— (A) the appropriate congressional committees; (B) relevant executive branch agencies and officials; and (C) nongovernmental organizations, including organizations representing students, teachers, and parents, and other development partners and individuals who are involved in the promotion and implementation of education assistance programs in developing countries. (5) Public comment The President shall provide an opportunity for public comment on the strategy required by paragraph (1), including comments on how to operationalize the strategy through a country specific planning process. (6) Annual report Not later than 270 days after the date of the enactment of the Education for All Act of 2013, the President shall transmit to the appropriate congressional committees a report setting forth the strategy required by paragraph (1) and make the report available to the public. (f) Assistance To develop and implement national education plans (1) Assistance authorized The President is authorized to provide funds and other assistance to assist foreign countries to create the policies, processes, and infrastructure to develop and implement national education plans, including both interim and comprehensive plans, to allow all children of such countries to access and complete a quality basic education. (2) Priority and other requirements In providing assistance under this subsection, the President shall give priority to foreign countries in which there is the greatest need and opportunity to expand universal access and to improve the quality of basic education, and in which the assistance can produce a substantial, measurable impact on children and educational systems. Priority should also be considered in countries where there are chronically underserved and marginalized populations that must be reached in order to achieve universal basic education. (3) Activities supported Assistance provided under this subsection may be used to support efforts to expand access and to improve the quality of basic education, including efforts— (A) to ensure an adequate supply of trained quality teachers and to build systems to provide continuing support, training, and professional development for all educators; (B) to support the design and implementation of effective, relevant curricula; (C) to assist education authorities to improve education management practices and systems, including through promoting community participation in school management; (D) to promote the development and effective use of systems for monitoring and evaluating student-learning outcomes; (E) to provide adequate infrastructure; (F) to eliminate fees for educational services, including fees for tuition, uniforms, and materials as part of a comprehensive education financing plan; (G) to identify and replicate successful interventions that improve access to and quality of education; (H) to build systems to ensure continuing information collection, monitoring, and evaluation of education services and financing; (I) to ensure that schools are not incubators for violent extremism; (J) to provide human rights, gender equity, and conflict-resolution education; (K) to promote programs that teach civic education, critical thinking, leadership and life skills; (L) to take steps to make schools safe and secure places where children and youth, including girls and women, can learn without fear of violence, harassment, or exploitation, including— (i) promoting efforts to establish and enforce strong laws and policies against school-related violence; (ii) supporting efforts to train all teachers and school administrators on school-related violence; (iii) working to ensure the safety of students during their travel to and from schools and on school grounds; (iv) improving school infrastructure to increase safety, such as by constructing separate latrines for boys and girls; (v) carrying out programs for school and community participation on the unacceptability of violence; (vi) providing counseling and support systems for students affected by school-related violence; (vii) conducting national and baseline surveys to collect data on school-related violence, including against women and girls; and (viii) providing programs that enable schools to continue providing education for the most poor or marginalized children, particularly adolescent girls, which includes flexible learning opportunities, accelerated and second chance classes, and opportunities that support leadership development; (M) to work with communities to achieve equity in schools and address gender norms to build support for girls’ education; (N) to support other initiatives that have demonstrated success in increasing access, improving learning outcomes, and increasing educational opportunities for the most disadvantaged populations, including girls, children affected by or emerging from armed conflict or humanitarian crises, children with disabilities, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers, and victims of trafficking; and (O) to carry out other activities to support the Global Partnership for Education. (4) Additional activities supported for countries affected by conflict or crises In addition to the activities supported under paragraph (3), assistance provided under this subsection under the headings Development Assistance and Economic Support Funds to foreign countries or those parts of the territories of foreign countries that are affected by or emerging from armed conflict, humanitarian crises, or other emergency situations may be used to support efforts— (A) to ensure a continuity of educational activities for all children as an essential humanitarian need and that all relevant executive branch agencies and officials collaborate and coordinate to help provide this continuity; (B) to ensure that education assistance of the United States Government to countries in emergency settings, including countries affected by or emerging from armed conflict or humanitarian crises, shall be informed by the Minimum Standards of the Inter-Agency Network for Education in Emergencies (INEE Minimum Standards); (C) wherever possible, to reestablish formal or provide support for formal and informal education services, or to complement services that are available to ensure that children are able to continue their education and to protect children from physical harm, psychological and social distress, recruitment into armed groups, family separation, and abuses related to their displacement; (D) to promote the creation of out-of-school programs and flexible-hour schooling in areas in which security prevents students from attending regular schools; (E) to provide safe spaces, especially for girls, with such facilities providing access to water, sanitation, health-related education, psychosocial support, and landmine awareness; (F) to provide assistance for temporary and permanent education facility construction and minor rehabilitation and equipping of educational structures; (G) to provide essential educational services and materials that assist in building systems to support, train, and provide professional development for educators; (H) to build national capacity to coordinate and manage education in emergency response and recovery; (I) to promote efforts to ensure the reintegration of teachers and students in conflict, whether refugees or internally displaced, into educational systems, including regional approaches where appropriate to coordinate and recognize the educational efforts of these teachers and students and other school systems; and (J) to promote efforts to ensure safe passage to and from school, designate schools as conflict-free zones respected by all parties, and adopt and support community-owned protective measures to reduce the incidence of attack on education by local actors, armed groups and armed forces. (g) Annual report (1) In general Not later than January 31 of each year, the President shall transmit to the appropriate congressional committees a report on the implementation of this section for the prior fiscal year and make the report available to the public. (2) Report elements The report required by paragraph (1) shall include— (A) a description of efforts made by relevant executive branch agencies and officials to implement the strategy developed pursuant to subsection (e), with a particular focus on the activities carried out under this section; (B) a description of the programs established by each foreign country receiving assistance pursuant to subsection (f) that provides a detailed explanation of the extent to which the strategy developed pursuant to subsection (e) and the assistance provided pursuant to subsection (f) are contributing to the goal of quality universal basic education in the foreign country; and (C) a description of the extent to which each foreign country selected to receive assistance pursuant to subsection (f) meets the priority criteria specified in subsection (f)(2). (3) Data Where possible, all data should be disaggregated by sex and age. (h) Relationship to other laws The President shall exercise the authority provided in this section in accordance with other applicable law. (i) Authorization of appropriations To carry out this section, there are authorized to be appropriated to the President such sums as may be necessary for fiscal year 2014 and each subsequent fiscal year. . (b) Technical amendment Chapter 1 of part I of the Foreign Assistance Act of 1961, as amended by subsection (a), is further amended by redesignating the second section 135 (as added by section 5(a) of the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ; 119 Stat. 2536)) as section 136. 4. Coordinator of United States Government actions to provide basic education assistance (a) Establishment of position (1) In general The Administrator of the United States Agency for International Development shall designate an individual to serve as the Coordinator of United States Government Actions to Provide Basic Education Assistance (hereinafter in this section referred to as the Coordinator ). (2) Repeal Effective upon the date on which the Administrator designates an individual to serve as Coordinator pursuant to paragraph (1), section 664 (b) and (c) of division J of Public Law 110–161 , section 7064(2) of division F of Public Law 111–117 , and section 7034(q)(2) of Public Law 112–74 are repealed. (b) General authorities The Coordinator, acting through such nongovernmental organizations (including organizations representing parents, teachers, and students, faith-based and community-based organizations) and relevant executive branch agencies and officials as may be necessary and appropriate to effect the purposes of this section, is authorized to coordinate the promotion of quality universal basic education. (c) Duties (1) In general The Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government to promote quality universal basic education under section 105A of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act) or any other provision of law. (2) Specific duties The duties of the Coordinator shall specifically include the following: (A) Ensuring program and policy coordination among relevant executive branch agencies and officials and nongovernmental organizations, including coordination of auditing, monitoring, and evaluation of all such programs. (B) Ensuring that relevant executive branch agencies and officials undertake programs primarily in those areas in which the agencies and officials have the greatest expertise, technical capabilities, and potential for success. (C) Ensuring coordination of activities of relevant executive branch agencies and officials in the field in order to eliminate duplication. (D) Pursuing coordination with other countries and international organizations. (E) Resolving policy, program, and funding disputes among relevant executive branch agencies and officials. (F) Ensuring due diligence criteria for all recipients of funds to promote quality universal basic education under section 105A of the Foreign Assistance Act of 1961 or any other provision of law, and all activities carried out with such funds, subject to the coordination and appropriate monitoring, evaluation, and audits carried out by the Coordinator necessary to assess the measurable outcomes of such activities. (G) Convening meetings, as appropriate, but at least annually, of relevant executive branch agencies and officials to evaluate progress in carrying out the United States strategy developed pursuant to subsection (e) of section 105A of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act) and recommend future changes to the strategy based upon such evaluation. (d) Definitions In this section: (1) Basic education The term basic education has the meaning given that term in subsection (d)(3) of section 105A of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act). (2) Relevant executive branch agencies and officials The term relevant executive branch agencies and officials has the meaning given that term in subsection (d)(7) of section 105A of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act). (e) Specification of resources of coordinator Not later than 90 days after the date of enactment of this Act, the President shall specify the necessary financial and personnel resources, including detailees, from funds appropriated pursuant to the authorization of appropriations under subsection (i) of section 105A of the Foreign Assistance Act of 1961 (as added by section 3(a) of this Act), that shall be assigned to and under the direct control of the Coordinator to establish and maintain the duties and supporting activities assigned to the Coordinator by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2780ih/xml/BILLS-113hr2780ih.xml

113-hr-2781

I 113th CONGRESS 1st Session H. R. 2781 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Peters of California (for himself and Ms. Kuster ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the closure of expired grants accounts, and for other purposes. 1. Short title This Act may be cited as the Stop Paying Something for Nothing Act of 2013 . 2. Expired grant account report (a) Report required Beginning 6 months after the date of the enactment of this Act, not later than March 31 of each year, the Director of the Office of Management and Budget shall submit to the Chairs and Ranking Members of the Budget Committees a report that lists— (1) each grant account that is more than 3 months past the grant end date; and (2) the total unexpended balance, the amount of obligated but unexpended funds, and the amount of unobligated funds in each such account for each agency. (b) Report required To be published on OMB website Not later than 15 days after the report is submitted under subsection (a), the report shall be made public on the website of the Office of Management and Budget, in a searchable, human-readable, and machine readable format. (c) Return of funds On the date that the report is submitted under this section, any unobligated amounts in an expired grant account not listed in the report are rescinded and shall be returned to the general fund of the Treasury. 3. Account closing procedures (a) In general (1) Closure Not later than 4 months after the date on which a grant account is published under section 2(b), the head of the relevant agency shall close such grant account in the Payment Management System if the final report required by OMB Circular No. A–110 was filed more than 36 months before such date. (2) Return of funds On the date that such grant account is closed, the unobligated amounts in such grant account (if any) are rescinded and shall be returned to the general fund of the Treasury. (b) Payment Management System The head of the relevant agency shall close any grant account in the Payment Management System that has no unexpended balance remaining for the previous six months and, not later than June 15 of each year, submit to the Chairs and Ranking Members of the Budget Committees a report that lists each account closed pursuant to this subsection. (c) Automated Standard Application for Payments system The Secretary of the Treasury shall close any account in the Automated Standard Application for Payments system that has had no unexpended balance remaining for the previous six months. On June 15 of each year, the Secretary of the Treasury shall submit to the Budget Committees a report that lists each account closed pursuant to this subsection and the agency that controlled the account. (d) Exception to closure The Director of the Office of Management and Budget may prevent the closure of an account under this Act only after submitting to the Chair and Ranking Member of the Budget Committees a report that describes the reason for not closing such account. 4. Definitions In this Act: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Budget Committees The term Budget Committees means the Committee on the Budget of the House of Representatives and the Senate Budget Committee. (3) Grant account The term grant account includes any account in— (A) the Payment Management System or the Automated Standard Application for Payments system; or (B) any other system that may be created or administered by the Financial Management System of the Department of the Treasury.

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113-hr-2782

I 113th CONGRESS 1st Session H. R. 2782 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Ruppersberger (for himself, Mr. Harris , Mr. Sarbanes , Ms. Edwards , Mr. Hoyer , Mr. Van Hollen , Mr. Cummings , and Mr. Delaney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award posthumously a Congressional Gold Medal to Dr. R. Adams Cowley, in recognition of his lifelong commitment to the advancement of trauma care. 1. Short title This Act may be cited as the Dr. R. Adams Cowley Congressional Gold Medal Act . 2. Findings The Congress finds as follows: (1) Dr. Cowley was a pioneer in the practice of open-heart surgery, trauma mitigation and emergency medical services. His goal through vigorous research into the impacts of trauma was to reduce the instances of death due to shock and was awarded a $100,000 contract from the Army to study the effects of shock in soldiers. (2) Dr. Cowley established the first clinical shock trauma unit in the Nation in 1960. Dr. Cowley’s realization of the importance of the first 60 minutes of treatment after critical injury led to an idea called the Golden Hour Theory . (3) Dr. Cowley’s advocacy of the Golden Hour theory led to the first medevac transport system in 1969 after the opening of the new 5-story, 32-bed Center for the Study of Trauma in Baltimore, Maryland. (4) Dr. Cowley’s work continued to produce new advances in shock trauma treatment. In 1979, former Maryland Governor Marvin Mandel issued an Executive order establishing the Center for the Study of Trauma at the Maryland Institute for Emergency Medicine and Dr. Cowley was appointed Director of the Division of Emergency Medical Services. (5) Dr. Cowley was a tireless advocate for the Shock Trauma Center throughout his entire career testifying before Maryland legislators and fighting for funding for equipment, helicopters and anything else he needed to build the EMS System in Maryland. (6) Dr. Cowley’s hard work laid the foundation for emergency medicine to become a discipline of its own. Hundreds of medical personnel have trained at the Shock Trauma Center including members of the United States Military in preparation for deployment to Afghanistan and Iraq. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Dr. R. Adams Cowley, in recognition of his lifelong commitment to the advancement of trauma care. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

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113-hr-2783

I 113th CONGRESS 1st Session H. R. 2783 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Ryan of Ohio (for himself, Mr. Turner , Mr. Johnson of Ohio , Mr. O’Rourke , and Mrs. Davis of California ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for continued eligibility for the health care tax credit for PBGC pension recipients eligible for the credit at the end of 2013. 1. Continued eligibility for health care tax credit for certain PBGC pension recipients after 2013 (a) In general Subsection (b) of section 35 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Exception (A) In general Paragraph (1) shall be applied without regard to subparagraph (B) thereof for months after 2013 for so long as there is not a break in coverage in the case of an eligible PBGC pension recipient for whom December 2013 is an eligible coverage month. (B) Coordination If, for any month, subparagraph (A) applies and the individual is an eligible individual— (i) such month shall not be taken into account under section 36B, (ii) no penalty shall be imposed under section 5000A with respect to the eligible individual or any family member who is covered by qualified health insurance, and (iii) the eligible individual shall not be treated as an eligible insured for purposes of section 1402 of the Patient Protection and Affordable Care Act (relating to reduced cost-sharing for individuals enrolling in qualified health plans). (C) Election Subparagraph (A) shall not apply with respect to an eligible individual if the individual elects not to have a month treated as an eligible coverage month. Such election, once made, shall be irrevocable, and the individual may not thereafter be treated as an eligible individual for purposes of this section. . (b) Effective date The amendment made by subsection (a) shall apply to months after December 2013.

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113-hr-2784

I 113th CONGRESS 1st Session H. R. 2784 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Stivers (for himself and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Ways and Means , Transportation and Infrastructure , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Outer Continental Shelf Lands Act to require the Secretary of the Interior to conduct offshore oil and gas leasing, to use revenues from such leasing to capitalize bonds that provide a dedicated source of revenue to fund highway, other transportation, and water infrastructure projects, and for other purposes. 1. Short title This Act may be cited as the American-Made Energy and Infrastructure Jobs Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Outer Continental Shelf Leasing Program Reforms Sec. 101. Outer Continental Shelf leasing program reforms. Sec. 102. Domestic oil and natural gas production goal. Sec. 103. Development and submittal of new 5-year oil and gas leasing program. Title II—Enhancing the 2012–2017 Five-Year Outer Continental Shelf Oil and Gas Leasing Program Sec. 201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia. Sec. 202. South Carolina lease sale. Sec. 203. Southern California existing infrastructure lease sale. Sec. 204. Environmental impact statement requirement. Sec. 205. National defense. Title III—Equitable Sharing of Outer Continental Shelf Revenues Sec. 301. Disposition of Outer Continental Shelf revenues to coastal States. Sec. 302. Acceleration of Phase II GOMESA revenue sharing. Title IV—Reorganization of Minerals Management Agencies of the Department of the Interior Sec. 401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety. Sec. 402. Bureau of Ocean Energy. Sec. 403. Ocean Energy Safety Service. Sec. 404. Office of Natural Resources revenue. Sec. 405. Ethics and drug testing. Sec. 406. Abolishment of Minerals Management Service. Sec. 407. Conforming amendments to Executive Schedule pay rates. Sec. 408. Outer Continental Shelf Energy Safety Advisory Board. Sec. 409. Outer Continental Shelf inspection fees. Title V—United States Territories Sec. 501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States. Title VI—Infrastructure Revenue Bonds Sec. 601. Leveraging Infrastructure Trust Account with infrastructure revenue bonds. Sec. 602. Ninety-five percent of bond proceeds for Highway Trust Fund. Sec. 603. Five percent of bond proceeds for State revolving loan funds for wastewater treatment facilities and drinking water facilities. I Outer Continental Shelf Leasing Program Reforms 101. Outer Continental Shelf leasing program reforms Section 18(a) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(a) ) is amended by adding at the end the following: (5) (A) In each oil and gas leasing program under this section, the Secretary shall make available for leasing and conduct lease sales including at least 50 percent of the available unleased acreage within each outer Continental Shelf planning area considered to have the largest undiscovered, technically recoverable oil and gas resources (on a total btu basis) based upon the most recent national geologic assessment of the outer Continental Shelf, with an emphasis on offering the most geologically prospective parts of the planning area. (B) The Secretary shall include in each proposed oil and gas leasing program under this section any State subdivision of an outer Continental Shelf planning area that the Governor of the State that represents that subdivision requests be made available for leasing. The Secretary may not remove such a subdivision from the program until publication of the final program. (C) In this paragraph the term available unleased acreage means that portion of the outer Continental Shelf that is not under lease at the time of a proposed lease sale, and that has not otherwise been made unavailable for leasing by law. (6) (A) In the 5-year oil and gas leasing program, the Secretary shall make available for leasing any outer Continental Shelf planning areas that— (i) are estimated to contain more than 2,500,000,000 barrels of oil; or (ii) are estimated to contain more than 7,500,000,000,000 cubic feet of natural gas. (B) To determine the planning areas described in subparagraph (A), the Secretary shall use the document entitled Minerals Management Service Assessment of Undiscovered Technically Recoverable Oil and Gas Resources of the Nation’s Outer Continental Shelf, 2006 . . 102. Domestic oil and natural gas production goal Section 18(b) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(b) ) is amended to read as follows: (b) Domestic oil and natural gas production goal – (1) In general In developing a 5-year oil and gas leasing program, and subject to paragraph (2), the Secretary shall determine a domestic strategic production goal for the development of oil and natural gas as a result of that program. Such goal shall be— (A) the best estimate of the possible increase in domestic production of oil and natural gas from the outer Continental Shelf; (B) focused on meeting domestic demand for oil and natural gas and reducing the dependence of the United States on foreign energy; and (C) focused on the production increases achieved by the leasing program at the end of the 15-year period beginning on the effective date of the program. (2) Program goal For purposes of the 5-year oil and gas leasing program, the production goal referred to in paragraph (1) shall be an increase by 2032 of— (A) no less than 3,000,000 barrels in the amount of oil produced per day; and (B) no less than 10,000,000,000 cubic feet in the amount of natural gas produced per day. (3) Reporting The Secretary shall report annually, beginning at the end of the 5-year period for which the program applies, to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the progress of the program in meeting the production goal. The Secretary shall identify in the report projections for production and any problems with leasing, permitting, or production that will prevent meeting the goal. . 103. Development and submittal of new 5-year oil and gas leasing program (a) In general The Secretary of the Interior shall— (1) by not later than July 15, 2014, publish and submit to Congress a new proposed oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) for the 5-year period beginning on such date and ending July 15, 2020; and (2) by not later than July 15, 2015, approve a final oil and gas leasing program under such section for such period. (b) Consideration of all areas In preparing such program the Secretary shall include consideration of areas of the Continental Shelf off the coasts of all States (as such term is defined in section 2 of that Act, as amended by this Act), that are subject to leasing under this Act. (c) Technical correction Section 18(d)(3) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1344(d)(3) ) is amended by striking or after eighteen months following the date of enactment of this section, whichever first occurs, . II Enhancing the 2012–2017 Five-Year Outer Continental Shelf Oil and Gas Leasing Program 201. Requirement to conduct proposed oil and gas Lease Sale 220 on the Outer Continental Shelf offshore Virginia (a) In general Notwithstanding the inclusion of Lease Sale 220 in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct offshore oil and gas Lease Sale 220 under section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 ) as soon as practicable, but not later than one year after the date of enactment of this Act. (b) Requirement To make replacement lease blocks available For each lease block in a proposed lease sale under this section for which the Secretary of Defense, in consultation with the Secretary of the Interior, under the Memorandum of Agreement referred to in section 205(b), issues a statement proposing deferral from a lease offering due to defense-related activities that are irreconcilable with mineral exploration and development, the Secretary of the Interior, in consultation with the Secretary of Defense, shall make available in the same lease sale one other lease block in the Virginia lease sale planning area that is acceptable for oil and gas exploration and production in order to mitigate conflict. (c) Balancing military and energy production goals In recognition that the Outer Continental Shelf oil and gas leasing program and the domestic energy resources produced therefrom are integral to national security, the Secretary of the Interior and the Secretary of Defense shall work jointly in implementing this section in order to ensure achievement of the following common goals: (1) Preserving the ability of the Armed Forces of the United States to maintain an optimum state of readiness through their continued use of the Outer Continental Shelf. (2) Allowing effective exploration, development, and production of our Nation’s oil, gas, and renewable energy resources. (d) Definitions In this section: (1) Lease sale 220 The term Lease Sale 220 means such lease sale referred to in the Request for Comments on the Draft Proposed 5-Year Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2010–2015 and Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Proposed 5-Year Program published January 21, 2009 (74 Fed. Reg. 3631). (2) Virginia lease sale planning area The term Virginia lease sale planning area means the area of the outer Continental Shelf (as that term is defined in the Outer Continental Shelf Lands Act ( 33 U.S.C. 1331 et seq. )) that is bounded by— (A) a northern boundary consisting of a straight line extending from the northernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 37 degrees 17 minutes 1 second North latitude, 71 degrees 5 minutes 16 seconds West longitude; and (B) a southern boundary consisting of a straight line extending from the southernmost point of Virginia’s seaward boundary to the point on the seaward boundary of the United States exclusive economic zone located at 36 degrees 31 minutes 58 seconds North latitude, 71 degrees 30 minutes 1 second West longitude. 202. South Carolina lease sale Notwithstanding inclusion of the South Atlantic Outer Continental Shelf Planning Area in the Final Outer Continental Shelf Oil & Gas Leasing Program 2012–2017, the Secretary of the Interior shall conduct a lease sale not later than 2 years after the date of the enactment of this Act for areas off the coast of South Carolina determined by the Secretary to have the most geologically promising hydrocarbon resources and constituting not less than 25 percent of the leasable area within the South Carolina offshore administrative boundaries depicted in the notice entitled Federal Outer Continental Shelf (OCS) Administrative Boundaries Extending from the Submerged Lands Act Boundary seaward to the Limit of the United States Outer Continental Shelf , published January 3, 2006 (71 Fed. Reg. 127). 203. Southern California existing infrastructure lease sale (a) In general The Secretary of the Interior shall offer for sale leases of tracts in the Santa Maria and Santa Barbara/Ventura Basins of the Southern California OCS Planning Area as soon as practicable, but not later than December 31, 2014. (b) Use of Existing Structures or Onshore-Based Drilling The Secretary of the Interior shall include in leases offered for sale under this lease sale such terms and conditions as are necessary to require that development and production may occur only from offshore infrastructure in existence on the date of the enactment of this Act or from onshore-based, extended-reach drilling. 204. Environmental impact statement requirement (a) In General For the purposes of this Act, the Secretary of the Interior shall prepare a multisale environmental impact statement under section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) for all lease sales required under this title. (b) Actions To be considered Notwithstanding section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ), in such statement— (1) the Secretary is not required to identify nonleasing alternative courses of action or to analyze the environmental effects of such alternative courses of action; and (2) the Secretary shall only— (A) identify a preferred action for leasing and not more than one alternative leasing proposal; and (B) analyze the environmental effects and potential mitigation measures for such preferred action and such alternative leasing proposal. 205. National defense (a) National Defense Areas This Act does not affect the existing authority of the Secretary of Defense, with the approval of the President, to designate national defense areas on the Outer Continental Shelf pursuant to section 12(d) of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1341(d) ). (b) Prohibition on Conflicts With Military Operations No person may engage in any exploration, development, or production of oil or natural gas on the Outer Continental Shelf under a lease issued under this Act that would conflict with any military operation, as determined in accordance with the Memorandum of Agreement between the Department of Defense and the Department of the Interior on Mutual Concerns on the Outer Continental Shelf signed July 20, 1983, and any revision or replacement for that agreement that is agreed to by the Secretary of Defense and the Secretary of the Interior after that date but before the date of issuance of the lease under which such exploration, development, or production is conducted. III Equitable Sharing of Outer Continental Shelf Revenues 301. Disposition of Outer Continental Shelf revenues to coastal States (a) In general Section 9 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1338 ) is amended— (1) in the existing text— (A) in the first sentence, by striking All rentals, and inserting the following: (c) Disposition of revenue under old leases All rentals, ; and (B) in subsection (c) (as designated by the amendment made by subparagraph (A) of this paragraph), by striking for the period from June 5, 1950, to date, and thereafter and inserting in the period beginning June 5, 1950, and ending on the date of enactment of the American-Made Energy and Infrastructure Jobs Act ; (2) by adding after subsection (c) (as so designated) the following: (d) Definitions In this section: (1) Coastal State The term coastal State includes a territory of the United States. (2) New leasing revenues The term new leasing revenues — (A) means amounts received by the United States as bonuses, rents, and royalties under leases for oil and gas, wind, tidal, or other energy exploration, development, and production on areas of the outer Continental Shelf that are authorized to be made available for leasing as a result of enactment of the American-Made Energy and Infrastructure Jobs Act and leasing under that Act; and (B) does not include amounts received by the United States under any lease of an area located in the boundaries of the Central Gulf of Mexico and Western Gulf of Mexico Outer Continental Shelf Planning Areas on the date of enactment of the American-Made Energy and Infrastructure Jobs Act , including a lease issued before, on, or after such date of enactment. ; and (3) by inserting before subsection (c) (as so designated) the following: (a) Payment of new leasing revenues to coastal States (1) In general Except as provided in paragraph (2), of the amount of new leasing revenues received by the United States each fiscal year, 37.5 percent shall be allocated and paid in accordance with subsection (b) to coastal States that are affected States with respect to the leases under which those revenues are received by the United States. (2) Phase-in (A) In general Except as provided in subparagraph (B), paragraph (1) shall be applied— (i) with respect to new leasing revenues under leases awarded under the first leasing program under section 18(a) that takes effect after the date of enactment of the American-Made Energy and Infrastructure Jobs Act , by substituting 12.5 percent for 37.5 percent ; and (ii) with respect to new leasing revenues under leases awarded under the second leasing program under section 18(a) that takes effect after the date of enactment of the American-Made Energy and Infrastructure Jobs Act , by substituting 25 percent for 37.5 percent . (B) Exempted lease sales This paragraph shall not apply with respect to any lease issued under title II of the American-Made Energy and Infrastructure Jobs Act . (b) Allocation of payments (1) In general The amount of new leasing revenues received by the United States with respect to a leased tract that are required to be paid to coastal States in accordance with this subsection each fiscal year shall be allocated among and paid to coastal States that are within 200 miles of the leased tract, in amounts that are inversely proportional to the respective distances between the point on the coastline of each such State that is closest to the geographic center of the lease tract, as determined by the Secretary. (2) Minimum and maximum allocation The amount allocated to a coastal State under paragraph (1) each fiscal year with respect to a leased tract shall be— (A) in the case of a coastal State that is the nearest State to the geographic center of the leased tract, not less than 25 percent of the total amounts allocated with respect to the leased tract; (B) in the case of any other coastal State, not less than 10 percent, and not more than 15 percent, of the total amounts allocated with respect to the leased tract; and (C) in the case of a coastal State that is the only coastal State within 200 miles of a least tract, 100 percent of the total amounts allocated with respect to the leased tract. (3) Administration Amounts allocated to a coastal State under this subsection— (A) shall be available to the coastal State without further appropriation; (B) shall remain available until expended; and (C) shall be in addition to any other amounts available to the coastal State under this Act. (4) Use of funds (A) In general Except as provided in subparagraph (B), a coastal State may use funds allocated and paid to it under this subsection for any purpose as determined by the laws of that State. (B) Restriction on use for matching Funds allocated and paid to a coastal State under this subsection may not be used as matching funds for any other Federal program. . (b) Limitation on application This section and the amendment made by this section shall not affect the application of section 105 of the Gulf of Mexico Energy Security Act of 2006 (title I of division C of Public Law 109–432 ; ( 43 U.S.C. 1331 note)), as in effect before the enactment of this Act, with respect to revenues received by the United States under oil and gas leases issued for tracts located in the Western and Central Gulf of Mexico Outer Continental Shelf Planning Areas, including such leases issued on or after the date of the enactment of this Act. 302. Acceleration of Phase II GOMESA revenue sharing Section 105 of the of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note) is amended— (1) in subsection (b)(1)— (A) in the heading for paragraph (1), by striking 2016 and inserting 2014 ; and (B) in subparagraph (A), by striking 2016 and inserting 2014 ; (2) in subsection (b)(2)— (A) in the heading for paragraph (1), by striking 2017 and inserting 2015 ; and (B) in subparagraph (A), by striking 2017 and inserting 2015 ; and (3) in subsection (f)(1), by inserting before the period , except that such amount shall increase by $250,000,000 upon the issuance of each 5-year oil and gas leasing program under section 18 of the Outer Continental Shelf Lands Act (43 U.S.C. 1344) . IV Reorganization of Minerals Management Agencies of the Department of the Interior 401. Establishment of Under Secretary for Energy, Lands, and Minerals and Assistant Secretary of Ocean Energy and Safety There shall be in the Department of the Interior— (1) an Under Secretary for Energy, Lands, and Minerals, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Secretary of the Interior or, if directed by the Secretary, to the Deputy Secretary of the Interior; (C) be paid at the rate payable for level III of the Executive Schedule; and (D) be responsible for— (i) the safe and responsible development of our energy and mineral resources on Federal lands in appropriate accordance with United States energy demands; and (ii) ensuring multiple-use missions of the Department of the Interior that promote the safe and sustained development of energy and minerals resources on public lands (as that term is defined in the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.)); (2) an Assistant Secretary of Ocean Energy and Safety, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on the Outer Continental Shelf of the United States; and (3) an Assistant Secretary of Land and Minerals Management, who shall— (A) be appointed by the President, by and with the advise and consent of the Senate; (B) report to the Under Secretary for Energy, Lands, and Minerals; (C) be paid at the rate payable for level IV of the Executive Schedule; and (D) be responsible for ensuring safe and efficient development of energy and minerals on public lands and other Federal onshore lands under the jurisdiction of the Department of the Interior, including implementation of the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) and the Surface Mining Control and Reclamation Act ( 30 U.S.C. 1201 et seq. ) and administration of the Office of Surface Mining. 402. Bureau of Ocean Energy (a) Establishment There is established in the Department of the Interior a Bureau of Ocean Energy (referred to in this section as the Bureau ), which shall— (1) be headed by a Director of Ocean Energy (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Bureau all functions, powers, and duties vested in the Secretary relating to the administration of a comprehensive program of offshore mineral and renewable energy resources management. (2) Specific authorities The Director shall promulgate and implement regulations— (A) for the proper issuance of leases for the exploration, development, and production of nonrenewable and renewable energy and mineral resources on the Outer Continental Shelf; (B) relating to resource identification, access, evaluation, and utilization; (C) for development of leasing plans, lease sales, and issuance of leases for such resources; and (D) regarding issuance of environmental impact statements related to leasing and post leasing activities including exploration, development, and production, and the use of third party contracting for necessary environmental analysis for the development of such resources. (3) Limitation The Secretary shall not carry out through the Bureau any function, power, or duty that is— (A) required by section 403 to be carried out through the Ocean Energy Safety Service; or (B) required by section 404 to be carried out through the Office of Natural Resources Revenue. (d) Responsibilities of land management agencies Nothing in this section shall affect the authorities of the Bureau of Land Management under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) or of the Forest Service under the National Forest Management Act of 1976 ( Public Law 94–588 ). 403. Ocean Energy Safety Service (a) Establishment There is established in the Department of the Interior an Ocean Energy Safety Service (referred to in this section as the Service ), which shall— (1) be headed by a Director of Energy Safety (referred to in this section as the Director ); and (2) be administered under the direction of the Assistant Secretary of Ocean Energy and Safety. (b) Director (1) Appointment The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out through the Service all functions, powers, and duties vested in the Secretary relating to the administration of safety and environmental enforcement activities related to offshore mineral and renewable energy resources on the Outer Continental Shelf pursuant to the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq. ) including the authority to develop, promulgate, and enforce regulations to ensure the safe and sound exploration, development, and production of mineral and renewable energy resources on the Outer Continental Shelf in a timely fashion. (2) Specific authorities The Director shall be responsible for all safety activities related to exploration and development of renewable and mineral resources on the Outer Continental Shelf, including— (A) exploration, development, production, and ongoing inspections of infrastructure; (B) the suspending or prohibiting, on a temporary basis, any operation or activity, including production under leases held on the Outer Continental Shelf, in accordance with section 5(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(1)); (C) cancelling any lease, permit, or right-of-way on the Outer Continental Shelf, in accordance with section 5(a)(2) of the Outer Continental Shelf Lands Act (43 U.S.C. 1334(a)(2)); (D) compelling compliance with applicable Federal laws and regulations relating to worker safety and other matters; (E) requiring comprehensive safety and environmental management programs for persons engaged in activities connected with the exploration, development, and production of mineral or renewable energy resources; (F) developing and implementing regulations for Federal employees to carry out any inspection or investigation to ascertain compliance with applicable regulations, including health, safety, or environmental regulations; (G) implementing the Offshore Technology Research and Risk Assessment Program under section 21 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1347 ); (H) summoning witnesses and directing the production of evidence; (I) levying fines and penalties and disqualifying operators; (J) carrying out any safety, response, and removal preparedness functions; and (K) the processing of permits, exploration plans, development plans. (d) Employees (1) In general The Secretary shall ensure that the inspection force of the Bureau consists of qualified, trained employees who meet qualification requirements and adhere to the highest professional and ethical standards. (2) Qualifications The qualification requirements referred to in paragraph (1)— (A) shall be determined by the Secretary, subject to subparagraph (B); and (B) shall include— (i) three years of practical experience in oil and gas exploration, development, or production; or (ii) a degree in an appropriate field of engineering from an accredited institution of higher learning. (3) Assignment In assigning oil and gas inspectors to the inspection and investigation of individual operations, the Secretary shall give due consideration to the extent possible to their previous experience in the particular type of oil and gas operation in which such inspections are to be made. (4) Background checks The Director shall require that an individual to be hired as an inspection officer undergo an employment investigation (including a criminal history record check). (5) Language requirements Individuals hired as inspectors must be able to read, speak, and write English well enough to— (A) carry out written and oral instructions regarding the proper performance of inspection duties; and (B) write inspection reports and statements and log entries in the English language. (6) Veterans preference The Director shall provide a preference for the hiring of an individual as a inspection officer if the individual is a member or former member of the Armed Forces and is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member of the Armed Forces. (7) Annual proficiency review (A) Annual proficiency review The Director shall provide that an annual evaluation of each individual assigned inspection duties is conducted and documented. (B) Continuation of employment An individual employed as an inspector may not continue to be employed in that capacity unless the evaluation demonstrates that the individual— (i) continues to meet all qualifications and standards; (ii) has a satisfactory record of performance and attention to duty based on the standards and requirements in the inspection program; and (iii) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform inspection functions. (8) Limitation on right to strike Any individual that conducts permitting or inspections under this section may not participate in a strike, or assert the right to strike. (9) Personnel authority Notwithstanding any other provision of law, the Director may employ, appoint, discipline and terminate for cause, and fix the compensation, terms, and conditions of employment of Federal service for individuals as the employees of the Service in order to restore and maintain the trust of the people of the United States in the accountability of the management of our Nation’s energy safety program. (10) Training Academy (A) In general The Secretary shall establish and maintain a National Offshore Energy Safety Academy (referred to in this paragraph as the Academy ) as an agency of the Ocean Energy Safety Service. (B) Functions of Academy The Secretary, through the Academy, shall be responsible for— (i) the initial and continued training of both newly hired and experienced offshore oil and gas inspectors in all aspects of health, safety, environmental, and operational inspections; (ii) the training of technical support personnel of the Bureau; (iii) any other training programs for offshore oil and gas inspectors, Bureau personnel, Department personnel, or other persons as the Secretary shall designate; and (iv) certification of the successful completion of training programs for newly hired and experienced offshore oil and gas inspectors. (C) Cooperative agreements (i) In general In performing functions under this paragraph, and subject to clause (ii), the Secretary may enter into cooperative educational and training agreements with educational institutions, related Federal academies, other Federal agencies, State governments, safety training firms, and oil and gas operators and related industries. (ii) Training requirement Such training shall be conducted by the Academy in accordance with curriculum needs and assignment of instructional personnel established by the Secretary. (11) Use of Department personnel In performing functions under this subsection, the Secretary shall use, to the extent practicable, the facilities and personnel of the Department of the Interior. The Secretary may appoint or assign to the Academy such officers and employees as the Secretary considers necessary for the performance of the duties and functions of the Academy. (12) Additional training programs (A) In general The Secretary shall work with appropriate educational institutions, operators, and representatives of oil and gas workers to develop and maintain adequate programs with educational institutions and oil and gas operators that are designed— (i) to enable persons to qualify for positions in the administration of this Act; and (ii) to provide for the continuing education of inspectors or other appropriate Department of the Interior personnel. (B) Financial and technical assistance The Secretary may provide financial and technical assistance to educational institutions in carrying out this paragraph. (e) Limitation The Secretary shall not carry out through the Service any function, power, or duty that is— (1) required by section 402 to be carried out through Bureau of Ocean Energy; or (2) required by section 404 to be carried out through the Office of Natural Resources Revenue. 404. Office of Natural Resources revenue (a) Establishment There is established in the Department of the Interior an Office of Natural Resources Revenue (referred to in this section as the Office ) to be headed by a Director of Natural Resources Revenue (referred to in this section as the Director ). (b) Appointment and compensation (1) In general The Director shall be appointed by the Secretary of the Interior. (2) Compensation The Director shall be compensated at the rate provided for Level V of the Executive Schedule under section 5316 of title 5, United States Code. (c) Duties (1) In general The Secretary of the Interior shall carry out, through the Office, all functions, powers, and duties vested in the Secretary and relating to the administration of offshore royalty and revenue management functions. (2) Specific authorities The Secretary shall carry out, through the Office, all functions, powers, and duties previously assigned to the Minerals Management Service (including the authority to develop, promulgate, and enforce regulations) regarding offshore royalty and revenue collection; royalty and revenue distribution; auditing and compliance; investigation and enforcement of royalty and revenue regulations; and asset management for onshore and offshore activities. (d) Limitation The Secretary shall not carry out through the Office any function, power, or duty that is— (1) required by section 402 to be carried out through Bureau of Ocean Energy; or (2) required by section 403 to be carried out through the Ocean Energy Safety Service. 405. Ethics and drug testing (a) Certification The Secretary of the Interior shall certify annually that all Department of the Interior officers and employees having regular, direct contact with lessees, contractors, concessionaires, and other businesses interested before the Government as a function of their official duties, or conducting investigations, issuing permits, or responsible for oversight of energy programs, are in full compliance with all Federal employee ethics laws and regulations under the Ethics in Government Act of 1978 (5 U.S.C. App.) and part 2635 of title 5, Code of Federal Regulations, and all guidance issued under subsection (c). (b) Drug Testing The Secretary shall conduct a random drug testing program of all Department of the Interior personnel referred to in subsection (a). (c) Guidance Not later than 90 days after the date of enactment of this Act, the Secretary shall issue supplementary ethics and drug testing guidance for the employees for which certification is required under subsection (a). The Secretary shall update the supplementary ethics guidance not less than once every 3 years thereafter. 406. Abolishment of Minerals Management Service (a) Abolishment The Minerals Management Service is abolished. (b) Completed administrative actions (1) In general Completed administrative actions of the Minerals Management Service shall not be affected by the enactment of this Act, but shall continue in effect according to their terms until amended, modified, superseded, terminated, set aside, or revoked in accordance with law by an officer of the United States or a court of competent jurisdiction, or by operation of law. (2) Completed administrative action defined For purposes of paragraph (1), the term completed administrative action includes orders, determinations, memoranda of understanding, memoranda of agreements, rules, regulations, personnel actions, permits, agreements, grants, contracts, certificates, licenses, registrations, and privileges. (c) Pending Proceedings Subject to the authority of the Secretary of the Interior and the officers of the Department of the Interior under this Act— (1) pending proceedings in the Minerals Management Service, including notices of proposed rulemaking, and applications for licenses, permits, certificates, grants, and financial assistance, shall continue, notwithstanding the enactment of this Act or the vesting of functions of the Service in another agency, unless discontinued or modified under the same terms and conditions and to the same extent that such discontinuance or modification could have occurred if this Act had not been enacted; and (2) orders issued in such proceedings, and appeals therefrom, and payments made pursuant to such orders, shall issue in the same manner and on the same terms as if this Act had not been enacted, and any such orders shall continue in effect until amended, modified, superseded, terminated, set aside, or revoked by an officer of the United States or a court of competent jurisdiction, or by operation of law. (d) Pending Civil Actions Subject to the authority of the Secretary of the Interior or any officer of the Department of the Interior under this Act, pending civil actions shall continue notwithstanding the enactment of this Act, and in such civil actions, proceedings shall be had, appeals taken, and judgments rendered and enforced in the same manner and with the same effect as if such enactment had not occurred. (e) References References relating to the Minerals Management Service in statutes, Executive orders, rules, regulations, directives, or delegations of authority that precede the effective date of this Act are deemed to refer, as appropriate, to the Department, to its officers, employees, or agents, or to its corresponding organizational units or functions. Statutory reporting requirements that applied in relation to the Minerals Management Service immediately before the effective date of this Act shall continue to apply. 407. Conforming amendments to Executive Schedule pay rates (a) Under Secretary for Energy, Lands, and Minerals Section 5314 of title 5, United States Code, is amended by inserting after the item relating to Under Secretaries of the Treasury (3) the following: Under Secretary for Energy, Lands, and Minerals, Department of the Interior. . (b) Assistant Secretaries Section 5315 of title 5, United States Code, is amended by striking Assistant Secretaries, Department of the Interior (6) and inserting the following: Assistant Secretaries, Department of the Interior (7). . (c) Directors Section 5316 of title 5, United States Code, is amended by striking Director, Bureau of Mines, Department of the Interior. and inserting the following new items: Director, Bureau of Ocean Energy, Department of the Interior. Director, Ocean Energy Safety Service, Department of the Interior. Director, Office of Natural Resources Revenue, Department of the Interior. . 408. Outer Continental Shelf Energy Safety Advisory Board (a) Establishment The Secretary of the Interior shall establish, under the Federal Advisory Committee Act, an Outer Continental Shelf Energy Safety Advisory Board (referred to in this section as the Board )— (1) to provide the Secretary and the Directors established by this Act with independent scientific and technical advice on safe, responsible, and timely mineral and renewable energy exploration, development, and production activities; and (2) to review operations of the National Offshore Energy Health and Safety Academy established under section 403(d), including submitting to the Secretary recommendations of curriculum to ensure training scientific and technical advancements. (b) Membership (1) Size The Board shall consist of not more than 11 members, who— (A) shall be appointed by the Secretary based on their expertise in oil and gas drilling, well design, operations, well containment and oil spill response; and (B) must have significant scientific, engineering, management, and other credentials and a history of working in the field related to safe energy exploration, development, and production activities. (2) Consultation and nominations The Secretary shall consult with the National Academy of Sciences and the National Academy of Engineering to identify potential candidates for the Board and shall take nominations from the public. (3) Term The Secretary shall appoint Board members to staggered terms of not more than 4 years, and shall not appoint a member for more than 2 consecutive terms. (4) Balance In appointing members to the Board, the Secretary shall ensure a balanced representation of industry and research interests. (c) Chair The Secretary shall appoint the Chair for the Board from among its members. (d) Meetings The Board shall meet not less than 3 times per year and shall host, at least once per year, a public forum to review and assess the overall energy safety performance of Outer Continental Shelf mineral and renewable energy resource activities. (e) Offshore drilling safety assessments and recommendations As part of its duties under this section, the Board shall, by not later than 180 days after the date of enactment of this section and every 5 years thereafter, submit to the Secretary a report that— (1) assesses offshore oil and gas well control technologies, practices, voluntary standards, and regulations in the United States and elsewhere; and (2) as appropriate, recommends modifications to the regulations issued under this Act to ensure adequate protection of safety and the environment, including recommendations on how to reduce regulations and administrative actions that are duplicative or unnecessary. (f) Reports Reports of the Board shall be submitted by the Board to the Committee on Natural Resources of the House or Representatives and the Committee on Energy and Natural Resources of the Senate and made available to the public in electronically accessible form. (g) Travel expenses Members of the Board, other than full-time employees of the Federal Government, while attending meeting of the Board or while otherwise serving at the request of the Secretary or the Director while serving away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Government serving without pay. 409. Outer Continental Shelf inspection fees Section 22 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1348 ) is amended by adding at the end of the section the following: (g) Inspection fees (1) Establishment The Secretary of the Interior shall collect from the operators of facilities subject to inspection under subsection (c) non-refundable fees for such inspections— (A) at an aggregate level equal to the amount necessary to offset the annual expenses of inspections of outer Continental Shelf facilities (including mobile offshore drilling units) by the Department of the Interior; and (B) using a schedule that reflects the differences in complexity among the classes of facilities to be inspected. (2) Ocean energy safety fund There is established in the Treasury a fund, to be known as the Ocean Energy Enforcement Fund (referred to in this subsection as the Fund ), into which shall be deposited all amounts collected as fees under paragraph (1) and which shall be available as provided under paragraph (3). (3) Availability of fees (A) In general Notwithstanding section 3302 of title 31, United States Code, all amounts deposited in the Fund— (i) shall be credited as offsetting collections; (ii) shall be available for expenditure for purposes of carrying out inspections of outer Continental Shelf facilities (including mobile offshore drilling units) and the administration of the inspection program under this section; (iii) shall be available only to the extent provided for in advance in an appropriations Act; and (iv) shall remain available until expended. (B) Use for field offices Not less than 75 percent of amounts in the Fund may be appropriated for use only for the respective Department of the Interior field offices where the amounts were originally assessed as fees. (4) Initial fees Fees shall be established under this subsection for the fiscal year in which this subsection takes effect and the subsequent 10 years, and shall not be raised without advise and consent of the Congress, except as determined by the Secretary to be appropriate as an adjustment equal to the percentage by which the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds the Consumer Price Index for the month of June of the calendar year in which the claim was determined or last adjusted. (5) Annual fees Annual fees shall be collected under this subsection for facilities that are above the waterline, excluding drilling rigs, and are in place at the start of the fiscal year. Fees for each fiscal year in the period of fiscal years 2013 through 2022 shall be— (A) $10,500 for facilities with no wells, but with processing equipment or gathering lines; (B) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and (C) $31,500 for facilities with more than 10 wells, with any combination of active or inactive wells. (6) Fees for drilling rigs Fees for drilling rigs shall be assessed under this subsection for all inspections completed in fiscal years 2013 through 2022. Fees for fiscal year 2013 shall be: (A) $30,500 per inspection for rigs operating in water depths of 1,000 feet or more; and (B) $16,700 per inspection for rigs operating in water depths of less than 1,000 feet. (7) Billing The Secretary shall bill designated operators under paragraph (5) within 60 days after the date of the inspection, with payment required within 30 days of billing. The Secretary shall bill designated operators under paragraph (6) within 30 days of the end of the month in which the inspection occurred, with payment required within 30 days after billing. (8) Sunset No fee may be collected under this subsection for any fiscal year after fiscal year 2022. (9) Annual reports (A) In general Not later than 60 days after the end of each fiscal year beginning with fiscal year 2013, 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 report on the operation of the Fund during the fiscal year. (B) Contents Each report shall include, for the fiscal year covered by the report, the following: (i) A statement of the amounts deposited into the Fund. (ii) A description of the expenditures made from the Fund for the fiscal year, including the purpose of the expenditures and the additional hiring of personnel. (iii) A statement of the balance remaining in the Fund at the end of the fiscal year. (iv) An accounting of pace of permit approvals. (v) If fee increases are proposed after the initial 10-year period referred to in paragraph (5), a proper accounting of the potential adverse economic impacts such fee increases will have on offshore economic activity and overall production, conducted by the Secretary. (vi) Recommendations to increase the efficacy and efficiency of offshore inspections. (vii) Any corrective actions levied upon offshore inspectors as a result of any form of misconduct. . V United States Territories 501. Application of Outer Continental Shelf Lands Act with respect to territories of the United States Section 2 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 ) is amended— (1) in paragraph (a), by inserting after control the following: or lying within the United States exclusive economic zone and the Continental Shelf adjacent to any territory of the United States ; (2) in paragraph (p), by striking and after the semicolon at the end; (3) in paragraph (q), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (r) The term State includes each territory of the United States. . VI Infrastructure Revenue Bonds 601. Leveraging Infrastructure Trust Account with infrastructure revenue bonds (a) In general Subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended by inserting after section 3102 the following new section: 3102A. Infrastructure revenue bonds (a) In general With the approval of the President, the Secretary of the Treasury may borrow for highway and transportation project expenditures, and water infrastructure expenditures, authorized by law after the date of the enactment of this section and may issue interest-bearing bonds for the amounts borrowed and may buy, redeem, and make refunds under section 3111 of this title. The Secretary may prescribe conditions under section 3121 of this title, except that such bonds shall mature 20 years from the date of issue. (b) Financed with Infrastructure Trust Account Such obligations, and the interest thereon, are not guaranteed by the United States and shall be paid solely from amounts deposited in the Infrastructure Trust Account established by paragraph (6)(A)(ii) of section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(g)). (c) Limitation The aggregate face amount of obligations issued during a calendar year under subsection (a) shall not exceed— (1) $25,000,000,000 for each of calendar years 2014 through 2019; and (2) $0 for each calendar year thereafter. (d) Redemption The Government may redeem any part of a series of bonds before maturity by giving at least 4 months’ notice. . (b) Clerical amendment The table of sections subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended by inserting after section 3102 the following new item: 3102A. Infrastructure revenue bonds. . 602. Ninety-five percent of bond proceeds for Highway Trust Fund (a) In general Subsection (b) of section 9503 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (7) Infrastructure revenue bond proceeds There are hereby appropriated to the Highway Trust Fund amounts equivalent to 95 percent of any proceeds from the issuance of infrastructure revenue bonds under section 3102A of title 31, United States Code. . (b) Clerical amendment The heading for subsection (b) of section 9503 of such Code is amended by striking taxes and penalties and inserting taxes, penalties, and bond proceeds . 603. Five percent of bond proceeds for State revolving loan funds for wastewater treatment facilities and drinking water facilities (a) Wastewater treatment facilities Amounts equivalent to 2.5 percent of any proceeds from the issuance of infrastructure revenue bonds under section 3102A of title 31, United States Code, shall be made available to the Administrator of the Environmental Protection Agency for making capitalization grants to eligible States under title VI of the Federal Water Pollution Control Act ( 33 U.S.C. 1381 et seq. ). (b) Drinking water facilities Amounts equivalent to 2.5 percent of any proceeds from the issuance of infrastructure revenue bonds under section 3102A of title 31, United States Code, shall be made available to the Administrator of the Environmental Protection Agency for making capitalization grants to eligible States under section 1452 of the Safe Drinking Water Act ( 42 U.S.C. 300j–12 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2784ih/xml/BILLS-113hr2784ih.xml

113-hr-2785

I 113th CONGRESS 1st Session H. R. 2785 IN THE HOUSE OF REPRESENTATIVES July 22, 2013 Mr. Walz (for himself, Mr. Denham , Mr. Bentivolio , and Ms. Speier ) 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 improve the hiring of veterans by the Federal Government and State governments, and for other purposes. 1. Short title This Act may be cited as the Military Reserve Jobs Act . 2. Preference eligibility for members of reserve components of the armed forces appointed to competitive service; clarification of appeal rights (a) Preference eligibility Section 2108 of title 5, United States Code, is amended— (1) in paragraph (3)— (A) in subparagraph (G)(iii), by striking and at the end; (B) by inserting the following after subparagraph (H): (I) an individual who is a member of a reserve component of the armed forces: (i) who has— (I) successfully completed officer candidate training or entry level and skill training; and (II) incurred, or is performing, an initial period of obligated service in a reserve component of the armed forces of not less than 6 consecutive years; or (ii) who has completed at least 10 years of service in a reserve component of the armed forces in each of which the individual was credited with at least 50 points under section 12732 of title 10 toward the computation of years of service under section 12732 of title 10 for purposes of eligibility for retired pay under chapter 1223 of title 10; and (J) an individual who is— (i) retired from service in a reserve component of the armed forces; and (ii) eligible for, but has not yet commenced receipt of, retired pay for non-regular service under chapter 1223 of title 10; ; (2) in paragraph (4)— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B), by striking and at the end and inserting or ; and (C) by adding at the end the following: (C) the individual is a retiree described in paragraph (3)(J); ; (3) in paragraph (5) by striking and at the end; and (4) by adding at the end the following: (6) entry level and skill training has the meaning given that term in section 3301(2) of title 38; and (7) reserve component of the armed forces means a reserve component specified in section 101(27) of title 38. . (b) Tiered hiring preference for members of reserve components of the armed forces Section 3309 of title 5, United States Code, is amended— (1) in paragraph (1), by striking and at the end; and (2) by striking paragraph (2) and inserting the following: (2) a preference eligible under subparagraph (A), (B), or (J) of section 2108(3) of this title—5 points; (3) a preference eligible under section 2108(3)(I)(ii) of this title—4 points; and (4) a preference eligible under section 2108(3)(I)(i) of this title—3 points. . (c) Clarification of appeal rights (1) In general Section 3330a of title 5, United States Code, is amended— (A) in subsection (a)(1)(A), by inserting , including a preference eligible appointed pursuant to section 7401 of title 38 or otherwise employed by the Veterans Health Administration of the Department of Veterans Affairs, after A preference eligible ; and (B) in subsection (d)(1), by inserting , including a complaint so filed by a preference eligible appointed pursuant to section 7401 of title 38 or otherwise employed by the Veterans Health Administration, after If the Secretary of Labor is unable to resolve a complaint under subsection (a) . (2) Coordination rule Section 3330a of title 5, United States Code, is amended by adding at the end the following new subsection: (f) If any part of this section is deemed to be inconsistent with any provision of chapter 74 of title 38, this section shall be deemed to supersede, override or otherwise modify such provision of chapter 74 of title 38. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2785ih/xml/BILLS-113hr2785ih.xml

113-hr-2786

IB Union Calendar No. 125 113th CONGRESS 1st Session H. R. 2786 [Report No. 113–172] IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Crenshaw , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for financial services and general government for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of the treasury Departmental offices Salaries and expenses For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Annex; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business, $182,000,000. Of the amount appropriated under this heading— (1) not to exceed $2,781,000 is for the Office of Public Affairs and not to exceed $2,000,000 is for the Office of Legislative Affairs; not to exceed $200,000 is for official reception and representation expenses; not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on his certificate; and, notwithstanding any other provision of law, up to $1,000,000 may be contributed to the Organization for Economic Cooperation and Development for the Department’s participation in programs related to global tax administration; (2) $11,287,000, to remain available until September 30, 2015, is for the Treasury-wide Financial Statement Audit and Internal Control Program, and information technology modernization requirements; and (3) up to $4,900,000, to remain available until September 30, 2016, is for cyber security, and to develop and implement programs within the Office of Critical Infrastructure Protection and Compliance Policy, including entering into cooperative agreements. Office of Terrorism and Financial Intelligence salaries and expenses (including transfer of funds) For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, money launderers, drug kingpins, and other national security threats, $105,000,000: Provided , That of the amount appropriated under this heading: (1) not to exceed $26,000,000 is available for administrative expenses; and (2) $500,000, to remain available until September 30, 2015, is for secure space requirements: Provided further , That the unobligated balances of prior year appropriations made available for terrorism and financial intelligence activities under the heading Department of the Treasury—Departmental Offices—Salaries and Expenses shall be transferred to, and merged with, this account. Office of inspector general Salaries and expenses For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $31,351,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; and of which not to exceed $1,000 shall be available for official reception and representation expenses. Treasury inspector general for tax administration Salaries and expenses For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, including purchase (not to exceed 150 for replacement only for police-type use) and hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); and services authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Inspector General for Tax Administration; $155,000,000, of which $5,000,000 shall remain available until September 30, 2015; of which not to exceed $500,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General for Tax Administration; and of which not to exceed $1,500 shall be available for official reception and representation expenses. Special Inspector General for the Troubled Asset Relief Program Salaries and expenses For necessary expenses of the Office of the Special Inspector General in carrying out the provisions of the Emergency Economic Stabilization Act of 2008 ( Public Law 110–343 ), $34,923,000. Financial Crimes Enforcement Network Salaries and expenses For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109 ; not to exceed $7,000 for official reception and representation expenses; and for assistance to Federal law enforcement agencies, with or without reimbursement, $110,788,000, of which not to exceed $34,335,000 shall remain available until September 30, 2016. Treasury Forfeiture Fund (rescission) Of the unobligated balances available under this heading, $1,219,000,000 are permanently rescinded. Bureau of the Fiscal Service Salaries and Expenses For necessary expenses of operations of the Bureau of the Fiscal Service, $359,465,000; of which not to exceed $4,210,000, to remain available until September 30, 2016, is for information systems modernization initiatives; of which $8,740,000 shall remain available until September 30, 2016, for expenses related to the consolidation of Financial Management Service and the Bureau of the Public Debt; and of which $5,000 shall be available for official reception and representation expenses. In addition, $165,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380 . Alcohol and Tobacco Tax and Trade Bureau Salaries and expenses For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $95,704,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; of which not to exceed $50,000 shall be available for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement. United States Mint united states mint public enterprise fund Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided , That the aggregate amount of new liabilities and obligations incurred during fiscal year 2014 under such section 5136 for circulating coinage and protective service capital investments of the United States Mint shall not exceed $19,000,000. Community Development Financial Institutions Fund Program Account To carry out the Riegle Community Development and Regulatory Improvements Act of 1994 (subtitle A of title I of Public Law 103–325 ), including services authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the rate for ES-3, $221,000,000. Of the amount appropriated under this heading— (1) up to $2,222,500 may be used for the cost of direct loans: Provided, That the cost of direct loans, 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 $25,000,000; (2) $12,000,000 is available until September 30, 2015, for financial assistance, technical assistance, training and outreach programs, designed to benefit Native American, Native Hawaiian, and Alaskan Native communities and provided primarily through qualified community development lender organizations with experience and expertise in community development banking and lending in Indian country, Native American organizations, tribes and tribal organizations and other suitable providers; and (3) $20,000,000 may be used for administrative expenses, including administration of the New Markets Tax Credit Program, of which up to $300,000 for the administrative costs of a direct loan program. Internal Revenue Service Taxpayer services For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, the operating expenses of the Taxpayer Advocate Service, and to administer the tax credit in title II of division A of the Trade Act of 2002 ( Public Law 107–210 ), $1,900,000,000, of which not less than $5,600,000 shall be for the Tax Counseling for the Elderly Program, of which not less than $9,750,000 shall be available for low-income taxpayer clinic grants, and of which not less than $12,000,000, to remain available until September 30, 2015, shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance. Enforcement For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, and to purchase (for police-type use, not to exceed 850) and hire passenger motor vehicles ( 31 U.S.C. 1343(b) ), $3,865,990,000, of which $200,000 shall be for intensive training of employees in the Exempt Organizations Unit and of which not less than $60,257,000 shall be for the Interagency Crime and Drug Enforcement program: Provided, That $386,000,000 of funds provided under this heading shall not be available for obligation or expenditure until the Treasury Inspector General for Tax Administration issues an opinion stating that the recommendations contained in audit report 2013-10-053 (Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review) have been implemented by the Internal Revenue Service. Operations support For necessary expenses of the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and security; the operations of the Internal Revenue Service Oversight Board; and the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) ); $2,900,000,000, of which not to exceed $250,000,000 shall remain available until September 30, 2015, for information technology support; of which not to exceed $65,000,000 shall remain available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed $1,000,000 shall remain available until September 30, 2016, for research; and of which not to exceed $10,000 shall be for official reception and representation expenses: Provided , That not later than 14 days after the end of each quarter, the Internal Revenue Service shall submit a report to the House and Senate Committees on Appropriations, the House Committee on Ways and Means, the Senate Committee on Finance, and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including the purpose and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter: Provided further , That the Internal Revenue Service shall include, in its budget justification for fiscal year 2015, a summary of cost and schedule performance information for its major information technology systems. Business systems modernization For necessary expenses of the Internal Revenue Service's business systems modernization program, $300,000,000, to remain available until September 30, 2016, for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, and related Internal Revenue Service labor costs: Provided , That not later than 14 days after the end of each quarter, the Internal Revenue Service shall submit a report to the House and Senate Committees on Appropriations, the House Committee on Ways and Means, the Senate Committee on Finance, and the Comptroller General of the United States detailing the cost and schedule performance for CADE2 and Modernized e-File information technology investments, including the purposes and life-cycle stages of the investments; the reasons for any cost and schedule variances; the risks of such investments and the strategies the Internal Revenue Service is using to mitigate such risks; and the expected developmental milestones to be achieved and costs to be incurred in the next quarter. Administrative provisions—Internal revenue service (including transfer of funds) 101. Not to exceed 5 percent of any appropriation made available in this Act to the Internal Revenue Service or not to exceed 3 percent of appropriations under the heading Enforcement may be transferred to any other Internal Revenue Service appropriation upon the advance approval of the Committees on Appropriations. 102. (a) The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers’ rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. (b) Not later than 45 days after the date of the enactment of this Act, the Internal Revenue Service shall submit to the Committees on Appropriations of the House of Representatives and Senate a report detailing all completed and planned training for fiscal years 2013 and 2014. With respect to each training topic, the report shall specify the division and office to which such training is directed, the appropriation account from which funds are provided for such training, the quarter during which the obligation for such training is incurred, the number of hours dedicated to such training, the number of employees participating, the number of managers participating, the type of training or education credits earned, and the medium for such training. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make the improvement of the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to improve the Internal Revenue Service 1–800 help line service. 105. Funds made available to the Internal Revenue Service in this Act shall be available for services as authorized by 5 U.S.C. 3109 , at such rates as may be determined by the Commissioner. 106. None of the funds made available by this Act may be used to pay the salaries or expenses of any individual to carry out any transfer of funds to the Internal Revenue Service under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ). 107. None of the funds made available by this Act may be used by the Internal Revenue Service to implement or enforce section 5000A of the Internal Revenue Code of 1986, section 6055 of such Code, section 1502(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), or any amendments made by section 1502(b) of such Act. 108. None of funds made available to the Internal Revenue Service by this Act may be used to make a video unless the Service-Wide Video Editorial Board determines in advance that making the video is appropriate, taking into account the cost, topic, tone, and purpose of the video. 109. None of the funds made available by this Act may be obligated or expended by the Internal Revenue Service for employee bonus and award programs until the Chief Risk Officer and Chief Human Capital Officer submits to the Committees on Appropriations of the House of Representative and Senate— (1) a report for the prior, current, and budget year (by appropriation account) of— (A) each component’s total number of executive and non-executive staff, and their respective salaries; and (B) each component’s total number of bonuses and awards for executive and non-executive staff, and their respective amounts; and (2) an evaluation, reviewed by the Office of Personnel Management, that measures how current bonus and award programs increase employee productivity and performance. 110. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences until the Treasury Inspector General for Tax Administration issues an opinion that the recommendations contained in audit report 2013-10-037 (Review of the August 2010 Small Business/Self-Employed Division’s Conference in Anaheim, California) have been implemented by the Service. 111. The IRS shall submit an organization, mission, and functions manual every year with its budget request. The manual will include IRS organization chart; a description of each component’s mission and responsibilities; an organization chart and field office map for each component; and the funds, positions, and workload for the prior year, current year, and budget year for each box of the component’s organization chart. 112. (a) Not later than 30 days after the end of each quarter, the Internal Revenue Service shall submit reports on its activities to the House and the Senate Committees on Appropriations. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by appropriation, object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by appropriation, object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; and (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year. Administrative provisions—Department of the Treasury (including transfers of funds) 113. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning; purchase of insurance for official motor vehicles operated in foreign countries; purchase of motor vehicles without regard to the general purchase price limitations for vehicles purchased and used overseas for the current fiscal year; entering into contracts with the Department of State for the furnishing of health and medical services to employees and their dependents serving in foreign countries; and services authorized by 5 U.S.C. 3109. 114. Not to exceed 2 percent of any appropriations in this title made available under the headings Departmental Offices—Salaries and Expenses , Office of Inspector General , Special Inspector General for the Troubled Asset Relief Program , Financial Crimes Enforcement Network , Bureau of the Fiscal Service , Alcohol and Tobacco Tax and Trade Bureau , and Community Development Financial Institutions Fund may be transferred between such appropriations upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That no transfer under this section may increase or decrease any such appropriation by more than 2 percent. 115. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided , That no transfer may increase or decrease any such appropriation by more than 2 percent. 116. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. 117. The Secretary of the Treasury may transfer funds from the Bureau of the Fiscal Service—Salaries and Expenses to the Debt Collection Fund as necessary to cover the costs of debt collection: Provided, That such amounts shall be reimbursed to such salaries and expenses account from debt collections received in the Debt Collection Fund. 118. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. 119. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 120. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2014 until the enactment of the Intelligence Authorization Act for Fiscal Year 2014. 121. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing’s Industrial Revolving Fund for official reception and representation expenses. 122. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the Senate and the House of Representatives not later than 30 days following the submission of the annual budget submitted by the President: Provided , That such Capital Investment Plan shall include capital investment spending from all accounts within the Department of the Treasury, including but not limited to the Department-wide Systems and Capital Investment Programs account, the Working Capital Fund account, and the Treasury Forfeiture Fund account: Provided further , That such Capital Investment Plan shall include expenditures occurring in previous fiscal years for each capital investment project that has not been fully completed. 123. (a) Not later than 2 weeks after the end of each quarter, the Office of Financial Stability and the Office of Financial Research shall submit reports on their activities to the House and the Senate Committees on Appropriations, the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). 124. None of the funds made available in this Act may be used to approve, license, facilitate, authorize, or otherwise allow, whether by general or specific license, travel-related or other transactions incident to non-academic educational exchanges described in section 515.565(b)(2) of title 31, Code of Federal Regulations. 125. The Secretary of the Treasury shall provide a report not later than 90 days after the enactment of this Act regarding travel pursuant to sections 515.560(a)(1), 515.560(c)(4)(i), and 515.561 of title 31, Code of Federal Regulations. Such report shall include, for each fiscal year beginning with 2007 under the aforementioned category of travel: number of travelers; average duration of stay for each trip; average amount of U.S. dollars spent per traveler; number of return trips per year; and total sum of U.S. dollars spent collectively in each fiscal year. 126. (a) Section 155 of Public Law 111–203 is amended as follows: (1) In subsection (b)— (A) in paragraph (1)— (i) by striking immediately ; and (ii) by inserting as provided for in appropriations acts after to the Office ; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). (2) In subsection (d), by striking the heading and inserting ASSESSMENT SCHEDULE . (b) The amendments made by subsection (a) shall take effect on October 1, 2014. 127. Within 30 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Working Capital Fund including the amount charged for each service provided by the Working Capital Fund to each office and a detailed explanation of how each charge for each service is calculated. 128. Of the funds available in the working capital fund of the Department of the Treasury (established under section 322 of title 31, United States Code), commonly referred to as the “Shared Services Program”, during fiscal year 2014 the Department of the Treasury may not obligate more than $180,000,000 for the activities for which funds in the Shared Services Program are available. This title may be cited as the Department of the Treasury Appropriations Act, 2014 . II Executive office of the president and funds appropriated to the president The White House Salaries and expenses For necessary expenses for the White House as authorized by law, including not to exceed $3,273,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105 ; subsistence expenses as authorized by 3 U.S.C. 105 , which shall be expended and accounted for as provided in that section; hire of passenger motor vehicles and travel (not to exceed $85,000 to be expended and accounted for as provided by 3 U.S.C. 103 ); and not to exceed $16,150 for official reception and representation expenses, to be available for allocation within the Executive Office of the President; and for necessary expenses of the Office of Policy Development, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , $50,272,000. Executive Residence at the White House Operating expenses For necessary expenses of the Executive Residence at the White House, $11,762,000, to be expended and accounted for as provided by 3 U.S.C. 105 , 109, 110, and 112–114. Reimbursable expenses For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided , That all reimbursable operating expenses of the Executive Residence shall be made in accordance with the provisions of this paragraph: Provided further , That, notwithstanding any other provision of law, such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and to receive offsetting collections, for such expenses: Provided further , That the Executive Residence shall require each person sponsoring a reimbursable political event to pay in advance an amount equal to the estimated cost of the event, and all such advance payments shall be credited to this account and remain available until expended: Provided further , That the Executive Residence shall require the national committee of the political party of the President to maintain on deposit $25,000, to be separately accounted for and available for expenses relating to reimbursable political events sponsored by such committee during such fiscal year: Provided further , That the Executive Residence shall ensure that a written notice of any amount owed for a reimbursable operating expense under this paragraph is submitted to the person owing such amount within 60 days after such expense is incurred, and that such amount is collected within 30 days after the submission of such notice: Provided further , That the Executive Residence shall charge interest and assess penalties and other charges on any such amount that is not reimbursed within such 30 days, in accordance with the interest and penalty provisions applicable to an outstanding debt on a United States Government claim under 31 U.S.C. 3717: Provided further , That each such amount that is reimbursed, and any accompanying interest and charges, shall be deposited in the Treasury as miscellaneous receipts: Provided further , That the Executive Residence shall prepare and submit to the Committees on Appropriations, by not later than 90 days after the end of the fiscal year covered by this Act, a report setting forth the reimbursable operating expenses of the Executive Residence during the preceding fiscal year, including the total amount of such expenses, the amount of such total that consists of reimbursable official and ceremonial events, the amount of such total that consists of reimbursable political events, and the portion of each such amount that has been reimbursed as of the date of the report: Provided further , That the Executive Residence shall maintain a system for the tracking of expenses related to reimbursable events within the Executive Residence that includes a standard for the classification of any such expense as political or nonpolitical: Provided further , That no provision of this paragraph may be construed to exempt the Executive Residence from any other applicable requirement of subchapter I or II of chapter 37 of title 31, United States Code. White House Repair and Restoration For the repair, alteration, and improvement of the Executive Residence at the White House, $750,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued preventative maintenance. Council of Economic Advisers Salaries and expenses For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 ( 15 U.S.C. 1021 et seq. ), $3,570,000. National Security Council and Homeland Security Council Salaries and expenses For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109 , $10,396,000. Office of Administration Salaries and expenses For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 , and hire of passenger motor vehicles, $97,988,000, of which not to exceed $12,006,000 shall remain available until expended for continued modernization of the information technology infrastructure within the Executive Office of the President. Office of Management and Budget Salaries and expenses For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 , to carry out the provisions of chapter 35 of title 44, United States Code, and to prepare and submit the budget of the United States Government, in accordance with section 1105(a) of title 31, United States Code, $78,934,000, of which not to exceed $3,000 shall be available for official representation expenses: Provided , That none of the funds appropriated in this Act for the Office of Management and Budget may be used for the purpose of reviewing any agricultural marketing orders or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 ( 7 U.S.C. 601 et seq. ): Provided further , That none of the funds made available for the Office of Management and Budget by this Act may be expended for the altering of the transcript of actual testimony of witnesses, except for testimony of officials of the Office of Management and Budget, before the Committees on Appropriations or their subcommittees: Provided further , That none of the funds provided in this or prior Acts shall be used, directly or indirectly, by the Office of Management and Budget, for evaluating or determining if water resource project or study reports submitted by the Chief of Engineers acting through the Secretary of the Army are in compliance with all applicable laws, regulations, and requirements relevant to the Civil Works water resource planning process: Provided further , That the Office of Management and Budget shall have not more than 60 days in which to perform budgetary policy reviews of water resource matters on which the Chief of Engineers has reported: Provided further , That the Director of the Office of Management and Budget shall notify the appropriate authorizing and appropriating committees when the 60-day review is initiated: Provided further , That if water resource reports have not been transmitted to the appropriate authorizing and appropriating committees within 15 days after the end of the Office of Management and Budget review period based on the notification from the Director, Congress shall assume Office of Management and Budget concurrence with the report and act accordingly: Provided further , That the Director of the Office of Management and Budget shall: (1) consult with each standing committee in the House of Representatives and the Senate with respect to the number of printed and electronic copies (including the appendix, historical tables, and analytical perspectives) of the President’s fiscal year 2015 budget request that each such committee requires; and (2) provide, using the funds made available under this heading, each such committee with the requisite number of copies by no later than the date that the President submits such budget to Congress pursuant to section 1105 of title 31, United States Code: Provided further , That $45,000,000 shall not be available for obligation until the President submits to Congress the budget of the United States Government for fiscal year 2015, in accordance with section 1105(a) of title 31, United States Code. Office of National Drug Control Policy Salaries and expenses For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 2006 ( Public Law 109–469 ); not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $22,500,000: Provided , That the Office is authorized to accept, hold, administer, and utilize gifts, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Office. Federal Drug Control Programs High Intensity Drug Trafficking Areas Program (including transfers of funds) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $238,522,000, to remain available until September 30, 2015, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas ( HIDTAs ), of which not less than 51 percent shall be transferred to State and local entities for drug control activities and shall be obligated not later than 120 days after enactment of this Act: Provided , That up to 49 percent may be transferred to Federal agencies and departments in amounts determined by the Director of the Office of National Drug Control Policy, of which up to $2,700,000 may be used for auditing services and associated activities (including up to $500,000 to ensure the continued operation and maintenance of the Performance Management System): Provided further , That, notwithstanding the requirements of Public Law 106–58 , any unexpended funds obligated prior to fiscal year 2012 may be used for any other approved activities of that HIDTA, subject to reprogramming requirements: Provided further , That each HIDTA designated as of September 30, 2013, shall be funded at not less than the fiscal year 2013 base level, unless the Director submits to the Committees on Appropriations of the House of Representatives and the Senate justification for changes to those levels based on clearly articulated priorities and published Office of National Drug Control Policy performance measures of effectiveness: Provided further , That the Director shall notify the Committees on Appropriations of the initial allocation of fiscal year 2014 funding among HIDTAs not later than 45 days after enactment of this Act, and shall notify the Committees of planned uses of discretionary HIDTA funding, as determined in consultation with the HIDTA Directors, not later than 90 days after enactment of this Act. Other Federal Drug Control Programs (including transfers of funds) For other drug control activities authorized by the Office of National Drug Control Policy Reauthorization Act of 2006 ( Public Law 109–469 ), $100,520,000, to remain available until expended, which shall be available as follows: $88,000,000 for the Drug-Free Communities Program, of which $2,000,000 shall be made available as directed by section 4 of Public Law 107–82 , as amended by Public Law 109–469 ( 21 U.S.C. 1521 note); $1,120,000 for drug court training and technical assistance; $8,500,000 for anti-doping activities; $1,900,000 for the United States membership dues to the World Anti-Doping Agency; and $1,000,000 shall be made available as directed by section 1105 of Public Law 109–469 : Provided, That amounts made available under this heading may be transferred to other Federal departments and agencies to carry out such activities. Information Technology Oversight and Reform (including transfer of funds) For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $5,000,000, to remain available until expended: Provided , That the Director of the Office of Management and Budget may transfer these funds to one or more other agencies to carry out projects to meet these purposes: Provided further , That the Director of the Office of Management and Budget shall submit quarterly reports not later than 30 days after the end of each quarter to the Committees on Appropriations of the House of Representatives and the Senate identifying the savings achieved by the Office of Management and Budget's government-wide information technology reform efforts: Provided further , That such reports shall include savings identified by fiscal year, agency, and appropriation. Special Assistance to the President Salaries and expenses For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106 , including subsistence expenses as authorized by 3 U.S.C. 106 , which shall be expended and accounted for as provided in that section; and hire of passenger motor vehicles, $3,913,000. Official Residence of the Vice President Operating expenses (including transfer of funds) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $76,500 for official entertainment expenses of the Vice President, to be accounted for solely on his certificate, $281,000: Provided , That advances or repayments or transfers from this appropriation may be made to any department or agency for expenses of carrying out such activities. Administrative Provisions—Executive Office of the President and Funds Appropriated to the President (including transfer of funds) 201. From funds made available in this Act under the headings The White House , Executive Residence at the White House , White House Repair and Restoration , Council of Economic Advisers , National Security Council and Homeland Security Council , Office of Administration , Special Assistance to the President , and Official Residence of the Vice President , the Director of the Office of Management and Budget (or such other officer as the President may designate in writing), may, with advanced approval of the Committees on Appropriations of the House of Representatives and the Senate, transfer not to exceed 10 percent of any such appropriation to any other such appropriation, to be merged with and available for the same time and for the same purposes as the appropriation to which transferred: Provided , That the amount of an appropriation shall not be increased by more than 50 percent by such transfers: Provided further , That no amount shall be transferred from Special Assistance to the President or Official Residence of the Vice President without the approval of the Vice President. 202. Within 90 days after the date of enactment of this section, the Director of the Office of Management and Budget shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ). Such report shall include— (1) the estimated mandatory and discretionary obligations of funds through fiscal year 2018, by Federal agency and by fiscal year, including— (A) the estimated obligations by cost inputs such as rent, information technology, contracts, and personnel; (B) the methodology and data sources used to calculate such estimated obligations; and (C) the specific section of such Act that requires the obligation of funds; and (2) the estimated receipts through fiscal year 2018 from assessments, user fees, and other fees by the Federal agency making the collections, by fiscal year, including— (A) the methodology and data sources used to calculate such estimated collections; and (B) the specific section of such Act that authorizes the collection of funds. 203. None of funds made available in this Act may be used to pay the salaries and expenses of any officer or employee of the Executive Office of the President to prepare, sign, or approve statements abrogating legislation passed by the House of Representatives and the Senate and signed by the President. 204. None of the funds made available by this Act may be used to pay the salaries and expenses of any officer or employee of the Executive Office of the President to prepare or implement an Executive order that contravenes existing law. This title may be cited as the Executive Office of the President Appropriations Act, 2014 . III The judiciary Supreme Court of the United States Salaries and expenses For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $74,195,000, of which $1,500,000 shall remain available until expended. Care of the building and grounds For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112, $11,557,000, to remain available until expended. United States Court of Appeals for the Federal Circuit salaries and expenses For salaries of the chief judge, judges, and other officers and employees, and for necessary expenses of the court, as authorized by law, $30,885,000. United States Court of International Trade salaries and expenses For salaries of the chief judge and eight judges, salaries of the officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $20,375,000. Courts of Appeals, District Courts, and Other Judicial Services Salaries and expenses For the salaries of circuit and district judges (including judges of the territorial courts of the United States), justices and judges retired from office or from regular active service, judges of the United States Court of Federal Claims, bankruptcy judges, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $4,999,197,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for costs related to new space alteration and construction projects; and of which not to exceed $50,000,000 shall remain available until September 30, 2015, for cost containment initiatives: Provided, That the amount provided for cost containment initiatives shall not be available for obligation until the Director of the Administrative Office of the United States Courts submits a report to the Committees on Appropriations of the House of Representatives and the Senate showing that the estimated cost savings resulting from the initiatives will exceed the estimated amounts obligated for the initiatives. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 ( Public Law 99–660 ), not to exceed $5,200,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. Defender services For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A ) and reimbursement of expenses of attorneys appointed to assist the court in criminal cases where the defendant has waived representation by counsel; the compensation and reimbursement of expenses of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. 1875(d)(1) ; the compensation and reimbursement of expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain judicial civil forfeiture proceedings; the compensation and reimbursement of travel expenses of guardians ad litem appointed under 18 U.S.C. 4100(b) ; and for necessary training and general administrative expenses, $1,065,000,000, to remain available until expended. Fees of jurors and commissioners For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863 ; and compensation of commissioners appointed in condemnation cases pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)), $54,414,000, to remain available until expended: Provided , That the compensation of land commissioners shall not exceed the daily equivalent of the highest rate payable under 5 U.S.C. 5332. Court security (including transfers of funds) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court operations, and the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court operations, including building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act ( Public Law 100–702 ), $520,000,000, of which not to exceed $15,000,000 shall remain available until expended, to be expended directly or transferred to the United States Marshals Service, which shall be responsible for administering the Judicial Facility Security Program consistent with standards or guidelines agreed to by the Director of the Administrative Office of the United States Courts and the Attorney General. Administrative Office of the United States Courts Salaries and expenses For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345 , hire of a passenger motor vehicle as authorized by 31 U.S.C. 1343(b) , advertising and rent in the District of Columbia and elsewhere, $80,000,000, of which not to exceed $8,500 is authorized for official reception and representation expenses. Federal Judicial Center Salaries and expenses For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219 , $25,785,000; of which $1,800,000 shall remain available through September 30, 2015, to provide education and training to Federal court personnel; and of which not to exceed $1,500 is authorized for official reception and representation expenses. United States Sentencing Commission Salaries and expenses For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $15,758,000, of which not to exceed $1,000 is authorized for official reception and representation expenses. Administrative Provisions—The Judiciary (including transfer of funds) 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109. 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except Courts of Appeals, District Courts, and Other Judicial Services, Defender Services and Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners , shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under sections 604 and 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in section 608. 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services shall be available for official reception and representation expenses of the Judicial Conference of the United States: Provided , That such available funds shall not exceed $11,000 and shall be administered by the Director of the Administrative Office of the United States Courts in the capacity as Secretary of the Judicial Conference. 304. In accordance with 28 U.S.C. 561–569 , and notwithstanding any other provision of law, the United States Marshals Service shall provide, for such courthouses as its Director may designate in consultation with the Director of the Administrative Office of the United States Courts, for purposes of a pilot program, the security services that 40 U.S.C. 1315 authorizes the Department of Homeland Security to provide, except for the services specified in 40 U.S.C. 1315(b)(2)(E) . For building-specific security services at these courthouses, the Director of the Administrative Office of the United States Courts shall reimburse the United States Marshals Service rather than the Department of Homeland Security. 305. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 ; 28 U.S.C. 133 note), is amended in the third sentence (relating to the district of Kansas), by striking 22 years and 6 months and inserting 23 years and 6 months . (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, of 2006 ( Public Law 109–115 ; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second sentence (relating to the eastern district of Missouri) by striking 20 years and 6 months and inserting 21 years and 6 months . (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 ; 28 U.S.C. 133 note)), is amended— (1) in the first sentence, by striking 11 years and inserting 12 years ; and (2) in the second sentence (relating to the central district of California), by striking 10 years and 6 months and inserting 11 years and 6 months . 306. The Judicial Conference of the United States shall develop a space management plan that ensures on or before September 30, 2016, the total amount of usable square feet using funds made available under The Judiciary—Courts of Appeals, District Courts, and Other Judicial Services—Salaries and Expenses account is reduced compared to the total amount of usable square feet as of the effective date of this Act, subject to the following exclusions: (1) Any new courthouse construction, renovation, or alterations projects approved by Congress. (2) Additional square footage needed for newly authorized judgeships and additional senior judges (compared to the number of judges in senior status as of the effective date of this Act) in accordance with courtroom sharing policies. This title may be cited as the Judiciary Appropriations Act, 2014 . IV District of columbia Federal Funds Federal Payment for Resident Tuition Support For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $15,000,000, to remain available until expended: Provided , That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further , That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further , That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further , That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program. Federal Payment for Emergency Planning and Security Costs in the District of Columbia For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $14,900,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions. Federal Payment to the District of Columbia Courts For salaries and expenses for the District of Columbia Courts, $232,841,000 to be allocated as follows: for the District of Columbia Court of Appeals, $13,033,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $113,806,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $69,096,000, of which not to exceed $2,500 is for official reception and representation expenses; and $36,906,000, to remain available until September 30, 2015, for capital improvements for District of Columbia courthouse facilities: Provided , That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and building evaluation report: Provided further , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further , That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $3,000,000 of the funds provided under this heading among the items and entities funded under this heading but no such allocation shall be increased by more than 10 percent. Federal Payment for Defender Services in District of Columbia Courts For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21–2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $49,890,000, to remain available until expended: Provided , That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further , That, notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies. Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $225,000,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $166,089,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; and of which $58,911,000 shall be available to the Pretrial Services Agency: Provided , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further , That not less than $1,000,000 shall be available for re-entrant housing in the District of Columbia: Provided further , That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs; and equipment, supplies, and vocational training services necessary to sustain, educate, and train offenders and defendants, including their dependent children: Provided further , That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further , That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis. Federal Payment to the District of Columbia Public Defender Service For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $39,000,000: Provided , That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies: Provided further, That notwithstanding section 1342 of title 31, United States Code, and in addition to the authority provided by section 307(b) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-1607(b), D.C. Official Code), upon approval of the Board of Trustees, the District of Columbia Public Defender Service may accept and use voluntary and uncompensated services for the purpose of aiding or facilitating the work of the District of Columbia Public Defender Service. Federal Payment to the Criminal Justice Coordinating Council For a Federal payment to the Criminal Justice Coordinating Council, $1,800,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. Federal Payment for Judicial Commissions For a Federal payment, to remain available until September 30, 2015, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $205,000. Federal Payment for School Improvement For a Federal payment for a school improvement program in the District of Columbia, $54,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10 ). Federal Payment for the District of Columbia National Guard For a Federal payment to the District of Columbia National Guard, $375,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. Federal Payment for Testing and Treatment of Hiv/Aids For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $2,500,000. district of columbia funds Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia (“General Fund”) for programs and activities set forth under the heading “District of Columbia Funds Summary of Expenses” and at the rate set forth under such heading, as included in the Fiscal Year 2014 Proposed Budget and Financial Plan submitted to the Congress by the District of Columbia as amended as the date of enactment of this Act: Provided , That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and 817 of the Financial Services and General Government Appropriations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. Official Code), and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2014 under this heading shall not exceed the estimates included in the Fiscal Year 2014 Proposed Budget and Financial Plan submitted to Congress by District of Columbia as amended as of the date of enactment of this Act or the sum of the total revenues of the District of Columbia for such fiscal year: Provided further , That the amount appropriated may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further , That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further , That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2014, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. This title may be cited as the District of Columbia Appropriations Act, 2014 . V Independent agencies Bureau of Consumer Financial Protection administrative provisions 501. Section 1017(a)(2)(C) of Public Law 111–203 is repealed. 502. Effective October 1, 2014, notwithstanding section 1017 of Public Law 111–203 — (1) the Board of Governors of the Federal Reserve System shall not transfer amounts specified under such section to the Bureau of Consumer Financial Protection; and (2) there are authorized to be appropriated to the Bureau of Consumer Financial Protection such sums as may be necessary to carry out the authorities of the Bureau under Federal consumer financial law. 503. (a) During fiscal year 2014, on the date that a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203 , the Bureau of Consumer Financial Protection shall notify Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Banking, Housing, and Urban Affairs of the Senate of such requests. (b) (1) The notification shall include the amount of the funds requested, explain how the funds will be obligated by object class, activity, and office, and include a comparison to the amounts estimated in the Bureau’s fiscal year 2014 budget. (2) Notifications required by this section shall be made available on the Bureau’s public website. 504. (a) Not later than 2 weeks after the end of each quarter of each fiscal year, the Bureau of Consumer Financial Protection shall submit a report on its activities to the Committees on Appropriations of the House and the Senate, the Committee on Financial Services of the House of Representatives, and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committee specified in subsection (a), the Bureau of Consumer Financial Protection shall make Bureau officials available to testify on the contents of the reports required under subsection (a). Consumer Product Safety Commission Salaries and expenses For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 , but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376 , and not to exceed $4,000 for official reception and representation expenses, $114,000,000, of which $500,000 shall remain available until expended to carry out the program required by section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act ( Public Law 110–140 ; 15 U.S.C. 8004 ). Federal Communications Commission Salaries and expenses For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109 , $320,000,000: Provided , That $320,000,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further , That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2014 so as to result in a final fiscal year 2014 appropriation estimated at $0: Provided further , That any offsetting collections received in excess of $320,000,000 in fiscal year 2014 shall not be available for obligation: Provided further , That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such year and otherwise becoming available on October 1, 2013, shall not be available for obligation: Provided further , That, notwithstanding 47 U.S.C. 309(j)(8)(B) , proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $89,400,000 for fiscal year 2014, including not to exceed $706,000 for obligation by the Office of the Inspector General: Provided further , That, of the amount appropriated under this heading, not less than $11,090,000 shall be for the salaries and expenses of the Office of Inspector General. Federal Deposit Insurance Corporation Office of the inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $34,568,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal Election Commission Salaries and expenses For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $65,791,000, of which not to exceed $5,000 shall be available for reception and representation expenses. Federal Labor Relations Authority Salaries and expenses For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109 , and including hire of experts and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $24,000,000: Provided , That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law ( 5 U.S.C. 5703 ) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further , That, notwithstanding 31 U.S.C. 3302 , funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. Federal Trade Commission Salaries and expenses For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 ; services as authorized by 5 U.S.C. 3109 ; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $295,000,000, to remain available until expended: Provided , That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further , That, notwithstanding any other provision of law, not to exceed $103,300,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ( 15 U.S.C. 18a ), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further , That, notwithstanding any other provision of law, not to exceed $15,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6101 et seq. ), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2014, so as to result in a final fiscal year 2014 appropriation from the general fund estimated at not more than $176,700,000: Provided further , That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act ( 12 U.S.C. 1831t ). General Services Administration Real property Activities Federal buildings fund Limitations on availability of revenue Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $7,541,470,000, as follows: (1) $275,000,000, to remain available until expended, for prospectus level construction, acquisition, repair and alterations projects (including funds for sites and expenses and associated design and construction services): Provided, That the General Services Administration shall submit a detailed plan, by project, regarding the use of funds to the Committees on Appropriations of the House of Representatives and the Senate within 30 days after the date of enactment of this section and will provide notification to the Committees 15 days prior to any changes regarding the use of these funds: Provided further, That the funding shall be available as follows: (A) $100,000,000 shall be for the construction, acquisition, repair, alteration and security projects of the Federal Judiciary as prioritized by the Judicial Conference of the United States; (B) $125,000,000 shall be for the construction, acquisition, repair, and alteration projects of the Federal Bureau of Investigation as prioritized by the Director; and (C) $50,000,000 shall be available for the construction, acquisition, repair, and alteration projects as prioritized by the Commissioner of the Public Buildings Service. (2) $100,000,000 for Consolidation Activities to remain available until expended for the cost of reconfiguring and altering federal space: Provided, That projects result is reduced annual rent paid by the tenant agency: Provided further, That no project exceed $10,000,000 in costs: Provided further, That projects are approved by each of the committees specified in section 3307(a) of title 40, United States Code: Provided further, That preference is given to projects that achieve an all-in utilization rate of 170 usable square feet or less per person: Provided further, That the obligation of funds under this paragraph may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to the Committees on Appropriations of the House of Representatives and the Senate; (3) $260,000,000 to remain available until expended is for Basic Repairs and Alterations: Provided, That the General Services Administration shall submit a spending plan, by region, regarding the use of funds to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days after the date of enactment of this Act; (4) $106,470,000 is for Installment Acquisition Payments including payments on purchase contracts which shall remain available until expended; (5) $4,700,000,000 is for Rental of Space which shall remain available until expended; (6) $1,100,000,000 is for Building Operations and Maintenance which shall remain available until expended for building security, cleaning, utilities, fuels, and maintenance: Provided, That the General Services Administration shall submit a spending plan, by region, regarding the use of funds to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days after the date of enactment of this Act; and (7) $1,000,000,000 is for Public Buildings Service Salaries and Expenses to support construction and acquisition, repair and alternations, leasing, and administrative activities of the Federal Buildings Fund and shall remain available until September 30, 2015: Provided, That the General Services Administration shall submit a spending plan, by region, regarding the use of funds to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days after the date of enactment of this Act: Provided further, That the amounts provided in this or any prior Act for repairs and alterations projects may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any repair and alterations projects or used to fund authorized increases in prospectus projects: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a) , has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056 , shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2014, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts: Provided further, That none of the funds made available under this heading may be obligated or expended to implement or use green building rating standards for new construction or prospectus level renovations unless such standards are voluntary consensus standards, as that term is defined in Office of Management and Budget Circular A-119. General activities Government-wide policy For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109 ; $53,000,000: Provided , That none of the funds made available under this heading may be used to design, develop, operate, maintain, manage, or otherwise support information technology for use in acquisition (as defined in section 131 of title 41, United States Code) if the information technology collects, stores, displays, or supplies data about: (1) any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office; or (2) any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1): Provided further , That for purposes of the preceding proviso, each of the terms contribution , expenditure , independent expenditure , electioneering communication , candidate , election and Federal office has the meaning given that term in the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ): Provided further, That $2,000,000 of funds provided under this heading shall not be available for obligation or expenditure until the Federal Real Property Report for fiscal year 2013 is added to the General Services Administration’s public website. Real and Personal Property Management and Disposal For the necessary expenses in support of Government-wide activities associated with utilization and donation of surplus personal property, the disposal of real property, and services as authorized by section 3109 of title 5, United States Code, $28,000,000. Office of the Administrator For the necessary expenses in support of agency-wide policy direction, management, and communications, and services as authorized by section 3109 of title 5, United States Code, $26,500,000. Civilian Board of Contract Appeals For the necessary expenses in support of the Civilian Board of Contract Appeals, $8,966,000. Office of Inspector General For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109 , $68,000,000, of which $10,000,000 is available until expended: Pr ovided , That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. Information and Engagement for Citizens (including transfer of funds) For necessary expenses of the Office of Citizen Services and Innovative Technologies, including services authorized by 5 U.S.C. 3109 , and for the necessary expenses in support of interagency projects that enable the Federal Government to conduct activities electronically, through the development and implementation of innovative uses of information technology, $40,000,000 to be deposited to the Federal Citizen Services Fund and that these funds may be transferred to Federal agencies to carry out the purpose of the fund and this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided, That the appropriations, revenues, reimburseables, and collections deposited into the Federal Citizen Services Fund shall only be available for necessary expenses of Federal Citizen Services and other information activities in the aggregate amount not to exceed $90,000,000: Provided further, That revenues and collections accruing to the Fund during fiscal year 2014 in excess of such amount shall remain available in the Fund without regard to fiscal year and shall not be available for expenditure except as authorized in appropriations Acts. Administrative Provisions—General Services Administration (including transfer of funds) 505. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 506. Funds in the Federal Buildings Fund made available in this Act or prior appropriations Acts for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided , That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That any proposed transfer to an activity that is subject to the congressional review process set forth in section 3307 of title 40, United States Code, shall be approved in advance by the each of the committees specified in 3307(a) of such title. 507. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2015 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. 508. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 ( Public Law 92–313 ). 509. From funds made available under the heading Federal Buildings Fund—Limitations on Availability of Revenue , claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate. 510. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307 , the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution. 511. (a) Not later than 30 days after the end of each quarter of fiscal year 2014, the Administrator of the General Services Administration (GSA) shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use, by the GSA, of— (1) takings authorities, including authorities under sections 3113 and 3114 of title 40, United States Code; and (2) exchange authorities, including authorities under sections 543 and 581(c)(1) of title 40, United States Code, and section 412 of division H of the Consolidated Appropriations Act, 2005 ( Public Law 108–447 ). (b) A report required under subsection (a) shall include a description of— (1) all takings and exchange actions that occurred during the most recently completed quarter of the fiscal year, including the costs, benefits, and risks of each action; and (2) the planned use of takings and exchange authorities during the remainder of the fiscal year, including the costs, benefits, and risks of each action. 512. Not later than 30 days after the date of enactment of this Act, the Administrator shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Working Capital Fund including the amount charged for each service provided by the Working Capital Fund to each office and a detailed explanation of how each charge for each service is calculated. 513. Of the funds available in the working capital fund for the General Services Administration (established under section 3173 of title 40, United States Code), during fiscal year 2014 the General Services Administration may not obligate more than $675,000,000 for the activities for which funds in the Working Capital Fund are available. 514. Not later than 45 days after the date of the enactment of this Act, the General Services Administration shall submit to the Committees on Appropriations of the House of Representatives and Senate a report detailing all completed and planned training for fiscal years 2013 and 2014. With respect to each training topic, the report shall specify the division and office to which such training is directed, the appropriation account from which funds are provided for such training, the quarter during which the obligation for such training is incurred, the number of hours dedicated to such training, the number of employees participating, the number of managers participating, the type of training or education credits earned, and the medium for such training. 515. None of the funds made available by this Act may be obligated or expended by the General Services Administration for employee bonus and award programs until the Administrator submits to the Committees on Appropriations of the House of Representative and Senate— (1) a report for the prior, current, and budget year (by appropriation account) of— (A) each component’s total number of executive and non-executive staff, and their respective salaries, and (B) each component’s total number of bonuses and awards for executive and non-executive staff, and their respective amounts, and (2) an evaluation, reviewed by the Office of Personnel Management, that measures how current bonus and award programs increase employee productivity and performance. 516. None of the funds available to the General Services Administration may be used to support or participate in activities of the Federal Real Property Council until the Federal Real Property Report for fiscal years 2011 and 2012 are added to the General Services Administration’s public website. 517. None of the funds available to the General Services Administration may be obligated for the modernization of the Integrated Acquisition Environment and consolidation of the System for Award Management until the Administrator submits to the Committees on Appropriations of the House of Representatives and the Senate a report on the cost baseline, governance structure, acquisition strategy, and performance milestones with respect to such modernization and consolidation. 518. Not later than 30 days after the date of enactment of this Act, the Administrator of the General Services Administration shall submit to the Committee on Appropriations of the House of Representatives and Senate a report on the number of occupancy agreements, leases, buildings, and square feet in its portfolio; rent collect for leased and owned properties; the lease cost relative to market for each lease; the tenants that are above, below, or equal to an all-in utilization rate of 170 usable square feet per person; building operations and maintenance costs; and the number of reimbursable agreements projected for fiscal year 2014. Not later than 21 days after the end of each quarter, the Administrator shall submit an update of the same reporting elements for the quarter past and a projection for the remaining quarters. Merit Systems Protection Board Salaries and expenses (including transfer of funds) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 ( 5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $39,655,000, to remain available until September 30, 2015, together with not to exceed $2,345,000, to remain available until September 30, 2015, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board. National Archives and Records Administration Operating expenses For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, for the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 ), including maintenance, repairs, and cleaning, $369,000,000. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409 , 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,100,000. Repairs and restoration For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $8,000,000, to remain available until expended. National Historical Publications and Records Commission Grants Program For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504 , $3,000,000, to remain available until expended. National Credit Union Administration community development revolving loan fund For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812 , 9822 and 9910, $1,200,000 shall be available until September 30, 2015, for technical assistance to low-income designated credit unions. Office of Government Ethics Salaries and expenses For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109 , rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $15,000,000. Office of Personnel Management Salaries and expenses (including transfer of trust funds) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 ; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of OPM and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $95,557,000, of which $5,704,000 shall remain available until expended for the Enterprise Human Resources Integration project, and of which $1,345,000 shall remain available until expended for the Human Resources Line of Business project; and in addition $114,533,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs, of which $2,600,000 shall remain available until expended for a retirement case management system: Provided , That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided further , That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further , That the President's Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2014, accept donations of money, property, and personal services: Provided further , That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. Office of inspector general Salaries and expenses (including transfer of trust funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109 and hire of passenger motor vehicles, $4,684,000, and in addition, not to exceed $21,340,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management's retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General: Provided , That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. Office of Special Counsel Salaries and expenses For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 ( Public Law 95–454 ), the Whistleblower Protection Act of 1989 ( Public Law 101–12 ) as amended by Public Law 107–304 , the Whistleblower Protection Act of 2012 ( Public Law 112–199 ), and the Uniformed Services Employment and Reemployment Rights Act of 1994 ( Public Law 103–353 ), including services as authorized by 5 U.S.C. 3109 , payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $20,639,000. Postal Regulatory Commission Salaries and expenses (including transfer of funds) For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act ( Public Law 109–435 ), $14,000,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. Privacy and Civil Liberties Oversight Board Salaries and Expenses For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee ), $3,100,000, to remain available until September 30, 2015. Recovery Accountability and Transparency Board salaries and expenses For necessary expenses of the Recovery Accountability and Transparency Board to carry out the accountability provisions of title XV of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), and to develop and test information technology resources and oversight mechanisms to enhance transparency of and detect and remediate waste, fraud, and abuse in Federal spending, and to develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in obligation and expenditure of funds as described in Section 904(d) of the Disaster Relief Appropriations Act, 2013, which shall be administered under the terms and conditions of the accountability authorities of title XV of the Recovery Act, $20,000,000. Securities and Exchange Commission Salaries and expenses For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109 , the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $1,371,000,000, to remain available until expended; of which not less than $7,092,000 shall be for the Office of Inspector General; of which not to exceed $50,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence; of which funding for information technology initiatives shall be increased over the fiscal year 2013 level by not less than $50,000,000; and of which not less than $44,353,000 shall be for the Division of Economic and Risk Analysis: Provided , That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee ) shall be credited to this account as offsetting collections: Provided further , That not to exceed $1,371,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further , That the total amount appropriated under this heading from the general fund for fiscal year 2014 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2014 appropriation from the general fund estimated at not more than $0. Selective Service System Salaries and expenses For necessary expenses of the Selective Service System, including expenses of attendance at meetings, and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109 ; and not to exceed $750 for official reception and representation expenses; $23,500,000: Provided , That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341 , whenever the President deems such action to be necessary in the interest of national defense: Provided further , That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. Small Business Administration Salaries and expenses For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $415,882,000: Provided , That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act: Provided further , That, notwithstanding 31 U.S.C. 3302 , revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further , That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108–447 , during fiscal year 2014: Provided further , That $112,500,000 shall be available to fund grants for performance in fiscal year 2014 or fiscal year 2015 as authorized by section 21 of the Small Business Act, to remain available until September 30, 2015: Provided further , That $20,000,000 shall remain available until September 30, 2015, for marketing, management, and technical assistance under section 7(m) of the Small Business Act ( 15 U.S.C. 636(m)(4) ) by intermediaries that make microloans under the microloan program: Provided further , That up to $7,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2015. Office of inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $17,000,000. Office of advocacy For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 ( 15 U.S.C. 634a et seq. ) and the Regulatory Flexibility Act of 1980 ( 5 U.S.C. 601 et seq. ), $9,000,000, to remain available until expended. Business loans program account (including transfer of funds) For the cost of direct loans, $4,600,000, to remain available until expended, and for the cost of guaranteed loans as authorized by section 503 of the Small Business Investment Act of 1958 ( Public Law 85–699 ), $107,000,000, 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 subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2014 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 shall not exceed $7,500,000,000: Provided further , That during fiscal year 2014 commitments for general business loans authorized under section 7(a) of the Small Business Act shall not exceed $17,500,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further , That during fiscal year 2014 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $4,000,000,000: Provided further , That during fiscal year 2014, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $12,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $151,560,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. Disaster loans program account (including transfers of funds) For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $191,900,000, to be available until expended, of which $1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $181,900,000 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 $9,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses. Administrative provisions—Small business administration (including transfer of funds) 519. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. United States Postal Service Payment to the postal service fund For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $70,751,000, which shall not be available for obligation until October 1, 2014: Provided , That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further , That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further , That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2014. Office of inspector general (including transfer of funds) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $240,000,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act ( Public Law 109–435 ). United States Tax Court Salaries and expenses For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109 , $51,000,000: Provided , That travel expenses of the judges shall be paid upon the written certificate of the judge. VI General provisions—this act 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109 , shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 ). 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 of title 41, United States Code. 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 of title 41, United States Code. 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided , That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided further , That not later than 60 days after the date of enactment of this Act, each agency funded by this Act shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided further , That at a minimum the report shall include: (1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) a delineation in the table for each appropriation both by object class and program, project, and activity as detailed in the budget appendix for the respective appropriation; and (3) an identification of items of special congressional interest: Provided further , That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000 per day for each day after the required date that the report has not been submitted to the Congress. 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2014 from appropriations made available for salaries and expenses for fiscal year 2014 in this Act, shall remain available through September 30, 2015, for each such account for the purposes authorized: Provided , That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further , That these requests shall be made in compliance with reprogramming guidelines. 610. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when— (1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security. 611. The cost accounting standards promulgated under chapter 15 of title 41, United States Code, shall not apply with respect to a contract under the Federal Employees Health Benefits Program established under chapter 89 of title 5, United States Code. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. 613. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan which provides any benefits or coverage for abortions. 614. The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. 615. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 of title 41, United States Code (popularly known as the Buy American Act), shall not apply to the acquisition by the Federal Government of information technology (as defined in section 11101 of title 40, United States Code), that is a commercial item (as defined in section 103 of title 41, United States Code). 616. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. 617. Notwithstanding section 708 of this Act, funds made available to the Commodity Futures Trading Commission and the Securities and Exchange Commission by this or any other Act may be used for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues. 618. During fiscal year 2014, no funds shall be obligated from the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ). 619. Not later than 45 days after the end of each quarter, the Department of the Treasury, the Executive Office of the President, the Judiciary, the Federal Communications Commission, the Federal Trade Commission, the General Services Administration, the National Archives and Records Administration, the Securities and Exchange Commission, and the Small Business Administration shall provide the Committees on Appropriations of the House of Representatives and the Senate a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year. 620. (a) (1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. (2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. (b) For purposes of this section, the term Executive agency covered by this Act means any Executive agency provided funds by this Act, but does not include the General Services Administration or the United States Postal Service. 621. None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts unless the Interagency Working Group on Food Marketed to Children complies with Executive Order No. 13563. 622. None of the funds made available by this Act or any other Act may be used to pay the salaries and expenses for the following positions: (1) Director, White House Office of Health Reform, or any substantially similar position. (2) Assistant to the President for Energy and Climate Change, or any substantially similar position. (3) Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy, or any substantially similar position. (4) White House Director of Urban Affairs, or any substantially similar position. 623. None of the funds made available by this Act may be expended for any new hire by any Federal agency funded in this Act that is not verified through the E-Verify Program established under section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). 624. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 625. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 626. (a) There are appropriated for the following activities the amounts required under current law: (1) Compensation of the President ( 3 U.S.C. 102 ). (2) Payments to— (A) the Judicial Officers’ Retirement Fund (28 U.S.C 377(o)); (B) the Judicial Survivors’ Annuities Fund ( 28 U.S.C. 376(c) ); and (C) the United States Court of Federal Claims Judges’ Retirement Fund ( 28 U.S.C. 178(l) ). (3) Payment of Government contributions— (A) with respect to the health benefits of retired employees, as authorized by chapter 89 of title 5, United States Code, and the Retired Federal Employees Health Benefits Act (74 Stat. 849); and (B) with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87). (4) Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund ( 5 U.S.C. 8348 ). (5) Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 of title 5, United States Code. (6) Payments authorized under subsections (a) and (e) of 3 U.S.C. 102 note. (b) Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act. 627. The Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C 8001 et seq.) is amended— (1) in section 1405 ( 15 U.S.C. 8004 )— (A) in subsection (b)(1)(A), by striking all swimming pools constructed after the date that is 6 months after the date of enactment of the Financial Services and General Government Appropriations Act, 2012 in the State and inserting all swimming pools constructed in the State after the date the State submits an application to the Commission for a grant under this section ; and (B) in subsection (e)— (i) by striking the first sentence and inserting the following: There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section through fiscal year 2016. ; and (ii) in the second sentence, by striking fiscal year 2012 and inserting fiscal year 2016 ; and (2) in section 1406(a) ( 15 U.S.C. 8005(a) )— (A) in paragraph (1)(A)— (i) in clause (i), by inserting and after the semicolon; (ii) by striking clauses (ii), (iv) and (v) and redesignating clause (iii) as clause (ii); and (iii) in clause (ii)(III) (as so redesignated), by inserting and after the semicolon; (B) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) in paragraph (3) (as so redesignated), by striking paragraph (1) and inserting paragraph (1)(B) . 628. Not later than 270 days after the date of enactment of this section, the Comptroller General of the United States shall conduct an analysis of the benefits and costs of the Consumer Product Safety Improvement Act of 2008 ( Public Law 110–314 ), including quantitative and qualitative measures, both market and nonmarket, and submit a report to the Committees on Appropriations of the House of Representatives and the Senate on its findings. 629. (a) Not later than 180 days after the date of enactment of this section, the agencies specified in subsection (b) shall report to the Committees on Appropriations of the House of Representatives and the Senate on— (1) increasing public participation in the rulemaking process and reducing uncertainty; (2) improving coordination with other Federal agencies to eliminate redundant, inconsistent, and overlapping regulations; and (3) identifying existing regulations that have been reviewed and determined to be outmoded, ineffective, or excessively burdensome. (b) The agencies required to submit a report specified in subsection (a) are— (1) the Consumer Product Safety Commission; (2) the Federal Communications Commission; (3) the Federal Trade Commission; and (4) the Securities and Exchange Commission. 630. (a) None of the funds made available by this Act shall be obligated or expended on travel, conferences, or employee awards programs that are not consistent with applicable Federal law, regulation, or Executive Order. (b) Not later than 90 days after the date of the enactment of this Act, each Inspector General, the Director of the Administrative Office of the United States Courts, and the senior ethics official in the case of an entity without an inspector general funded by this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report on the procedures of the relevant establishment or entity to ensure compliance with applicable Federal laws, regulations, and Executive Orders on travel, conferences, and employee awards programs, including an evaluation of the effectiveness of such procedures. 631. None of the funds made available in this Act may be used by the Federal Communications Commission to remove the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted by the Commission on January 26, 2011 (DA 11–133), or otherwise permit such operations, until the Commission has resolved concerns of potential widespread harmful interference by such commercial terrestrial operations to commercially available Global Positioning System devices. 632. None of the funds made available in this Act may be used to eliminate or reduce funding for a program, project, or activity as proposed in the President’s budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this Act. 633. (a) During fiscal year 2014, the Inspector General of the Office of Personnel Management may use the revolving fund established under section 1304(e) of title 5, United States Code, to finance the cost of audits, investigations, and oversight activities of the fund and the functions financed by the fund. (b) (1) The budget prepared under paragraph (5) of such section for fiscal year 2014 shall include an estimate from the Inspector General of the Office of the amount required to pay the reasonable expenses to adequately audit, investigate, and provide other oversight activities of the fund and the functions financed by the fund. (2) Such amount shall not exceed .33 percent of the total budgetary obligations for fiscal year 2014 of the fund. 634. The Secretary of the Treasury and the Administrator of the General Services Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a comprehensive report compiled in conjunction with the Government Accountability Office that details updated missions, goals, strategies, and priorities, and performance metrics that are measurable, repeatable, and directly linked to requests for funding. VII General provisions—government-wide Departments, Agencies, and Corporations (including transfer of funds) 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2014 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act ( 21 U.S.C. 802 )) by the officers and employees of such department, agency, or instrumentality. 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with sub section 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, law enforcement, and undercover surveillance vehicles), is hereby fixed at $13,197 except station wagons for which the maximum shall be $13,631: Provided , That these limits may be exceeded by not to exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for special heavy-duty vehicles: Provided further , That the limits set forth in this section may not be exceeded by more than 5 percent for electric or hybrid vehicles purchased for demonstration under the provisions of the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976: Provided further , That the limits set forth in this section may be exceeded by the incremental cost of clean alternative fuels vehicles acquired pursuant to Public Law 101–549 over the cost of comparable conventionally fueled vehicles: Provided further , That the limits set forth in this section shall not apply to any vehicle that is a commercial item and which operates on emerging motor vehicle technology, including but not limited to electric, plug-in hybrid electric, and hydrogen fuel cell vehicles. 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924. 704. Unless otherwise specified during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B) ; (3) is a person who is admitted as a refugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided , That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further , That for purposes of subsections (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: Provided further , That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: Provided further , That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: Provided further , That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government: Provided further , That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act, or to international broadcasters employed by the Broadcasting Board of Governors, or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Provided further , That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country. 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 13423 (January 24, 2007), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States Code, shall be available, in addition to objects for which such funds are otherwise available, for rent in the District of Columbia; services in accordance with 5 U.S.C. 3109 ; and the objects specified under this head, all the provisions of which shall be applicable to the expenditure of such funds unless otherwise specified in the Act by which they are made available: Provided , That in the event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations on administrative expenses shall be correspondingly reduced. 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. 709. None of the funds made available pursuant to the provisions of this Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term office shall include the entire suite of offices assigned to the individual, as well as any other space used primarily by the individual or the use of which is directly controlled by the individual. 711. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments, agencies, or entities, as provided by Executive Order No. 13618 (July 6, 2012). 712. (a) None of the funds appropriated by this or any other Act may be obligated or expended by any Federal department, agency, or other instrumentality for the salaries or expenses of any employee appointed to a position of a confidential or policy-determining character excepted from the competitive service pursuant to 5 U.S.C. 3302 , without a certification to the Office of Personnel Management from the head of the Federal department, agency, or other instrumentality employing the Schedule C appointee that the Schedule C position was not created solely or primarily in order to detail the employee to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from— (1) the Central Intelligence Agency; (2) the National Security Agency; (3) the Defense Intelligence Agency; (4) the National Geospatial-Intelligence Agency; (5) the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs; (6) the Bureau of Intelligence and Research of the Department of State; (7) any agency, office, or unit of the Army, Navy, Air Force, or Marine Corps, the Department of Homeland Security, the Federal Bureau of Investigation or the Drug Enforcement Administration of the Department of Justice, the Department of Transportation, the Department of the Treasury, or the Department of Energy performing intelligence functions; or (8) the Director of National Intelligence or the Office of the Director of National Intelligence. 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age belief systems as defined in Equal Employment Opportunity Commission Notice N–915.022, dated September 2, 1988; or (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 716. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. 717. None of the funds made available in this Act or any other Act may be used to provide any non-public information such as mailing, telephone or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by the Congress. 719. (a) In this section, the term agency — (1) means an Executive agency, as defined under 5 U.S.C. 105 ; and (2) includes a military department, as defined under section 102 of such title, the Postal Service, and the Postal Regulatory Commission. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2) , has an obligation to expend an honest effort and a reasonable proportion of such employee's time in the performance of official duties. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Government-wide Policy with the approval of the Director of the Office of Management and Budget, funds made available for the current fiscal year by this or any other Act, including rebates from charge card and other contracts: Provided , That these funds shall be administered by the Administrator of the General Services Administration to support Government-wide and other multi-agency financial, information technology, procurement, and other management innovations, initiatives, and activities, as approved by the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups designated by the Director (including the President's Management Council for overall management improvement initiatives, the Chief Financial Officers Council for financial management initiatives, the Chief Information Officers Council for information technology initiatives, the Chief Human Capital Officers Council for human capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for performance improvement initiatives): Provided further , That the total funds transferred or reimbursed shall not exceed $17,000,000 for Government-Wide innovations, initiatives, and activities: Provided further , That the funds transferred to or for reimbursement of General Services Administration, Government-wide Policy during fiscal year 2014 shall remain available for obligation through September 30, 2015: Provided further , That such transfers or reimbursements may only be made after 15 days following notification of the Committees on Appropriations of the House of Representatives and the Senate by the Director of the Office of Management and Budget. 722. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 723. Notwithstanding 31 U.S.C. 1346 , or section 708 of this Act, funds made available for the current fiscal year by this or any other Act shall be available for the interagency funding of specific projects, workshops, studies, and similar efforts to carry out the purposes of the National Science and Technology Council (authorized by Executive Order No. 12881), which benefit multiple Federal departments, agencies, or entities: Provided , That the Office of Management and Budget shall provide a report describing the budget of and resources connected with the National Science and Technology Council to the Committees on Appropriations, the House Committee on Science and Technology, and the Senate Committee on Commerce, Science, and Transportation 90 days after enactment of this Act. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall indicate the agency providing the funds, the Catalog of Federal Domestic Assistance Number, as applicable, and the amount provided: Provided , That this provision shall apply to direct payments, formula funds, and grants received by a State receiving Federal funds. 725. (a) Prohibition of Federal Agency Monitoring of Individuals' Internet Use None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) Definitions For the purposes of this section: (1) The term regulatory means agency actions to implement, interpret or enforce authorities provided in law. (2) The term supervisory means examinations of the agency's supervised institutions, including assessing safety and soundness, overall financial condition, management practices and policies and compliance with applicable standards as provided in law. 726. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 727. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. 728. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 729. Notwithstanding any other provision of law, none of the funds appropriated or made available under this Act or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch). 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, and/or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Center is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Center facilities. 731. Unless otherwise authorized by existing law, none of the funds provided in this Act or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 732. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. 733. (a) In General None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) ) or any subsidiary of such an entity. (b) Waivers (1) In general Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Report to congress Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) Exception This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. 734. During fiscal year 2014, for each employee who— (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code, or (2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code. 735. (a) None of the funds made available in this or any other Act may be used to recommend or require any entity submitting an offer for a Federal contract or otherwise performing or participating in acquisition at any stage of the acquisition process (as defined in section 131 of title 41, United States Code) of property or services by the Federal Government to disclose any of the following information as a condition of submitting the offer or otherwise performing in or participating in such acquisition: (1) Any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office. (2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1). (b) In this section, each of the terms contribution , expenditure , independent expenditure , electioneering communication , candidate , election , and Federal office has the meaning given such term in the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ). 736. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal government, including the President, the Vice President, a member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 737. Except as expressly provided otherwise, any reference to this Act contained in any title other than title IV or VIII shall not apply to such title IV or VIII. 738. (a) None of the funds made available by this Act may be used to pay more than 75 percent of the salary of any senior Internal Revenue Service official during the period beginning on July 1, 2014, and ending on September 30, 2014, unless as of July 1, 2014, the Treasury Inspector General for Tax Administration certifies that the recommendations contained in audit report 2013–10–053 (Inappropriate Criteria Were Used to Identify Tax-Exempt Applications for Review) have been implemented by the Internal Revenue Service. (b) For the purposes of this section, the term senior Internal Revenue Service official means the Commissioner of Internal Revenue and any Deputy Commissioner of Internal Revenue. VIII General provisions—district of columbia (including transfer of funds) 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 1, 2014. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term official duties does not include travel between the officer's or employee's residence and workplace, except in the case of— (1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District of Columbia government employee as may otherwise be designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief; (3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Director; (4) the Mayor of the District of Columbia; and (5) the Chairman of the Council of the District of Columbia. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. 807. None of the Federal funds contained in this Act may be used for any program of distributing sterile needles or syringes for the hypodermic injection of any illegal drug. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a conscience clause which provides exceptions for religious beliefs and moral convictions. 809. None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) or any tetrahydrocannabinols derivative. 810. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. 811. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2014 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements. 812. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1–204.42). 813. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. (b) The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act. (c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 814. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 815. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2014 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2014 in this Act, shall remain available through September 30, 2015, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act. 816. Except as expressly provided otherwise, any reference to this Act contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV. 817. It is the sense of the Congress that the Congress should not pass any legislation that authorizes spending cuts that would increase poverty in the United States. Title IX—Additional General Provisions 901. None of the funds made available by this Act shall be used by the Securities and Exchange Commission to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. 902. None of the funds made available in this Act may be used by a Federal or State governmental entity to require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in storage with the provider (as such terms are defined in sections 2510 and 2711 of title 18, United States Code) unless the governmental entity obtains a warrant issued using the procedures described in the Federal Rules of Criminal Procedure by a court of competent jurisdiction directing the disclosure. 903. (a) None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. (b) None of the funds made available in this Act may be used by the Internal Revenue Service to issue any regulation, revenue ruling, or interpretative guidance relating to the primary purpose standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare by the Department of the Treasury (including the Internal Revenue Service) for purposes of determining the organization’s tax exempt status under section 501(c)(4) of the Internal Revenue Code of 1986. The standards and definitions relating to such primary purpose standard as in effect on January 1, 2010, shall apply for purposes of determining the status of organizations under section 501(c)(4) of the Internal Revenue Code of 1986 after the date of the enactment of this Act. This subsection shall apply to any organization claiming tax exempt status under section 501(c)(4) of the Internal Revenue Code of 1986 which was created on, before, or after the date of the enactment of this Act and before the effective date of any law hereafter enacted to modify such primary purpose standard. spending reduction account 904. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Financial Services and General Government Appropriations Act, 2014 . July 23, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

https://www.govinfo.gov/content/pkg/BILLS-113hr2786rh/xml/BILLS-113hr2786rh.xml

113-hr-2787

IB Union Calendar No. 124 113th CONGRESS 1st Session H. R. 2787 [Report No. 113–171] IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Wolf , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of Commerce International Trade Administration Operations and Administration For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $451,000,000, to remain available until September 30, 2015, of which $9,439,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided , That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities. Bureau of Industry and Security Operations and Administration For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b) ); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $94,000,000, to remain available until expended: Provided , That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further , That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments. Economic Development Administration Economic Development Assistance Programs For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, for the cost of loan guarantees authorized by section 26 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3721 ), and for grants, $184,500,000, to remain available until expended; of which $5,000,000 shall be for projects to facilitate the relocation, to the United States, of a source of employment located outside the United States; and of which $5,000,000 shall be for loan guarantees under such section 26: Provided , That the costs for loan guarantees, 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 for loan guarantees under such section 26 are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed $70,000,000. Salaries and Expenses For necessary expenses of administering the economic development assistance programs as provided for by law, $36,000,000: Provided , That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, and the Community Emergency Drought Relief Act of 1977. Minority Business Development Agency Minority Business Development For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $27,000,000. Economic and Statistical Analysis Salaries and Expenses For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $93,430,000, to remain available until September 30, 2015. Bureau of the Census Salaries and Expenses For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $238,873,000: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities. Periodic Censuses and Programs For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs provided for by law, $605,865,000, to remain available until September 30, 2015: Provided , That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further , That within the amounts appropriated, $1,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the Bureau of the Census. National Telecommunications and Information Administration Salaries and Expenses For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $42,874,000, to remain available until September 30, 2015: Provided , That, notwithstanding 31 U.S.C. 1535(d) , the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further , That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended. Public Telecommunications Facilities, Planning and Construction For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. United States Patent and Trademark Office Salaries and Expenses (Including Transfers of Funds) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,024,000,000, to remain available until expended: Provided , That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2014, so as to result in a fiscal year 2014 appropriation from the general fund estimated at $0: Provided further , That during fiscal year 2014, should the total amount of such offsetting collections be less than $3,024,000,000, this amount shall be reduced accordingly: Provided further , That any amount received in excess of $3,024,000,000 in fiscal year 2014 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further , That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That from amounts provided herein, not to exceed $900 shall be made available in fiscal year 2014 for official reception and representation expenses: Provided further , That in fiscal year 2014 from the amounts made available for Salaries and Expenses for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further , That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further , That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act ( Public Law 112–29 ): Provided further , That within the amounts appropriated, $2,000,000 shall be transferred to the Office of Inspector General account for activities associated with carrying out investigations and audits related to the USPTO. National Institute of Standards and Technology Scientific and Technical Research and Services For necessary expenses of the National Institute of Standards and Technology (NIST), $609,038,000, to remain available until expended, of which not to exceed $2,000,000 may be transferred to the Working Capital Fund : Provided , That not to exceed $5,000 shall be for official reception and representation expenses: Provided further , That NIST may provide local transportation for summer undergraduate research fellowship program participants. Industrial Technology Services For necessary expenses for the Hollings Manufacturing Extension Partnership, $120,000,000, to remain available until expended. Construction of Research Facilities For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e ), $55,000,000, to remain available until expended: Provided , That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years. National Oceanic and Atmospheric Administration Operations, Research, and Facilities (Including Transfer of Funds) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $2,907,290,000, to remain available until September 30, 2015, except that funds provided for cooperative enforcement shall remain available until September 30, 2016: Provided , That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further , That in addition, $115,000,000 shall be derived by transfer from the fund entitled Promote and Develop Fishery Products and Research Pertaining to American Fisheries : Provided further , That of the $3,037,290,000 provided for in direct obligations under this heading, $2,907,290,000 is appropriated from the general fund, $115,000,000 is provided by transfer, and $15,000,000 is derived from recoveries of prior year obligations: Provided further , That the total amount available for National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $192,600,000: Provided further , That any deviation from the amounts designated for specific activities in the statement accompanying this Act, and any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act. In addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under section 55 of title 10, United States Code, such sums as may be necessary. Procurement, Acquisition and Construction For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,978,907,000, to remain available until September 30, 2016, except that funds provided for construction of facilities shall remain available until expended: Provided , That of the $1,985,907,000 provided for in direct obligations under this heading, $1,978,907,000 is appropriated from the general fund and $7,000,000 is provided from recoveries of prior year obligations: Provided further , That any deviation from the amounts designated for specific activities in the statement accompanying this Act, and any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further , That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years. Pacific Coastal Salmon Recovery For necessary expenses associated with the restoration of Pacific salmon populations, $35,000,000, to remain available until September 30, 2015: Provided , That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the Federally recognized tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further , That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further , That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds. Fishermen's Contingency Fund For carrying out title IV of Public Law 95–372 , not to exceed $350,000, to be derived from receipts collected pursuant to that Act, to remain available until expended. Fisheries Finance Program Account Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2014, obligations of direct loans may not exceed $24,000,000 for individual fishing quota loans and not to exceed $59,000,000 for traditional direct loans as authorized by subchapter I of chapter 537 of title 46, United States Code: Provided , That none of the funds made available under this heading may be used for direct loans for any new fishing vessel that will increase the harvesting capacity in any United States fishery. Departmental Management Salaries and Expenses For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $52,000,000: Provided , That the Secretary of Commerce shall maintain a task force on job repatriation and manufacturing growth and shall produce an annual report on related incentive strategies, implementation plans and program results. Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $28,000,000. General Provisions—Department of Commerce 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 ), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324 , may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109 ; and uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901–5902 ). 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce. 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 ), as amended by section 105 of title I of division B of Public Law 113–6 , are hereby adopted by reference and made applicable with respect to fiscal year 2014. 105. Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 107. The Administrator of the National Oceanic and Atmospheric Administration may use, with their consent, with reimbursement, and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, of any State, local government, Indian tribal government, or Territory or possession of the United States, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 108. The Department of Commerce shall provide a monthly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of the U.S. Department of Commerce, including the purpose of such travel. This title may be cited as the Department of Commerce Appropriations Act, 2014 . II Department of Justice General Administration Salaries and Expenses For expenses necessary for the administration of the Department of Justice, $103,900,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended: Provided , That $1,000,000 shall be transferred to Office of Inspector General and used by the Inspector General to commission an independent review of the management and policies of the Civil Rights Division. Justice Information Sharing Technology For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $25,842,000, to remain available until expended. Administrative Review and Appeals (Including Transfer of Funds) For expenses necessary for the administration of pardon and clemency petitions and immigration-related activities, $307,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee account. Office of Inspector General For necessary expenses of the Office of Inspector General, $81,540,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character. United States Parole Commission Salaries and Expenses For necessary expenses of the United States Parole Commission as authorized, $12,000,000. Legal Activities Salaries and Expenses, General Legal Activities For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; and rent of private or Government-owned space in the District of Columbia, $822,200,000, of which not to exceed $10,000,000 for litigation support contracts shall remain available until expended: Provided , That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to Salaries and Expenses, General Legal Activities from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That of the amount appropriated, such sums as may be necessary shall be available to reimburse the Office of Personnel Management for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 ( 42 U.S.C. 1973f ): Provided further , That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended. In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $7,833,000, to be appropriated from the Vaccine Injury Compensation Trust Fund. Salaries and Expenses, Antitrust Division For expenses necessary for the enforcement of antitrust and kindred laws, $159,000,000, to remain available until expended: Provided , That notwithstanding any other provision of law, fees collected for premerger notification filings under section 7A of the Clayton Act ( 15 U.S.C. 18a ), regardless of the year of collection (and estimated to be $103,000,000 in fiscal year 2014), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further , That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2014, so as to result in a final fiscal year 2014 appropriation from the general fund estimated at $56,000,000. Salaries and Expenses, United States Attorneys For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $1,887,000,000: Provided , That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further , That not to exceed $25,000,000 shall remain available until expended: Provided further , That each United States Attorney shall establish or participate in a United States Attorney-led task force on human trafficking. United States Trustee System Fund For necessary expenses of the United States Trustee Program, as authorized, $213,000,000, to remain available until expended and to be derived from the United States Trustee System Fund: Provided , That, notwithstanding any other provision of law, deposits to the Fund shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further , That, notwithstanding any other provision of law, $213,000,000 of offsetting collections pursuant to section 589a(b) of title 28, United States Code, shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further , That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2014, so as to result in a final fiscal year 2014 appropriation from the Fund estimated at $0. Salaries and Expenses, Foreign Claims Settlement Commission For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,100,000. Fees and Expenses of Witnesses For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $11,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. Salaries and Expenses, Community Relations Service For necessary expenses of the Community Relations Service, $12,000,000: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Assets Forfeiture Fund For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,000,000, to be derived from the Department of Justice Assets Forfeiture Fund. United States Marshals Service Salaries and Expenses For necessary expenses of the United States Marshals Service, $1,155,000,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended. Construction For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $9,812,000, to remain available until expended. Federal Prisoner Detention For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $1,520,000,000, to remain available until expended: Provided , That not to exceed $20,000,000 shall be considered funds appropriated for State and local law enforcement assistance pursuant to section 4013(b) of title 18, United States Code: Provided further , That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System. National Security Division Salaries and Expenses For expenses necessary to carry out the activities of the National Security Division, $91,800,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Interagency Law Enforcement Interagency Crime and Drug Enforcement For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking and affiliated money-laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in organized crime drug trafficking, $486,000,000, of which $50,000,000 shall remain available until expended: Provided , That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. Federal Bureau of Investigation Salaries and Expenses For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,042,000,000, of which not to exceed $216,900,000 shall remain available until expended: Provided , That not to exceed $184,500 shall be available for official reception and representation expenses: Provided further , That up to $500,000 shall be for a comprehensive review of the implementation of the recommendations related to the Federal Bureau of Investigation that were proposed in the report issued by the National Commission on Terrorist Attacks Upon the United States. Construction For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of Federally-owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $79,900,000, to remain available until expended. Drug Enforcement Administration Salaries and Expenses For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $1,969,605,000; of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses. Bureau of Alcohol, Tobacco, Firearms and Explosives Salaries and Expenses For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,142,000,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $20,000,000 shall remain available until expended: Provided , That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further , That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments. Federal Prison System Salaries and Expenses (Including Transfer of Funds) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $6,580,000,000: Provided , That the Attorney General may transfer to the Health Resources and Services Administration such amounts as may be necessary for direct expenditures by that Administration for medical relief for inmates of Federal penal and correctional institutions: Provided further , That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further , That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further , That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2015: Provided further , That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further , That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. Buildings and Facilities For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $90,000,000, to remain available until expended, of which not less than $67,148,000 shall be available only for modernization, maintenance and repair, and of which not to exceed $14,000,000 shall be available to construct areas for inmate work programs: Provided , That labor of United States prisoners may be used for work performed under this appropriation. Federal Prison Industries, Incorporated The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation. Limitation on Administrative Expenses, Federal Prison Industries, Incorporated Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State and Local Law Enforcement Activities Office on Violence Against Women Violence Against Women Prevention and Prosecution Programs For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) ( the 1968 Act ); the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ) ( the 1974 Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ) ( the 2000 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); and the Violence Against Women Reauthorization Act of 2013 ( Public Law 113–4 ); and for related victims services, $413,000,000, to remain available until expended: Provided , That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further , That of the amount provided— (1) $189,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act; (2) $22,250,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking or sexual assault as authorized by section 40299 of the 1994 Act; (3) $3,250,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; (4) $10,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided , That unobligated balances available for the programs authorized by sections 41201, 41204, 41303 and 41305 of the 1994 Act shall be available for this program: Provided further , That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further , That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program; (5) $50,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative; (6) $25,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $35,500,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $9,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act; (9) $41,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $4,250,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act; (11) $16,000,000 is for a grant program to support families in the justice system, including for the purposes described in the safe havens for children program, as authorized by section 1301 of the 2000 Act, and the court training and improvements program, as authorized by section 41002 of the 1994 Act; (12) $5,750,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act, which may be transferred to Research, Evaluation and Statistics for administration by the Office of Justice Programs; and (15) $500,000 is for the Office on Violence Against Women to establish a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women. Office of Justice Programs Research, Evaluation and Statistics For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); subtitle D of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); and other programs, $114,000,000, to remain available until expended, of which— (1) $42,000,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act; (2) $37,000,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act; and (3) $35,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act. State and Local Law Enforcement Assistance For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 ) ( the 1994 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Justice for All Act of 2004 ( Public Law 108–405 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Trafficking Victims Protection Reauthorization Act of 2005 ( Public Law 109–164 ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ); the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 ); subtitle D of title II of the Homeland Security Act of 2002 ( Public Law 107–296 ) ( the 2002 Act ); the Second Chance Act of 2007 ( Public Law 110–199 ); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 ); the Victims of Crime Act of 1984 ( Public Law 98–473 ); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); and other programs, $1,065,000,000, to remain available until expended as follows— (1) $465,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g) of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $15,000,000 is for a Preventing Violence Against Law Enforcement Officer Resilience and Survivability Initiative (VALOR), $4,000,000 is for use by the National Institute of Justice for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective intervention and prevention, $2,500,000 is for objective, nonpartisan voter education about, and a plebiscite on, options that would resolve Puerto Rico's future political status, which shall be provided to the State Elections Commission of Puerto Rico, and $75,000,000 is for a comprehensive school safety initiative to be developed by the National Institute of Justice consistent with the direction provided in the report accompanying this Act; (2) $165,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i)(5) ): Provided , That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities; (3) $10,000,000 for competitive grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation); (4) $13,500,000 for victim services programs for victims of trafficking, including as authorized by section 107(b)(2) of Public Law 106–386 , and for programs authorized under Public Law 109–164 ; (5) $41,000,000 for drug courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (6) $7,500,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 ); (7) $6,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act; (8) $1,000,000 for the capital litigation improvement grant program, as authorized by section 426 of Public Law 108–405 , and for grants for wrongful conviction review; (9) $4,000,000 for economic, high technology and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403 ; (10) $20,000,000 for implementation of the Adam Walsh Act and related activities; (11) $1,000,000 for the National Sex Offender Public Website; (12) $55,000,000 for grants to States to upgrade criminal and mental health records in the National Instant Criminal Background Check System; (13) $125,000,000 for DNA-related and forensic programs and activities, of which— (A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( Public Law 106–546 ) (the Debbie Smith DNA Backlog Grant Program): Provided , That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA training and education for law enforcement, correctional personnel, and court officers program ( Public Law 108–405 , section 303); (B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Program ( Public Law 108–405 , section 412); and (C) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405 ; (14) $3,500,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (15) $30,000,000 for assistance to Indian tribes; (16) $55,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 ), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed $5,000,000 is for a program to improve State, local, and tribal probation or parole supervision efforts and strategies; (17) $4,000,000 for a veterans treatment courts program; (18) $1,000,000 for the purposes described in the Missing Alzheimer's Disease Patient Alert Program (section 240001 of the 1994 Act); (19) $7,000,000 for a program to monitor prescription drugs and scheduled listed chemical products; (20) $12,500,000 for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 ( Public Law 108–79 ), of which not more than $150,000 of these funds shall be available for the direct federal costs of facilitating an auditing process; (21) $3,000,000 to operate a National Center for Campus Public Safety; (22) $25,000,000 for a justice reinvestment initiative for activities related to criminal justice reform and recidivism reduction, of which not less than $1,000,000 is for a task force on Federal corrections; and (23) $10,000,000 for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act: Provided , That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service. Juvenile Justice Programs For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act ); the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act ); the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ) ( the 2005 Act ); the Missing Children's Assistance Act ( 42 U.S.C. 5771 et seq. ); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( Public Law 108–21 ); the Victims of Child Abuse Act of 1990 ( Public Law 101–647 ) ( the 1990 Act ); the Adam Walsh Child Protection and Safety Act of 2006 ( Public Law 109–248 ) ( the Adam Walsh Act ); the PROTECT Our Children Act of 2008 ( Public Law 110–401 ); and other juvenile justice programs, $196,000,000, to remain available until expended as follows— (1) $20,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process; (2) $90,000,000 for youth mentoring grants; (3) $19,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; and (4) $67,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 ) shall not apply for purposes of this Act): Provided , That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further , That not more than 2 percent of each amount may be used for training and technical assistance: Provided further , That the previous two provisos shall not apply to grants and projects authorized by sections 261 and 262 of the 1974 Act and to missing and exploited children programs. Public Safety Officer Benefits For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided , That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to Public Safety Officer Benefits from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further , That any transfer pursuant to the previous proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. General Provisions—Department of Justice 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape: Provided , That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided , That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided , That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. 206. The Attorney General is authorized to extend through September 30, 2014, the Personnel Management Demonstration Project transferred to the Attorney General pursuant to section 1115 of the Homeland Security Act of 2002 ( Public Law 107–296 ; 28 U.S.C. 599B ) without limitation on the number of employees or the positions covered. 207. None of the funds made available to the Department of Justice in this Act may be used for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 208. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 209. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 210. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and accompanying statement, and to any use of deobligated balances of funds provided under this title in previous years. 211. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 212. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 213. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics , State and Local Law Enforcement Assistance , and Juvenile Justice Programs — (1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. 214. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2011 through 2014 for the following programs, waive the following requirements: (1) For the adult and juvenile offender state and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w(g)(1) ), the requirements under section 2976(g)(1) of such part. (2) For State, Tribal, and local reentry courts under part FF of title I of such Act of 1968 ( 42 U.S.C. 3797w–2(e)(1) and (2)), the requirements under section 2978(e)(1) and (2) of such part. (3) For the prosecution drug treatment alternatives to prison program under part CC of title I of such Act of 1968 ( 42 U.S.C. 3797q–3 ), the requirements under section 2904 of such part. (4) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15605(c)(3) ), the requirements of section 6(c)(3) of such Act. 215. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 13709(a) ) shall not apply to amounts made available by this or any other Act. 216. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 18 U.S.C. 922 note), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times. 217. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2014. (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2014, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2014, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. (d) Of amounts available in the Assets Forfeiture Fund in fiscal year 2014, $154,700,000 shall be for payments associated with joint law enforcement operations as authorized by section 524(c)(1)(I) of title 28, United States Code. (e) The Attorney General shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act detailing the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during fiscal year 2014. 218. None of the funds made available to the Department of Justice by this Act may be used to invalidate, overturn, or interfere with State immigration laws. This title may be cited as the Department of Justice Appropriations Act, 2014 . III Science Office of Science and Technology Policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. ), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,453,000. National Aeronautics and Space Administration Science For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,781,000,000, to remain available until September 30, 2015: Provided , That $80,000,000 shall be for pre-formulation and/or formulation activities for a mission that meets the science goals outlined for the Jupiter Europa mission in the most recent planetary science decadal survey. Aeronautics For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $566,000,000, to remain available until September 30, 2015. Space Technology For necessary expenses, not otherwise provided for, in the conduct and support of space research and technology development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $576,000,000, to remain available until September 30, 2015. Exploration For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,612,000,000, to remain available until September 30, 2015: Provided , That not less than $1,050,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further , That not less than $1,775,000,000 shall be for the Space Launch System, which shall have a lift capability not less than 130 metric tons and which shall have an upper stage and other core elements developed simultaneously: Provided further , That of the funds made available for the Space Launch System, $1,476,000,000 shall be for launch vehicle development and $299,000,000 shall be for exploration ground systems: Provided further , That funds made available for the Orion Multi-Purpose Crew Vehicle and Space Launch System are in addition to funds provided for these programs under the Construction and Environmental Compliance and Restoration heading. Space Operations For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $3,670,000,000, to remain available until September 30, 2015. Education For necessary expenses, not otherwise provided for, in carrying out aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $122,000,000, to remain available until September 30, 2015, of which $9,000,000 shall be for the Experimental Program to Stimulate Competitive Research and $24,000,000 shall be for the National Space Grant College program. Cross Agency Support For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $2,711,000,000, to remain available until September 30, 2015. Construction and Environmental Compliance and Restoration For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $525,000,000, to remain available until September 30, 2019: Provided , That hereafter, notwithstanding section 315 of the National Aeronautics and Space Act of 1958 ( 51 U.S.C. 20145 ), all proceeds from leases entered into under that section shall be deposited into this account: Provided further , That such proceeds shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further , That such proceeds referred to in the two preceding provisos shall be available for obligation for fiscal year 2014 in an amount not to exceed $8,051,300: Provided further , That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 315 of the National Aeronautics and Space Act of 1958 ( 51 U.S.C. 20145 ). Office of Inspector General For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $35,300,000, of which $500,000 shall remain available until September 30, 2015. Administrative Provisions Funds for announced prizes otherwise authorized shall remain available, without fiscal year limitation, until the prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The National Aeronautics and Space Administration shall submit a spending plan, signed by the Administrator, to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the enactment of this Act. This spending plan shall be provided at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. National Science Foundation Research and Related Activities For necessary expenses in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $5,676,200,000, to remain available until September 30, 2015, of which not to exceed $520,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided , That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. Major Research Equipment and Facilities Construction For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including authorized travel, $182,620,000, to remain available until expended: Provided , That none of the funds may be used to reimburse the Judgment Fund established under section 1304 of title 31, United States Code. Education and Human Resources For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $825,000,000, to remain available until September 30, 2015. Agency Operations and Award Management For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. ); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $294,000,000: Provided , That not to exceed $8,280 is for official reception and representation expenses: Provided further , That contracts may be entered into under this heading in fiscal year 2014 for maintenance and operation of facilities and for other services to be provided during the next fiscal year. Office of the National Science Board For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 ) and Public Law 86–209 ( 42 U.S.C. 1880 et seq. ), $4,100,000: Provided , That not to exceed $2,500 shall be available for official reception and representation expenses. Office of Inspector General For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $13,200,000, of which $400,000 shall remain available until September 30, 2015. Administrative Provision Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 15 percent by any such transfers. Any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. This title may be cited as the Science Appropriations Act, 2014 . IV Related Agencies Commission on Civil Rights Salaries and Expenses For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $8,763,000: Provided , That none of the funds appropriated in this paragraph shall be used to employ in excess of four full-time individuals under Schedule C of the Excepted Service exclusive of one special assistant for each Commissioner: Provided further , That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further , That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 ( 42 U.S.C. 1975a ). Equal Employment Opportunity Commission Salaries and Expenses For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Non-Discrimination Act (GINA) of 2008 ( Public Law 110–233 ), the ADA Amendments Act of 2008 ( Public Law 110–325 ), and the Lilly Ledbetter Fair Pay Act of 2009 ( Public Law 111–2 ), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $29,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $355,000,000: Provided , That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further , That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission. International Trade Commission Salaries and Expenses For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $79,000,000, to remain available until expended. Legal Services Corporation Payment to the Legal Services Corporation For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $300,000,000, of which $271,900,000 is for basic field programs and required independent audits; $4,200,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $17,000,000 is for management and grants oversight; $3,400,000 is for client self-help and information technology; $2,500,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided , That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act ( 42 U.S.C. 2996(d) ): Provided further , That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further , That, for the purposes of sections 505 and 531 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government. Administrative Provision—Legal Services Corporation None of the funds appropriated in this Act 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 Act 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 2013 and 2014, respectively. Marine Mammal Commission Salaries and Expenses For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ), $2,900,000. Office of the United States Trade Representative Salaries and Expenses For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $50,000,000, of which $1,000,000 shall remain available until expended: Provided , That not to exceed $124,000 shall be available for official reception and representation expenses. State Justice Institute Salaries and Expenses For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Authorization Act of 1984 ( 42 U.S.C. 10701 et seq. ) $4,799,000, of which $500,000 shall remain available until September 30, 2015: Provided , That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further , That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government. V General Provisions (Including Rescissions) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds by agencies (excluding agencies of the Department of Justice) funded by this Act and 45 days in advance of such reprogramming of funds by agencies of the Department of Justice funded by this Act. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term promotional items has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3). 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of the first quarter of fiscal year 2014, and subsequent reports shall be submitted within 30 days of the end of each quarter thereafter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. None of the funds made available in this Act may be used to pay the salaries and expenses of personnel of the Department of Justice to obligate more than $745,000,000 during fiscal year 2014 from the fund established by section 1402 of Public Law 98–473 ( 42 U.S.C. 10601 ). 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act. 514. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (d) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. 515. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire an information technology system unless the head of the entity involved, in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, has made an assessment of any associated risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire an information technology system described in an assessment required by subsection (a) and produced, manufactured or assembled by one or more entities that are owned, directed or subsidized by the People's Republic of China unless the head of the assessing entity described in subsection (a) determines, and reports that determination to the Committees on Appropriations of the House of Representatives and the Senate, that the acquisition of such system is in the national interest of the United States. 516. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 517. (a) Notwithstanding any other provision of law or treaty, in the current fiscal year and any fiscal year thereafter, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 518. Notwithstanding any other provision of law, in the current fiscal year and any fiscal year thereafter, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin curios or relics firearms, parts, or ammunition. 519. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States-Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States-Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States-Morocco Free Trade Agreement. 520. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act; The Electronic Communications Privacy Act; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; and the laws amended by these Acts. 521. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 522. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 ) during fiscal year 2014 until the enactment of the Intelligence Authorization Act for fiscal year 2014. (Rescissions) 523. (a) Of the unobligated balances available for Department of Commerce, National Telecommunications and Information Administration, Public Telecommunications Facilities, Planning and Construction , $5,000,000 is hereby rescinded. (b) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2014, from the following accounts in the specified amounts— (1) Working Capital Fund , $30,000,000; (2) Legal Activities, Assets Forfeiture Fund , $777,355,000, which shall be permanently rescinded; (3) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs , $6,200,000; (4) State and Local Law Enforcement Activities, Office of Justice Programs , $47,000,000; and (5) State and Local Law Enforcement Activities, Community Oriented Policing Services , $14,000,000. (c) The Department of Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2014, specifying the amount of each rescission made pursuant to subsection (b). 524. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 525. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States. 526. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 527. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 528. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star qualified or have the Federal Energy Management Program designation. 529. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 530. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP has certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. 531. (a) The head of any Executive branch department, agency, board, commission or office funded by this Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission or office during fiscal year 2014 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days of the date of a conference held by any Executive branch department, agency, board, commission or office funded by this Act during fiscal year 2014 for which the cost to the United States Government was more than $100,000, the head of any such department, agency, board, commission or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending such conference. (d) A grant or contract funded by amounts appropriated by this Act to an Executive branch department, agency, board, commission or office may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012. 532. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 533. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 534. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 535. None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 536. None of the funds made available by this Act may be used to eliminate or reduce funding for a program, project or activity as proposed in the President's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act or unless such change is made pursuant to the reprogramming or transfer provisions of this Act. 537. The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall submit to the Committees on Appropriations of the House of Representatives and the Senate, at the time that the President’s budget proposal for fiscal year 2015 is submitted pursuant to section 1105(a) of title 31, United States Code, a comprehensive report compiled in conjunction with the Government Accountability Office that details updated missions, goals, strategies, and priorities, and performance metrics that are measurable, repeatable, and directly linked to requests for funding. 538. None of the funds made available by this Act may be used to implement, administer, or enforce the final regulations on Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act published by the Equal Employment Opportunity Commission in the Federal Register on March 30, 2012 (77 Fed. Reg. 19080 et seq.). 539. None of the funds made available by this Act may be used to require a person licensed under section 923 of title 18, United States Code, to report information to the Department of Justice regarding the sale of multiple rifles or shotguns to the same person. 540. None of the funds made available in this Act for the State Criminal Alien Assistance Program under the heading Department of Justice—State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance may be used in contravention of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ). 541. It is the sense of the Congress that the Congress should not pass any legislation which authorizes spending cuts that would increase poverty in the United States. Spending Reduction Account 542. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014 . July 23, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

https://www.govinfo.gov/content/pkg/BILLS-113hr2787rh/xml/BILLS-113hr2787rh.xml

113-hr-2788

I 113th CONGRESS 1st Session H. R. 2788 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Heck of Nevada introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prevent homeowners from being forced to pay taxes on forgiven mortgage loan debt. 1. Short title This Act may be cited as the Mortgage Forgiveness Tax Relief Act . 2. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness (a) In general Subparagraph (E) of section 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Effective date The amendment made by this section shall apply to indebtedness discharged after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2788ih/xml/BILLS-113hr2788ih.xml

113-hr-2789

I 113th CONGRESS 1st Session H. R. 2789 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mrs. Ellmers introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To delay enrollment in qualified health plans in State or Federally facilitated Exchanges until 1 year after final rules are published establishing the verification and other procedures to be used to implement section 1411 of the Patient Protection and Affordable Care Act and carrying out sections 6055 and 6056 of the Internal Revenue Code of 1986. 1. Short title This Act may be cited as the DEFECT Act (Delaying Enrollment in Federal Exchanges to Certify Trust) of 2013 . 2. Delay enrollment in qualified health plans in State or Federally facilitated Exchanges until 1 year after publication of rules establishing ver­i­fi­ca­tion and other Exchange procedures and carrying out coverage reporting requirements Notwithstanding any other provision of law, no individual may be enrolled in a qualified health plan offered through an Exchange under section 1311 or 1321 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 , 18041) until 1 year after the date that there is published in the Federal Register— (1) a final rule that establishes the verification and other procedures to be used to implement section 1411 of such Act ( 42 U.S.C. 18081 ); and (2) a final rule to carry out sections 6055 and 6056 of the Internal Revenue Code of 1986.

https://www.govinfo.gov/content/pkg/BILLS-113hr2789ih/xml/BILLS-113hr2789ih.xml

113-hr-2790

I 113th CONGRESS 1st Session H. R. 2790 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Peters of California (for himself and Mr. McNerney ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize private nonprofit organizations to administer permanent housing rental assistance provided through the Continuum of Care Program under the McKinney-Vento Homeless Assistance Act, and for other purposes. 1. Short title This Act may be cited as the Housing Assistance Efficiency Act . 2. Authority to administer rental assistance Subsection (g) of section 423 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11383(g) ) is amended by inserting private nonprofit organization, after unit of general local government, . 3. Reallocation of funds Paragraph (1) of section 414(d) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11373(d)(1) ) is amended by striking twice and inserting once .

https://www.govinfo.gov/content/pkg/BILLS-113hr2790ih/xml/BILLS-113hr2790ih.xml

113-hr-2791

I 113th CONGRESS 1st Session H. R. 2791 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Gene Green of Texas (for himself, Mr. Thompson of California , Mr. McCaul , Mr. Stivers , Ms. Slaughter , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit the export from the United States of certain electronic waste, and for other purposes. 1. Short title This Act may be cited as the Responsible Electronics Recycling Act . 2. Electronic waste export restrictions (a) Amendment Subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq. ) is amended by adding at the end the following new section: 3025. Electronic waste export restrictions (a) In general Beginning on the date that is 30 months after the date of enactment of this section, no person shall export restricted electronic waste to a country described in subsection (e). (b) Definitions; rule of construction For purposes of this section: (1) Consignee The term consignee means the ultimate repair, refurbishment, treatment, storage, or disposal facility in a receiving country to which restricted electronic waste will be sent. (2) Covered electronic equipment (A) In general The term covered electronic equipment means the following used items, whole or in fragments, including parts, components, or assemblies thereof: (i) Computers. (ii) Central processing units. (iii) Mobile computers (including notebooks, netbooks, tablets, and e-book readers). (iv) Computer accessories (including input devices, webcams, speakers, data storage devices, servers, and monitors). (v) Televisions (including portable televisions and portable DVD players). (vi) Video display devices (including digital picture frames and portable video devices). (vii) Digital imaging devices (including printers, copiers, facsimile machines, image scanners, and multifunction machines). (viii) Television peripheral devices (including video cassette recorders, DVD players, video game systems, game controllers, signal converter boxes, and cable and satellite receivers). (ix) Digital cameras and projectors. (x) Digital audio players. (xi) Telephones and electronic communication equipment (including cellular phones and wireless Internet communication devices). (xii) Networking devices (including routers, network cards, modems, and hubs). (xiii) Audio equipment. (xiv) Portable video game systems. (xv) Personal digital assistants. (xvi) Portable global positioning system navigation devices. (xvii) Other used electronic products the Administrator determines to be similar under the procedures promulgated in accordance with subsection (c). (B) Exception The term covered electronic equipment shall not include parts of a motor vehicle. (3) Restricted electronic waste (A) In general The term restricted electronic waste means— (i) items of covered electronic equipment that include, contain, are derived from, or consist of— (I) cathode ray tubes or cathode ray tube glass in any form, or cathode ray tube phosphor residues or dusts in any form; (II) a lamp or other device containing mercury phosphor; (III) batteries containing— (aa) lead, cadmium, or mercury; or (bb) organic solvents exhibiting the characteristic of ignitability, as defined in section 261.21 of title 40, Code of Federal Regulations; (IV) switches or any other devices containing mercury; (V) hexavalent chromium; (VI) other than batteries described in subclause (III), items containing antimony, barium, cadmium, lead, thallium, beryllium, arsenic, or selenium, including— (aa) circuit boards; (bb) printer drums; (cc) liquid crystal displays; (dd) flatscreen glass; and (ee) light emitting diodes; or (ii) any other covered electronic equipment, or materials derived therefrom, containing any other toxic material, in elemental or compound form, identified by the Administrator under subsection (c). (B) Exceptions The term restricted electronic waste shall not apply to items described in this subparagraph. (i) De minimis Covered electronic equipment described in subparagraphs (A)(i)(VI) and (A)(ii), including separated component streams (such as plastics or metals), which does not exceed de minimis levels set by the Administrator under subsection (d). (ii) Reuse Covered electronic equipment that is— (I) tested, pursuant to subsection (i)(1), prior to export and found to be— (aa) functional for the purpose for which the equipment was designed, or, in the case of multifunction devices, fully functional for at least one of the primary purposes for which the equipment was designed; and (bb) appropriately packaged for shipment to prevent the equipment from losing func­tion­al­i­ty due to damage during transit; and (II) appropriately labeled or marked pursuant to subsection (i)(3)(A). (iii) Certain cathode ray tube glass Furnace-ready cathode ray tube glass cullet, cleaned of all phosphors, that the competent authority in the importing country declares in writing is not waste, to be used as— (I) a direct feedstock in a lead-glass manufacturing furnace; or (II) another feedstock application that does not require further processing or preparation other than quality control. (iv) Warranties Customer returns, to point of sale, to original equipment manufacturers, or to contractual warranty collectors, of recently purchased covered electronic equipment— (I) that is either— (aa) under original equipment manufacturer warranty to customers; or (bb) under warranty from the original design manufacturer or original component manufacturer to the original equipment manufacturer, or otherwise returned by the original purchaser of the electronic equipment, due to defect or customer dissatisfaction, and the manufacturer accepts such returns for the purposes of repair or replacement in order to return to the customer a functional working product or part of the same type and model, except that products and parts covered in this item shall not include— (AA) covered electronic equipment accepted for return from individuals or businesses under general takeback, recycling, trade-in (for purposes of recycling, disposal, sales promotions, or obtaining credit for product purchases or leases) or buy-back programs, events, or policies designed to collect used or waste electronic equipment; (BB) covered electronic equipment returned at the end of leases to customers; or (CC) covered electronic equipment collected by asset recovery programs; and (II) where any export of such covered electronic equipment is to a country from whose competent authority the Administrator receives written consent pursuant to subsection (h)(1). (v) Recalls Recalls of covered electronic equipment by an original equipment manufacturer, original design manufacturer, or original component manufacturer where— (I) the covered electronic equipment is subject to recall notice issued by the Consumer Product Safety Commission or other pertinent Federal authority; (II) the original design manufacturer or original component manufacturer requires the defective covered electronic equipment to be physically returned to that manufacturer as a term of the warranty; and (III) any export of recalled covered electronic equipment is to a country from whose competent authority the Administrator receives written consent pursuant to subsection (h)(1). (4) Rule of construction regarding chemical elements Any reference to a chemical element shall be construed to be a reference to that element in compound or elemental form. (c) Additional covered electronic equipment and restricted materials Not later than 18 months after the date of enactment of this section, the Administrator shall, after notice and opportunity for public comment, and after consultation with appropriate Federal and State agencies, develop and promulgate procedures for identifying— (1) similar electronic equipment to add to the list of covered electronic equipment under subsection (b)(2); and (2) additional restricted toxic materials to add to the list in subsection (b)(3)(A)(ii), the presence of which in covered electronic equipment poses a potential hazard to human health or the environment. Such procedures shall include a method for any interested party to propose a new product or material for review by the Administrator. (d) De minimis levels Not later than 18 months after the date of enactment of this section, the Administrator shall, after notice and opportunity for public comment, and after consultation with appropriate Federal and State agencies, develop and promulgate procedures for identifying de minimis levels for restricted electronic waste described in subparagraphs (A)(i)(VI) and (A)(ii) of subsection (b)(3), below which such waste is determined by the Administrator not to pose a potential hazard to human health or the environment. (e) Countries to which prohibition applies The countries referred to in subsection (a) are all countries which are not— (1) members of the Organisation for Economic Co-operation and Development or the European Union; or (2) Liechtenstein. (f) Notice to administrator (1) In general Except as provided in paragraph (2), no person shall export covered electronic equipment described in subsection (b)(3)(B) to a country described in subsection (e) unless, not later than 60 days before the initial export shipment, such person transmits to the Administrator written notice of an intended export. Such a notification may cover export activities extending over a maximum of 12 months for the same type of covered electronic equipment, exported to the same facility via the same transit countries. The notification shall include the following information: (A) The name, mailing address, telephone number, and if applicable, the Environmental Protection Agency or Resource Conservation and Recovery Act identification number. (B) Documentation of licensing of the exporter under subsection (g). (C) The name and site address of the consignee and any alternate consignee. (D) A statement from the exporter that includes— (i) a description of the type and total quantity of covered electronic equipment that will be exported to the consignee; (ii) the estimated frequency or rate at which such covered electronic equipment is to be exported, and the period of time over which such covered electronic equipment is to be exported; (iii) all points of entry to and departure from each country through which the covered electronic equipment will pass in transit; (iv) a description of the means by which each shipment of the covered electronic equipment will be transported, including the mode of transportation and type or types of container; and (v) a description of the manner in which the covered electronic equipment will be treated, stored, or disposed of in the receiving country. (E) A list of all transit countries through which the covered electronic equipment will be transported, and a description of the approximate length of time the covered electronic equipment will remain in each country and the nature of its handling while there. (2) Exception The requirements of paragraph (1) shall not apply with respect to exports of covered electronic equipment described in subsection (b)(3)(B)(i), or exports of covered electronic equipment described in subsection (b)(3)(B)(ii). (g) Licenses In order to export covered electronic equipment to a country described in subsection (e) under the exceptions to restricted electronic waste in subsection (b)(3)(B), an entity shall obtain a license for such export that is issued by the Administrator in accordance with regulations issued under subsection (i)(2). (h) Additional Export Conditions (1) Warranties and Recalls (A) In general No person shall export covered electronic equipment to a country described in subsection (e) under the exceptions to restricted electronic waste in subsections (b)(3)(B)(iv) or (v) unless— (i) the export is made by an original equipment manufacturer or its contractual agent to the original design manufacturer or original component manufacturer’s site of last assembly, or to a company contracted to make warranty repairs, for the purposes of business credit to the original equipment manufacturer, repair or refurbishment and subsequent reuse, or replacement; (ii) the original equipment manufacturer has a presence and assets in the United States; and (iii) the person who exports the covered electronic equipment— (I) keeps copies of normal business records, such as contracts, demonstrating that each shipment of exported covered electronic equipment is intended for repair or refurbishment and subsequent reuse, or replacement, which documentation shall be retained for a period of at least 3 years after the date of export; and (II) submits an annual report to the Administrator on the amount and types of waste resulting from the refurbishment or replacement process, and how it was disposed of or recycled, which shall include— (aa) number and weight of units of products returned by the original equipment manufacturer for repair, refurbishment, or replacement listed by category and country of destination; and (bb) the covered electronic equipment, or materials derived therefrom, sent onward to further reuse, disposal, or recycling following repair, refurbishment, or replacement, listed by weight, a description of the wastes, and the ultimate country destination. (B) Acknowledgment of consent (i) Requirement No person shall export covered electronic equipment to a country described in subsection (e) under the exceptions to restricted electronic waste in subsections (b)(3)(B)(iv) or (v) until the Administrator— (I) obtains the written consent of the competent authority of the receiving country, and of each country through which the covered electronic equipment will pass in transit; and (II) transmits to the exporter an Acknowledgment of Consent reflecting receipt of each country’s consent. (ii) Country notification In cooperation with other appropriate agencies, the Administrator shall provide notification in writing of an intended export submitted under subsection (f) to the receiving country and any transit countries. (iii) Consent and exporter notification When the receiving country and all transit countries consent in writing to the receipt or transit of the covered electronic equipment, the Administrator shall transmit an Acknowledgment of Consent to the exporter. The consent from a receiving or transit country may be for a notice of multiple shipments or a specified duration as described in subsection (f). The exporter shall attach a copy of the Acknowledgment of Consent to the shipping papers or equivalent documents to ensure that the Acknowledgment of Consent accompanies the shipment of covered electronic equipment. (C) Withdrawal of consent Where the receiving country or a transit country objects to receipt or transit of the covered electronic equipment, or withdraws a prior consent, the Administrator shall notify the exporter in writing. (2) Reuse No person shall export covered electronic equipment to a country described in subsection (e) under the exception to restricted electronic waste in subsection (b)(3)(B)(ii) unless such covered electronic equipment is accompanied by documentation that is available for review, including— (A) documentation of licensing of the exporter under subsection (g); and (B) a declaration signed by an officer or designated representative of the exporter asserting that such equipment— (i) was tested, pursuant to subsection (i)(1), after it was removed from service, or after it was repaired or refurbished, and is functional in accordance with the requirements of subsection (b)(3)(B)(ii); and (ii) is being exported for the purpose of direct reuse, and not for recycling or final disposal. (3) De minimis exports No person shall export covered electronic equipment described in subsection (b)(3)(B)(i) unless such equipment is accompanied by documentation of licensing of the exporter under subsection (g). (4) Certain transactions In the case of a routed export transaction of covered electronic equipment under the exceptions to restricted electronic waste in subsection (b)(3)(B) where the exporter of record is a Foreign Principle Party in Interest (FFPI), then the U.S. Principle Party in Interest (USPPI) is responsible for compliance with the requirements of this section, including the licensing requirements under subsection (g). (i) Regulations Not later than 18 months after the date of enactment of this section, the Administrator shall issue regulations for carrying out this section, including the following: (1) Testing requirements for covered electronic equipment proposed to be exported pursuant to the exception to restricted electronic waste in subsection (b)(3)(B)(ii). (2) Establishing a process for licensing entities under subsection (g), including requirements that entities proposing to export covered electronic equipment under the exceptions to restricted electronic waste in subsection (b)(3)(B) must meet to obtain a license, including documentation that— (A) the exporter has an adequate physical presence in the United States, as determined by the Administrator, in order to be able to physically manage the equipment being exported; and (B) with respect to covered electronic equipment that is being exported for reuse pursuant to the exception to restricted electronic waste in subsection (b)(3)(B)(ii), the exporter has procedures and controls in place to ensure that adequate testing, pursuant to paragraph (1), will occur to determine the functionality of such equipment, in accordance with the requirements of such subsection (b)(3)(B)(ii). (3) In consultation with the appropriate Federal agency or agencies, provisions for an efficient export control regime which will allow for— (A) requiring a person exporting under this section to use appropriate labeling or marking, distinguishing among— (i) covered electronic equipment as permitted under this section; (ii) restricted electronic waste described in this section; and (iii) tested working covered electronic equipment as permitted under this section; and (B) enforcement mechanisms, tests, and procedures in coordination with enforcement procedures administered by other appropriate Federal agencies, including— (i) procedures to ensure that exports of covered electronic equipment under the exception to restricted electronic waste in subsection (b)(3)(B)(ii) without proper documentation required under subsection (h)(2) shall not proceed out of the port; and (ii) procedures whereby entities who obtain a license for export under subsection (g) will forfeit such license for violation of this section. (4) Establishing a registry of violators, whereby any person or entity found to be exporting restricted electronic waste in violation of this section shall be listed on a public registry on a website maintained by the Administrator for a period of 5 years after each violation. . (b) Table of contents amendment The table of contents for the Solid Waste Disposal Act is amended by adding after the item relating to section 3024 the following new item: Sec 3025. Electronic waste export restrictions. . 3. Enforcement (a) Criminal penalties Section 3008(d) of the Solid Waste Disposal Act (42 U.S.C. 6928(d)) is amended— (1) by striking or at the end of paragraph (6); (2) by inserting or at the end of paragraph (7)(B); and (3) by inserting after paragraph (7) the following new paragraph: (8) knowingly exports restricted electronic waste in violation of section 3025; . (b) Inspections Section 3007(a) of the Solid Waste Disposal Act ( 42 U.S.C. 6927(a) ) is amended— (1) by inserting or restricted electronic wastes after or has handled hazardous wastes ; and (2) by inserting or restricted electronic wastes after or other place where hazardous wastes . 4. Critical minerals and rare earth elements recycling research (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Critical Minerals The term critical mineral means any of the following chemical elements in any physical form or chemical combination: (A) Antimony. (B) Beryllium. (C) Cobalt. (D) Fluorspar. (E) Gallium. (F) Germanium. (G) Graphite. (H) Indium. (I) Magnesium. (J) Niobium. (K) Platinum group metals (PGMs). (L) Tantalum. (M) Tungsten. (N) Other elements identified by the Secretary as in critical supply. (3) Rare earth elements The term rare earth element means any of the following chemical elements in any physical form or chemical combination: (A) Scandium. (B) Yttrium. (C) Lanthanum. (D) Cerium. (E) Praseodymium. (F) Neodymium. (G) Promethium. (H) Samarium. (I) Europium. (J) Gadolinium. (K) Terbium. (L) Dysprosium. (M) Holmium. (N) Erbium. (O) Thulium. (P) Ytterbium. (Q) Lutetium. (4) Secretary The term Secretary means the Secretary of Energy. (b) Research on critical minerals and rare earth elements in electronic devices The Secretary, in consultation with the Administrator and the heads of other appropriate Federal agencies, shall assist in, and coordinate the development of, research in the recovering and recycling of critical minerals and rare earth elements found in electronic devices. (c) Grants Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a competitive research application program under which the Secretary shall provide grants to applicants to conduct research on one or more of the following activities: (1) The safe removal, separation, and recycling of critical minerals and rare earth elements from electronics. (2) Technology, component, and material design of electronics more suitable for disassembly and recycling of critical minerals and rare earth elements. (3) Collection, logistics, and reverse supply chain optimization as related to recycling critical minerals and rare earth elements from electronics. (d) Grant requirements The Secretary shall issue requirements for applying for grants under subsection (c).

https://www.govinfo.gov/content/pkg/BILLS-113hr2791ih/xml/BILLS-113hr2791ih.xml

113-hr-2792

IB Union Calendar No. 126 113th CONGRESS 1st Session H. R. 2792 [Report No. 113–173] IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Alexander, from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 2014, and for other purposes, namely: I LEGISLATIVE BRANCH House of Representatives Salaries and Expenses For salaries and expenses of the House of Representatives, $1,171,569,576, as follows: House Leadership Offices For salaries and expenses, as authorized by law, $22,058,308, including: Office of the Speaker, $6,579,621, including $25,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $2,158,463, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $7,044,031, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip, $1,867,952, including $5,000 for official expenses of the Majority Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,445,187, including $5,000 for official expenses of the Minority Whip; Republican Conference, $1,490,521; Democratic Caucus, $1,472,533: Provided , That such amount for salaries and expenses shall remain available from January 3, 2014 until January 2, 2015. Members’ Representational Allowances Including Members’ Clerk Hire, Official Expenses of Members, and Official Mail For Members' representational allowances, including Members' clerk hire, official expenses, and official mail, $543,918,813. Committee Employees Standing Committees, Special and Select For salaries and expenses of standing committees, special and select, authorized by House resolutions, $119,376,151: Provided , That such amount shall remain available for such salaries and expenses until December 31, 2014. Committee on Appropriations For salaries and expenses of the Committee on Appropriations, $25,271,004, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided , That such amount shall remain available for such salaries and expenses until December 31, 2014. Salaries, Officers and Employees For compensation and expenses of officers and employees, as authorized by law, $173,721,185, including: for salaries and expenses of the Office of the Clerk, including the positions of the Chaplain and the Historian, including not more than $25,000, of which not more than $20,000 is for the Family Room and not more than $2,000 is for the Office of the Chaplain, for official representation and reception expenses, $24,009,473; for salaries and expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official representation and reception expenses, $11,926,729, of which $4,212,500 shall remain available until expended; for salaries and expenses of the Office of the Chief Administrative Officer including not more than $3,000 for official representation and reception expenses, $116,002,451, of which $9,100,000 shall remain available until expended; for salaries and expenses of the Office of the Inspector General, $4,741,809; for salaries and expenses of the Office of General Counsel, $1,340,987; for salaries and expenses of the Office of the Parliamentarian, including the Parliamentarian, $2,000 for preparing the Digest of Rules, and not more than $1,000 for official representation and reception expenses, $1,952,249; for salaries and expenses of the Office of the Law Revision Counsel of the House, $3,087,587; for salaries and expenses of the Office of the Legislative Counsel of the House, $9,366,845; for salaries and expenses of the Office of Interparliamentary Affairs, $814,069; and for other authorized employees, $478,986. Allowances and Expenses For allowances and expenses as authorized by House resolution or law, $287,224,115, including: supplies, materials, administrative costs and Federal tort claims, $3,502,789; official mail for committees, leadership offices, and administrative offices of the House, $190,486; Government contributions for health, retirement, Social Security, and other applicable employee benefits, $260,995,068; Business Continuity and Disaster Recovery, $16,217,008, of which $5,000,000 shall remain available until expended; transition activities for new Members and staff $1,631,487 to remain available until expended; Wounded Warrior Program $2,500,000, to remain available until expended; Office of Congressional Ethics, $1,467,030; and miscellaneous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $720,247. Administrative Provisions 101. (a) Requiring Amounts Remaining in Members' Representational Allowances To Be Used for Deficit Reduction or To Reduce the Federal Debt Notwithstanding any other provision of law, any amounts appropriated under this Act for HOUSE OF REPRESENTATIVES—Salaries and Expenses—Members’ Representational Allowances shall be available only for fiscal year 2014. Any amount remaining after all payments are made under such allowances for fiscal year 2014 shall be deposited in the Treasury and used for deficit reduction (or, if there is no Federal budget deficit after all such payments have been made, for reducing the Federal debt, in such manner as the Secretary of the Treasury considers appropriate). (b) Regulations The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this section. (c) Definition As used in this section, the term Member of the House of Representatives means a Representative in, or a Delegate or Resident Commissioner to, the Congress. 102. (a) Section 109(a) of the Legislative Branch Appropriations Act, 1998 ( 2 U.S.C. 95d(a) ) is amended by striking the period at the end and inserting the following: , and for reimbursing the Secretary of Labor for any amounts paid with respect to unemployment compensation payments for former employees of the House. . (b) The amendment made by subsection (a) shall apply with respect to fiscal year 2014 and each succeeding fiscal year. 103. (a) Section 101(c)(2) of the Legislative Branch Appropriations Act, 1993 ( 2 U.S.C. 95b(c)(2) ) is amended by striking and Allowances and Expenses and inserting the following: Allowances and Expenses , the heading for any joint committee under the heading Joint Items (to the extent that amounts appropriated for the joint committee are disbursed by the Chief Administrative Officer of the House of Representatives), and Office of the Attending Physician . (b) The amendment made by subsection (a) shall apply with respect to fiscal year 2014 and each succeeding fiscal year. JOINT ITEMS For Joint Committees, as follows: Joint Economic Committee For salaries and expenses of the Joint Economic Committee, $3,983,158, to be disbursed by the Secretary of the Senate. Joint Committee on Taxation For salaries and expenses of the Joint Committee on Taxation, $9,480,731, to be disbursed by the Chief Administrative Officer of the House of Representatives. For other joint items, as follows: Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $2,175 per month to the Attending Physician; (2) an allowance of $1,300 per month to the Senior Medical Officer; (3) an allowance of $725 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $725 per month to 2 assistants and $580 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and (5) $2,625,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $3,222,160, to be disbursed by the Chief Administrative Officer of the House of Representatives. Office of Congressional Accessibility Services salaries and expenses For salaries and expenses of the Office of Congressional Accessibility Services, $1,291,707, to be disbursed by the Secretary of the Senate. CAPITOL POLICE Salaries For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $274,511,000. General Expenses For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Center, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $55,190,000, to be disbursed by the Chief of the Capitol Police or his designee: Provided , That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 2014 shall be paid by the Secretary of Homeland Security from funds available to the Department of Homeland Security. Administrative Provisions (including transfer of funds) 1001. authority to transfer amounts between salaries and general expenses During fiscal year 2014 and any succeeding fiscal year, the Capitol Police may transfer amounts appropriated for the fiscal year between the category for salaries and the category for general expenses, upon the approval of the Committees on Appropriations of the House of Representatives and Senate. Funds available for workers compensation payments 1002. (a) In general Available balances of expired United States Capitol Police appropriations shall be available to the Capitol Police to make the deposit to the credit of the Employees' Compensation Fund required by section 8147(b) of title 5, United States Code. (b) Conforming amendment Section 1018 of the Legislative Branch Appropriations Act, 2003 ( 2 U.S.C. 1907 ) is amended by striking subsection (f). (c) Effective date This section shall apply with respect to appropriations for fiscal year 2014 and each fiscal year thereafter. OFFICE OF COMPLIANCE Salaries and Expenses For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1385 ), $3,617,348, of which $780,000 shall remain available until September 30, 2015: Provided , That not more than $500 may be expended on the certification of the Executive Director of the Office of Compliance in connection with official representation and reception expenses. Administrative Provisions 1101. (a) The second sentence of section 415(a) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1415(a) ) is amended to read as follows: There are appropriated for such account such sums as may be necessary to pay such awards and settlements. . (b) The amendment made by subsection (a) shall apply with respect to fiscal year 2014 and each succeeding fiscal year. 1102. semiannual report of disbursements (a) Reports required Not later than 60 days after the last day of each semiannual period of a fiscal year, the Executive Director of the Office of Compliance shall submit to the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, and the Committees on Appropriations of the House of Representatives and Senate, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of Compliance. (b) Contents The report required by subsection (a) shall include— (1) the identification of any employee or contractor who receives a payment from the Office of Compliance; (2) the quantity and price of any item furnished to the Office of Compliance; (3) a description of any service rendered to the Office of Compliance, together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service; (4) a statement of all amounts appropriated to, or received or expended by, the Office of Compliance and any unexpended balances of such amounts; and (5) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives, the Committee on Rules and Administration of the Senate, or the Committees on Appropriations of the House of Representatives or Senate. (c) Effective Date (1) In general This section shall apply with respect to the semiannual periods of October 1 through March 31 and April 1 through September 30 of each fiscal year, beginning with fiscal year 2013. (2) Special rule for reports for fiscal year 2013 The Executive Director of the Office of Compliance shall submit the reports required for the two semiannual periods of fiscal year 2013 not later than 120 days after the date of the enactment of this Act. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $41,496,677. Administrative Provision acceptance of voluntary student services 1201. (a) Section 3111(e) of title 5, United States Code, is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following new paragraph: (2) In this section, the term agency includes the Congressional Budget Office, except that in the case of the Congressional Budget Office— (A) any student who provides voluntary service in accordance with this section shall be considered an employee of the Congressional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relating to the level of confidentiality of budget data); and (B) the authority granted to the Office of Personnel Management under this section shall be exercised by the Director of the Congressional Budget Office. . (b) The amendment made by subsection (a) shall apply with respect to fiscal year 2014 and each succeeding fiscal year. ARCHITECT OF THE CAPITOL General Administration For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for surveys and studies in connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the general and administrative support of the operations under the Architect of the Capitol including the Botanic Garden; electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; including furnishings and office equipment; including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $85,286,000. Capitol Building For all necessary expenses for the maintenance, care and operation of the Capitol, $60,421,000, of which $20,702,000 shall remain available until September 30, 2018, and of which $15,940,000 shall remain available until expended solely for expenses related to rehabilitation of the U.S. Capitol Dome. Capitol Grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $13,037,000, of which $3,700,000 shall remain available until September 30, 2018. House Office Buildings For all necessary expenses for the maintenance, care and operation of the House office buildings, $71,622,000, of which $9,100,000 shall remain available until September 30, 2018. In addition, for a payment to the House Historic Buildings Revitalization Trust Fund, $70,000,000, shall remain available until expended. Capitol Power Plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Printing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $109,334,000, of which $37,200,000 shall remain available until September 30, 2018: Provided , That not more than $9,000,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 2014. Library Buildings and Grounds For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $47,861,000, of which $23,448,000 shall remain available until September 30, 2018. Capitol Police Buildings, Grounds, and Security For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computer Facility, and AOC security operations, $18,898,000, of which $1,000,000 shall remain available until September 30, 2018. Botanic Garden For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $11,372,000: Provided , That of the amount made available under this heading, the Architect of the Capitol may obligate and expend such sums as may be necessary for the maintenance, care and operation of the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 ( 2 U.S.C. 2146 ), upon vouchers approved by the Architect of the Capitol or a duly authorized designee. Capitol Visitor Center For all necessary expenses for the operation of the Capitol Visitor Center, $20,163,000. Administrative Provisions 1301. semiannual report of disbursements (a) Reports required Not later than 60 days after the last day of each semiannual period, the Architect of the Capitol shall submit to Congress, with respect to that period, a detailed, itemized report of the disbursements for the operations of the Office of the Architect of the Capitol. (b) Contents The report required by subsection (a) shall include— (1) the name of each person who receives a payment from the Office of the Architect of the Capitol; (2) the quantity and price of any item furnished to the Office of the Architect of the Capitol; (3) a description of any service rendered to the Office of the Architect of the Capitol, together with a statement of the time required for the service, and the name, title, and amount paid to each person who renders the service; (4) a statement of all amounts appropriated to, or received or expended by, the Office of the Architect of the Capitol and any unexpended balances of such amounts; (5) the information submitted to the Comptroller General under section 3523(b) of title 31, United States Code; and (6) such additional information as may be required by regulation of the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. (c) Printing Each report under this section shall be printed as a House document. (d) Effective Date This section shall apply with respect to the semiannual periods of January 1 through June 30 and July 1 through December 31 of each year, beginning with the semiannual period in which this section is enacted. 1302. Use of building (a) Use of building In exercising its authority under the item Architect of the Capitol, Capitol Buildings and Grounds, House Office Buildings in the Legislative Branch Appropriations Act, 1985 ( Public Law 98–367 ; 2 U.S.C. 2001 note), to use the building referred to in such item for the purposes of providing office and accommodations for the House of Representatives, the House Office Building Commission is authorized to enter into such agreements regarding the use of the building by the House or by other persons as the Commission considers appropriate. (b) Effective date This section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library's catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; activities under the Civil Rights History Project Act of 2009; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $398,642,813, of which not more than $6,000,000 shall be derived from collections credited to this appropriation during fiscal year 2014, and shall remain available until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150 ) and not more than $350,000 shall be derived from collections during fiscal year 2014 and shall remain available until expended for the development and maintenance of an international legal information database and activities related thereto: Provided , That the Library of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further , That the total amount available for obligation shall be reduced by the amount by which collections are less than $6,350,000: Provided further , That of the total amount appropriated, not more than $12,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Overseas Field Offices: Provided further , That of the total amount appropriated, $7,068,000 shall remain available until expended for the digital collections and educational curricula program. Copyright Office Salaries and Expenses For all necessary expenses of the Copyright Office, $50,172,412, of which not more than $28,029,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2014 under section 708(d) of title 17, United States Code: Provided , That the Copyright Office may not obligate or expend any funds derived from collections under such section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further , That not more than $5,590,000 shall be derived from collections during fiscal year 2014 under sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of such title: Provided further , That the total amount available for obligation shall be reduced by the amount by which collections are less than $33,619,000: Provided further , That not more than $100,000 of the amount appropriated is available for the maintenance of an International Copyright Institute in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided further , That not more than $4,250 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further , That notwithstanding any provision of chapter 8 of title 17, United States Code, any amounts made available under this heading which are attributable to royalty fees and payments received by the Copyright Office pursuant to sections 111, 119, and chapter 10 of such title may be used for the costs incurred in the administration of the Copyright Royalty Judges program, with the exception of the costs of salaries and benefits for the Copyright Royalty Judges and staff under section 802(e). Congressional Research Service Salaries and Expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 166 ) and to revise and extend the Annotated Constitution of the United States of America, $101,407,996: Provided , That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. Books for the Blind and Physically Handicapped Salaries and Expenses For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a ), $48,023,446: Provided , That of the total amount appropriated, $650,000 shall be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual. Administrative Provisions REIMBURSABLE AND REVOLVING FUND ACTIVITIES 1401. (a) In general For fiscal year 2014, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $178,958,000. (b) Activities The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch. AUTHORITY TO TRANSFER AMOUNTS BETWEEN CATEGORIES OF APPROPRIATIONS 1402. (a) In general During fiscal year 2014 and any succeeding fiscal year, the Librarian of Congress may transfer amounts appropriated for the fiscal year between the categories of appropriations provided under law for the Library of Congress for the fiscal year, upon the approval of the Committees on Appropriations of the House of Representatives and Senate. (b) Limitation Not more than 10 percent of the total amount of funds appropriated to the account under any category of appropriations for the Library of Congress for a fiscal year may be transferred from that account by all transfers made under subsection (a). GOVERNMENT PRINTING OFFICE Congressional Printing and Binding (including transfer of funds) For authorized printing and binding for the Congress and the distribution of Congressional information in any format; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law ( section 902 of title 44, United States Code); printing and binding of Government publications authorized by law to be distributed to Members of Congress; and printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $79,736,000: Provided , That this appropriation shall not be available for paper copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under section 906 of title 44, United States Code: Provided further , That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further , That notwithstanding the 2-year limitation under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, United States Code, may be expended to print a document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code: Provided further , That any unobligated or unexpended balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate: Provided further , That notwithstanding sections 901, 902, and 906 of title 44, United States Code, this appropriation may be used to prepare indexes to the Congressional Record on only a monthly and session basis. Office of Superintendent of Documents Salaries and Expenses (including transfer of funds) For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $31,437,000: Provided , That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for fiscal years 2012 and 2013 to depository and other designated libraries: Provided further , That any unobligated or unexpended balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Printing Office revolving fund for carrying out the purposes of this heading, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate. Government Printing Office Revolving Fund For payment to the Government Printing Office Revolving Fund, $3,966,847, to remain available until expended, for information technology development and facilities repair: Provided , That the Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Printing Office revolving fund: Provided further , That not more than $7,500 may be expended on the certification of the Public Printer in connection with official representation and reception expenses: Provided further , That the revolving fund shall be available for the hire or purchase of not more than 12 passenger motor vehicles: Provided further , That expenditures in connection with travel expenses of the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further , That the revolving fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title: Provided further , That activities financed through the revolving fund may provide information in any format: Provided further , That the revolving fund and the funds provided under the headings Office of Superintendent of Documents and Salaries and Expenses may not be used for contracted security services at GPO's passport facility in the District of Columbia. GOVERNMENT ACCOUNTABILITY OFFICE Salaries and Expenses For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(5) , (6), and (8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $486,226,129: Provided , That, in addition, $32,368,000 of payments received under sections 782, 3521, and 9105 of title 31, United States Code, shall be available without fiscal year limitation: Provided further , That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum's costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants: Provided further , That payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially financed. Administrative Provision 1501. use of electronic filing for procurement protest system Section 3555(c) of title 31, United States Code, is amended to read as follows: (c) Electronic Filing and Document Dissemination System (1) Establishment and operation of system The Comptroller General shall establish and operate an electronic filing and document dissemination system under which, in accordance with procedures prescribed by the Comptroller General— (A) a person filing a protest under this subchapter may file the protest through electronic means; and (B) all documents and information required with respect to the protest may be disseminated and made available to the parties to the protest through electronic means. (2) Imposition of fees (A) In general The Comptroller General may require each person who files a protest under this subchapter to pay a fee to support the establishment and operation of the electronic system under this subsection, without regard to whether or not the person uses the system with respect to the protest. (B) Amount The Comptroller General shall establish (and from time to time shall update) a schedule setting forth the amount of the fee to be paid under subparagraph (A). (3) Treatment of amounts collected (A) Establishment of account The Comptroller General shall maintain a separate account among the accounts of the Government Accountability Office for the electronic system under this subsection, and shall deposit all amounts received as fees under paragraph (2) into the account. (B) Use of amounts Amounts in the account maintained under this paragraph shall be available to the Comptroller General, without fiscal year limitation, solely to establish and operate the electronic system under this subsection. . Open World Leadership Center Trust Fund For a payment to the Open World Leadership Center Trust Fund for financing activities of the Open World Leadership Center under section 313 of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 1151 ), $1,000,000. II GENERAL PROVISIONS MAINTENANCE AND CARE OF PRIVATE VEHICLES 201. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. FISCAL YEAR LIMITATION 202. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2014 unless expressly so provided in this Act. RATES OF COMPENSATION AND DESIGNATION 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided , That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto. CONSULTING SERVICES 204. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law. COSTS OF LBFMC 205. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000. LANDSCAPE MAINTENANCE 206. The Architect of the Capitol, in consultation with the District of Columbia, is authorized to maintain and improve the landscape features, excluding streets, in the irregular shaped grassy areas bounded by Washington Avenue, SW on the northeast, Second Street, SW, on the west, Square 582 on the south, and the beginning of the I–395 tunnel on the southeast. LIMITATION ON TRANSFERS 207. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. GUIDED TOURS OF THE CAPITOL 208. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate. (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol. DELIVERY OF BILLS AND RESOLUTIONS 209. None of the funds made available in this Act may be used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) unless the Member requests a copy. DELIVERY OF CONGRESSIONAL RECORD 210. None of the funds made available by this Act may be used to deliver a printed copy of any version of the Congressional Record to the office of a Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress). LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES 211. None of the funds made available in this Act may be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members' Representational Allowance for the leasing of a vehicle, excluding mobile district offices, in an aggregate amount that exceeds $1,000 for the vehicle in any month. LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE 212. None of the funds made available by this Act may be used to provide an aggregate number of more than 50 printed copies of any edition of the United States Code to all offices of the House of Representatives. AUTHORIZING COMMERCIAL ACTIVITY ON UNION SQUARE 213. (a) Treatment as part of Capitol Grounds (1) In general For purposes of chapter 51 of title 40, United States Code, the United States Capitol Grounds shall include Union Square. (2) Union Square defined In this section, the term Union Square means the area for which jurisdiction and control was transferred to the Architect of the Capitol under section 1202 of the Legislative Branch Appropriations Act, 2012 ( Public Law 112–74 ). (b) Continuation of types of activity previously authorized (1) In general Notwithstanding any limitations on the use of the United States Capitol Grounds (including section 5104(c) of title 40, United States Code), the Chief of the United States Capitol Police (hereafter referred to as the Chief )— (A) may issue a permit authorizing a person to engage in commercial activity in Union Square if the activity is similar to the types of commercial activity permitted in Union Square prior to the transfer of jurisdiction and control of Union Square to the Architect of the Capitol under section 1202 of the Legislative Branch Appropriations Act, 2012 ( Public Law 112–74 ); and (B) under the terms and conditions of such a permit, may require the person to whom the permit is issued to pay a fee to cover any costs incurred by the Architect of the Capitol as a result of the issuance of the permit, if the fees are similar to the fees collected by the Director of the National Park Service for commercial activity permitted in Union Square prior to such transfer of jurisdiction and control. (2) Regulations The Chief shall carry out this section in accordance with such regulations as the Capitol Police Board may promulgate pursuant to the Board’s authority under section 14 of the Act of July 31, 1946 ( 2 U.S.C. 1969 ), except that the Board shall promulgate the regulations in consultation with the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (c) Capitol Trust Account (1) Establishment There is established in the Treasury of the United States an account for the Architect of the Capitol to be known as the Capitol Trust Account , consisting of all fees collected by the Chief under subsection (b)(2). (2) Transfer Immediately upon receiving any fees collected under subsection (b)(2), the Chief shall transfer the fees to the Capitol Trust Account. (3) Use of funds Amounts in the Capitol Trust Account shall be available without fiscal year limitation for such maintenance, improvements, and projects with respect to Union Square as the Architect of the Capitol considers appropriate, subject to the approval of the Committees on Appropriations of the House of Representatives and Senate. (d) Effective date This section shall take effect on the date of the enactment of the Legislative Branch Appropriations Act, 2012 ( Public Law 112–74 ). 214. It is the sense of the Congress that Congress should not pass any legislation that authorizes spending cuts that would increase poverty in the United States. SPENDING REDUCTION ACCOUNT 215. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974, excluding Senate items, exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Legislative Branch Appropriations Act, 2014 . July 23, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

https://www.govinfo.gov/content/pkg/BILLS-113hr2792rh/xml/BILLS-113hr2792rh.xml

113-hr-2793

I 113th CONGRESS 1st Session H. R. 2793 IN THE HOUSE OF REPRESENTATIVES Mr. Issa introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to permit the Government of the District of Columbia to determine the fiscal year for the Government of the District of Columbia, to amend such Act to make local funds of the District of Columbia available for use by the District at the beginning of the District’s fiscal year at the rate of operations provided under the local budget act for the fiscal year if neither the regular District of Columbia appropriation bill nor a District of Columbia continuing resolution for the year does not become law prior to the beginning of such fiscal year, and for other purposes. 1. Short title This Act may be cited as the District of Columbia Financial Efficiency Act of 2013 . I Fiscal and Budget Efficiency 101. Fiscal year for District of Columbia Section 441(b) of the District of Columbia Home Rule Act (sec. 1–204.41, D.C. Official Code) is amended to read as follows: (b) Authorization To establish fiscal year by Act of Council The District may change the fiscal year of the District by an Act of the Council. If a change occurs, such fiscal year shall also constitute the budget and accounting year. . 102. Availability of District of Columbia local funds upon failure by Congress to enact local budget (a) In General Subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after section 446B the following new section: 446C. Availability of Local Funds Upon Failure by Congress to Enact Budget (a) Availability of Local Funds at Rate Established by Local Law if no Budget Enacted Prior to Beginning of District of Columbia Fiscal Year (1) In general If, as of the first day of a fiscal year of the District of Columbia (as established under section 441), neither the regular District of Columbia appropriation bill for the fiscal year nor a District of Columbia continuing resolution for the fiscal year is in effect, there is appropriated, out of any moneys of the government of the District of Columbia not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, the amount provided for any project or activity for which funds are provided in the local budget act for such fiscal year. (2) Rate of funding An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be at the rate of operations provided for such project or activity under the local budget act for such fiscal year. (3) Termination of period of availability An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cease to be available— (A) during any period of the fiscal year in which a District of Columbia continuing resolution for the fiscal year is in effect; or (B) upon the enactment into law of the regular District of Columbia appropriation bill for such fiscal year. (b) Terms and Conditions An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made and funds made available for the preceding fiscal year, or the authority granted for such project or activity under the applicable law in effect at the time. (c) Period of Coverage An appropriation and funds made available or authority granted for a project or activity for a fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. (d) Restrictions on Programs or Activities Subject to Other Appropriations Acts This section shall not apply to a project or activity during any period of a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (e) Protection of Other Obligations Nothing in this section shall be construed to effect obligations of the government of the District of Columbia mandated by other law. (f) Definitions In this section— (1) the term District of Columbia continuing resolution means, with respect to a fiscal year, any joint resolution making continuing appropriations for the fiscal year which includes continuing appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District; (2) the term local budget act means, with respect to a fiscal year, the act of the Council adopting the annual budget for the District of Columbia government for such fiscal year, as submitted by the Mayor to the President for transmission to Congress pursuant to section 446; and (3) the term regular District of Columbia appropriation bill means, with respect to a fiscal year, an annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for the fiscal year for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. (g) Effective date This section shall apply with respect to fiscal year 2015 and each succeeding fiscal year. . (b) Conforming Amendment Section 446 of such Act (sec. 1–204.46, D.C. Official Code) is amended by inserting section 446C, after section 446B, . (c) Clerical Amendment The table of contents of subpart 1 of part D of title IV of the District of Columbia Home Rule Act is amended by inserting after the item relating to section 446B the following: 446C. Availability of local funds upon failure by Congress to enact budget. . II Compensation of Chief Financial Officer 201. Increase in maximum compensation (a) Maximum Compensation Section 424(b)(2)(E) of the District of Columbia Home Rule Act (sec. 1–204.24(b)(2)(E), D.C. Official Code) is amended to read as follows: (E) Pay The Chief Financial Officer shall be paid at a rate such that the total amount of compensation paid during any calendar year does not exceed an amount equal to the limit on total pay which is applicable during the year under section 5307 of title 5, United States Code, to an employee described in section 5307(d) of such title. . (b) Effective Date The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2793ih/xml/BILLS-113hr2793ih.xml

113-hr-2794

I 113th CONGRESS 1st Session H. R. 2794 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Bilirakis (for himself and Mr. Young of Florida ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the issuance of a forever stamp to honor the sacrifices of the brave men and women of the Armed Forces who are still prisoner, missing, or unaccounted for, and for other purposes. 1. Short title This Act may be cited as the Perpetual POW/MIA Stamp Act . 2. Findings The Congress finds that— (1) the Department of Defense reports that more than 83,000 servicemembers remain missing since World War II; (2) the United States Government has an obligation to achieve the fullest possible accounting for the Americans who have gone missing while serving the country and to leave no one unaccounted for in future conflicts; (3) in 1982, the POW/MIA flag became the first flag other than the Flag of the United States to fly over the White House in Washington, DC; (4) on August 10, 1990, Public Law 101–355 designated the POW/MIA flag as The Symbol of our Nation’s concern and commitment to resolving as fully as possible the fates of Americans still prisoner, missing, and unaccounted for in Southeast Asia. ; and (5) the POW/MIA flag should maintain continued visibility as a constant reminder of the plight of America’s Prisoners of War and Missing in Action. 3. Perpetual POW/MIA stamp (a) In General In order to continue to honor the sacrifices of the brave men and women of the Armed Forces who have been prisoner, missing, or unaccounted for, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose and depicts the National League of Families POW/MIA flag. (b) Definition For purposes of this Act, the term forever stamp means a definitive stamp which meets the postage required for first-class mail up to one ounce in weight, and which retains full validity for that purpose even if the rate of that postage is later increased. (c) Effective Date The stamp described in subsection (a) shall be issued beginning as soon as practicable after the date of the enactment of this Act and shall not thereafter be discontinued.

https://www.govinfo.gov/content/pkg/BILLS-113hr2794ih/xml/BILLS-113hr2794ih.xml

113-hr-2795

I 113th CONGRESS 1st Session H. R. 2795 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Collins of Georgia introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To prohibit the Secretary of the Army from imposing excessive fees for the use of Army-controlled real property at water resources development projects with respect to concessionaires operating facilities making restaurant, gasoline, or marine engine sales at marinas, and for other purposes. 1. Short title This Act may be cited as the Marina Operator Tax Obligation Relief Act of 2013 or the MOTOR Act of 2013 . 2. Leases for facilities making restaurant, gasoline, and marine engine sales at marinas (a) In general Beginning 1 year after the date of enactment of this Act, the Secretary of the Army may not impose a fee under a lease entered into with a concessionaire for the use of Army-controlled real property (and the facilities thereon) at a water resources development project if— (1) the lease is for the operation of a facility making restaurant, gasoline, or marine engine sales in connection with a marina; and (2) the amount of the fee exceeds 1 percent of the gross revenues of the facility. (b) Modification of existing leases The Secretary shall modify leases entered into before the date of enactment of this Act as necessary to comply with the requirements of subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr2795ih/xml/BILLS-113hr2795ih.xml

113-hr-2796

I 113th CONGRESS 1st Session H. R. 2796 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Hastings of Florida (for himself, Mr. Grimm , Ms. Bordallo , Mr. Moran , Mr. Grijalva , Mr. Schrader , Ms. Wilson of Florida , and Mr. Farr ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To expand the workforce of veterinarians specialized in the care and conservation of wild animals and their ecosystems, and to develop educational programs focused on wildlife and zoological veterinary medicine. 1. Short title; table of contents (a) Short title This Act may be referred to as the Wildlife Veterinarians Employment and Training Act or the Wildlife VET Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. Sec. 5. Implementing authority and cooperation between departments and agencies. Title I—Wildlife and zoological veterinary medicine workforce expansion Sec. 101. Grants to create positions for wildlife and zoological veterinarians. Sec. 102. Loan repayment program for veterinary students and veterinarians specializing in wildlife and zoological populations. Sec. 103. Scholarship program for veterinary students specializing in wildlife and zoological populations. Title II—Wildlife and zoological veterinary medicine educational development Sec. 201. Grants to accredited schools and colleges of veterinary medicine for curricula in wildlife and zoological veterinary medicine. Sec. 202. Grants to develop training programs in wildlife and zoological veterinary medicine. 2. Findings Congress makes the following findings: (1) Fish and wildlife are important natural resources of the United States. They belong to all citizens, and are managed in perpetuity by State and Federal conservation agencies, often with significant assistance from universities, zoos, aquariums, and nonprofit and non-governmental organizations. (2) Wildlife and zoological veterinarians are the primary source of essential health care for wild animals in their natural habitat and in captivity in facilities such as zoos, wildlife refuges, breeding reserves, and aquariums. (3) Wildlife and zoological veterinarians have the resources and expertise necessary to help respond to environmental disasters and address short-term and long-term impacts on wildlife and their habitats. Wildlife and zoological veterinarians have proven to be essential to the rescue and rehabilitation efforts in the Gulf of Mexico region following the Deepwater Horizon oil spill that began on April 20, 2010. (4) According to the Department of the Interior, wildlife disease expertise and resources are critical to protecting both human and animal life. (5) Wildlife veterinarians have been actively involved in preventing, detecting, and responding to such important exotic, dangerous, and zoonotic diseases as anthrax, avian influenza, brucellosis, tuberculosis, West Nile virus, SARS, chronic wasting disease, and foot and mouth disease. (6) Globalization, climate change, and wildlife habitat loss and alteration, along with a growing interface among humans, livestock, and wildlife have increased the threat posed by emerging infectious diseases to humans, domestic animals, and wildlife. (7) According to the February 2009 report by the Government Accountability Office entitled Veterinarian Workforce: Actions Are Needed to Ensure Sufficient Capacity for Protecting Public and Animal Health , the Nation is facing a growing shortage of veterinarians, and the Federal Government may not have the necessary veterinarian workforce to control pandemic and large-scale outbreaks of disease. (8) There is a shortage of positions for wildlife and zoological veterinarians at the State, Federal, nonprofit, and university levels due to inadequate funding. According to the American Veterinary Medical Association ( AVMA ), less than one percent of AVMA members identify themselves as wildlife or zoological veterinarians. (9) According to the AVMA, a growing number of students enter veterinary schools with an interest in wildlife or zoological veterinary medicine, but choose different fields of study and practice due to the small number of positions available for wildlife and zoological veterinarians upon graduation. (10) Veterinary students face large educational debt upon graduation. According to the AVMA, graduating student loan debt averaged $151,672 in 2012, a 6.4 percent increase from 2011. (11) According to the American Association of Wildlife Veterinarians ( AAWV ) and National Association of Federal Veterinarians ( NAFV ), salaries for wildlife and zoological veterinarians are relatively low compared to the average salaries of veterinarians in companion animal medicine. Lower salaries, combined with high educational debt and the small number of positions available in wildlife and zoological veterinary medicine, discourage students from pursuing careers in wildlife or zoological veterinary medicine. (12) According to the AAWV and NAFV, most schools and colleges of veterinary medicine lack both a comprehensive curriculum and sufficient numbers of formal educational programs specializing in wildlife or zoological veterinary medicine to adequately prepare graduates for a competitive workplace. (13) According to the AVMA, while some training opportunities exist for aspiring wildlife and zoological veterinarians, such opportunities are not available each year, pay low salaries or stipends, if any, and are highly competitive. 3. Purposes The purposes of this Act are— (1) to create new funded positions for wildlife and zoological veterinarians; (2) to limit the amount of educational debt for veterinary medicine students while providing incentives to study and practice wildlife or zoological veterinary medicine; (3) to help schools and colleges of veterinary medicine develop or improve pilot curricula specializing in wildlife and zoological veterinary medicine; and (4) to expand the number of training programs in wildlife or zoological veterinary medicine for veterinary students. 4. Definitions For purposes of this Act, the following definitions apply: (1) Accredited school or college of veterinary medicine The term accredited school or college of veterinary medicine means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that provides an educational program for which the institution awards a doctoral degree in veterinary medicine. (2) Doctoral degree in veterinary medicine The term doctoral degree in veterinary medicine means a doctor of veterinary medicine or veterinary medical doctor from an accredited school or college of veterinary medicine. (3) Graduate degree in veterinary medicine The term graduate degree in veterinary medicine means a master’s degree or Ph.D. in veterinary medicine or wildlife health management from an accredited school or college of veterinary medicine or a public or nonprofit department or school described in paragraph (8)(E). (4) Secretary The term Secretary means the Secretary of the Interior. (5) State or Territory The term State or Territory means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, and each federally recognized Indian tribe. (6) Veterinary medicine The term veterinary medicine means all branches of, and specialties included within, the practice of veterinary medicine, including— (A) the diagnosis, treatment, correction, change, alleviation, prevention, management of, or research on animal disease, illness, pain, deformity, defect, injury, or other physical, dental, or mental conditions; and (B) the management of ecosystems on which wildlife and zoological populations depend. (7) Wildlife The term wildlife means any member of the animal kingdom and includes mammals, fish, birds, amphibians, reptiles, mollusks, or arthropods. Such term does not include plant or plant matter or any other member of another kingdom. (8) Wildlife or veterinary institution The term wildlife or veterinary institution means— (A) any agency or department of a State or Territory or of the Federal Government that employs wildlife or zoological veterinarians, including a wildlife conservation or natural resource management agency; (B) a nonprofit wildlife conservation organization; (C) an accredited zoo or aquarium receiving peer-reviewed accreditation from a commissioned organization that heeds rigorous publicly-available standards, utilizes notable experts in the field to conduct comprehensive inspection and review, and provides opportunity for public input; (D) an accredited school or college of veterinary medicine; (E) a public or nonprofit department of comparative medicine, department of veterinary science, department of the environment and natural resources, school of public health, or school of medicine that is accredited by a nationally recognized accrediting agency or association recognized by the Secretary of Education; (F) a State or Territory, national, allied, or regional veterinary organization or specialty board recognized by the American Veterinary Medical Association; or (G) a university research foundation or veterinary medical foundation. (9) Wildlife or zoological veterinarian The term wildlife or zoological veterinarian means an individual who has received a doctoral degree in veterinary medicine from an accredited school or college of veterinary medicine and practices veterinary medicine as applied to wildlife populations— (A) in their natural habitat; or (B) in captivity in conservation centers including zoos, aquariums, wildlife refuges, and breeding reserves. 5. Implementing authority and cooperation between departments and agencies The Secretary of the Interior shall carry out this Act. In carrying out this Act, the Secretary shall cooperate with the heads of such other departments and agencies of the Federal Government as the Secretary determines necessary. I Wildlife and zoological veterinary medicine workforce expansion 101. Grants to create positions for wildlife and zoological veterinarians (a) In general To create additional clinical and research positions for wildlife and zoological veterinarians, the Secretary may award grants to wildlife or veterinary institutions that submit to the Secretary a proposal designed to create such positions. A proposal— (1) shall be submitted at such time, and in such form and manner, as the Secretary may require; and (2) shall contain such information as the Secretary may require, including a description of— (A) each such position; (B) the need of the wildlife or veterinary institution for each such position; (C) how each such position will advance the conservation and management of wildlife or zoological populations; and (D) how the wildlife or veterinary institution will use funds awarded under a grant. (b) Award The Secretary shall establish procedures to ensure that, under this section, proposals are rigorously reviewed and grants are competitively awarded based on such considerations as the Secretary may determine necessary. Such considerations shall include— (1) the ability of a wildlife or veterinary institution to describe and justify the need for each position in its proposal under subsection (a)(2); and (2) the ability of the wildlife or veterinary institution to create such positions. (c) Preference In awarding a grant under this section, the Secretary shall give preference to wildlife or veterinary institutions that will create positions in areas of need, including— (1) wildlife disease research; (2) disease surveillance; (3) wildlife disease training; (4) ecology and wildlife population management; and (5) conservation and management of the health of endangered, threatened, and sensitive species. (d) Amount of grant The amount of a grant made to a wildlife or veterinary institution under this section shall be determined by the Secretary, taking into account such factors as the Secretary may consider appropriate, including— (1) the contents of the proposal submitted by the wildlife or veterinary institution under subsection (a); and (2) the number of grants available to all wildlife or veterinary institutions. (e) Use of funds Amounts received under a grant under this section shall only be used by a wildlife or veterinary institution for purposes determined by the Secretary to be appropriate to create and support positions created under the proposal submitted by the wildlife or veterinary institution under subsection (a), including the payment of— (1) salaries for such positions; and (2) costs associated with the acquisition of material and equipment necessary for the creation of the additional positions. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated under this subsection are authorized to remain available until expended. 102. Loan repayment program for veterinary students and veterinarians specializing in wildlife and zoological populations (a) In general To expand the workforce of wildlife and zoological veterinarians, the Secretary shall establish a program, to be known as the Wildlife and Zoological Veterinary Workforce Loan Repayment Program to enter into agreements with eligible individuals to make payments on their behalf for repayment of their educational loans. (b) Eligible individual For purposes of this section, an individual shall be treated as an eligible individual if the individual— (1) is a United States citizen, national, or lawful permanent resident; (2) either— (A) has received, not before the date that is 10 years prior to the date on which the individual submits an application under paragraph (3)— (i) a doctoral degree in veterinary medicine; or (ii) a graduate degree in veterinary medicine, providing that the individual received such degree after receiving a doctoral degree in veterinary medicine; that has been approved by the Secretary for purposes of this section; or (B) is enrolled in a full-time or part-time program that— (i) leads to— (I) a doctoral degree in veterinary medicine; or (II) a graduate degree in veterinary medicine, providing that the individual has received a doctoral degree in veterinary medicine; and (ii) has been approved by the Secretary for purposes of this section; and (3) has prepared and submitted to the Secretary an application at such time and in such form and manner as is specified by the Secretary. (c) Agreement (1) In general No payment shall be made on behalf of an eligible individual under the Wildlife and Zoological Veterinary Workforce Loan Repayment Program unless the eligible individual has entered into an agreement with the Secretary under this subsection. (2) Contents An agreement under this subsection shall contain— (A) an agreement by the Secretary to make payments under subsection (e); and (B) an agreement by the eligible individual— (i) to serve for a period of no fewer than 4 consecutive years at a wildlife or veterinary institution as— (I) a full-time wildlife or zoological veterinarian; or (II) with the approval of the Secretary, a part-time wildlife or zoological veterinarian, if no full-time positions are available; and (ii) to complete the service in clause (i) not later than 10 years after the later of the date on which the eligible individual— (I) receives a doctoral or graduate degree in veterinary medicine under subsection (b)(2); and (II) enters into the agreement under subsection (a). (d) Preference In making payments under this section, the Secretary shall give preference to an eligible individual who— (1) holds or is pursuing a doctoral or graduate degree in veterinary medicine with a specialty in wildlife or zoological veterinary medicine; or (2) is currently practicing wildlife or zoological veterinary medicine. (e) Payments (1) In general Payments on behalf of an eligible individual under this section shall include payment of the principal and interest on the government loans of the eligible individual, to the extent that the loans cover such expenses as are determined by the Secretary to be associated with obtaining a doctoral or graduate degree in veterinary medicine under subsection (b)(2), including— (A) tuition expenses; (B) reasonable living expenses; and (C) all other reasonable educational expenses incurred by the grantee, including fees, laboratory expenses, and expenses for books and equipment. (2) Amount (A) In general Subject to the limitations in subparagraph (B), the Secretary shall develop regulations to determine the amounts of payments for each eligible individual under this section, considering factors including— (i) the degree held or pursued by the eligible individual; (ii) the training programs in which the eligible individual has participated; (iii) the total loan balance paid by the eligible individual; (iv) the extent to which such determination affects the ability of the Secretary to maximize the number of agreements that can be provided under this section from the amounts appropriated for such agreements; and (v) the extent to which such determination provides an incentive to serve as a wildlife or zoological veterinarian. (B) Limitations Payments on behalf of an eligible individual under this section shall not exceed, for each year of service under subsection (c)(2)(B)(i)— (i) $35,000 in aggregate; or (ii) if the total loans of the eligible individual are less than $140,000, an amount that does not exceed an amount that is two-thirds of the eligible loan balance. (3) Payment schedule The Secretary may enter into an agreement with the holder of any loan for which payments are made to establish a schedule for making payments under this subsection. (f) Breach of agreement (1) In general Subject to paragraphs (2) and (3), in the case of any agreement entered into under subsection (a), an eligible individual shall be liable to the Federal Government for an amount, as determined by the Secretary, not to exceed the total amount of any payments made by the Secretary on behalf of the eligible individual under this section, and for interest on such amount at the maximum legal prevailing rate, as determined by the Treasurer of the United States, if the eligible individual fails to meet a term of the agreement in subsection (c)(2)(B). (2) Death Any obligation of an eligible individual under the Wildlife and Zoological Veterinary Workforce Loan Repayment Program for service or payment of damages shall be cancelled upon the death of the eligible individual. (3) Waiver or suspension of liability The Secretary shall provide for the partial or total waiver or suspension of liability under paragraph (1), or of an obligation under subsection (c)(2), if— (A) the eligible individual is called to active duty in the Armed Forces of the United States; (B) compliance by the eligible individual with the agreement is impossible or would cause extreme hardship to the eligible individual; or (C) enforcement of the agreement with respect to the eligible individual would be unconscionable. (4) Date certain for recovery Any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than 3 years after the date on which the United States becomes so entitled. (5) Availability Amounts recovered under paragraph (1) shall be available to the Secretary for making payments under this section and shall remain available for such purpose until expended. (6) Regulations Prior to implementation of the Wildlife and Zoological Veterinary Workforce Loan Repayment Program, the Secretary shall establish, by regulation, procedures for determining the amount of the repayment required under paragraph (1). (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated under this subsection are authorized to remain available until expended. 103. Scholarship program for veterinary students specializing in wildlife and zoological populations (a) In general To expand the workforce of wildlife and zoological veterinarians, the Secretary shall establish and carry out a program, to be known as the Wildlife and Zoological Veterinary Workforce Scholarship Program , under which the Secretary shall enter into agreements with eligible students to award such eligible students scholarships for serving as wildlife or zoological veterinarians at wildlife or veterinary institutions upon graduation from an accredited school or college of veterinary medicine. (b) Eligible student For purposes of this section, an individual shall be treated as an eligible student if the individual— (1) is a United States citizen, national, or a lawful permanent resident; (2) is enrolled full-time, or has been accepted for full-time enrollment, at an accredited school or college of veterinary medicine; (3) enrolls or plans to enroll, at the accredited school or college of veterinary medicine in paragraph (2), in a course of study or program that specializes or offers courses in wildlife and zoological veterinary medicine, or any other course of study or program that has been approved by the Secretary for the purposes of this section; and (4) has submitted to the Secretary an application, and a written contract under subsection (d), at such time and in such form and manner as is specified by the Secretary. (c) Award (1) In general No scholarship shall be awarded to an eligible student under the Wildlife and Zoological Veterinary Workforce Scholarship Program until the Secretary has accepted the application and written contract submitted by the eligible student under subsection (b)(4). (2) Notice The Secretary shall provide prompt written notice to an individual upon the acceptance by the Secretary, under paragraph (1), of a written contract. (d) Written contract A written contract between the Secretary and an eligible student under this subsection shall contain— (1) an agreement by the Secretary to provide the eligible student with a scholarship for each year of the course of study or program described in subsection (b)(3), for a period of no more than 4 years; (2) an agreement by the eligible student to— (A) accept the scholarship; (B) maintain enrollment in the approved course of study or program described in subsection (b)(3) until the individual completes the course of study or program; (C) maintain, over the course of the course of study or program described in subsection (b)(3), such level of academic standing as is determined by the accredited school or college of veterinary medicine, under regulations prescribed by the Secretary, to be acceptable; (D) commence service at a wildlife or veterinary institution no later than 4 years after the date the eligible student graduates from the accredited school or college of veterinary medicine; and (E) serve at the wildlife or veterinary institution in subparagraph (D) for a period of no fewer than 4 consecutive years as— (i) a full-time wildlife or zoological veterinarian; or (ii) with the approval of the Secretary, a part-time wildlife or zoological veterinarian, if no full-time positions are available; (3) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for scholarships under this section; (4) a statement of the damages to which the United States shall be entitled, under subsection (i), for a breach of contract; and (5) such other statements of the rights and liabilities of the Secretary and of the individual as are not inconsistent with the provisions of this title. (e) Amount of scholarship With respect to an eligible student: (1) In general Subject to the limitation in paragraph (2), in determining the amount of a scholarship, the Secretary shall consider factors including— (A) the degree that the eligible student is pursuing or plans to pursue; (B) educational costs; (C) the financial need of the eligible student; (D) the extent to which such determination affects the ability of the Secretary to maximize the number of scholarships that can be provided under this section from the amounts appropriated for such scholarships; and (E) the extent to which such determination provides an incentive to serve as a wildlife or zoological veterinarian. (2) Limitation The amount of a scholarship shall not exceed $35,000 for any school year. (f) Use of funds Amounts received under a scholarship under this section shall be used to cover such expenses, with respect to an eligible student, as are determined by the Secretary to be appropriate, including— (1) tuition expenses; (2) reasonable living expenses; and (3) all other reasonable educational expenses incurred by the eligible student, including fees, laboratory expenses, and expenses for books and equipment. (g) Payments to educational institution Under the Wildlife and Zoological Veterinary Workforce Scholarship Program, the Secretary may contract with the accredited school or college of veterinary medicine in which an eligible student is enrolled or has been accepted for enrollment to make payments for tuition, reasonable living expenses, and other reasonable educational expenses under subsection (f). (h) Breach of contract (1) Liability Subject to paragraphs (2) and (3), an eligible student who has entered into a written contract with the Secretary under this section shall be liable to the United States for the following amounts: (A) Failure to complete course of study or program The eligible student shall be liable for the total amount that has been paid to the eligible student under this section, and for interest on such amount at the maximum legal prevailing rate, as determined by the Treasurer of the United States, if, under the course of study or program under subsection (b)(2), the eligible student— (i) fails to maintain an acceptable level of academic standing under subsection (d)(2)(C); (ii) is dismissed from the accredited school or college of veterinary medicine for disciplinary reasons; or (iii) voluntarily ceases to participate in the course of study or program before completion of the course of study or program. (B) Failure to complete service obligation The eligible student shall be liable for an amount, as determined by the Secretary, not to exceed the total amount that has been awarded to the eligible student under this section, and for interest on such amount at the maximum legal prevailing rate, as determined by the Treasurer of the United States, if the eligible student fails to begin or complete the service obligation under subsection (d)(2)(D). (2) Death Any obligation of an eligible student under the Wildlife and Zoological Veterinary Workforce Scholarship Program for service or payment of damages shall be cancelled upon the death of the eligible student. (3) Waiver or suspension of liability The Secretary shall provide for the partial or total waiver or suspension of liability under paragraph (1), or of an obligation under subsection (d)(2), if— (A) the eligible student is called to active duty in the Armed Forces of the United States; (B) compliance by the eligible student with the written contract is impossible or would cause extreme hardship to the eligible student; or (C) enforcement of the written contract with respect to the eligible student would be unconscionable. (4) Date certain for recovery Any amount that the Federal Government is entitled to recover under paragraph (1) shall be paid to the United States not later than 3 years after the date the United States becomes so entitled. (5) Availability Amounts recovered under paragraph (1) shall be available to the Secretary for making loan repayments under this section and shall remain available for such purpose until expended. (6) Regulations Prior to implementation of the Wildlife and Zoological Veterinary Workforce Scholarship Program, the Secretary shall establish, by regulation, procedures for determining the amount of the repayment required under paragraph (1). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated under this subsection are authorized to remain available until expended. II Wildlife and zoological veterinary medicine educational development 201. Grants to accredited schools and colleges of veterinary medicine for curricula in wildlife and zoological veterinary medicine (a) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a pilot program to award grants to accredited schools and colleges of veterinary medicine to develop or improve new or existing curricula that specialize in wildlife or zoological veterinary medicine, to be available to veterinary students in the final years of a program for which the accredited schools or colleges of veterinary medicine award a doctoral degree in veterinary medicine. (b) Eligibility To be eligible for a grant under this section, an accredited school or college of veterinary medicine shall submit to the Secretary a proposal— (1) at such time and in such form and manner as the Secretary may require; and (2) containing such information as the Secretary may require, including a description of— (A) the proposed curriculum in wildlife or zoological veterinary medicine under subsection (a); and (B) how the accredited school or college of veterinary medicine will use funds provided under the grant. (c) Award The Secretary shall establish procedures to ensure that proposals are rigorously reviewed and that grants are competitively awarded. (d) Amount The Secretary shall determine the amount of a grant awarded to an accredited school or college of veterinary medicine under this section, taking into account such factors as the Secretary considers appropriate, including— (1) the contents of the proposal submitted by the eligible accredited school or college of veterinary medicine under subsection (b); and (2) the number of grants available to all accredited schools or colleges of veterinary medicine. (e) Use of grant funds Amounts received under a grant under this section shall be used to pay expenses related to the curriculum described in subsection (b)(2)(A) that are determined by the Secretary to be appropriate, including the expense of— (1) developing the curriculum; (2) paying for the costs associated with the development of the curriculum, including faculty salaries and the costs of acquisition of material and equipment; and (3) providing the curriculum. (f) Reports (1) Grantees At the end of each calendar year, each school that has received a grant under this section for such year shall submit to the Secretary a report, in such form and manner and containing such information as the Secretary may require, on the effectiveness of the curriculum developed by the school. (2) Secretary Not later than 6 months after completion of the pilot program established under subsection (a), the Secretary shall evaluate the curriculum developed by each school that has received a grant under this section and submit to Congress a report on the pilot program— (A) in such form and manner as Congress may require; and (B) containing such information as Congress may require, including— (i) the names of the accredited schools and colleges of veterinary medicine that received a grant under this section; (ii) the number of students enrolled in each curriculum developed with grant funds; (iii) a description of each curriculum developed with grant funds; (iv) an assessment of the effectiveness of the pilot program; and (v) the recommendations of the Secretary regarding the extension or expansion of the pilot program. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated under this subsection are authorized to remain available until expended. 202. Grants to develop training programs in wildlife and zoological veterinary medicine (a) In general The Secretary shall award competitive grants to eligible wildlife or veterinary institutions to establish or expand, for traineeship candidates, training programs that will enhance the ability of a trainee to practice as a wildlife or zoological veterinarian, as determined by the Secretary of the Interior. Such training programs may include externship, internship, fellowship, or residency programs. (b) Eligible wildlife or veterinary institution To be eligible for a grant under this section, a wildlife or veterinary institution shall submit to the Secretary a proposal designed to create or expand one or more training programs for traineeship candidates. The proposal— (1) shall be submitted at such time and in such form and manner as the Secretary may require; and (2) shall contain such information as the Secretary may require, including a description of— (A) each training program to be created or expanded; (B) the skills to be imparted by each training program; (C) how the wildlife or veterinary institution will use the funds provided under a grant; and (D) how each training program will help a trainee advance conservation and management goals for wildlife or zoological animal populations. (c) Consideration of proposals (1) Preference In awarding a grant under this section, the Secretary shall give preference to an eligible wildlife or veterinary institution offering a training program— (A) at rotating sites, particularly in the case of a residency program; and (B) under which trainees conduct research and teach veterinary students. (2) Procedures The Secretary shall establish procedures to ensure that proposals are rigorously reviewed and that grants are competitively awarded. (d) Traineeship candidate For purposes of this section, an individual shall be treated as a traineeship candidate if the individual— (1) is a citizen of the United States, a national, or a lawful permanent resident; (2) expresses a profound interest in wildlife or zoological veterinary medicine and a commitment to becoming a wildlife or zoological veterinarian; and (3) has submitted to a wildlife or veterinary institution offering a training program under subsection (a) an application for the training program containing such information as may be required by the wildlife or veterinary institution. (e) Financial assistance under training program Under a training program, a trainee shall, for the duration of the training program, be provided with— (1) a stipend, in an amount based on criteria to be determined by the wildlife or veterinary institution, including— (A) the type and length of the training program; (B) the responsibilities assigned to the trainee as part of the training program; (C) the academic level or degree held by the trainee; and (D) the relevant experience of the trainee; and (2) such other financial assistance as the wildlife or veterinary institution determines necessary and is approved by the Secretary. (f) Approval of placement under training program (1) In general No traineeship candidate shall be placed in a training program without the approval of the Secretary. (2) Notice A traineeship candidate shall be informed of placement in a training program upon approval by the Secretary. (g) Amount of grant The Secretary shall determine the amount of a grant awarded under this section for a training program, taking into account such factors as the Secretary considers appropriate, including— (1) the type of training that the wildlife or veterinary institution desires to create or expand; (2) the contents of the proposal submitted by the wildlife or veterinary institution under subsection (b); and (3) the number of grants available to all wildlife or veterinary institutions. (h) Use of grant funds Under this section, amounts received under a grant shall be applied to such costs as the Secretary considers appropriate for the planning, development, and operation of the training program, including the costs associated with— (1) the development of the curriculum to be used in the program; (2) practicum experiences; (3) the acquisition of new equipment; and (4) the stipend and other financial assistance provided to the trainee under subsection (e). (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2013 through 2017. Amounts appropriated under this subsection are authorized to remain available until expended.

https://www.govinfo.gov/content/pkg/BILLS-113hr2796ih/xml/BILLS-113hr2796ih.xml

113-hr-2797

I 113th CONGRESS 1st Session H. R. 2797 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Israel (for himself, Mr. Murphy of Pennsylvania , Ms. Shea-Porter , Mr. Loebsack , Mr. Bishop of New York , Ms. Clarke , Mrs. McCarthy of New York , and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 amend the Internal Revenue Code of 1986 to allow taxpayers to designate overpayments of tax as contributions and to make additional contributions to the Homeless Veterans Assistance Fund, and for other purposes. 1. Short title This Act may be cited as the Homeless Veterans Assistance Fund Act of 2013 . 2. Contributions to the Homeless Veterans Assistance Fund (a) In general Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Contributions to the Homeless Veterans Assistance Fund Sec. 6098. Contributions to the Homeless Veterans Assistance Fund. 6098. Contributions to the Homeless Veterans Assistance Fund (a) In general Every individual, with respect to the taxpayer’s return for the taxable year of the tax imposed by chapter 1— (1) may designate that a specified portion (not less than $1) of any overpayment of tax shall be paid over to the Homeless Veterans Assistance Fund in accordance with the provisions of section 9512, and (2) in addition to any payment (if any) under paragraph (1), may make a contribution to the United States of an additional amount which shall be paid over to such Fund. (b) Manner and time of designation and contribution A designation and contribution under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation and contribution shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature. (c) Overpayments treated as refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. . (b) Homeless Veterans Assistance Fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Homeless Veterans Assistance Fund (a) Creation of Trust Fund There is established in the Treasury of the United States a trust fund to be known as the Homeless Veterans Assistance Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to Trust Fund There are hereby appropriated to the Homeless Veterans Assistance Fund amounts equivalent to the amounts designated and contributed under section 6098. (c) Expenditures (1) In general Subject to paragraphs (2) and (3), amounts in the Homeless Veterans Assistance Fund shall be available (and shall remain available until expended) to the Department of Veterans Affairs, in consultation with the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development, for the purpose of providing services to homeless veterans, through— (A) the development and implementation of new and innovative strategies to prevent and end veteran homelessness, and (B) any homeless veteran program administered by the Department of Veterans Affairs, the Department of Labor Veterans' Employment and Training Service, and the Department of Housing and Urban Development. (2) Additional allocations The Secretary of Veterans Affairs is authorized to make transfers from the amounts described in paragraph (1) to the Department of Labor Veterans' Employment and Training Service and the Department of Housing and Urban Development for the purpose of supporting programs that serve homeless veterans. (3) Advance notice The Secretary of Veterans Affairs, in collaboration with the Secretary of Labor and Secretary of Housing and Urban Development, shall submit a detailed expenditure plan for any amounts in the Homeless Veterans Assistance Fund to the Committees on Veterans' Affairs and Committees on Appropriations of the House of Representatives and of the Senate not later than 60 days prior to any expenditure of such amounts. (d) President's annual budget information Beginning with the President's annual budget submission for fiscal year 2014 and every year thereafter, the Department of Veterans Affairs, the Department of Labor, and the Department of Housing and Urban Development shall include a description of the use of funds from the Homeless Veterans Assistance Fund from the previous fiscal year and the proposed use of such funds for the next fiscal year. . (c) Clerical Amendments (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX—Contributions to the Homeless Veterans Assistance Fund . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Homeless Veterans Assistance Fund. . (d) Effective Date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2797ih/xml/BILLS-113hr2797ih.xml

113-hr-2798

I 113th CONGRESS 1st Session H. R. 2798 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Latta (for himself, Mr. Thompson of Mississippi , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend Public Law 106–206 to direct the Secretary of the Interior and the Secretary of Agriculture to require annual permits and assess annual fees for commercial filming activities on Federal land for film crews of 5 persons or fewer. 1. Purpose The purpose of this title is to provide commercial film crews of 5 persons or fewer access to film in areas designated for public use during public hours on Federal lands and waterways. 2. Annual Permit and Fee for Film Crews of 5 persons or fewer (a) In General Section (1)(a) of Public Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by— (1) redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) striking The Secretary of the Interior and inserting (1) In General .—Except as provided by paragraph (3), the Secretary of the Interior ; (3) inserting (2) Other considerations .— before The Secretary may include other factors ; and (4) adding at the end the following new paragraph: (3) Special rules for film crews of 5 persons or fewer (A) For any film crew of 5 persons or fewer, the Secretary shall require a permit and assess an annual fee of $200 for commercial filming activities or similar projects on Federal lands and waterways administered by the Secretary. The permit shall be valid for commercial filming activities or similar projects that occur in areas designated for public use during public hours on all Federal lands waterways administered by the Secretary for a 12-month period beginning on the date of issuance of the permit. (B) For persons holding a permit described in this paragraph, the Secretary shall not assess, during the effective period of the permit, any additional fee for commercial filming activities and similar projects that occur in areas designated for public use during public hours on Federal lands and waterways administered by the Secretary. (C) In this paragraph, the term film crew includes all persons present on Federal land under the Secretary’s jurisdiction who are associated with the production of a certain film. (D) The Secretary shall not prohibit, as a motorized vehicle or under any other purposes, use of cameras or related equipment used for the purpose of commercial filming activities or similar projects in accordance with this paragraph on Federal lands and waterways administered by the Secretary. . (b) Recovery of Costs Section (1)(b) of Public Law 106–206 ( 16 U.S.C. 460l–6d ) is amended by— (1) striking collect any costs and inserting recover any costs ; and (2) striking similar project and inserting similar projects .

https://www.govinfo.gov/content/pkg/BILLS-113hr2798ih/xml/BILLS-113hr2798ih.xml

113-hr-2799

I 113th CONGRESS 1st Session H. R. 2799 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Latta (for himself, Mr. Thompson of Mississippi , Mr. Wittman , and Mr. Walz ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Wildlife and Hunting Heritage Conservation Council Advisory Committee to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, recreational shooting, and for other purposes. 1. Short title This Act may be cited as the Sportsmen’s Heritage And Recreational Enhancement (SHARE) Act . 2. Wildlife and Hunting Heritage Conservation Council Advisory Committee The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: 10. Wildlife and Hunting Heritage Conservation Council Advisory Committee (a) Establishment There is hereby established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (in this section referred to as the Advisory Committee ) to advise the Secretaries of the Interior and Agriculture on wildlife and habitat conservation, hunting, and recreational shooting. (b) Duties of the advisory committee The Advisory Committee shall advise the Secretaries with regard to— (1) implementation of Executive Order No. 13443: Facilitation of Hunting Heritage and Wildlife Conservation, which directs Federal agencies to facilitate the expansion and enhancement of hunting opportunities and the management of game species and their habitat ; (2) policies or programs to conserve and restore wetlands, agricultural lands, grasslands, forest, and rangeland habitats; (3) policies or programs to promote opportunities and access to hunting and shooting sports on Federal lands; (4) policies or programs to recruit and retain new hunters and shooters; (5) policies or programs that increase public awareness of the importance of wildlife conservation and the social and economic benefits of recreational hunting and shooting; and (6) policies or programs that encourage coordination among the public, the hunting and shooting sports community, wildlife conservation groups, and States, tribes, and the Federal Government. (c) Membership (1) Appointment (A) In general The Advisory Committee shall consist of no more than 16 discretionary members and 7 ex officio members. (B) Ex officio members The ex officio members are— (i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director; (ii) the Director of the Bureau of Land Management or a designated representative of the Director; (iii) the Director of the National Park Service or a designated representative of the Director; (iv) the Chief of the Forest Service or a designated representative of the Chief; (v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief; (vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and (vii) the Executive Director of the Association of Fish and Wildlife Agencies. (C) Discretionary members The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following: (i) State fish and wildlife agencies. (ii) Game bird hunting organizations. (iii) Wildlife conservation organizations. (iv) Big game hunting organizations. (v) The tourism, outfitter, or guiding industry. (vi) The firearms or ammunition manufacturing industry. (vii) The hunting or shooting equipment retail industry. (viii) Tribal resource management organizations. (ix) The agriculture industry. (x) The ranching industry. (D) Eligibility Prior to the appointment of the discretionary members, the Secretaries shall determine that all individuals nominated for appointment to the Advisory Committee, and the organization each individual represents, actively support and promote sustainable-use hunting, wildlife conservation, and recreational shooting. (2) Terms (A) In general Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms. (B) Terms of initial appointees As designated by the Secretary at the time of appointment, of the members first appointed— (i) 6 members shall be appointed for a term of 4 years; (ii) 5 members shall be appointed for a term of 3 years; and (iii) 5 members shall be appointed for a term of 2 years. (3) Preservation of public advisory status No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government. (4) Vacancy and removal (A) In general Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made. (B) Removal Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause. (5) Continuation of service Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed. (6) Chairperson The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms. (7) Pay and expenses Members of the Advisory Committee shall serve without pay for such service, but each member of the Advisory Committee shall be reimbursed for travel and lodging incurred through attending meetings of the Advisory Committee approved subgroup meetings in the same amounts and under the same conditions as Federal employees (in accordance with section 5703 of title 5, United States Code). (8) Meetings (A) In general The Advisory Committee shall meet at the call of the Secretaries, the chairperson, or a majority of the members, but not less frequently than twice annually. (B) Open meetings Each meeting of the Advisory Committee shall be open to the public. (C) Prior notice of meetings Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation. (D) Subgroups The Advisory Committee may establish such workgroups or subgroups as it deems necessary for the purpose of compiling information or conducting research. However, such workgroups may not conduct business without the direction of the Advisory Committee and must report in full to the Advisory Committee. (9) Quorum Nine members of the Advisory Committee shall constitute a quorum. (d) Expenses The expenses of the Advisory Committee that the Secretaries determine to be reasonable and appropriate shall be paid by the Secretaries. (e) Administrative support, technical services, and advice A designated Federal Officer shall be jointly appointed by the Secretaries to provide to the Advisory Committee the administrative support, technical services, and advice that the Secretaries determine to be reasonable and appropriate. (f) Annual report (1) Required Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate. If circumstances arise in which the Advisory Committee cannot meet the September 30 deadline in any year, the Secretaries shall advise the Chairpersons of each such Committee of the reasons for such delay and the date on which the submission of the report is anticipated. (2) Contents The report required by paragraph (1) shall describe— (A) the activities of the Advisory Committee during the preceding year; (B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and (C) an accounting of actions taken by the Secretaries as a result of the recommendations. (g) Federal advisory committee act The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.). (h) Abolishment of the existing wildlife and hunting heritage conservation council advisory committee Effective on the date of the enactment of this Act, the Wildlife and Hunting Heritage Conservation Council formed in furtherance of section 441 of the Revised Statutes ( 43 U.S.C. 1457 ), the Fish and Wildlife Act of 1956 ( 16 U.S.C. 742a ), and other Acts applicable to specific bureaus of the Department of the Interior is hereby abolished. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2799ih/xml/BILLS-113hr2799ih.xml

113-hr-2800

I 113th CONGRESS 1st Session H. R. 2800 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Ms. Matsui (for herself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To improve passenger vessel security and safety, and for other purposes. 1. Short title; references (a) Short title This Act may be cited as the Cruise Passenger Protection Act . (b) References to title 46, United States Code Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 46, United States Code. 2. Cruise vessel subchapter Chapter 35 is amended: (1) by inserting before section 3501 the following: I General provisions ; (2) by inserting before section 3507 the following: II Cruise vessels ; and (3) by redesignating sections 3507 and 3508 as sections 3523 and 3524, respectively. 3. Application Chapter 35, as amended by section 2 of this Act, is further amended by inserting before section 3523 the following: 3521. Application (a) In general This subchapter applies to a passenger vessel (as defined in section 2101(22)) that— (1) is authorized to carry at least 250 passengers; (2) has on board sleeping facilities for each passenger; (3) is on a voyage that embarks or disembarks passengers in the United States; and (4) is not engaged on a coastwise voyage. (b) Federal and State vessels This subchapter does not apply to a vessel of the United States operated by the Federal Government or a vessel owned and operated by a State. . 4. Definitions Chapter 35, as amended by section 3 of this Act, is further amended by inserting after section 3521 the following: 3522. Definitions In this subchapter: (1) Commandant The term Commandant means the Commandant of the Coast Guard. (2) Owner The term owner means the owner, charterer, managing operator, master, or other individual in charge of a vessel. (3) Secretary Except as otherwise expressly provided, the term Secretary means the Secretary of the department in which the Coast Guard is operating. . 5. Bill of rights Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act , the Secretary of Transportation shall determine whether any of the enumerated rights in the international cruise line passenger bill of rights, that was adopted by the members of the Cruise Lines International Association, are enforceable under Federal law. 6. Crime reporting and public notice (a) Availability of log book and entries to FBI and other investigators Section 3523(g)(1), as redesignated under section 2 of this Act, is amended— (1) in subparagraph (A), by striking in a centralized location readily accessible to law enforcement personnel, ; and (2) in subparagraph (B), by striking make such log book available and inserting make the log book and all entries therein available, whether the log book and entries are maintained on board the vessel or at a centralized location off the vessel, . (b) Deadline To notify Federal Bureau of Investigation regarding certain incidents Section 3523(g)(3)(A)(i), as redesignated under section 2 of this Act, is amended— (1) by striking shall contact and inserting subject to subparagraph (C), shall contact ; and (2) by striking after the occurrence on board the vessel of an incident involving and inserting , but not later than 4 hours, after an employee of the vessel is notified of an incident on board the vessel allegedly involving . (c) Reports before departure Section 3523(g)(3), as redesignated under section 2 of this Act, is amended by adding at the end the following: (C) Reports before departure If an employee of a vessel to which this subchapter applies is notified of an incident under subparagraph (A)(i) while the vessel is within the admiralty and maritime jurisdiction of the United States and en route to a United States port or at a United States port, the owner of the vessel (or the owner's designee) shall contact the nearest Federal Bureau of Investigation Field Office or Legal Attache not later than the time specified under subparagraph (A)(i) or before the vessel departs port, whichever is earlier. . (d) Reports to United States consulates Section 3523(g)(3), as redesignated under section 2 of this Act and as amended by subsection (c) of this section, is further amended by adding at the end the following: (D) Reports to United States consulates If an incident under subparagraph (A)(i) allegedly involves an offense by or against a United States national, in addition to contacting the nearest Federal Bureau of Investigation Field Office or Legal Attache under that subparagraph, the owner of a vessel to which this subchapter applies (or the owner's designee) shall contact the United States consulate at the next port of call not later than the time specified under subparagraph (A)(i). . (e) Reports to Secretary of Transportation; incidents and details Section 3523(g)(3)(A), as redesignated under section 2 of this Act, is amended— (1) in clause (ii), by striking the incident to an Internet based portal maintained by the Secretary and inserting each incident under clause (i), including the details under paragraph (2), to the Internet based portal maintained by the Secretary of Transportation under section 3525(a) ; and (2) in clause (iii), by striking by the Secretary and inserting by the Secretary of Transportation under section 3525(a) . (f) Availability of security guide via Internet Section 3523(c)(1), as redesignated under section 2 of this Act, is amended— (1) in subparagraph (A)— (A) by striking a guide (referred to in this subsection as the security guide and inserting a security guide ; and (B) by striking English, which and inserting English, that ; and (2) in subparagraph (C), by striking on the website of the vessel owner and inserting via a prominently accessible link on each Internet website that the cruise line maintains for passengers to purchase or book cruises on any vessel that the cruise line owns or operates, and to which this subchapter applies . 7. Crime prevention, documentation, and response requirements (a) Maintenance and placement of video surveillance equipment Section 3523(b)(1), as redesignated under section 2 of this Act, is amended— (1) by inserting (A) In General.— before The owner and resetting the text accordingly; (2) by striking , as determined by the Secretary ; and (3) by adding at the end, the following: (B) Placement of video surveillance equipment With regard to the placement of video surveillance equipment on a vessel under subparagraph (A), the owner shall— (i) place video surveillance equipment in each passenger common area where a person has no reasonable expectation of privacy; (ii) place video surveillance equipment in other areas where a person has no reasonable expectation of privacy; and (iii) place video surveillance equipment in each area identified under clauses (i) and (ii) in a manner that provides optimum surveillance of that area. . (b) Access to video records Section 3523(b), as redesignated under section 2 of this Act, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) in paragraph (3), as redesignated— (A) by inserting (A) Law enforcement.— before The owner and resetting the text accordingly; and (B) by adding at the end, the following: (B) Civil actions The owner of a vessel to which this subchapter applies shall provide to any individual or the individual's legal representative, upon written request, a copy of all records of video surveillance— (i) in which the individual is a subject of the video surveillance; and (ii) that may provide evidence in a civil action. (C) Limited access Except as provided under subparagraphs (A) and (B), the owner of a vessel to which this subchapter applies shall ensure that access to records of video surveillance is limited to the purposes under this section. . (c) Notice of video surveillance Section 3523(b), as amended by subsection (b) of this section, is further amended by inserting before paragraph (3), the following: (2) Notice of video surveillance The owner of a vessel to which this subchapter applies shall provide clear and conspicuous signs on board the vessel notifying the public of the presence of video surveillance equipment. . (d) Retention requirements Section 3523(b), as amended by subsection (b) of this section, is further amended by adding at the end, the following: (4) Retention requirements (A) In general The owner of a vessel to which this subchapter applies shall retain all records of video surveillance for a voyage for not less than 30 days after the completion of the voyage. If an incident described in subsection (g)(3)(A)(i) is alleged and reported to law enforcement, all records of video surveillance from the voyage that the Federal Bureau of Investigation determines are relevant shall— (i) be provided to the Federal Bureau of Investigation; and (ii) be preserved by the vessel owner for not less than 5 years from the date of the alleged incident. (B) Interim standards Not later than 180 days after the date of enactment of the Cruise Passenger Protection Act , the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate interim standards for the retention of records of video surveillance. (C) Final standards Not later than 1 year after the date of enactment of the Cruise Passenger Protection Act , the Commandant, in consultation with the Federal Bureau of Investigation, shall promulgate final standards for the retention of records of video surveillance. (D) Considerations In promulgating standards under subparagraphs (B) and (C), the Commandant shall— (i) consider factors that would aid in the investigation of serious crimes, including crimes that go unreported until after the completion of a voyage; (ii) consider the different types of video surveillance systems and storage requirements in creating standards both for vessels currently in operation and for vessels newly built; (iii) consider privacy, including standards for permissible access to and monitoring and use of the records of video surveillance; and (iv) consider technological advancements, including requirements to update technology. . (e) Authority To provide assistance to victims of crimes on board passenger vessels Chapter 35 is further amended by adding at the end the following: 3525. Assistance to victims of crimes on board certain passenger vessels (a) Availability of incident data via Internet (1) In general The Secretary of Transportation shall maintain a statistical compilation of all incidents described in section 3523(g)(3)(A) on an Internet website that provides a numerical accounting of the missing persons and alleged crimes duly recorded in each report filed under paragraph (3) of that section. Each such incident shall be included in the statistical compilation irrespective of its investigative status. The data shall be updated not less frequently than quarterly, be aggregated by the cruise line, identify each cruise line by name, identify each crime and alleged crime as to whether it was committed or allegedly committed by a passenger or crew member, identify each crime and alleged crime as to whether it was committed or allegedly committed against a minor, and identify the number of alleged individuals overboard. The Secretary of Transportation shall ensure that the compilation, data, and any other information provided on the Internet website is in a user-friendly format. (2) Access to website Each owner of a passenger vessel shall include a prominently accessible link to the Internet website maintained by the Secretary of Transportation under paragraph (1) on each Internet website that the owner maintains for prospective passengers to purchase or book passage on the passenger vessel. (b) Regulations The Secretary of Transportation shall issue such regulations as are necessary to implement this section. . (f) Study Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in coordination with the Secretary of the department in which the Coast Guard is operating, Attorney General, and heads of other relevant Federal agencies, shall conduct a study to determine the feasibility of having an individual on board each passenger vessel to provide victim support services and related safety and security services, and shall report the findings to Congress. The study shall include consideration of the cost, the benefit to passengers, jurisdiction, and logistics. (g) Criminal activity prevention and response guide Section 3523(c)(1), as amended by section 6(f) of this Act, is further amended by amending subparagraph (B) to read as follows: (B) provide a copy of the security guide to— (i) the Secretary of Transportation for review; (ii) the Federal Bureau of Investigation for comment; and (iii) a passenger immediately after the vessel is notified that the passenger is an alleged victim of an incident described under subsection (g)(3)(A)(i); and . (h) Maintenance of supplies To prevent sexually transmitted diseases Section 3523(d)(1), as redesignated by section 2 of this Act, is amended by inserting (taking into consideration the length of the voyage and the number of passengers and crewmembers that the vessel can accommodate) after a sexual assault . (i) Crime scene preservation training; certification of organizations by MARAD Section 3524(a), as redesignated by section 2 of this Act, is amended by striking may certify and inserting shall certify . (j) Crew access to passenger staterooms; procedures and restrictions Section 3523(f), as redesignated by section 2 of this Act, is amended— (1) in paragraph (1)— (A) by striking and at the end subparagraph (A); and (B) by adding at the end the following: (C) a system that electronically records the date, time, and identity of each crew member accessing each passenger stateroom; and ; and (2) in paragraph (2), by striking are fully and properly implemented and periodically reviewed. and inserting are fully and properly implemented, reviewed annually, and updated as necessary. . 8. Passenger vessel security and safety requirements (a) Vessel design, equipment, construction, and retrofitting requirements Section 3523(a), as redesignated by section 2 of this Act, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking to which this subsection applies and inserting to which this subchapter applies ; (B) in subparagraph (A)— (i) by striking The vessel and inserting Each exterior deck of a vessel ; and (ii) by striking the period at the end and inserting unless the height requirement would interfere with the deployment of a lifesaving device or other emergency equipment as identified by the Commandant. ; and (C) in subparagraph (B), by striking entry doors that include peep holes or other means of visual identification. and inserting an entry door that includes a peep hole or other means of visual identification that provides an unobstructed view of the area outside the stateroom or crew cabin. For purposes of this subparagraph, the addition of an optional privacy cover on the interior side of the entry shall not in and of itself constitute an obstruction. ; and (2) by adding at the end the following: (4) Waivers; record of waivers The Secretary— (A) may waive a requirement under paragraph (1) as the Secretary determines necessary; (B) shall maintain a record of each waiver under subparagraph (A); and (C) shall include in such record the justification for each waiver under subparagraph (A). . (b) Definition of exterior deck Section 3523(l), as redesignated by section 2 of this Act, is amended to read as follows— (l) Definition of exterior deck In this section, the term exterior deck means any exterior weather deck on which a passenger may be present, including passenger stateroom balconies, exterior promenades on passenger decks, muster stations, and similar exterior weather deck areas. . 9. Enforcement (a) Information sharing (1) In general To the extent not prohibited by other law, the head of a designated agency shall make available to another head of a designated agency any information necessary to carry out the provisions of subchapter II of chapter 35 of title 46, United States Code. The provision by the head of a designated agency of any information under this subsection to another head of a designated agency shall not constitute a waiver, or otherwise effect, any privilege any agency or person may claim with respect to that information under Federal or State law. (2) Definition of head of a designated agency In this subsection, the term head of a designated agency means the Secretary of Transportation, Secretary of Homeland Security, or Attorney General. (b) Passenger vessel security and safety requirements; denial of entry Section 3523(h), as redesignated by section 2 of this Act, is amended— (1) by striking paragraph (2); (2) by striking Enforcement .— in the heading and inserting Penalties .— ; (3) by striking (1) Penalties .— through (A) Civil penalty .— and inserting (1) Civil penalty .— ; and (4) by redesignating subparagraph (B) as paragraph (2). (c) Denial of entry Section 3524(f), as redesignated by section 2 of this Act, is repealed. (d) Enforcement Chapter 35, as amended by section 7 of this Act, is further amended by adding at the end the following: 3526. Refusal of clearance; denial of entry (a) Clearance The Secretary of Homeland Security may withhold or revoke the clearance required under section 60105 of any vessel of the owner of a vessel to which this subchapter applies, wherever the vessel is found, if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. (b) Denial of entry The Secretary of the department in which the Coast Guard is operating may deny entry into the United States to a vessel to which this subchapter applies if the owner of the vessel— (1) commits an act or omission for which a penalty may be imposed under this subchapter; or (2) fails to pay a penalty imposed on the owner under this subchapter. . 10. Technical and conforming amendments (a) Application (1) Section 3523, as redesignated by section 2 of this Act, is amended— (A) by striking subsection (k); and (B) by redesignating subsection (l), as amended by section 8 of this Act, as subsection (k). (2) Section 3523, as redesignated by section 2 of this Act, is amended by striking to which this section applies each place it appears and inserting to which this subchapter applies . (3) Section 3524, as redesignated by section 2 of this Act, is amended by striking to which this section applies each place it appears and inserting to which this subchapter applies . (b) Availability of incident data via Internet Section 3523(g)(4), as redesignated under section 2 of this Act, is repealed. (c) Elapsed effective dates Section 3523(a), as amended by section 8 of this Act, is further amended— (1) by striking paragraph (3); and (2) by redesignating paragraph (4) as paragraph (3). (d) Procedures Section 3523(i), as redesignated by section 2 of this Act, is amended by striking Within 6 months after the date of enactment of the Cruise Vessel Security and Safety Act of 2010, the and inserting The . (e) Table of contents The table of contents for chapter 35 is amended— (1) by inserting before the item relating to section 3501 the following: Subchapter I. General provisions ; (2) by striking the item relating to section 3507 and inserting the following: 3523. Passenger vessel security and safety requirements. ; (3) by striking the item relating to section 3508 and inserting the following: 3524. Crime scene preservation training for passenger vessel crewmembers. ; (4) by inserting after the item relating to section 3506 the following: Subchapter II. Cruise vessels ; (5) by inserting before the item relating to section 3523, the following: 3521. Application. 3522. Definitions. ; and (6) by adding at the end the following: 3525. Assistance to victims of crimes on board certain passenger vessels. 3526. Refusal of clearance; denial of entry. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2800ih/xml/BILLS-113hr2800ih.xml

113-hr-2801

I 113th CONGRESS 1st Session H. R. 2801 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mrs. Noem (for herself, Mr. Peterson , Mr. Cramer , and Mr. Daines ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act with respect to physician supervision of therapeutic hospital outpatient services. 1. Short title This Act may be cited as the Protecting Access to Rural Therapy Services (PARTS) Act . 2. Requirements for physician supervision of therapeutic hospital outpatient services (a) Therapeutic hospital outpatient services (1) Supervision requirements Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: (z) Physician supervision requirements for therapeutic hospital outpatient services (1) General supervision for therapeutic services Except as may be provided under paragraph (2), insofar as the Secretary requires the supervision by a physician or a non-physician practitioner for payment for therapeutic hospital outpatient services (as defined in paragraph (5)(A)) furnished under this part, such requirement shall be met if such services are furnished under the general supervision (as defined in paragraph (5)(B)) of the physician or non-physician practitioner, as the case may be. (2) Exceptions process for high-risk or complex medical services requiring a direct level of supervision (A) In general Subject to the succeeding provisions of this paragraph, the Secretary shall establish a process for the designation of therapeutic hospital outpatient services furnished under this part that, by reason of complexity or high risk, require— (i) direct supervision (as defined in paragraph (5)(C)) for the entire service; or (ii) direct supervision during the initiation of the service followed by general supervision for the remainder of the service. (B) Consultation with clinical experts (i) In general Under the process established under subparagraph (A), before the designation of any therapeutic hospital outpatient service for which direct supervision may be required under this part, the Secretary shall consult with a panel of outside experts described in clause (ii) to advise the Secretary with respect to each such designation. (ii) Advisory panel on supervision of therapeutic hospital outpatient services For purposes of clause (i), a panel of outside experts described in this clause is a panel appointed by the Secretary, based on nominations submitted by hospital, rural health, and medical organizations representing physicians, non-physician practitioners, and hospital administrators, as the case may be, that meets the following requirements: (I) Composition The panel shall be composed of at least 15 physicians and non-physician practitioners who furnish therapeutic hospital outpatient services for which payment is made under this part and who collectively represent the medical specialties that furnish such services, and of 4 hospital administrators of hospitals located in rural areas (as defined in section 1886(d)(2)(D)) or critical access hospitals. (II) Practical experience required for physicians and non-physician practitioners During the 12-month period preceding appointment to the panel by the Secretary, each physician or non-physician practitioner described in subclause (I) shall have furnished therapeutic hospital outpatient services for which payment was made under this part. (III) Minimum rural representation requirement for physicians and non-physician practitioners Not less than 50 percent of the membership of the panel that is comprised of physicians and non-physician practitioners shall be physicians or non-physician practitioners described in subclause (I) who practice in rural areas (as defined in section 1886(d)(2)(D)) or who furnish such services in critical access hospitals. (iii) Application of FACA The Federal Advisory Committee Act (5 U.S.C. 2 App.), other than section 14 of such Act, shall apply to the panel of outside experts appointed by the Secretary under clause (ii). (C) Special rule for outpatient critical access hospital services Insofar as a therapeutic outpatient hospital service that is an outpatient critical access hospital service is designated as requiring direct supervision under the process established under subparagraph (A), the Secretary shall deem the critical access hospital furnishing that service as having met the requirement for direct supervision for that service if, when furnishing such service, the critical access hospital meets the standard for personnel required as a condition of participation under section 485.618(d) of title 42, Code of Federal Regulations (as in effect on the date of the enactment of this subsection). (D) Consideration of compliance burdens Under the process established under subparagraph (A), the Secretary shall take into account the impact on hospitals and critical access hospitals in complying with requirements for direct supervision in the furnishing of therapeutic hospital outpatient services, including hospital resources, availability of hospital-privileged physicians, specialty physicians, and non-physician practitioners, and administrative burdens. (E) Requirement for notice and comment rulemaking Under the process established under subparagraph (A), the Secretary shall only designate therapeutic hospital outpatient services requiring direct supervision under this part through proposed and final rulemaking that provides for public notice and opportunity for comment. (F) Rule of construction Nothing in this subsection shall be construed as authorizing the Secretary to apply or require any level of supervision other than general or direct supervision with respect to the furnishing of therapeutic hospital outpatient services. (3) Initial list of designated services The Secretary shall include in the proposed and final regulation for payment for hospital outpatient services for 2015 under this part a list of initial therapeutic hospital outpatient services, if any, designated under the process established under paragraph (2)(A) as requiring direct supervision under this part. (4) Direct supervision by non-physician practitioners for certain hospital outpatient services permitted (A) In general Subject to the succeeding provisions of this subsection, a non-physician practitioner may directly supervise the furnishing of— (i) therapeutic hospital outpatient services under this part, including cardiac rehabilitation services (under section 1861(eee)(1)), intensive cardiac rehabilitation services (under section 1861(eee)(4)), and pulmonary rehabilitation services (under section 1861(fff)(1)); and (ii) those hospital outpatient diagnostic services (described in section 1861(s)(2)(C)) that require direct supervision under the fee schedule established under section 1848. (B) Requirements Subparagraph (A) shall apply insofar as the non-physician practitioner involved meets the following requirements: (i) Scope of practice The non-physician practitioner is acting within the scope of practice under State law applicable to the practitioner. (ii) Additional requirements The non-physician practitioner meets such requirements as the Secretary may specify. (5) Definitions In this subsection: (A) Therapeutic hospital outpatient services The term therapeutic hospital outpatient services means hospital services described in section 1861(s)(2)(B) furnished by a hospital or critical access hospital and includes— (i) cardiac rehabilitation services and intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of section 1861(eee)); and (ii) pulmonary rehabilitation services (as defined in section 1861(fff)(1)). (B) General supervision (i) Overall direction and control of physician Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term general supervision means such services that are furnished under the overall direction and control of a physician or non-physician practitioner, as the case may be. (ii) Presence not required For purposes of clause (i), the presence of a physician or non-physician practitioner is not required during the performance of the procedure involved. (C) Direct supervision (i) Provision of assistance and direction Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term direct supervision means that a physician or non-physician practitioner, as the case may be, is immediately available (including by telephone or other means) to furnish assistance and direction throughout the furnishing of such services. Such term includes, with respect to the furnishing of a therapeutic hospital outpatient service for which payment may be made under this part, direct supervision during the initiation of the service followed by general supervision for the remainder of the service (as described in paragraph (2)(A)(ii)). (ii) Presence in room not required For purposes of clause (i), a physician or non-physician practitioner, as the case may be, is not required to be present in the room during the performance of the procedure involved or within any other physical boundary as long as the physician or non-physician practitioner, as the case may be, is immediately available. (D) Non-physician practitioner defined The term non-physician practitioner means an individual who— (i) is a physician assistant, a nurse practitioner, a clinical nurse specialist, a clinical social worker, a clinical psychologist, a certified nurse midwife, or a certified registered nurse anesthetist, and includes such other practitioners as the Secretary may specify; and (ii) with respect to the furnishing of therapeutic outpatient hospital services, meets the requirements of paragraph (4)(B). . (2) Conforming amendment Section 1861(eee)(2)(B) of the Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by inserting , and a non-physician practitioner (as defined in section 1833(z)(5)(D)) may supervise the furnishing of such items and services in the hospital after in the case of items and services furnished under such a program in a hospital, such availability shall be presumed . (b) Prohibition on retroactive enforcement of revised interpretation (1) Repeal of regulatory clarification The restatement and clarification under the final rulemaking changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates (published in the Federal Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to requirements for direct supervision by physicians for therapeutic hospital outpatient services (as defined in paragraph (3)) for purposes of payment for such services under the Medicare program shall have no force or effect in law. (2) Hold harmless A hospital or critical access hospital that furnishes therapeutic hospital outpatient services during the period beginning on January 1, 2001, and ending on the later of December 31, 2014, or the date on which the final regulation promulgated by the Secretary of Health and Human Services to carry out this Act takes effect, for which a claim for payment is made under part B of title XVIII of the Social Security Act shall not be subject to any civil or criminal action or penalty under Federal law for failure to meet supervision requirements under the regulation described in paragraph (1), under program manuals, or otherwise. (3) Therapeutic hospital outpatient services defined In this subsection, the term therapeutic hospital outpatient services means medical and other health services furnished by a hospital or critical access hospital that are— (A) hospital services described in subsection (s)(2)(B) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x ); (B) cardiac rehabilitation services or intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of subsection (eee) of such section); or (C) pulmonary rehabilitation services (as defined in subsection (fff)(1) of such section).

https://www.govinfo.gov/content/pkg/BILLS-113hr2801ih/xml/BILLS-113hr2801ih.xml

113-hr-2802

I 113th CONGRESS 1st Session H. R. 2802 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Rokita (for himself, Mr. Carson of Indiana , Mr. Stutzman , Mr. Young of Indiana , Mr. Messer , Mr. Bucshon , Mrs. Walorski , and Mrs. Brooks of Indiana ) 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 418 Liberty Street in Covington, Indiana, as the Fountain County Veterans Memorial Post Office . 1. Fountain County Veterans Memorial Post Office (a) Designation The facility of the United States Postal Service located at 418 Liberty Street in Covington, Indiana, shall be known and designated as the Fountain County Veterans Memorial Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Fountain County Veterans Memorial Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr2802ih/xml/BILLS-113hr2802ih.xml

113-hr-2803

I 113th CONGRESS 1st Session H. R. 2803 IN THE HOUSE OF REPRESENTATIVES July 23, 2013 Mr. Tonko introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish a research, development, and technology demonstration program to improve the efficiency of gas turbines used in combined cycle and simple cycle power generation systems. 1. High efficiency gas turbines (a) In general The Secretary of Energy, through the Office of Fossil Energy, shall carry out a multiyear, multiphase program of research, development, and technology demonstration to improve the efficiency of gas turbines used in power generation systems and to identify the technologies that ultimately will lead to gas turbine combined cycle efficiency of 65 percent or simple cycle efficiency of 50 percent. (b) Program elements The program under this section shall— (1) support first-of-a-kind engineering and detailed gas turbine design for megawatt-scale and utility-scale electric power generation, including— (A) high temperature materials, including superalloys, coatings, and ceramics; (B) improved heat transfer capability; (C) manufacturing technology required to construct complex three-dimensional geometry parts with improved aerodynamic capability; (D) combustion technology to produce higher firing temperature while lowering nitrogen oxide and carbon monoxide emissions per unit of output; (E) advanced controls and systems integration; (F) advanced high performance compressor technology; and (G) validation facilities for the testing of components and subsystems; (2) include technology demonstration through component testing, subscale testing, and full scale testing in existing fleets; (3) include field demonstrations of the developed technology elements so as to demonstrate technical and economic feasibility; and (4) assess overall combined cycle and simple cycle system performance. (c) Program goals The goals of the multiphase program established under subsection (a) shall be— (1) in phase I— (A) to develop the conceptual design of advanced high efficiency gas turbines that can achieve at least 62 percent combined cycle efficiency or 47 percent simple cycle efficiency on a lower heating value basis; and (B) to develop and demonstrate the technology required for advanced high efficiency gas turbines that can achieve at least 62 percent combined cycle efficiency or 47 percent simple cycle efficiency on a lower heating value basis; and (2) in phase II, to develop the conceptual design for advanced high efficiency gas turbines that can achieve at least 65 percent combined cycle efficiency or 50 percent simple cycle efficiency on a lower heating value basis. (d) Proposals Within 180 days after the date of enactment of this Act, the Secretary shall solicit grant and contract proposals from industry, small businesses, universities, and other appropriate parties for conducting activities under this Act. In selecting proposals, the Secretary shall emphasize— (1) the extent to which the proposal will stimulate the creation or increased retention of jobs in the United States; and (2) the extent to which the proposal will promote and enhance United States technology leadership. (e) Competitive Awards The provision of funding under this section shall be on a competitive basis with an emphasis on technical merit. (f) Cost sharing Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to an award of financial assistance made under this section. (g) Limits on participation The limits on participation applicable under section 999E of the Energy Policy Act of 2005 ( 42 U.S.C. 16375 ) shall apply to financial assistance awarded under this section. (h) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for each of fiscal years 2015 through 2021.

https://www.govinfo.gov/content/pkg/BILLS-113hr2803ih/xml/BILLS-113hr2803ih.xml

113-hr-2804

I 113th CONGRESS 1st Session H. R. 2804 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Holding (for himself, Mr. Bachus , Mr. Coble , Mr. Franks of Arizona , Mr. Chabot , Mr. Marino , Mr. Collins of Georgia , Mr. Smith of Missouri , and Mr. LaMalfa ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to require the Administrator of the Office of Information and Regulatory Affairs to publish information about rules on the Internet, and for other purposes. 1. Short title This Act may be cited as the All Economic Regulations are Transparent Act of 2013 or the ALERT Act of 2013 . 2. OIRA publication of information relating to rules Title 5, United States Code, is amended by inserting after chapter 6, the following new chapter: 6A. OIRA Publication of Information Relating to Rules 650. Agency monthly submission to OIRA Not later than 30 days after the date of the enactment of the All Economic Regulations are Transparent Act of 2013, and monthly thereafter, the head of each agency shall submit to the Administrator of the Office of Information and Regulatory Affairs (referred to in this chapter as the Administrator ), in such a manner as the Administrator may reasonably require, for each rule that the agency expects to propose or finalize during the upcoming year— (1) a summary of the nature of the rule, including the regulation identifier number and the docket number for the rule; (2) the objectives of and legal basis for the issuance of the rule, including— (A) any statutory or judicial deadline; (B) whether the legal basis restricts or precludes the agency from conducting an analysis of the costs or benefits of the rule during the rule making, and if not, whether the agency plans to conduct an analysis of the costs or benefits of the rule during the rule making; (3) whether the agency plans to claim an exemption from the requirements of section 553 pursuant to section 553(b)(B); (4) the stage of the rule making as of the date of submission; (5) whether the rule is subject to review under section 610; (6) for any rule for which the agency has issued a general notice of proposed rule making— (A) an approximate schedule for completing action on the rule; (B) an estimate of whether the rule will cost— (i) less than $50,000,000; (ii) $50,000,000 or more but less than $100,000,000; (iii) $100,000,000 or more but less than $500,000,000; (iv) $500,000,000 or more but less than $1,000,000,000; (v) $1,000,000,000 or more but less than $5,000,000,000; (vi) $5,000,000,000 or more but less than $10,000,000,000; or (vii) $10,000,000,000 or more. 651. OIRA publications (a) Agency-Specific information published monthly Not later than 60 days after the date of the enactment of the All Economic Regulations are Transparent Act of 2013, and monthly thereafter, the Administrator shall make publicly available on the Internet the information that the Administrator receives from the head of each agency under section 650. (b) Cumulative assessment of agency rule making published annually (1) Publication in the Federal Register Beginning on April 1 or October 1, whichever comes first, and annually thereafter, the Administrator shall publish in the Federal Register, for the preceding year— (A) the information that the Administrator received from the head of each agency under section 650; (B) the number of rules and a list of each such rule— (i) that was proposed by each agency, including, for each such rule, an indication of whether the issuing agency conducted an analysis of the costs or benefits of the rule; (ii) that was finalized by each agency, including, for each such rule, an indication of whether— (I) the issuing agency conducted an analysis of the costs or benefits of the rule; (II) the agency claimed an exemption from the procedures under section 553 pursuant to section 553(b)(B); and (III) the rule was issued pursuant to a statutory mandate or the rule making is committed to agency discretion by law; (C) the number of agency actions and a list of each such action taken by each agency that— (i) repealed a rule; (ii) reduced the scope of a rule; (iii) reduced the cost of a rule; or (iv) accelerated the expiration date of a rule; and (D) the total cost (without reducing the cost by any offsetting benefits) of all rules proposed or finalized, and the number of rules for which an estimate of the cost of the rule was not available. (2) Publication on the Internet Beginning on April 1 or October 1, whichever comes first, and annually thereafter, the Administrator shall make publicly available on the Internet— (A) the analysis of the costs or benefits, if conducted, for each proposed rule or final rule issued by an agency for the preceding year (as well as, for the first publication, any analysis of the costs or benefits conducted for a proposed or final rule, for the 10 years preceding the date of the enactment of the All Economic Regulations are Transparent Act of 2013); (B) the docket number and regulation identifier number for each proposed or final rule issued by an agency for the preceding year; (C) the number of rules and a list of each such rule reviewed by the Director of the Office of Management and Budget for the preceding year, and the authority under which each such review was conducted; (D) the number of rules and a list of each such rule for which the head of an agency completed a review under section 610 for the preceding year; (E) the number of rules and a list of each such rule submitted to the Comptroller General under section 801; and (F) the number of rules and a list of each such rule for which a resolution of disapproval was introduced in either the House of Representatives or the Senate under section 802. (3) Effective date Paragraphs (1) and (2) shall take effect on the date that is 60 days after the date of the enactment of the All Economic Regulations are Transparent Act of 2103. 652. Requirement for rules to appear in agency-specific monthly publication (a) In general Subject to subsection (b), a rule may not take effect until the information required to be made publicly available on the Internet regarding such rule pursuant to section 651(a) has been so available for not less than 6 months. (b) Exceptions The requirement of subsection (a) shall not apply in the case of a rule— (1) for which the agency issuing the rule claims an exception under section 553(b)(B); or (2) which the President determines by Executive Order should take effect because the rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. 653. Definitions In this chapter, the terms agency , agency action , and rule have the meanings given those terms in section 551. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2804ih/xml/BILLS-113hr2804ih.xml

113-hr-2805

I 113th CONGRESS 1st Session H. R. 2805 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Poe of Texas (for himself, Mrs. Carolyn B. Maloney of New York , Ms. Granger , and Mr. Nolan ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to clarify the range of conduct punished as sex trafficking, and for other purposes. 1. Short title This Act may be cited as the End Sex Trafficking Act of 2013 . 2. Fighting Demand for Sex Trafficking (a) In general Section 1591 of title 18, United States Code, is amended— (1) in subsection (a)(1), by striking or maintains and inserting maintains, patronizes, or solicits ; (2) in subsection (b)(1), by striking or obtained and inserting obtained, patronized, or solicited ; (3) in subsection (b)(2), by striking or obtained and inserting obtained, patronized, or solicited ; and (4) in subsection (c), by striking or maintained and inserting , maintained, patronized, or solicited . (b) Definition amended Section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) ) is amended by striking or obtaining and inserting obtaining, patronizing, or soliciting . 3. Targeting offenders who exploit children Not later than 180 days after the date of enactment of this Act, the Attorney General shall ensure that all task forces and working groups within the Innocence Lost National Initiative engage in activities, programs, or operations to increase the investigative capabilities of State and local law enforcement officers in the detection, investigation, and prosecution of persons who patronize, or solicit children for sex.

https://www.govinfo.gov/content/pkg/BILLS-113hr2805ih/xml/BILLS-113hr2805ih.xml

113-hr-2806

I 113th CONGRESS 1st Session H. R. 2806 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Marchant (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Tariff Act of 1930 to provide that importation of certain containers containing de minimis residual matter shall be excepted from the Customs laws of the United States. 1. Short title This Act may be cited as the Residue Entries and Streamlining Trade Act . 2. Importation of certain containers containing de minimis residual matter to be excepted from the Customs laws of the United States (a) In general Section 322(a) of the Tariff Act of 1930 ( 19 U.S.C. 1322(a) ) is amended— (1) by striking (a) and inserting (a)(1) ; (2) by inserting after other instruments of international traffic the following: , including instruments of international traffic containing de minimis residual matter ; and (3) by adding at the end the following: (2) In this subsection, the term de minimis residual matter means material remaining in an instrument of international traffic after its contents have been unloaded to the maximum extent practicable and before the instrument of international traffic is either refilled or cleaned. . (b) Effective date The amendments made by subsection (a) take effect on the date of the enactment of this Act and apply with respect to the importation of instruments of international traffic containing de minimis residual matter on or after such date of enactment.

https://www.govinfo.gov/content/pkg/BILLS-113hr2806ih/xml/BILLS-113hr2806ih.xml

113-hr-2807

I 113th CONGRESS 1st Session H. R. 2807 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Gerlach (for himself, Mr. Thompson of California , Mr. Bachus , Mr. Bishop of New York , Mrs. Black , Mrs. Blackburn , Mr. Blumenauer , Ms. Bordallo , Ms. Brown of Florida , Ms. Brownley of California , Mrs. Capps , Mr. Cartwright , Mr. Cicilline , Mr. Coffman , Mr. Cohen , Mr. Conaway , Mr. Connolly , Mr. Costa , Mr. Crawford , Mr. Crenshaw , Mr. Rodney Davis of Illinois , Ms. DeGette , Ms. DeLauro , Ms. DelBene , Mr. Dent , Mr. DesJarlais , Mr. Diaz-Balart , Mr. Dingell , Mr. Duffy , Mr. Ellison , Mr. Engel , Mr. Enyart , Ms. Eshoo , Ms. Esty , Mr. Farenthold , Mr. Fitzpatrick , Mr. Fleischmann , Mr. Fortenberry , Mr. Frelinghuysen , Mr. Garamendi , Mr. Gardner , Mr. Garrett , Mr. Gibson , Mr. Goodlatte , Mr. Griffin of Arkansas , Mr. Grimm , Mr. Guthrie , Ms. Hanabusa , Mr. Hanna , Mr. Harper , Mr. Holt , Mr. Honda , Mr. Huffman , Mr. Hurt , Mr. Israel , Mr. Johnson of Ohio , Ms. Kaptur , Mr. Keating , Mr. Kind , Mr. King of New York , Mr. King of Iowa , Ms. Kuster , Mr. Lance , Mr. Langevin , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mr. Luetkemeyer , Mr. Ben Ray Luján of New Mexico , Mrs. Lummis , Mr. Sean Patrick Maloney of New York , Mr. Matheson , Ms. McCollum , Mr. McGovern , Mr. McIntyre , Mr. Meadows , Mr. Meehan , Mr. Michaud , Mr. Miller of Florida , Mr. Moran , Mr. Murphy of Florida , Mr. Nadler , Mrs. Napolitano , Mr. Neal , Mrs. Negrete McLeod , Ms. Norton , Mr. Nunnelee , Mr. Olson , Mr. Perlmutter , Mr. Peters of Michigan , Mr. Roe of Tennessee , Mr. Petri , Mr. Pierluisi , Ms. Pingree of Maine , Mr. Pitts , Mr. Polis , Mr. Price of North Carolina , Mr. Rangel , Mr. Rogers of Kentucky , Mr. Rogers of Alabama , Mr. Rokita , Ms. Ros-Lehtinen , Mr. Runyan , Mr. Ruppersberger , Ms. Schakowsky , Mr. Schiff , Mr. Schock , Mr. Schrader , Ms. Schwartz , Mr. Austin Scott of Georgia , Mr. Scott of Virginia , Mr. Serrano , Ms. Shea-Porter , Mr. Simpson , Ms. Slaughter , Mr. Smith of Texas , Ms. Speier , Mr. Terry , Mr. Thornberry , Mr. Tierney , Mr. Tipton , Ms. Tsongas , Mr. Turner , Mr. Van Hollen , Mr. Walz , Mr. Watt , Mr. Waxman , Mr. Welch , Mr. Wilson of South Carolina , Mr. Wittman , Mr. Womack , Mr. Yarmuth , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the special rule for contributions of qualified conservation contributions. 1. Short title This Act may be cited as the Conservation Easement Incentive Act of 2013 . 2. Special rule for contributions of qualified conservation contributions made permanent (a) In general (1) Individuals Subparagraph (E) of section 170(b)(1) of the Internal Revenue Code of 1986 (relating to contributions of qualified conservation contributions) is amended by striking clause (vi). (2) Corporations Subparagraph (B) of section 170(b)(2) of such Code (relating to qualified conservation contributions) is amended by striking clause (iii). (b) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2807ih/xml/BILLS-113hr2807ih.xml

113-hr-2808

I 113th CONGRESS 1st Session H. R. 2808 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Matheson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate certain National Forest System land in the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, as wilderness, to facilitate a land exchange involving certain land in such National Forest, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Wasatch Wilderness and Watershed Protection Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Designation of wilderness, Uinta-Wasatch-Cache National Forests, Utah. Sec. 3. Special management area, Uinta-Wasatch-Cache National Forests, Utah. Sec. 4. Administrative provisions related to wilderness areas. Sec. 5. Existing water facilities. Sec. 6. Land exchange, Uinta-Wasatch-Cache National Forests, Utah. 2. Designation of wilderness, Uinta-Wasatch-Cache National Forests, Utah (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the following Federal lands within the Uinta-Wasatch-Cache National Forests in Salt Lake County, Utah, are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System: (1) Lone Peak Wilderness addition Certain lands in the vicinity of the Lone Peak Wilderness comprising approximately 4,602.6 acres, as generally depicted on the map titled Wasatch Wilderness and Watershed Protection Act and revised April 23, 2013 (in this subsection referred to as the map ), which shall be added to and administered as part of the Lone Peak Wilderness designated by section 2(i) of Public Law 95–237 (92 Stat. 42). (2) Mount Olympus Wilderness addition Certain lands in the vicinity of the Mount Olympus Wilderness comprising approximately 2,601.7 acres, as generally depicted on the map, which shall be added to and administered as part of the Mount Olympus Wilderness designated by section 102(a)(3) of Public Law 98–428 (98 Stat. 1658). (3) Wayne Owens Grandeur Peak/Mount Aire Wilderness Certain lands comprising approximately 6,202.4 acres, as generally depicted on the map, which shall be known as the Wayne Owens Grandeur Peak/Mount Aire Wilderness . (b) Map and description (1) Filing and availability As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the maps and legal descriptions. (c) Special rule for Lone Peak Wilderness addition Notwithstanding the wilderness designation made by subsection (a)(1), the White Pine Reservoir, together with the ingress and egress routes thereto in existence as of the date of the enactment of this Act, shall continue to be operated, maintained, and upgraded as necessary, subject to reasonable requirements to protect wilderness values. 3. Special management area, Uinta-Wasatch-Cache National Forests, Utah (a) Designation Subject to valid existing rights, the following Federal lands in the Uinta-Wasatch-Cache National Forests are established as special management areas: (1) Mt. Aire Special Management Area Certain lands comprising approximately 1,267.3 acres, as generally depicted on a map titled Wasatch Wilderness and Watershed Protection Act and revised April 23, 2013 (in this subsection referred to as the map ), which shall be known as the Mt. Aire Special Management Area . (2) Mt. Olympus Special Management Area Certain lands comprising approximately 1,962.4 acres, as generally depicted on the map, which shall be known as the Mt. Olympus Special Management Area . (3) Twin Peaks Special Management Area Certain lands comprising approximately 6,359.1 acres, as generally depicted on the map, which shall be known as the Twin Peaks Special Management Area . (4) Lone Peak Special Management Area Certain lands comprising approximately 1,424.3 acres, as generally depicted on the map, which shall be known as the Lone Peak Special Management Area . (b) Maps and descriptions (1) Filing and availability As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each special management area established by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service. (2) Force of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct typographical errors in the maps and legal descriptions. (c) Management (1) In general The Secretary of Agriculture shall manage the special management area established by subsection (a) to maintain the presently existing wilderness character of the special management area and the potential for inclusion of the area in the National Wilderness Preservation System. (2) Prohibitions (A) Permanent roads Permanent roads may not be established in the special management areas. (B) Temporary roads and vehicles Except as necessary to meet the minimum requirements for the administration of the special management areas and to protect public health and safety— (i) the use of motorized or mechanized vehicles, except as described in paragraph (3), is prohibited in the special management area; and (ii) the establishment of temporary roads is prohibited in the special management areas. (3) Allowable activities The Secretary of Agriculture may authorize commercial helicopter-assisted skiing and snowboarding activities (known as heliskiing ), as authorized on the Federal lands included within the special management areas as of the date of the enactment of this Act, to continue within the special management area. Except as provided in subsection (d), upon the expiration of an authorization in effect as of the date of enactment of this Act for heliskiing, the Secretary may reissue such authorizations in accord with Forest Service procedures. (4) Applicable law Any uses of the Federal lands included within the special management area, including activities described in paragraph (3), shall be carried out in accordance with applicable law. (d) Eventual wilderness designation (1) Timeline Within one year from the time in which all commercial helicopter-assisted skiing and snowboarding activities within any special management area established by subsection (a) are no longer authorized or have otherwise terminated within the special management area, the Secretary of Agriculture shall publish notice to that effect in the Federal Register. (2) Designation as wilderness The Federal lands included within a special management area for which notice has been published under paragraph (1) shall be designated as wilderness and added to the National Wilderness Preservation System, effective on the date of the notice, as follows: (A) The lands included in the Mt. Aire Special Management Area shall be added to and administered as part of the Wayne Owens Grandeur Peak/Mount Aire Wilderness established by section 2. (B) The lands included in the Mt. Olympus Special Management Area shall be added to and administered as a part of the Mount Olympus Wilderness designated by section 102(a)(3) of Public Law 98–428 (98 Stat. 1658) and expanded by section 2. (C) The lands included in the Twin Peaks Special Management Area shall be added to and administered as a part of the Twin Peaks Wilderness designated by section 102(a)(4) of Public Law 98–428 (98 Stat. 1658). (D) The lands included in the Lone Peak Special Management Area shall be added to and administered as part of the Lone Peak Wilderness designated by section 2(i) of Public Law 95–237 (92 Stat. 42) and expanded by section 2. 4. Administrative provisions related to wilderness areas (a) Covered land defined In this section, the term covered land means— (1) the wilderness areas designated or expanded by sections 2 and 3; and (2) the special management areas designated by section 3. (b) Administration generally Subject to valid rights in existence on the date of the enactment of this Act, land designated as wilderness by section 2 or 3 shall be administered by the Secretary of Agriculture in accordance with— (1) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (2) this Act. (c) Treatment of effective date of wilderness act (1) In general With respect to land designated as wilderness by section 2, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act. (2) Special management areas With respect to the lands designated as wilderness by section 3, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the applicable Federal Register notice referred to in section 3(d)(1). (d) Fish and wildlife Nothing in this Act shall affect the jurisdiction or responsibility of the State of Utah with respect to wildlife and fish. (e) No Buffer Zones (1) In general Nothing in this Act shall create a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness The fact that a nonwilderness activity or use can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (f) Withdrawal Subject to valid rights in existence on the date of the enactment of this Act, covered land is withdrawn from all forms of— (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (g) Acquired Land Any land or interest in land located inside the boundaries of covered land that is acquired by the United States after the date of the enactment of this Act shall become part of the relevant wilderness or special management area and shall be managed in accordance with this Act and other applicable law. (h) Fire, insects, and disease In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary of Agriculture may take such measures in the covered land as the Secretary determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. 5. Existing water facilities Nothing in this Act affects the ability to continue to maintain the Mount Haven, Mill D Summer Home, Beartrap, and Cardiff water systems that exist as of the date of the enactment of this Act (as shown on the map titled Wasatch Wilderness and Watershed Protection Act and revised April 23, 2013, outside the boundaries of the wilderness additions and special management areas designated by this Act. 6. Land exchange, Uinta-Wasatch-Cache National Forests, Utah (a) Definitions In this section: (1) Federal land The term Federal land means the approximately 323 acres of National Forest System land in the Uinta-Wasatch-Cache National Forest in Salt Lake County, Utah, identified as NFS Land to be Conveyed on the map. (2) Map The term map means the map titled Wasatch Wilderness and Watershed Protection Act and revised April 23, 2013, which map shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (3) Non-Federal land The term non-Federal land means the parcels of private land identified as Land to be acquired by USFS on the map, including— (A) the approximately 116 acres of private land identified as White Pine parcel on the map, which will be incorporated into the Lone Peak Wilderness as provided in subsection (h)(1); (B) the approximately 266 acres of private land identified as Superior parcels on the map, which will be administered as a special management area as provided in subsection (h)(2); (C) the approximately 160 acres of private land identified as High Uintas parcel on the map, which will be incorporated into the High Uintas Wilderness as provided in subsection (h)(3); and (D) such other lands owned by Snowbird that are acceptable to the Secretary as components of the land exchange authorized and directed by this section, except that such lands may not replace any of the lands identified in a preceding subparagraph. (4) Secretary The term Secretary means the Secretary of Agriculture. (5) Snowbird The term Snowbird means Snowbird Ltd., a Utah Limited Partnership. (b) Land exchange (1) Authorized and directed If Snowbird offers to the Secretary the land described in paragraph (2), the Secretary shall— (A) accept the land for management as provided in subsection (h); and (B) convey and quitclaim to Snowbird all right, title, and interest of the United States in and to the Federal land. (2) Snowbird offered lands The private land offered by Snowbird in the land exchange shall include, in priority order, all right, title, and interest of Snowbird in the parcels identified in subparagraphs (A), (B), and (C) of subsection (a)(3) and such other lands agreed upon as part of the exchange to be conveyed to the United States under subparagraph (D) of such subsection. (3) Existing rights The conveyance of the Federal land under this section shall be subject to valid existing rights. (4) Title As a condition on the consummation of the land exchange, title to the non-Federal land must be acceptable to the Secretary, which shall be determined in conformity with the title standards of the Attorney General. (5) Compliance with existing law Except as otherwise provided in this section, the Secretary shall carry out the land exchange under this section in accordance with section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). (c) Land descriptions (1) Survey requirement The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under this section shall be determined by surveys approved by the Secretary. (2) Reconfiguration of lands By mutual agreement, the Secretary and Snowbird may reconfigure the land to be exchanged under this section to facilitate management of the land or eliminate fragmented parcels whose management is uneconomical. The use of such reconfiguration authority shall be minimized and involve the smallest quantity of acreage practicable to achieve the objectives of improving management of the exchanged land or eliminating fragmented parcels. (d) Valuation (1) In general The value of the Federal land and the non-Federal land to be exchanged under this section— (A) shall be equal, as determined by appraisals conducted in accordance with subsection (e); or (B) if not equal, shall be equalized in the manner provided in section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ), except that the Secretary may accept cash equalization payments in excess of 25 percent to facilitate the land exchange. (2) Deposit and use of cash equalization payments Any cash equalization payments received by the Secretary under paragraph (1) shall be deposited into the account established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a). The amounts deposited shall be available, in such amounts as may be provided in advance in appropriation Acts, until expended for the acquisition of lands and interests in lands for the National Forest System. (e) Appraisals Section 206(d) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(d) ) shall apply to the appraisal of the Federal land and non-Federal land, including the conservation easement described in subsection (g), to be exchanged under this section, except that the Secretary and Snowbird shall consult with the proposed recipient of the conservation easement in the selection of the appraiser. (f) Administrative costs Snowbird shall cover the costs of survey, appraisal, and any other administrative expenses related to the land exchange under this section. (g) Conservation easement (1) Contingency The obligation of the Secretary to consummate the land exchange under this section is contingent upon the execution of a binding agreement to convey a conservation easement, consistent with the terms of this subsection, for the approximately 298 acres of private land identified as Flagstaff parcel on the map from Snowbird to— (A) Utah Open Lands (a non-profit land trust incorporated in the State of Utah); or (B) another land trust or the Salt Lake City Department of Public Utilities if Utah Open Lands is unwilling to accept conveyance of the conservation easement. (2) Required terms Except as determined to be necessary by the holder of the conservation easement described in paragraph (1) to meet the minimum requirements for the administration of the easement area in its undeveloped state or to protect public health and safety, the conservation easement shall contain the following prohibitions: (A) No subdivision. (B) No roads, other than temporary roads constructed and used for cleanup of mining areas. (C) No commercial enterprises. (D) No permanent structures, except structures associated with avalanche control that serve to mitigate avalanche hazards to the Town of Alta, Utah, and Little Cottonwood Canyon Road. (3) Occupancy and use of easement area The conservation easement shall grant the easement holder sole authority to regulate the occupancy and use of the easement area including— (A) the prohibition or restriction of motorized vehicles and equipment; and (B) the conduct of avalanche control activities. (4) Restoration and remediation The conservation easement shall reserve, in the fee owner of the land encumbered by the easement, the right to conduct restoration and remediation of hazardous substances from past mining and related construction activities on the land. (5) Effect of failure to convey easement If an entity described in paragraph (1) is unwilling to accept conveyance of the conservation easement subject to the terms provided in this subsection, the Secretary is relieved of any obligation to consummate the land exchange under this section. (h) Management of land acquired by the Secretary (1) White pine parcel On acquisition by the Secretary, the parcel identified as White Pine parcel on the map shall be— (A) incorporated into the Lone Peak Wilderness established by section 2(i) of Public Law 95–237 (92 Stat. 42; 16 U.S.C. 1132 note) and expanded by section 2; and (B) administered in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) and this Act. (2) Superior parcel On acquisition by the Secretary, the parcel identified as Superior parcel on the map shall be— (A) added to the Uinta-Wasatch-Cache National Forests as a special management area; and (B) administered in accordance with subsection (c) of section 3, except paragraph (3) of such subsection shall not apply to the parcel and the Secretary may allow avalanche control devices within the parcel for the sole purpose of protecting public health and safety. (3) High uintas parcel On acquisition by the Secretary, the parcel identified as High Uintas parcel on the map shall be— (A) incorporated into the Evanston Ranger District of the Uinta-Wasatch-Cache National Forests; and (B) administered in accordance with the land and resource management plan for the Uinta-Wasatch-Cache National Forests. (4) Other lands On acquisition by the Secretary of any non-Federal land included in the land exchange pursuant to subsection (a)(3)(D), the acquired land shall be added to and administered as part of the Uinta-Wasatch-Cache National Forest, subject to the laws and regulations applicable to the National Forest System. (i) Withdrawal Subject to valid existing rights, the land acquired by the Secretary in the land exchange under this section is withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and energy leasing. (j) Environmental liabilities (1) Effect of existence of contamination If any of the non-Federal land is determined to be contaminated, including contamination resulting from solid wastes, hazardous wastes or substances, pollutants or contaminants, or other regulated substances, or that the non-Federal land is in a condition that would constitute a violation of any applicable Federal, State, or local laws or regulations related to health, safety, or the environment, and that such contamination or violation existed before the date of the enactment of this Act— (A) the Secretary may require that such land, or the contaminated portion of the land, be removed from the exchange before consummation of the land exchange; or (B) the Secretary may retain such land in the land exchange, subject to the condition that Snowbird agree to indemnify the United States or Salt Lake City, as appropriate, and pay all costs to restore or remediate any damages caused by the past release, spill, or disposal of hazardous substances, pollutants, or contaminants necessary to bring the land into compliance with all applicable health, safety, and environmental laws, and furthermore, for any discharges or draining from any man-made features on the non-Federal lands which the Secretary retains, Snowbird will obtain, and maintain, in perpetuity, any Federal or State permits that may be or become necessary to comply with applicable health, safety, or environmental laws. (2) Conservation easement Acceptance by Utah Open Lands, or another land trust or the Salt Lake City Department of Public Utilities, of the conservation easement described in subsection (g) shall not make the holder of the conservation easement either an owner or operator with respect to the land encumbered by the easement under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), nor shall the conveyance of the easement absolve the fee owner of the land of any liability under such Act, the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), or any other Federal, State, or local environmental law or regulation. (3) Hold harmless Snowbird shall hold the United States harmless for any liability for the condition of the Federal land received by Snowbird in the land exchange under this section, whether the condition on the Federal land was caused by the negligence of the United States, or the result of any approval by the United States of an authorized activity on the Federal land. (4) Exception of federal land from certain covenants Clauses (ii) and (iii) of section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 6920(h)(3)(A) ) shall not apply to the conveyance of the Federal land under this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2808ih/xml/BILLS-113hr2808ih.xml

113-hr-2809

I 113th CONGRESS 1st Session H. R. 2809 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mrs. Blackburn (for herself, Mr. Meadows , Mr. Wilson of South Carolina , Mr. Price of Georgia , Mr. Yoder , and Mr. Harris ) 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 , Rules , House Administration , 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 delay the application of the Patient Protection and Affordable Care Act. 1. Delay in application of Patient Protection and Affordable Care Act (1) One-year delay in PPACA provisions scheduled to take effect on or after January 1 , 2014 Notwithstanding any other provision of law, any provision of (including any amendment made by) the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or of title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2011 (Public Law 111–152) that is otherwise scheduled to take effect on or after January 1, 2014, shall not take effect until the date that is one year after the date on which such provision would otherwise have been scheduled to take effect. (2) One-year suspension of certain tax increases already in effect Notwithstanding any other provision of law, in the case of any tax which is imposed or increased by any provision of (including any amendment made by) the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or of title I or subtitle B of title II of the Health Care and Education Reconciliation Act of 2011 ( Public Law 111–152 ), if such tax or increase takes effect before January 1, 2014, such tax or increase shall not apply during the 1-year period beginning on such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr2809ih/xml/BILLS-113hr2809ih.xml

113-hr-2810

I 113th CONGRESS 1st Session H. R. 2810 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Burgess (for himself, Mr. Pallone , Mr. Upton , Mr. Waxman , Mr. Pitts , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to reform the sustainable growth rate and Medicare payment for physicians’ services, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Medicare Patient Access and Quality Improvement 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. Reform of sustainable growth rate (SGR) and Medicare payment for physicians’ services. Sec. 3. Expanding availability of Medicare data. Sec. 4. Encouraging care coordination and medical homes. Sec. 5. Miscellaneous. 2. Reform of sustainable growth rate (SGR) and Medicare payment for physicians’ services (a) Stabilizing fee updates (Phase I) (1) Repeal of SGR payment methodology Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (A) in subsection (d)— (i) in paragraph (1)(A), by inserting or a subsequent paragraph or section 1848A after paragraph (4) ; and (ii) in paragraph (4)— (I) in the heading, by striking years beginning with 2001 and inserting 2001, 2002, and 2003 ; and (II) in subparagraph (A), by striking a year beginning with 2001 and inserting 2001, 2002, and 2003 ; and (B) in subsection (f)— (i) in paragraph (1)(B), by inserting through 2013 after of such succeeding year ; and (ii) in paragraph (2), by inserting and ending with 2013 after beginning with 2000 . (2) Update of rates for 2014 through 2018 Subsection (d) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended by adding at the end the following new paragraph: (15) Update for 2014 through 2018 The update to the single conversion factor established in paragraph (1)(C) for each of 2014 through 2018 shall be 0.5 percent. . (b) Quality update incentive program (Phase II) (1) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as amended by subsection (a), is further amended— (A) in subsection (d), by adding at the end the following new paragraph: (16) Update beginning with 2019 (A) In general Subject to subparagraph (B), the update to the single conversion factor established in paragraph (1)(C) for each year beginning with 2019 shall be 0.5 percent. (B) Adjustment In the case of an eligible professional (as defined in subsection (k)(3)) who does not have a payment arrangement described in section 1848A(a) in effect, the update under subparagraph (A) for a year beginning with 2019 shall be adjusted by the applicable quality adjustment determined under subsection (q)(3) for the year involved. ; and (B) in subsection (i)(1)— (i) by striking and at the end of subparagraph (D); (ii) by striking the period at the end of subparagraph (E) and inserting , and ; and (iii) by adding at the end the following new subparagraph: (F) the implementation of subsection (q). . (2) Enhancing physician quality reporting system to support quality update incentive program Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (A) in subsection (k)(1), in the first sentence, by inserting and, if applicable, clinical practice improvement activities, after quality measures ; (B) in subsection (k)(2)— (i) in subparagraph (C)— (I) in the subparagraph heading, by striking and subsequent years and inserting through 2018 ; and (II) in clause (i), by inserting (before 2019) after subsequent year ; (ii) by redesignating subparagraph (D) as subparagraph (E); (iii) by inserting after subparagraph (C) the following new subparagraph: (D) For 2019 and subsequent years For purposes of reporting data on quality measures and, as applicable clinical practice improvement activities, for covered professional services furnished during the performance period (as defined in subsection (q)(2)(B)) with respect to 2019 and the performance period with respect to each subsequent year, subject to subsection (q)(1)(D), the quality measures and clinical practice improvement activities specified under this paragraph shall be, with respect to an eligible professional, the quality measures and, as applicable, clinical practice improvement activities within the final core measure set under paragraph (9)(F) applicable to the peer cohort of such provider and year involved. ; and (iv) in subparagraph (E), as redesignated by subparagraph (B)(ii) of this paragraph, by striking and subsequent years ; (C) in subsection (k)(3)— (i) in the paragraph heading, by striking Covered professional services and eligible professionals defined and inserting Definitions ; and (ii) by adding at the end the following new subparagraphs: (C) Clinical practice improvement activities The term clinical practice improvement activity means an activity that relevant eligible professional organizations and other relevant stakeholders identify as improving clinical practice or care delivery and that the Secretary determines, when effectively executed, is likely to result in improved outcomes. (D) Eligible professional organization The term eligible professional organization means a professional organization that is recognized by the American Board of Medical Specialties, American Osteopathic Association, American Board of Physician Specialties, or an equivalent certification board. (E) Peer cohort The term peer cohort means a peer cohort identified on the list under paragraph (9)(B), as updated under clause (ii) of such paragraph. ; (D) in subsection (k)(7), by striking and the application of paragraphs (4) and (5) and inserting , the application of paragraphs (4) and (5), and the implementation of paragraph (9) ; (E) by adding at the end of subsection (k) the following new paragraph: (9) Establishment of final core measure sets (A) In general Under the system under this subsection— (i) for each peer cohort identified under subparagraph (B) and in accordance with this paragraph, there shall be published a final core measure set under subparagraph (F), which shall consist of quality measures and may also consist of clinical practice improvement activities, with respect to which eligible professionals shall, subject to subsection (m)(3)(C), be assessed for purposes of determining, for years beginning with 2019, the quality adjustment under subsection (q)(3) applicable to such professionals; and (ii) each eligible professional shall self-identify, in accordance with subparagraph (B), within such a peer cohort for purposes of such assessments. (B) Peer cohorts The Secretary shall identify (and publish a list of) peer cohorts by which eligible professionals shall self-identify for purposes of this subsection and subsection (q) with respect to a performance period (as defined in subsection (q)(2)(B)) for a year beginning with 2019. For purposes of this subsection and subsection (q), the Secretary shall develop one or more peer cohorts for multispecialty groups, each of which shall be included as a peer cohort under this subparagraph. Such self-identification will be made through such a process and at such time as specified under the system under this subsection. Such list— (i) shall include, as peer cohorts, provider specialties defined by the American Board of Medical Specialties or equivalent certification boards and such other cohorts as established under this section in order to capture classifications of providers across eligible professional organizations and other practice areas, groupings, or categories; and (ii) shall be updated from time to time. (C) Quality measures for core measure sets (i) Development Under the system under this subsection there shall be established a process for the development of quality measures under this subparagraph for purposes of potential inclusion of such measures in core measure sets under this paragraph. Under such process— (I) there shall be coordination, to the extent possible, across organizations developing such measures; (II) eligible professional organizations and other relevant stakeholders may submit best practices and clinical practice guidelines for the development of quality measures that address quality domains (as defined under clause (ii)) for potential inclusion in such core measure sets; (III) there is encouraged to be developed, as appropriate, meaningful outcome measures (or quality of life measures in cases for which outcomes may not be a valid measurement), functional status measures, and patient experience measures; and (IV) measures developed under this clause shall be developed, to the extent possible, in accordance with best practices and clinical practice guidelines. (ii) Quality domains For purposes of this paragraph, the term quality domains means at least the following domains: (I) Clinical care. (II) Safety. (III) Care coordination. (IV) Patient and caregiver experience. (V) Population health and prevention. (D) Process for establishing core measure sets (i) In general Under the system under this subsection, for purposes of subparagraph (A), there shall be established a process to approve final core measure sets under this paragraph for peer cohorts. Each such final core measure set shall be composed of quality measures (and, as applicable, clinical practice improvement activities) with respect to which eligible professionals within such peer cohort shall report under this subsection and be assessed under subsection (q). Such process shall provide— (I) for the establishment of criteria, which shall be made publicly available before the request is made under clause (ii), for selecting such measures and activities for potential inclusion in such a final core measure set; and (II) that all peer cohorts, and to the extent practicable all quality domains, are addressed by measures and, as applicable, clinical practice improvement activities selected to be included in a core measure set under this paragraph, which may include through the use of such a measure or clinical practice improvement activity that addresses more than one such domain or cohort. (ii) Solicitation of public input on quality measures and clinical practice improvement activities Under the process established under clause (i), relevant eligible professional organizations and other relevant stakeholders shall be requested to identify and submit quality measures and clinical practice improvement activities (as defined in paragraph (3)(C)) for selection under this paragraph. For purposes of the previous sentence, measures and activities may be submitted regardless of whether such measures were previously published in a proposed rule or endorsed by an entity with a contract under section 1890(a). (E) Core measure sets (i) In general Under the process established under subparagraph (D)(i), the Secretary— (I) shall select, from quality measures described in clause (ii) applicable to a peer cohort, quality measures to be included in a core measure set for such cohort; (II) shall, to the extent there are insufficient quality measures applicable to a peer cohort to address one or more applicable quality domains, select to be included in a core measure set for such cohort such clinical practice improvement activities described in clause (ii)(IV) as are needed and available to sufficiently address such an applicable domain with respect to such peer cohort; and (III) may select, to the extent determined appropriate, any additional clinical practice improvement activities described in clause (ii)(IV) applicable to a peer cohort to be included in a core measure set for such cohort. Activities selected under this paragraph shall be selected with consideration of best practices and clinical practice guidelines identified under subparagraph (C)(i)(II). (ii) Sources of quality measures and clinical practice improvement activities A quality measure or clinical practice improvement activity selected for inclusion in a core measure set under the process under subparagraph (D)(i) shall be— (I) a measure endorsed by a consensus-based entity; (II) a measure developed under paragraph (2)(C) or a measure otherwise applied or developed for a similar purpose under this section; (III) a measure developed under subparagraph (C); or (IV) a measure or activity submitted under subparagraph (D)(ii). A measure or activity may be selected under this subparagraph, regardless of whether such measure or activity was previously published in a proposed rule. A measure so selected shall be evidence-based but (other than a measure described in subclause (I)) shall not be required to be consensus-based. (iii) Transparency Before publishing in a final regulation a core measure set under clause (i) as a final core measure set under subparagraph (F), the Secretary shall— (I) submit for publication in applicable specialty-appropriate peer-reviewed journals such core measure set under clause (i) and the method for developing and selecting measures within such set, including clinical and other data supporting such measures, and, as applicable, the method for selecting clinical practice improvement activities included within such set; and (II) regardless of whether or not the core measure set or method is published in such a journal under subclause (I), provide for notice of the proposed regulation in the Federal Register, including with respect to the applicable methods and data described in subclause (I), and a period for public comment thereon. (F) Final core measure sets Not later than November 15 of the year prior to the first day of a performance period, the Secretary shall publish a final regulation in the Federal Register that includes a final core measure set (and the applicable methods and data described in subparagraph (E)(iii)(I)) for each peer cohort to be applied for such performance period. (G) Periodic review and updates (i) In general In carrying out this paragraph, under the system under this subsection, there shall periodically be reviewed— (I) the quality measures and clinical practice improvement activities selected for inclusion in final core measure sets under this paragraph for each year such measures and activities are to be applied under this subsection or subsection (q) to ensure that such measures and activities continue to meet the conditions applicable to such measures and activities for such selection; and (II) the final core measure sets published under subparagraph (F) for each year such sets are to be applied to peer cohorts of eligible professionals to ensure that each applicable set continues to meet the conditions applicable to such sets before being so published. (ii) Collaboration with stakeholders In carrying out clause (i), relevant eligible professional organizations and other relevant stakeholders may identify and submit updates to quality measures and clinical practice improvement activities selected under this paragraph for inclusion in final core measure sets as well as any additional quality measures and clinical practice improvement activities. Not later than November 15 of the year prior to the first day of a performance period, submissions under this clause shall be reviewed. (iii) Additional, and updates to, measures and activities Based on the review conducted under this subparagraph for a period, as needed, there shall be— (I) selected additional, and updates to, quality measures and clinical practice improvement activities selected under this paragraph for potential inclusion in final core measure sets in the same manner such quality measures and clinical practice improvement activities are selected under this paragraph for such potential inclusion; (II) removed, from final core measure sets, quality measures and clinical practice improvement activities that are no longer meaningful; and (III) updated final core measure sets published under subparagraph (F) in the same manner as such sets are approved under such subparagraph. For purposes of this subsection and subsection (q), a final core measure set, as updated under this subparagraph, shall be treated in the same manner as a final core measure set published under subparagraph (F). (iv) Transparency (I) Notification required for certain updates In the case of an update under subclause (II) or (III) of clause (iii) that adds, materially changes, or removes a measure or activity from a measure set, such update shall not apply under this subsection or subsection (q) unless notification of such update is made available to applicable eligible professionals. (II) Public availability of updated final core measure sets Subparagraph (E)(iii) shall apply with respect to measure sets updated under subclause (II) or (III) of clause (iii) in the same manner as such subparagraph applies to applicable core measure sets under subparagraph (E). (H) Coordination with existing programs The development and selection of quality measures and clinical practice improvement activities under this paragraph shall, as appropriate, be coordinated with the development and selection of existing measures and requirements, such as the development of the Physician Compare Website under subsection (m)(5)(G) and the application of resource use management under subsection (n). To the extent feasible, such measures and activities shall align with measures used by other payers and with measures and activities in use under other programs in order to streamline the process of such development and selection under this paragraph. The Secretary shall develop a plan to integrate reporting on quality measures under this subsection with reporting requirements under subsection (o) relating to the meaningful use of certified EHR technology. (I) Consultation with relevant eligible professional organizations and other relevant stakeholders Relevant eligible professional organizations (as defined in paragraph (3)(D)) and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this paragraph. (J) Optional application The process under section 1890A is not required to apply to the development or selection of measures under this paragraph. ; and (F) in subsection (m)(3)(C)(i), by adding at the end the following new sentence: Such process shall, beginning for 2019, treat eligible professionals in such a group practice as reporting on measures for purposes of application of subsections (q) and (a)(8)(A)(iii) if, in lieu of reporting measures under subsection (k)(2)(D), the group practice reports measures determined appropriate by the Secretary. . (3) Establishment of quality update incentive program (A) In general Section 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended by adding at the end the following new subsection: (q) Quality update incentive program (1) Establishment (A) In general The Secretary shall establish an eligible professional quality update incentive program (in this section referred to as the quality update incentive program ) under which— (i) there is developed and applied, in accordance with paragraph (2), appropriate methodologies for assessing the performance of eligible professionals with respect to quality measures and clinical practice improvement activities included within the final core measure sets published under subsection (k)(9)(F) applicable to the peer cohorts of such providers; (ii) there is applied, consistent with the system under subsection (k), methods for collecting information needed for such assessments (which shall involve the minimum amount of administrative burden required to ensure reliable results); and (iii) the applicable update adjustments under paragraph (3) are determined by such assessments. (B) Definitions (i) Eligible professional In this subsection, the term eligible professional has the meaning given such term in subsection (k)(3), except that such term shall not include a professional who has a payment arrangement described in section 1848A(a)(1) in effect. (ii) Peer cohorts; clinical practice improvement activities; eligible professional organizations In this subsection, the terms peer cohort , clinical practice improvement activity , and eligible professional organization have the meanings given such terms in subsection (k)(3). (C) Consultation with eligible professional organizations and other relevant stakeholders Eligible professional organizations and other relevant stakeholders, including State and national medical societies, shall be consulted in carrying out this subsection. (D) Application at group practice level The Secretary shall establish a process, consistent with subsection (m)(3)(C), under which the provisions of this subsection are applied to eligible professionals in a group practice if the group practice reports measures determined appropriate by the Secretary under such subsection. (E) Coordination with existing programs The application of measures and clinical practice improvement activities and assessment of performance under this subsection shall, as appropriate, be coordinated with the application of measures and assessment of performance under other provisions of this section. (2) Assessing performance with respect to final core measure sets for applicable peer cohorts (A) Establishment of methods for assessment (i) In general Under the quality update incentive program, the Secretary shall— (I) establish one or more methods, applicable with respect to a performance period, to assess (using a scoring scale of 0 to 100) the performance of an eligible professional with respect to, subject to paragraph (1)(D), quality measures and clinical practice improvement activities included within the final core measure set published under subsection (k)(9)(F) applicable for the period to the peer cohort in which the provider self-identified under subsection (k)(9)(B) for such period; and (II) subject to paragraph (1)(D), compute a composite score for such provider for such performance period with respect to the measures and activities included within such final core measure set. (ii) Methods Such methods shall, with respect to an eligible professional, provide that the performance of such professional shall, subject to paragraph (1)(D), be assessed for a performance period with respect to the quality measures and clinical practice improvement activities within the final core measure set for such period for the peer cohort of such professional and on which information is collected from such professional. (iii) Weighting of measures Such a method may provide for the assignment of different scoring weights or, as appropriate, other factors— (I) for quality measures and clinical practice improvement activities; (II) based on the type or category of measure or activity; and (III) based on the extent to which a quality measure or clinical practice improvement activity meaningfully assesses quality. (iv) Risk adjustment Such a method shall provide for appropriate risk adjustments. (v) Incorporation of other methods of measuring physician quality In establishing such methods, there shall be, as appropriate, incorporated comparable methods of measurement from physician quality incentive programs under this subsection. (B) Performance period There shall be established a period (in this subsection referred to as a performance period ), with respect to a year (beginning with 2019) for which the quality adjustment is applied under paragraph (3), to assess performance on quality measures and clinical practice improvement activities. Each such performance period shall be a period of 12 consecutive months and shall end as close as possible to the beginning of the year for which such adjustment is applied. (3) Quality adjustment taking into account quality assessments (A) Quality adjustment For purposes of subsection (d)(16), if the composite score computed under paragraph (2)(A) for an eligible professional for a year (beginning with 2019) is— (i) a score of 67 or higher, the quality adjustment under this paragraph for the eligible professional and year is 1 percentage point; (ii) a score of at least 34, but below 67, the quality adjustment under this paragraph for the eligible professional and year is zero; or (iii) a score below 34, the quality adjustment under this paragraph for the eligible professional and year is −1 percentage point. (B) No effect on subsequent years’ quality adjustments Each such quality adjustment shall be made each year without regard to the update adjustment for a previous year under this paragraph. (4) Transition for new eligible professionals In the case of a physician, practitioner, or other supplier that during a performance period, with respect to a year for which a quality adjustment is applied under paragraph (3), first becomes an eligible professional (and had not previously submitted claims under this title as a person, as an entity, or as part of a physician group or under a different billing number or tax identifier), the quality adjustment under this subsection applicable to such physician, practitioner, or supplier— (A) for such year, with respect to such first performance period, shall be zero; and (B) for a year, with respect to a subsequent performance period, shall be the quality adjustment that would otherwise be applied under this subsection. (5) Feedback (A) Feedback (i) Ongoing feedback Under the process under subsection (m)(5)(H), there shall be provided, as real time as possible, but at least quarterly, to each eligible professional feedback— (I) on the performance of such provider with respect to quality measures and clinical practice improvement activities within the final core measure set published under subsection (k)(9)(F) for the applicable performance period and the peer cohort of such professional; and (II) to assess the progress of such professional under the quality update incentive program with respect to a performance period for a year. (ii) Use of registries and other mechanisms Feedback under this subparagraph shall, to the extent an eligible professional chooses to participate in a data registry for purposes of this subsection (including registries under subsections (k) and (m)), be provided and based on performance received through the use of such registry, and to the extent that an eligible professional chooses not to participate in such a registry for such purposes, be provided through other similar mechanisms that allow for the provision of such feedback and receipt of such performance information. (B) Data mechanism Under the quality update incentive program, there shall be developed an electronic interactive eligible professional mechanism through which such a professional may receive performance data, including data with respect to performance on the measures and activities developed and selected under this section. Such mechanism shall be developed in consultation with private payers and health insurance issuers (as defined in section 2791(b)(2) of the Public Health Service Act) as appropriate. (C) Transfer of funds The Secretary shall provide for the transfer of $100,000,000 from the Federal Supplementary Medical Insurance Trust Fund established in section 1841 to the Center for Medicare & Medicaid Services Program Management Account to support such efforts to develop the infrastructure as necessary to carry out subsection (k)(9) and this subsection and for purposes of section 1889(h). Such funds shall be so transferred on the date of the enactment of this subsection and shall remain available until expended. . (B) Incentive to report under Quality Update Incentive Program Section 1848(a)(8)(A) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(8)(A) ) is amended— (i) in clause (i), by striking With respect to and inserting Subject to clause (iii), with respect to ; and (ii) by adding at the end the following new clause: (iii) Application to eligible professionals not reporting With respect to covered professional services (as defined in subsection (k)(3)) furnished by an eligible professional during 2019 or any subsequent year, if the eligible professional does not submit data for the performance period (as defined in subsection (q)(2)(B)) with respect to such year on, subject to subsection (q)(1)(D), the quality measures and, as applicable, clinical practice improvement activities within the final core measure set under subsection (k)(9)(F) applicable to the peer cohort of such provider, the fee schedule amount for such services furnished by such professional during the year (including the fee schedule amount for purposes of determining a payment based on such amount) shall be equal to 95 percent (in lieu of the applicable percent) of the fee schedule amount that would otherwise apply to such services under this subsection (determined after application of paragraphs (3), (5), and (7), but without regard to this paragraph). The Secretary shall develop a minimum per year caseload threshold, with respect to eligible professionals, and the previous sentence shall not apply to eligible professionals with a caseload for a year below such threshold for such year. . (C) Education on quality update incentive program Section 1889 of the Social Security Act ( 42 U.S.C. 1395zz ) is amended by adding at the end the following new subsection: (h) Quality update incentive program Under this section, information shall be disseminated to educate and assist eligible professionals (as defined in section 1848(k)(3)) about the quality update incentive program under section 1848(q) and quality measures under section 1848(k)(9) through multiple approaches, including a national dissemination strategy and outreach by medicare contractors. . (4) Conforming amendments (A) Treatment of satisfactorily reporting PQRS measures through participation in a qualified clinical data registry Section 1848(m)(3)(D) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3)(D) ) is amended by striking For 2014 and subsequent years and inserting For each of 2014 through 2018 . (B) Coordinating enhanced PQRS reporting with EHR Section 1848(o)(2)(B)(iii) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(2)(B)(iii) ) is amended by striking subsection (k)(2)(C) and inserting subparagraph (C) or (D) of subsection (k)(2) . (C) Coordinating PQRS reporting period with quality update incentive program performance period Section 1848(m)(6)(C) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(6)(C) ) is amended— (i) in clause (i), by striking and (iii) and inserting , (iii), and (iv) ; and (ii) by adding at the end the following new clause: (iv) Coordination with quality update incentive program For 2019 and each subsequent year the reporting period shall be coordinated with the performance period under subsection (q)(2)(B). . (D) Coordinating EHR reporting with quality update incentive program performance period Section 1848(o)(5)(B) of the Social Security Act ( 42 U.S.C. 1395w–4(o)(5)(B) ) is amended by adding at the end the following: Beginning for 2019, the EHR reporting period shall be coordinated with the performance period under subsection (q)(2)(B). . (c) Advancing alternative payment models (1) In general Part B of title XVIII of the Social Security Act (42 U.S.C. 1395w–4 et seq.) is amended by adding at the end the following new section: 1848A. Advancing alternative payment models (a) Payment model choice program Payment for covered professional services (as defined in section 1848(k)) that are furnished by an eligible professional (as defined in such section) under an Alternative Payment Model specified on the list under subsection (h) (in this section referred to as an eligible APM ) shall be made under this title in accordance with the payment arrangement under such model. In applying the previous sentence, such a professional with such a payment arrangement in effect, shall be deemed for purposes of section 1848(a)(8) to be satisfactorily submitting data on quality measures for such covered professional services. (b) Process for implementing eligible APMs (1) In general For purposes of subsection (a) and in accordance with this section, the Secretary shall establish a process under which— (A) a contract is entered into, in accordance with paragraph (2); (B) proposals for potential Alternative Payment Models are submitted in accordance with subsection (c); (C) Alternative Payment Models so proposed are recommended, in accordance with subsection (d), for evaluation, including through the demonstration program under subsection (e), and approval under subsection (f); (D) applicable Alternative Payment Models are evaluated under such demonstration program; (E) models are implemented as eligible APMs in accordance with subsection (f); and (F) a comprehensive list of all eligible APMs is made publicly available, in accordance with subsection (h), for application under subsection (a). (2) Contract with APM contracting entity (A) In general For purposes of paragraph (1)(A), the Secretary shall identify and have in effect a contract with an independent entity that has appropriate expertise to carry out the functions applicable to such entity under this section. Such entity shall be referred to in this section as the APM contracting entity . (B) Timing for first contract As soon as practicable, but not later than one year after the date of the enactment of this section, the Secretary shall enter into the first contract under subparagraph (A). (C) Competitive procedures Competitive procedures (as defined in section 4(5) of the Office of Federal Procurement Policy Act ( 41 U.S.C. 403(5) )) shall be used to enter into a contract under subparagraph (A). (c) Submission of proposed Alternative Payment Models Beginning not later than 90 days after the date the Secretary enters into a contract under subsection (b)(2) with the APM contracting entity, physicians, eligible professional organizations, health care provider organizations, and other entities may submit to the APM contracting entity proposals for Alternative Payment Models for application under this section. Such a proposal of a model shall include suggestions for measures to be used under subsection (e)(1)(B) for purposes of evaluating such model. In reviewing submissions under this subsection for purposes of making recommendations under subsection (d)(1), the contracting entity shall focus on submissions for such models that are intended to improve care coordination and quality for patients through modifying the manner in which physicians and other providers are paid under this title. (d) Recommendation by APM contracting entity of proposed models (1) Recommendation (A) In general Under the process under subsection (b), the APM contracting entity shall at least annually recommend to the Secretary— (i) based on the criteria described in subparagraph (B), Alternative Payment Models submitted under subsection (c) to be evaluated through a demonstration program under subsection (e); and (ii) based on the criteria described in subparagraph (C), Alternative Payment Models submitted under subsection (c) for purposes of implementation under subsection (f), without evaluation through such a demonstration program. Such a recommendation may be made with respect to a model for which a waiver would be required under paragraph (2). (B) Criteria for recommending models for demonstration The APM contracting entity shall make a recommendation under subparagraph (A)(i), with respect to an Alternative Payment Model, only if the entity determines that the model satisfies each of the following criteria: (i) The model has been supported by meaningful clinical and non-clinical data, with respect to a sufficient population sample, that indicates the model would be successful at addressing each of the abilities described in clause (v). (ii) (I) In the case of a model that has already been evaluated and supported by data with respect to a population of individuals enrolled under this part, if the model were evaluated under the demonstration under subsection (e) such a population would represent a sufficient number of individuals enrolled under this part to ensure meaningful evaluation. (II) In the case of a model that has not been so evaluated and supported by data with respect to such a population, the population that would be furnished services under such model if the model were evaluated under the demonstration under subsection (e) would represent a sufficient number of individuals enrolled under this part to ensure meaningful evaluation. (iii) Such model, including if evaluated under the demonstration under subsection (e), would not deny or limit the coverage or provision of benefits under this title for applicable individuals. (iv) The implementation of such model as an eligible APM under this section is expected— (I) to reduce spending under this title without reducing the quality of care; or (II) improve the quality of patient care without increasing spending. (v) The proposal for such model demonstrates— (I) the potential to successfully manage the cost of furnishing items and services under this title so as to not result in expenditures under this title for individuals participating under such APM being greater than expenditures under this title for such individuals if the APM were not implemented; (II) the ability to maintain or improve the overall patient care; and (III) the ability to maintain or improve the quality of care provided to individuals enrolled under this part who participate under such mode. (vi) The model provides for a payment arrangement— (I) covering at least items and services furnished under this part by eligible professionals participating in the model; (II) in the case such payment arrangement does not provide for payment under the fee schedule under section 1848 for such items and services furnished by such eligible professionals, that provides for a payment adjustment based on meaningful EHR use comparable to such adjustment that would otherwise apply under section 1848; and (III) that provides for a payment adjustment based on quality measures comparable to such adjustment that would otherwise apply under section 1848. (C) Criteria for recommending models for approval without evaluation under demonstration The APM contracting entity may make a recommendation under subparagraph (A)(ii), with respect to an Alternative Payment Model, only if the entity determines that the model has already been evaluated for a sufficient enough period and through such evaluation the model was shown— (i) to have satisfied the criteria described in each of clauses (i), (ii), (iii), and (vi) of subparagraph (B); (ii) to demonstrate each of the abilities described in clause (v) of such subparagraph; and (iii) (I) to reduce spending under this title without reducing the quality of care; or (II) improve the quality of patient care without increasing spending. (D) Transparency and disclosures (i) Disclosures Not later than 90 days after receipt of a submission of a model under subsection (c) by an entity, the APM contracting entity shall submit to the Secretary and such entity and make publicly available a notification on whether or not, and if so how, the model meets criteria for recommending such model under subparagraph (A), including whether or not such model requires a waiver under paragraph (2). In the case that the APM contracting entity determines not to recommend such model under this paragraph, such notification shall include an explanation of the reasons for not making such a recommendation. Any information made publicly available pursuant to the previous sentence shall not include proprietary data. (ii) Submission of recommended models The APM contracting entity shall at least quarterly submit to the Secretary, the Medicare Payment Advisory Commission, and the Chief Actuary of the Centers for Medicare & Medicaid Services the following: (I) The models recommended under subparagraph (A)(i), including any such models that require a waiver under paragraph (2), and the data and analyses on such recommended models that support the criteria described in subparagraph (B). (II) The models recommended under subparagraph (A)(ii), including any such models that require a waiver under paragraph (2), and the data and analyses on such recommended models that support the criteria described in subparagraph (C). For any year beginning with 2015 that the APM contracting does not recommend any models under subparagraph (A), the entity shall instead satisfy this clause by submitting to the Secretary and making publicly available an explanation for not having any such recommendations. (2) Models requiring waiver approval (A) In general In the case that an Alternative Payment Model recommended under paragraph (1)(A)(i) would require a waiver from any requirement under this title, in determining approval of such model, the Secretary may make such a waiver in order for such model to be evaluated under the demonstration program (if described in clause (i) of such paragraph). (B) Approval Not later than 90 days after the date of the receipt of such submission for a model, the Secretary shall notify the APM contracting entity and the entity submitting such model under subsection (c) whether or not such a waiver for such model is provided and the reason for any denial of such a waiver. (e) Demonstration (1) In general Subject to paragraphs (5), (6), and (7), the Secretary may conduct a demonstration program, with respect to an Alternative Payment Model approved under paragraph (2), under which participating entities shall be paid under this title in accordance with the payment arrangement under such model and such model shall be evaluated by the independent evaluation entity under paragraph (3). The duration of a demonstration program under this subsection, with respect to such a model, shall be 3 years (or a shorter period, taking into account the applicable recommendation under subsection (d)(1)(A)(i)). (2) Approval by Secretary of models for demonstration Not later than 90 days after the date of receipt of a recommendation under subsection (d)(1)(A)(i), with respect to an Alternative Payment Model, the Secretary shall approve such model for a demonstration program under this subsection only if the Secretary determines the model satisfies the criteria described in subsection (d)(1)(B). The Secretary shall periodically make a available a list of such models so approved. (3) Participating entities To participate under a demonstration program under this subsection, with respect to an Alternative Payment Model, a physician, practitioner, or other supplier shall enter into a contract with the Administrator of the Centers for Medicare & Medicaid Services under this subsection. For purposes of this section, such a physician, practitioner, or supplier who so participates under such an Alternative Payment Model shall be referred to as a participating APM provider . (4) Reporting and evaluation (A) Independent evaluation entity Under this subsection, the Secretary shall enter into a contract with an independent entity to evaluate Alternative Payment Models under demonstration programs under this subsection based on appropriate measures specified under subparagraph (B). In this section, such entity shall be referred to as the independent evaluation entity . Such contract shall be entered into in a timely manner so as to ensure evaluation of an Alternative Payment Model under a demonstration program under this subsection may begin as soon as possible after the model is approved under paragraph (2). (B) Performance measures For purposes of this subsection, the Secretary shall specify— (i) measures to evaluate Alternative Payment Models under demonstration programs under this subsection, which may include measures suggested under subsection (c) and shall be sufficient to allow for a comprehensive assessment of such a model; and (ii) quality measures on which participating entities shall report, which shall be similar to measures applicable under section 1848(k). (C) Reporting requirements A contract entered into with a participating APM provider under paragraph (3) shall require such provider to report on appropriate measures specified under subparagraph (B). (D) Periodic review The independent evaluation entity shall periodically review and analyze and submit such analysis to the Secretary and the participating entities involved data reported under subparagraph (C) and such other data as deemed necessary to evaluate the model. (E) Final evaluation Not later than 6 months after the date of completion of a demonstration program, the independent evaluation entity shall submit to the Secretary, the Medicare Payment Advisory Commission, and the Chief Actuary of the Centers for Medicare & Medicaid Services (and make publicly available) a report on each model evaluated under such program. Such report shall include— (i) outcomes on the clinical and claims data received through such program with respect to such model; (ii) recommendations on— (I) whether or not such model should be implemented as an eligible APM under this section; or (II) whether or not the evaluation of such model under the demonstration program should be extended or expanded; (iii) the justification for each such recommendation described in clause (ii); and (iv) in the case of a recommendation to implement such model as an eligible APM, recommendations on standardized rules for purposes of such implementation. (5) Approval of extending evaluation under demonstration Not later than 90 days after the date of receipt of a submission under paragraph (4)(E), the Secretary shall, including based on a recommendation submitted under such paragraph, determine whether an Alternative Payment Model may be extended or expanded under the demonstration program. (6) Termination The Secretary shall terminate a demonstration program for a model under this subsection unless the Secretary determines (and the Chief Actuary of the Centers for Medicare & Medicaid Services, with respect to program spending under this title, certifies), after testing has begun, that the model is expected to— (A) improve the quality of care (as determined by the Administrator of the Centers for Medicare & Medicaid Services) without increasing spending under this title; (B) reduce spending under this title without reducing the quality of care; or (C) improve the quality of care and reduce spending. Such termination may occur at any time after such testing has begun and before completion of the testing. (7) Funding (A) In general There are appropriated, from amounts in the Federal Supplementary Medical Insurance Trust Fund under section 1841 not otherwise appropriated, $2,000,000,000 for the purposes described in subparagraph (B), of which no more than 2.5 percent may be used for the purpose described in clause (iii) of such subparagraph. Amounts transferred under this subparagraph shall be available until expended. (B) Purposes Amounts appropriated under subparagraph (A) shall be used for— (i) payments for items and services furnished by participating entities under an Alternative Payment Model under a demonstration program under this subsection that— (I) would not otherwise be eligible for payment under this title; or (II) exceed the amount of payment that would otherwise be made for such items and services under this title if such items and services were not furnished under such demonstration program; (ii) the evaluations provided for under this section of models under such a demonstration program; (iii) payment to the contracting entity for carrying out its duties under this section; and (iv) for otherwise carrying out this subsection. (C) Limitation The amounts appropriated under subparagraph (A) are the only amounts authorized or appropriated to carry out the purposes described in subparagraph (B). (f) Implementation of recommended models as eligible APMs (1) In general Not later than the applicable date under paragraph (2), the Secretary shall, implement an Alternative Payment Model recommended under subsection (d)(1)(A)(ii) or (e)(4)(E)(ii)(I) as an eligible APM only if— (A) the Secretary determines that such model is expected to— (i) reduce spending under this title without reducing the quality of care; or (ii) improve the quality of patient care without increasing spending; (B) the Chief Actuary of the Centers for Medicare & Medicaid Services certifies that such model would reduce (or would not result in any increase in) program spending under this title; and (C) the Secretary determines that such model would not deny or limit the coverage or provision of benefits under this title for applicable individuals. Not later than 90 days after the date of issuance of a proposed rule, with respect to an Alternative Payment Model, the Medicare Payment Advisory Commission shall submit comments to Congress and the Secretary evaluating the reports from the contracting entity and independent evaluation entity on such model regarding the model’s impact on expenditures and quality of care under this title. (2) Applicable date For purposes of paragraph (1), the applicable date under this paragraph— (A) for an Alternative Payment Model recommended under subsection (d)(1)(A)(ii) is 90 days after the date of submission of such recommendation; and (B) for an Alternative Payment Model recommended under subsection (e)(4)(E)(ii)(I) is 90 days after the date of submission of such recommendation (3) Justification for disapprovals In the case that an Alternative Payment Model recommended under subsection (d)(1)(A)(ii) or (e)(4)(E)(ii)(I) is not implemented as an eligible APM under this subsection, the Secretary shall make publicly available the rational, in detail, for such decision. (g) Periodic review and termination (1) Periodic review In the case of an Alternative Payment Model that has been implemented, the Secretary and the Chief Actuary of the Centers for Medicare & Medicaid Services shall review such model every 3 years to determine (and certify, in the case of the Chief Actuary and spending under this title), for the previous 3 years, whether the model has— (A) reduced the quality of care, or (B) increased spending under this title, compared to the quality of care or spending that would have resulted if the model had not been implemented. (2) Termination (A) Quality of care reduction termination If based upon such review the Secretary determines under paragraph (1)(A) that the model has reduced the quality of care, the Secretary may terminate such model. (B) Spending increase termination Unless such Chief Actuary certifies under paragraph (1)(B) that the expenditures under this title under the model do not exceed the expenditures that would otherwise have been made if the model had not been implemented for the period involved, the Secretary shall terminate such model. (h) Dissemination of eligible APMs Under this section there shall be established a process for specifying, and making publicly available a list of, all eligible APMs, which shall include at least those implemented under subsection (f) and demonstrations carried out with respect to payments under section 1848 through authority in existence as of the day before the date of the enactment of this section. Under such process such list shall be periodically updated and, beginning with January 1, 2015, and annually thereafter, such list shall be published in the Federal Register. . (2) Conforming amendment Section 1848(a)(1) of the Social Security Act ( 42 U.S.C. 1395w–4(a)(1) ) is amended by striking shall instead and inserting shall, subject to section 1848A, instead . 3. Expanding availability of Medicare data (a) Expanding uses of Medicare data by qualified entities (1) In general To the extent consistent with applicable information, privacy, security, and disclosure laws, beginning with 2014, notwithstanding the second sentence of paragraph (4)(D) of section 1874(e) of the Social Security Act ( 42 U.S.C. 1395kk(e) ), a qualified entity may use data received by such entity under such section, and information derived from the evaluation described in such paragraph (4)(D), for additional analyses (as determined appropriate by the Secretary of Health and Human Services) that such entity may provide or sell to providers of services and suppliers (including for the purposes of assisting providers of services and suppliers to develop and participate in quality and patient care improvement activities, including developing new models of care). (2) Definitions In this section: (A) The term qualified entity has the meaning given such term in section 1874(e)(2) of the Social Security Act ( 42 U.S.C. 1395kk(e) ). (B) The terms supplier and provider of services have the meanings given such terms in subsections (d) and (u), respectively, of section 1861 of the Social Security Act ( 42 U.S.C. 1395x ). (b) Access to Medicare data to providers of services and suppliers To facilitate development of alternative payment models and to qualified clinical data registries To facilitate quality improvement Consistent with applicable laws and regulations with respect to privacy and other relevant matters, the Secretary shall provide Medicare claims data for non-public use (in a form and manner determined to be appropriate) to— (1) qualified entities, that may share with providers of services and suppliers that are registered or authorized users or subscribers, in order to facilitate the development of new models of care (including development of Alternate Payment Models under section 1848A of the Social Security Act, models for small group specialty practices, and care coordination models); and (2) qualified clinical data registries under section 1848(m)(3)(E) of the Social Security Act (42 U.S.C. 1395w–4(m)(3)(E)) for purposes of linking such data with clinical outcomes data and performing analysis and research to support quality improvement. 4. Encouraging care coordination and medical homes Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) ) is amended by adding at the end the following new paragraph: (8) Encouraging care coordination and medical homes (A) In general In order to promote the coordination of care by an applicable physician (as defined in subparagraph (B)) for individuals with complex chronic care needs who are furnished items and services by multiple physicians and other suppliers and providers of services, the Secretary shall— (i) develop one or more HCPCS codes for complex chronic care management services for individuals with complex chronic care needs; and (ii) for such services furnished on or after January 1, 2015, by an applicable physician, make payment (as the Secretary determines to be appropriate) under the fee schedule under this section using such HCPCS codes. (B) Applicable physician defined For purposes of this paragraph, the term applicable physician means a physician (as defined in section 1861(r)(1)) who— (i) is certified as a medical home (by achieving an accreditation status of level 3 by the National Committee for Quality Assurance); (ii) is recognized as a patient-centered specialty practice by the National Committee for Quality Assurance; (iii) has received equivalent certification (as determined by the Secretary); or (iv) meets such other comparable qualifications as the Secretary determines to be appropriate. (C) Budget neutrality The budget neutrality provision under subsection (c)(2)(B)(ii)(II) shall apply in establishing the payment under subparagraph (A)(ii). (D) Single applicable physician payment In carrying out this paragraph, the Secretary shall only make payment to a single applicable physician for complex chronic care management services furnished to an individual. . 5. Miscellaneous (a) Solicitations, recommendations, and reports (1) Solicitation for recommendations on episodes of care definition The Administrator of the Centers for Medicare & Medicaid Services shall request eligible professional organizations (as defined in section 1848(k)(3) of the Social Security Act (42 U.S.C. 1395w–4(k)(3))) and other relevant stakeholders to submit recommendations for defining non-acute related episodes of care for purposes of applying such definition under subsections (k) and (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) and section 1848A of such Act, as added by subsections (b) and (c) of section 2. (2) Solicitation for recommendations on provider fee schedule payment bundles (A) In general The Administrator of the Centers for Medicare & Medicaid Services shall solicit from eligible professional organizations (as defined in section 1848(k)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(k)(3) )) recommendations for payment bundles for chronic conditions and expensive, high-volume services for which payment is made under title XVIII of such Act. (B) Report to Congress Not later than 24 months after the date of the enactment of this Act, the Administrator shall submit to Congress a report proposals for such payment bundles. (3) Reports on Modified PFS System and payment system alternatives (A) Biannual progress reports Not later than January 15, 2016, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress and post on the public Internet website of the Centers for Medicare & Medicaid Services a biannual progress report— (i) on the implementation of paragraph (9) of section 1848(k) of the Social Security Act ( 42 U.S.C. 1395w–4(k) ), as added by section 2(b)(2), and the quality update incentive program under subsection (q) of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ), as added by section 2(b)(3); (ii) that includes an evaluation of such paragraph and such quality update incentive program and recommendations with respect to such program and appropriate update mechanisms; and (iii) on the actions taken to promote and fulfill the identification of eligible APMs under section 1848A of the Social Security Act, as added by section 2(c), for application under such section 1848A. (B) GAO and MedPAC reports (i) GAO report on initial stages of program The Comptroller General of the United States shall submit to Congress a report analyzing the extent to which the system under section 1848(k)(9) of the Social Security Act ( 42 U.S.C. 1395w–4(k)(9) ) and such quality update incentive program under section 1848(q) of the Social Security Act, as added by section 2(b), as of such date, is successfully satisfying performance objectives, including with respect to— (I) the process for developing and selecting measures and activities under subsection (k)(9) of section 1848 of such Act (42 U.S.C. 1395w–4); (II) the process for assessing performance against such measures and activities under subsection (q) of such section; and (III) the adequacy of the measures and activities so selected. (ii) Evaluation by GAO and MedPAC on implementation of quality update incentive program (I) GAO The Comptroller General of the United States shall evaluate the initial phase of the quality update incentive program under subsection (q) of section 1848 of the Social Security Act (42 U.S.C. 1395w–4) and shall submit to Congress, not later than 2019, a report with recommendations for improving such quality update incentive program. (II) MedPAC In the course of its March Report to Congress on Medicare payment policy, MedPAC shall analyze the initial phase of such quality update incentive program and make recommendations, as appropriate, for improving such quality update incentive program. (iii) MedPAC report on payment system alternatives (I) In general Not later than June 15, 2016, the Medicare Payment Advisory Commission shall submit to Congress a report that analyzes multiple options for alternative payment models in lieu of section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ). In analyzing such models, the Medicare Payment Advisory Commission shall examine at least the following models: (aa) Accountable care organization payment models. (bb) Primary care medical home payment models. (cc) Bundled or episodic payments for certain conditions and services. (dd) Gainsharing arrangements (II) Items to be included Such report shall include information on how each recommended new payment model will achieve maximum flexibility to reward high-quality, efficient care. (C) Tracking expenditure growth and access Beginning in 2015, the Chief Actuary of the Centers for Medicare & Medicaid Services shall track expenditure growth and beneficiary access to physicians’ services under section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) and shall post on the public Internet website of the Centers for Medicare & Medicaid Services annual reports on such topics. (b) Relative values under the Medicare physician fee schedule (1) Eligible physicians reporting system to improve accuracy of relative values Section 1848(c) of the Social Security Act (42 U.S.C. 1395w–4(c)) is amended by adding at the end the following new paragraph: (8) Physician reporting system to improve accuracy of relative values (A) In general The Secretary shall implement a system for the periodic reporting by physicians of data on the accuracy of relative values under this subsection, such as data relating to service volume and time. Such data shall be submitted in a form and manner specified by the Secretary and shall, as appropriate, incorporate data from existing sources of data, patient scheduling systems, cost accounting systems, and other similar systems. (B) Identification of reporting cohort Not later than January 1, 2015, the Secretary shall establish a mechanism for physicians to participate under the reporting system under this paragraph, all of whom shall collectively be referred to under this paragraph as the reporting group . The reporting group shall include physicians across settings that collectively represent a range of specialties and practitioner types, furnish a range of physicians’ services, and serve a range of patient populations. (C) Incentive to report Under the system under this paragraph, the Secretary may provide for such payments under this part to physicians included in the reporting group as the Secretary determines appropriate to compensate such physicians for reporting data under the system. Such payments shall be provided in such form and manner as specified by the Secretary. In carrying out this subparagraph, reporting by such a physician under this paragraph shall not be treated as the furnishing of physicians’ services for purposes of applying this section. (D) Funding To carry out this paragraph (other than with respect to payments made under subparagraph (C)), in addition to funds otherwise appropriated, the Secretary shall provide for the transfer from the Federal Supplementary Medical Insurance Trust Fund under section 1841 of $1,000,000 to the Centers for Medicare & Medicaid Services Program Management Account for each fiscal year beginning with fiscal year 2014. Amounts transferred under this subparagraph for a fiscal year shall be available until expended. . (2) Relative value adjustments for misvalued physicians’ services (A) In general Section 1848(c)(2) of the Social Security Act (42 U.S.C. 1395w–4(c)(2)) is amended by adding at the end the following new subparagraph: (M) Adjustments for misvalued physicians’ services With respect to fee schedules established for 2016, 2017, and 2018, the Secretary shall— (i) identify, based on the data reported under paragraph (8) and other relevant data, misvalued services for which adjustments to the relative values established under this paragraph would result in a net reduction in expenditures under the fee schedule under this section, with respect to such year, of not more than 1 percent of the projected amount of expenditures under such fee schedule for such year; and (ii) make such adjustments for each such year so as to result in such a net reduction for such year. . (B) Budget neutrality Section 1848(c)(2)(B)(v) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(v) ) is amended by adding at the end the following new subclause: (VIII) Reductions for misvalued physicians’ services Reduced expenditures attributable to subparagraph (M). . (c) Rule of construction regarding health care provider standards of care (1) In general The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice or medical product liability action or claim. (2) Definitions For purposes of this subsection: (A) The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I and subtitle B of title III of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), and titles XVIII and XIX of the Social Security Act. (B) The term health care provider means any individual or entity— (i) licensed, registered, or certified under Federal or State laws or regulations to provide health care services; or (ii) required to be so licensed, registered, or certified but that is exempted by other statute or regulation. (C) The term medical malpractice or medical liability action or claim means a medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11151(7) )) and includes a liability action or claim relating to a health care provider’s prescription or provision of a drug, device, or biological product (as such terms are defined in section 201 of the Federal Food, Drug, and Cosmetic Act or section 351 of the Public Health Service Act). (D) The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. (3) No preemption No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), title I or subtitle B of title III of the Health Care and Education Reconciliation Act of 2010 ( Public Law 111–152 ), or title XVIII or XIX of the Social Security Act shall be construed to preempt any State or common law governing medical professional or medical product liability actions or claims.

https://www.govinfo.gov/content/pkg/BILLS-113hr2810ih/xml/BILLS-113hr2810ih.xml

113-hr-2811

I 113th CONGRESS 1st Session H. R. 2811 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Cohen (for himself, Mr. Huffman , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Appropriations A BILL Making supplemental appropriations for the National Institutes of Health for the fiscal year ending September 30, 2013, and for other purposes. 1. Short title This Act may be cited as the Research First Act of 2013 . 2. Findings The Congress finds as follows: (1) In fiscal year 2013, the budget of the National Institutes of Health was decreased by approximately $1.55 billion pursuant to section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ). (2) The National Institutes of Health is the true Department of Defense for the citizens of the United States, conducting vital research to fight the enemy of disease and protect the infrastructure of the human body. Such research funding should not be slashed while the Pentagon budget continues to increase. (3) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as suggested by the Department of Defense’s January 2012 strategic guidance titled Sustaining U.S. Global Leadership: Priorities for 21st Century Defense . (4) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. Significant savings can also be found by reducing expenditures on weapons which the military has not requested such as the Abrams Tank, bringing military and infrastructure operations in Afghanistan to a close, and decreasing the Nation’s reliance on expensive, private contractors. 3. Supplemental appropriations for the National Institutes of Health There is appropriated to the National Institute of Health, for an additional amount for the purpose of carrying out title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ), $1,550,000,000, out of any money in the Treasury not otherwise appropriated, for fiscal year 2013. 4. Rescissions Of the unobligated balances of the following accounts, the following amounts are rescinded: (1) Department of Defense—Overseas Contingency Operations—Operation and Maintenance—Afghanistan Infrastructure Fund , $400,000,000. (2) Department of Defense , $1,150,000,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr2811ih/xml/BILLS-113hr2811ih.xml

113-hr-2812

I 113th CONGRESS 1st Session H. R. 2812 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Ms. Jackson Lee (for herself, Mr. Cummings , Ms. Bass , Mr. Ellison , Mr. Lewis , Mr. Johnson of Georgia , Mr. Gutiérrez , Ms. Hahn , Mr. Lowenthal , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To encourage States to prohibit stand your ground laws and require neighborhood watch programs to register with local law enforcement agencies and the Department of Justice, to direct the Attorney General to study such laws, and for other purposes. 1. Short title This Act may be cited as the Justice Exists for All of Us Act of 2013 . 2. State stand your ground laws and neighborhood watch registration (a) In general For each fiscal year after the expiration of the period of implementation specified in subsection (b) , a State shall— (1) not have in effect throughout the State any law or policy that allows a person to use deadly force when such person is threatened that does not impose a duty to retreat before using such force in any place where such person is lawfully present (commonly known as stand your ground laws ), except that a State may have in place a law or policy that permits a victim of domestic violence to use deadly force when such victim is threatened and does not impose a duty on the victim to retreat before using such force in any place where such victim is lawfully present; and (2) have in effect throughout the State laws and policies that make it unlawful to establish, organize, operate, or participate in a neighborhood watch program unless such program is registered with— (A) the local law enforcement agency that has jurisdiction over the neighborhood in which the program is located; and (B) the Department of Justice, in accordance with regulations promulgated by the Attorney General. (b) Period for implementation by States (1) Deadline Each State shall implement this section before 3 years after the date of the enactment of this Act. (2) Extensions The Attorney General may authorize up to two 1-year extensions of the deadline in paragraph (1) . (c) Failure of State To comply (1) In general For any fiscal year after the end of the period for implementation under subsection (b) , a State that fails, as determined by the Attorney General, to substantially implement this section shall not receive 20 percent of the funds that would otherwise be allocated for that fiscal year to the State under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.). (2) State constitutionality (A) In general When evaluating whether a State has substantially implemented this section, the Attorney General shall consider whether the State is unable to substantially implement this section because of a demonstrated inability to implement certain provisions that would place the State in violation of its constitution, as determined by a ruling of the State's highest court. (B) Efforts If the circumstances arise under subparagraph (A) , then the Attorney General and the State shall make good faith efforts to accomplish substantial implementation of this section and to reconcile any conflicts between this section and the State's constitution. In considering whether compliance with the requirements of this section would likely violate the State's constitution or an interpretation thereof by the State's highest court, the Attorney General shall consult with the chief executive and chief legal officer of the State concerning the State's interpretation of the State's constitution and rulings thereon by the State's highest court. (C) Alternative procedures If the State is unable to substantially implement this section because of a limitation imposed by the State's constitution, the Attorney General may determine that the State is in compliance with this Act if the State has implemented, or is in the process of implementing, reasonable alternative procedures or accommodations that are consistent with the purposes of this Act. (D) Funding reduction If a State does not comply with subparagraph (C) , then the State shall be subject to a funding reduction as specified in paragraph (1) . (3) Reallocation Amounts not allocated under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) to a State for failure to substantially implement this section shall be reallocated under such subpart to States that have not failed to substantially implement this section or may be reallocated to a State from which they were withheld to be used solely for the purpose of implementing this section. (d) Definition of State In this section the term State shall have the meaning given such term in section 901(a) of Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3791(a) et seq.). 3. Study on stand your ground laws (a) Authority Not later than one year after the date of enactment of this Act, the Attorney General shall conduct a study of State laws that allow a person to use deadly force when such person is threatened and do not impose a duty to retreat before using such force in any place where such person is lawfully present (commonly known as stand your ground laws ). (b) Contents of study In conducting the study under subsection (a), the Attorney General shall examine each of the following: (1) The effect that stand your ground laws have on rates of violent deaths, including determining whether States that have stand your ground laws have higher rates of violent deaths than States that do not have such laws. (2) Whether women and minorities are targets of the force authorized by stand your ground laws at a higher rate than the general population. (c) Report Not later than 180 days after completing the study conducted under subsection (a), the Attorney General shall report the findings of such study to Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr2812ih/xml/BILLS-113hr2812ih.xml

113-hr-2813

I 113th CONGRESS 1st Session H. R. 2813 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Cotton introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Water Supply Act of 1958 to establish a mechanism to permit State and local interests to release to the United States future water storage rights associated with Corps of Engineers reservoir projects. 1. Future water supply Section 301 of the Water Supply Act of 1958 ( 43 U.S.C. 390b ) 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) Release of future water storage (1) Establishment of 10-year plans for the utilization of future storage (A) In general Beginning 180 days after the date of enactment of this subsection and not later than January 1, 2016, an interested State or local interest may submit to the Secretary a plan for the utilization of future use water storage under this Act. (B) Contents A plan submitted under subparagraph (A) shall include— (i) a 10-year timetable for conversion of future use storage to present use; and (ii) a schedule of actions that the State or local interest agrees to carry out over a 10-year period, in cooperation with the Corps of Engineers, to seek new and alternative users of future water storage that is contracted to the State or local interest on the date of enactment of this subsection. (2) Release of future water storage For Corps of Engineers projects, for the period beginning on January 1, 2026, and ending on December 31, 2028, a State or local interest that the Secretary determines has carried out the obligations of the State or local interest under an applicable plan described in paragraph (1) may notify the Secretary of the Army that the State or local interest seeks to release to the United States any right of the State or local interest to future water storage under this Act that— (A) was allocated for future use water supply prior to November 17, 1986; and (B) as of December 31, 2025, has not been allocated or used. (3) Administration On receipt of a notification under paragraph (2) by the Secretary of the Army— (A) the request of the applicable State or local interest to release future water storage rights shall be considered to be approved; and (B) the applicable State or local interest shall not be responsible for the cost of any water storage rights released under this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2813ih/xml/BILLS-113hr2813ih.xml

113-hr-2814

I 113th CONGRESS 1st Session H. R. 2814 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Crawford (for himself, Mr. Cotton , Mr. Griffin of Arkansas , and Mr. Womack ) 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 100 North Main Street in Strawberry, Arkansas, as the Noel Austin Harris, Jr. Post Office . 1. Noel Austin Harris, Jr. Post Office (a) Designation The facility of the United States Postal Service located at 100 North Main Street in Strawberry, Arkansas, shall be known and designated as the Noel Austin Harris, Jr. Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Noel Austin Harris, Jr. Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr2814ih/xml/BILLS-113hr2814ih.xml

113-hr-2815

I 113th CONGRESS 1st Session H. R. 2815 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Al Green of Texas (for himself, Mrs. Carolyn B. Maloney of New York , Mr. Danny K. Davis of Illinois , Mr. Carson of Indiana , Mr. Perlmutter , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize a pilot program to improve asset recovery levels, asset management, and homeownership retention with respect to delinquent single-family mortgages insured under the FHA mortgage insurance programs by providing for in-person contact outreach activities with mortgagors under such mortgages, and for other purposes. 1. Short title This Act may be cited as the FHA In-Person Servicing Improvement Act of 2013 . 2. Pilot program (a) Authority The Secretary of Housing and Urban Development shall carry out a pilot program under this section to use the authority under section 204(a)(2) of the National Housing Act ( 12 U.S.C. 1710(a)(2) ) to make payments to a qualified entity or entities to compensate for their costs of making in-person contact with mortgagors whose payments under covered mortgages are more than 60 days past due, for the purpose of— (1) identifying mortgagors eligible for loan modifications or refinances and providing packages to the mortgagee for such purposes; (2) identifying mortgagers not eligible for a loan modification or refinance but willing to engage in pre-foreclosure sales or deeds in lieu of foreclosure, and providing information to the mortgagee in order to facilitate such actions; (3) identifying whether a home’s current occupant is the mortgagor or a renter, and if not occupied, taking steps to locate and make contact with the mortgagor; (4) providing information to the Secretary and the mortgagee regarding the condition of the home, in order to facilitate any actions needed to prevent the deterioration and loss of value of the home and assist the Department more generally in its asset management responsibilities; and (5) providing all relevant information on mortgagors and homes to the mortgagee on the loan and the Secretary in a format, approved by the Secretary, which helps improve asset management and maximize asset recovery of these delinquent loans. (b) Qualified entities For purposes of this section, the term qualified entity means a single entity or a consortia or partnership of entities that— (1) have experience in carrying out the activities identified in subsection (a); (2) are not affiliated with the mortgagor under any of the covered mortgages for which it is authorized to carry out actions under the pilot program under this section; and (3) comply with all relevant State and Federal laws. (c) Selection of a qualified entity or entities (1) Scope The Secretary shall have the discretion to select qualified entities to participate in the pilot program under this section. (2) Criteria Such selection shall be based on the qualifications and experience of the entity or entities to carry out the specific activities identified in subsection (a), including the level of infrastructure capability in reporting detailed information on the mortgage loan, underlying property, and the mortgagor. (3) Participating loans The Secretary shall make available not less than 50,000 and not more than 100,000 loans that meet the delinquency criteria of subsection (a) for this pilot program. (4) Timing The Secretary shall select the qualified entity and entities and make available loans under the pilot for their performance within 90 days of the enactment of the Act. (d) Payments Payments to the entity or entities selected to carry out the pilot program under this section may be based on— (1) a flat amount per covered mortgage; (2) a performance success basis based on— (A) completed packages; or (B) completed loan modifications, pre-foreclosure sales, and deeds in lieu of foreclosure; or (3) a combination of the methods under paragraphs (1) and (2). (e) Prohibition on fees Entities selected to participate in the pilot program under this section may not charge any fees or require any payments, directly or indirectly, from the mortgagor or the mortgagee of a covered mortgage in connection any activities under the program. (f) HUD review and reporting The Secretary shall publish periodic updates on the status of the pilot program under this section, commencing not later than 30 days after the completion of actions under subsection (c)(1) and (c)(3), and thereafter not less often than every 90 until termination of the pilot program under subsection (h). Not later than 60 days after termination of the pilot program, the Secretary shall submit to the Congress and make publicly available a final report on the pilot program, including information and analysis of performance characteristics, which may include comparisons of estimated asset recovery levels under the pilot program compared to comparable loans not included in the pilot and loans that have gone through loan sales. (g) Definitions For purposes of this section, the following definitions shall apply: (1) Covered mortgage The term covered mortgage means a mortgage on a 1- to 4-family residence insured under subsection (b) or (k) of section 203, section 234(c), or 251 of the National Housing Act (12 U.S.C. 1709 (b) or (k), 1715y(c), 1715z–16). (2) Secretary The term Secretary means the Secretary of Housing and Urban Development. (h) Termination The Secretary may not make any payments under the pilot program under this section to any qualified entity for any in-person contact with a mortgagor that occurs after the expiration of the 24-month period beginning upon the completion of the actions under subsection (c)(1) and (c)(3).

https://www.govinfo.gov/content/pkg/BILLS-113hr2815ih/xml/BILLS-113hr2815ih.xml

113-hr-2816

I 113th CONGRESS 1st Session H. R. 2816 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Al Green of Texas (for himself, Ms. Chu , Mr. Hinojosa , Mr. Danny K. Davis of Illinois , Mr. Carson of Indiana , Mr. Cleaver , Mr. Perlmutter , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To extend the pilot program under section 258 of the National Housing Act that establishes an automated process for providing alternative credit rating information for mortgagors and prospective mortgagors under certain mortgages. 1. Short title This Act may be cited as the FHA Alternative Credit Pilot Program Reauthorization Act of 2013 . 2. Extension of pilot program Section 258(d) of the National Housing Act ( 12 U.S.C. 1715z–24(d) ) is amended by striking 5-year and inserting 10-year .

https://www.govinfo.gov/content/pkg/BILLS-113hr2816ih/xml/BILLS-113hr2816ih.xml

113-hr-2817

I 113th CONGRESS 1st Session H. R. 2817 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Harris introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to remove the non-discrimination requirements relating to health care providers. 1. Short title This Act may be cited as the Protect Patient Access to Quality Health Professionals Act of 2013 . 2. Removing non-discrimination requirements relating to health care providers Section 2706 of the Public Health Service Act ( 42 U.S.C. 300gg–5 ) is amended by striking Non-discrimination in health care and all that follows through The provisions of section 1558 and inserting the following: Non-discrimination in health care. The provisions of section 1558 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2817ih/xml/BILLS-113hr2817ih.xml

113-hr-2818

I 113th CONGRESS 1st Session H. R. 2818 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , Financial Services , Foreign Affairs , Energy and Commerce , Education and the Workforce , Transportation and Infrastructure , 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 repeal the USA PATRIOT Act and the FISA Amendments Act of 2008, and for other purposes. 1. Short title This Act may be cited as the Surveillance State Repeal Act . 2. Repeal of USA PATRIOT Act The USA PATRIOT Act ( Public Law 107–56 ) 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. 3. Repeal of the FISA Amendments Act of 2008 (a) Repeal The FISA Amendments Act of 2008 (Public Law 110–261; 122 Stat. 2477) 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) Exception Subsection (a) of this Act shall not apply to sections 103 and 110 of the FISA Amendments Act of 2008 ( Public Law 110–261 ; 122 Stat. 2477). 4. Terms of judges on Foreign Intelligence Surveillance Court; reappointment; Special Masters (a) Terms; reappointment Section 103(d) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(d) ) is amended— (1) by striking maximum of seven and inserting maximum of ten ; and (2) by striking and shall not be eligible for redesignation . (b) Special Masters Section 103(f) of such Act, as amended by section 3 of this Act, is further amended by adding at the end the following new paragraph: (4) Special Masters (A) The courts established pursuant to subsections (a) and (b) may appoint one or more Special Masters to advise the courts on technical issues raised during proceedings before the courts. (B) In this paragraph, the term Special Master means an individual who has technological expertise in the subject matter of a proceeding before a court established pursuant to subsection (a) or (b). . 5. Electronic surveillance of specified persons without regard to specific device Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805(c)(2)(B) ) is amended to read as follows: (B) that, upon the request of the applicant, any person or entity shall furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance; . 6. Additional provisions for collections under the Foreign Intelligence Surveillance Act of 1978 (a) In general Title VII of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as amended by section 3 of this Act, is further amended to read as follows: VII Additional Provisions 701. Warrant requirement Notwithstanding any other provision of this Act, no information relating to a United States person may be acquired pursuant to this Act without a valid warrant based on probable cause. . (b) Table of contents amendments The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ), as amended by section 3 of this Act, is further amended by striking the items relating to title VII and section 701 and inserting the following new items: TITLE VII—ADDITIONAL PROVISIONS 701. Warrant requirement. . 7. Encryption and privacy technology of electronic devices and software Notwithstanding any other provision of law, the Federal Government shall not mandate that the manufacturer of an electronic device or software for an electronic device build into such device or software a mechanism that allows the Federal Government to bypass the encryption or privacy technology of such device or software. 8. GAO compliance evaluations (a) In general The Comptroller General of the United States shall annually evaluate compliance by the Federal Government with the provisions of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ). (b) Report The Comptroller General shall annually submit to Congress a report containing the results of the evaluation conducted under subsection (a). 9. Whistleblower complaints (a) Authorization To report complaints or information An employee of or contractor to an element of the intelligence community that has knowledge of the programs and activities authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may submit a covered complaint— (1) to the Comptroller General of the United States; (2) to the Permanent Select Committee on Intelligence of the House of Representatives; (3) to the Select Committee on Intelligence of the Senate; or (4) in accordance with the process established under section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)). (b) Investigations and reports to Congress The Comptroller General shall investigate a covered complaint submitted pursuant to subsection (b)(1) and shall submit to Congress a report containing the results of the investigation. (c) Covered complaint defined In this section, the term covered complaint means a complaint or information concerning programs and activities authorized by the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) that an employee or contractor reasonably believes is evidence of— (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. 10. Prohibition on interference with reporting of waste, fraud, abuse, or criminal behavior (a) In general Notwithstanding any other provision of law, an officer or employee of an element of the intelligence community shall be subject to administrative sanctions, up to and including termination, for taking retaliatory action against an employee of or contractor to an element of the intelligence community who seeks to disclose or discloses covered information to— (1) the Comptroller General; (2) the Permanent Select Committee on Intelligence of the House of Representatives; (3) the Select Committee on Intelligence of the Senate; or (4) the Office of the Inspector General of the Intelligence Community. (b) Definitions In this section: (1) Covered information The term covered information means any information (including classified or sensitive information) that an employee or contractor reasonably believes is evidence of— (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (2) Intelligence community The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr2818ih/xml/BILLS-113hr2818ih.xml

113-hr-2819

I 113th CONGRESS 1st Session H. R. 2819 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Johnson of Ohio (for himself, Mr. Chabot , Mr. Turner , Mr. Renacci , Mr. Joyce , Mrs. Beatty , Mr. Latta , Mr. Jordan , Mr. Ryan of Ohio , Mr. Wenstrup , Mr. Stivers , Mr. Tiberi , Ms. Fudge , Ms. Kaptur , and Mr. Gibbs ) 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 275 Front Street in Marietta, Ohio, as the Veterans Memorial Post Office Building . 1. Veterans Memorial Post Office Building (a) Designation The facility of the United States Postal Service located at 275 Front Street in Marietta, Ohio, shall be known and designated as the Veterans Memorial 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 Veterans Memorial Post Office Building .

https://www.govinfo.gov/content/pkg/BILLS-113hr2819ih/xml/BILLS-113hr2819ih.xml

113-hr-2820

I 113th CONGRESS 1st Session H. R. 2820 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Mr. Ribble (for himself and Mr. Harris ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for equity relating to medical costs. 1. Short title This Act may be cited as the Health Equity Act of 2013 . 2. Deduction for health insurance costs in computing self-employment taxes made permanent (a) In general Subsection (l) of section 162 of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and by redesignating paragraph (5) as paragraph (4). (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. 3. Deduction for qualified health insurance costs of individuals (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: 224. Costs of qualified health insurance (a) In general In the case of an individual, there shall be allowed as a deduction an amount equal to the amount paid during the taxable year for coverage for the taxpayer, his spouse, and dependents under qualified health insurance. (b) Qualified health insurance For purposes of this section— (1) In general The term qualified health insurance means insurance which constitutes medical care. (2) Exception (A) In general Paragraph (1) shall not apply to insurance substantially all of the coverage of which is of excepted benefits described in section 9832(c). (B) Vision and dental benefits allowed Subparagraph (A) shall not apply to benefits described in section 9832(c)(2)(A). (c) Special rules (1) Coordination with medical deduction, etc Any amount paid by a taxpayer for insurance to which subsection (a) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 162(l) or 213(a). Any amount taken into account in determining the credit allowed under section 35 or 36B shall not be taken into account for purposes of this section. (2) Deduction not allowed for self-employment tax purposes The deduction allowable by reason of this section shall not be taken into account in determining an individual’s net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. . (b) Deduction allowed in computing adjusted gross income Subsection (a) of section 62 of such Code is amended by inserting before the last sentence the following new paragraph: (22) Costs of qualified health insurance The deduction allowed by section 224. . (c) Clerical amendment The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and inserting before such item the following new item: Sec. 224. Costs of qualified health insurance. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 4. Fitness programs, athletic clubs, fitness equipment, and weight loss programs treated as medical care (a) Tax benefits using definition of medical care Subsection (d) of section 213 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (12) Fitness programs, athletic clubs, fitness equipment, weight loss programs (A) In general An amount paid in connection with a membership in a fitness program or athletic club, fitness equipment, or weight loss program shall be treated as an amount paid for medical care. (B) Limitation The amount taken into account under subsection (a) by reason of subparagraph (A) for any taxable year shall not exceed $1,200. . (b) Flexible spending arrangements and health reimbursement arrangements Section 106 of such Code is amended by adding at the end the following: (g) Fitness programs, athletic clubs, fitness equipment, weight loss programs For purposes of this section and section 105— (1) In general Reimbursement for expenses incurred for membership in a fitness program or athletic club, fitness equipment, or weight loss program shall be treated as a reimbursement for medical expenses. (2) Limitation The amount taken into account under paragraph (1) for any taxable year shall not exceed $1,200. . (c) Effective date The amendments made by this section shall apply to amounts paid in taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr2820ih/xml/BILLS-113hr2820ih.xml

113-hr-2821

I 113th CONGRESS 1st Session H. R. 2821 IN THE HOUSE OF REPRESENTATIVES July 24, 2013 Ms. Wilson of Florida (for herself, Ms. Pelosi , Mr. Clyburn , Ms. Fudge , Mr. Cicilline , Mr. Enyart , Ms. Hanabusa , Ms. Norton , Ms. Bass , Mr. Butterfield , Ms. Sewell of Alabama , Mr. Richmond , Mr. Conyers , Ms. Brown of Florida , Mrs. Christensen , Mr. Cárdenas , Ms. Lee of California , Mr. Takano , Mrs. Napolitano , Ms. DeLauro , Ms. Frankel of Florida , Ms. Clarke , Mr. Brady of Pennsylvania , Ms. Schakowsky , Mr. Tonko , Ms. Shea-Porter , Mr. Grijalva , Mr. Holt , Mr. Sablan , Mr. Cartwright , Ms. Wasserman Schultz , Mr. Nadler , Mr. Larson of Connecticut , Mr. Payne , Mr. McGovern , Ms. Eddie Bernice Johnson of Texas , Mr. Rush , Ms. Moore , Mr. Veasey , Mrs. Beatty , Ms. Kelly of Illinois , Mr. Al Green of Texas , Mr. Scott of Virginia , Mr. David Scott of Georgia , Mr. Johnson of Georgia , Ms. Edwards , Mr. Rangel , Ms. Jackson Lee , Mr. Jeffries , Mr. Bishop of Georgia , Mr. Cleaver , Mr. Danny K. Davis of Illinois , Mr. Thompson of Mississippi , Mr. Carson of Indiana , Ms. Waters , Mr. Watt , Mr. Lewis , Mr. Gutiérrez , Mr. Clay , Mr. Cummings , Mr. Garcia , Ms. McCollum , Mr. Ellison , Mr. Fattah , Mr. Deutch , Mr. Meeks , Ms. Hahn , Mr. Carney , and Mr. Keating ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Small Business , Education and the Workforce , the Judiciary , Transportation and Infrastructure , Financial Services , House Administration , Oversight and Government Reform , and the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide tax relief for American workers and businesses, to put workers back on the job while rebuilding and modernizing America, and to provide pathways back to work for Americans looking for jobs. 1. Short title; table of contents (a) Short title This Act may be cited as the American Jobs Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References. Sec. 3. Severability. Sec. 4. Buy American—Use of American iron, steel, and manufactured goods. Sec. 5. Wage rate and employment protection requirements. Title I—Relief for workers and businesses Subtitle A—Making work pay credit Sec. 101. Making work pay credit. Subtitle B—Other relief for businesses Sec. 111. Extension of temporary 100 percent bonus depreciation for certain business assets. Sec. 112. Surety bonds. Title II—Putting workers back on the job while rebuilding and modernizing America Subtitle A—Teacher stabilization Sec. 201. Purpose. Sec. 202. Grants for the outlying areas and the Secretary of the Interior; availability of funds. Sec. 203. State allocation. Sec. 204. State application. Sec. 205. State reservation and responsibilities. Sec. 206. Local educational agencies. Sec. 207. Early learning. Sec. 208. Maintenance of effort. Sec. 209. Reporting. Sec. 210. Definitions. Sec. 211. Authorization of appropriations. Subtitle B—First responder stabilization Sec. 212. Purpose. Sec. 213. Grant program. Sec. 214. Appropriations. Subtitle C—School modernization Part I—Elementary and secondary schools Sec. 221. Purpose. Sec. 222. Authorization of appropriations. Sec. 223. Allocation of funds. Sec. 224. State use of funds. Sec. 225. State and local applications. Sec. 226. Use of funds. Sec. 227. Private schools. Sec. 228. Additional provisions. Part II—Community College modernization Sec. 229. Federal assistance for community college modernization. Part III—Definitions Sec. 230. Definitions. Subtitle D—Immediate transportation infrastructure investments Sec. 241. Immediate transportation infrastructure investments. Subtitle E—Building and upgrading infrastructure for long-Term development Sec. 242. Short title. Sec. 243. Findings and purpose. Sec. 244. Definitions. Part I—American infrastructure financing authority Sec. 245. Establishment and general authority of AIFA. Sec. 246. Voting members of the Board of Directors. Sec. 247. Chief executive officer of AIFA. Sec. 248. Powers and duties of the Board of Directors. Sec. 249. Senior management. Sec. 250. Special Inspector General for AIFA. Sec. 251. Other personnel. Sec. 252. Compliance. Part II—Terms and limitations on direct loans and loan guarantees Sec. 253. Eligibility criteria for assistance from AIFA and terms and limitations of loans. Sec. 254. Loan terms and repayment. Sec. 255. Compliance and enforcement. Sec. 256. Audits; reports to the President and Congress. Part III—Funding of AIFA Sec. 257. Administrative fees. Sec. 258. Efficiency of AIFA. Sec. 259. Funding. Part IV—Extension of exemption from alternative minimum tax treatment for certain tax-Exempt bonds Sec. 260. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds. Subtitle F—Project rebuild Sec. 261. Project rebuild. Title III—Assistance for the unemployed and pathways back to work Subtitle A—Supporting unemployed workers Sec. 301. Short title. Part I—Extension of emergency unemployment compensation and certain extended benefits provisions, and establishment of self-Employment assistance program Sec. 311. Extension of emergency unemployment compensation program. Sec. 312. Temporary extension of extended benefit provisions. Sec. 313. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Part II—Reemployment NOW program Sec. 321. Establishment of reemployment NOW program. Sec. 322. Distribution of funds. Sec. 323. State plan. Sec. 324. Bridge to work program. Sec. 325. Wage insurance. Sec. 326. Enhanced reemployment strategies. Sec. 327. Self-employment programs. Sec. 328. Additional innovative programs. Sec. 329. Guidance and additional requirements. Sec. 330. Report of information and evaluations to Congress and the public. Sec. 331. State. Part III—Short-Time compensation program Sec. 341. Temporary financing of short-time compensation payments in states with programs in law. Sec. 342. Temporary financing of short-time compensation agreements. Sec. 343. Grants for short-time compensation programs. Sec. 344. Assistance and guidance in implementing programs. Sec. 345. Reports. Subtitle B—Long-Term unemployed hiring preferences Sec. 351. Long-term unemployed workers work opportunity tax credits. Subtitle C—Pathways Back to Work Sec. 361. Short title. Sec. 362. Authorization of appropriations. Sec. 363. Availability of funds. Sec. 364. Subsidized employment for unemployed, low-income adults. Sec. 365. Summer employment and year-round employment opportunities for low-income youth. Sec. 366. Work-based employment strategies of demonstrated effectiveness. Sec. 367. General requirements. Sec. 368. Definitions. Subtitle D—Prohibition of discrimination in employment on the basis of an individual’s status as unemployed Sec. 371. Short title. Sec. 372. Findings and purpose. Sec. 373. Definitions. Sec. 374. Prohibited acts. Sec. 375. Enforcement. Sec. 376. Federal and State immunity. Sec. 377. Relationship to other laws. Sec. 378. Severability. Sec. 379. Effective date. Title IV—Offsets Subtitle A—28 percent limitation on certain deductions and exclusions Sec. 401. 28 percent limitation on certain deductions and exclusions. Subtitle B—Tax carried interest in investment partnerships as ordinary income Sec. 411. Partnership interests transferred in connection with performance of services. Sec. 412. Special rules for partners providing investment management services to partnerships. Subtitle C—Close loophole for corporate jet depreciation Sec. 421. General aviation aircraft treated as 7-year property. Subtitle D—Repeal oil subsidies Sec. 431. Repeal of deduction for intangible drilling and development costs in the case of oil and gas wells. Sec. 432. Repeal of deduction for tertiary injectants. Sec. 433. Repeal of percentage depletion for oil and gas wells. Sec. 434. Section 199 deduction not allowed with respect to oil, natural gas, or primary products thereof. Sec. 435. Repeal oil and gas working interest exception to passive activity rules. Sec. 436. Repeal enhanced oil recovery credit. Sec. 437. Uniform seven-year amortization for geological and geophysical expenditures. Sec. 438. Repeal marginal well production credit. Subtitle E—Dual capacity taxpayers Sec. 441. Modifications of foreign tax credit rules applicable to dual capacity taxpayers. Sec. 442. Separate basket treatment taxes paid on foreign oil and gas income. Subtitle F—Repeal of sequestration Sec. 451. Repeal of sequestration. 2. References Except as expressly provided otherwise, any reference to this Act contained in any subtitle of this Act shall be treated as referring only to the provisions of that subtitle. 3. Severability If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. 4. Buy American—Use of American iron, steel, and manufactured goods (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that— (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision is being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. 5. Wage rate and employment protection requirements (a) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (b) With respect to the labor standards specified in this section, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (c) Projects as defined under title 49, United States Code, funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be subject to the requirements of section 5333(b) of title 49, United States Code. I Relief for workers and businesses A Making work pay credit 101. Making work pay credit (a) In general Subsection (e) of section 36A of the Internal Revenue Code of 1986 is amended to read as follows: (e) Termination This section shall not apply to— (1) beginning after December 31, 2010, and before January 1, 2014, and (2) taxable years beginning after December 31, 2014. . (b) Treatment of possessions Rules similar to the rules of subsections (b) and (c) of section 1001 of the American Recovery and Reinvestment Tax Act of 2009 shall apply with respect to the amendment made by subsection (a). For purposes of the preceding sentence, such section shall be applied by substituting taxable years beginning in 2014 for taxable years beginning in 2009 and 2010 each place it occurs. (c) Effective date This section, and the amendments made by this section, shall apply to taxable years beginning after December 31, 2013. B Other relief for businesses 111. Extension of temporary 100 percent bonus depreciation for certain business assets (a) In general Paragraph (5) of section 168(k) of the Internal Revenue Code is amended— (1) by striking January 1, 2012 each place it appears and inserting January 1, 2015 , and (2) by striking January 1, 2013 and inserting January 1, 2016 . (b) Conforming amendment The heading for paragraph (5) of section 168(k) of the Internal Revenue Code is amended by striking Pre-2012 periods and inserting Pre-2014 periods . 112. Surety bonds (a) Maximum bond amount Section 411(a)(1) of the Small Business Investment Act of 1958 ( 15 U.S.C. 694b(a)(1) ) is amended by striking $2,000,000 and inserting $5,000,000 . (b) Denial of liability Section 411(e)(2) of the Small Business Investment Act of 1958 ( 15 U.S.C. 694b(e)(2) ) is amended by striking $2,000,000 and inserting $5,000,000 . (c) Sunset The amendments made by subsections (a) and (b) of this section shall remain in effect until September 30, 2014. (d) Funding There is appropriated out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for additional capital for the Surety Bond Guarantees Revolving Fund, as authorized by the Small Business Investment Act of 1958, as amended. II Putting workers back on the job while rebuilding and modernizing America A Teacher stabilization 201. Purpose The purpose of this subtitle is to provide funds to States to prevent teacher layoffs and support the creation of additional jobs in public early childhood, elementary, and secondary education in the 2013–2014 and 2014–2015 school years. 202. Grants for the outlying areas and the Secretary of the Interior; availability of funds (a) Reservation of funds From the amount appropriated to carry out this subtitle under section 212, the Secretary— (1) shall reserve up to one-half of one percent to provide assistance to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this subtitle under such terms and conditions as the Secretary may determine; (2) shall reserve up to one-half of one percent to provide assistance to the Secretary of the Interior to carry out activities consistent with this subtitle, in schools operated or funded by the Bureau of Indian Education; and (3) may reserve up to $2,000,000 for administration and oversight of this subtitle, including program evaluation. (b) Availability of funds Funds made available under section 212 shall remain available to the Secretary until September 30, 2014. 203. State allocation (a) Allocation After reserving funds under section 203(a), the Secretary shall allocate the remaining funds appropriated under section 212 to States, of which— (1) 60 percent shall be allocated to States on the basis of their relative population of individuals aged 5 through 17; and (2) 40 percent shall be allocated to States on the basis of their relative total population. (b) Awards The Secretary shall award a State’s allocation under subsection (a) to the Governor of the State only if the Secretary has approved the State’s application under section 205. (c) Alternate distribution of funds (1) In general If, within 30 days after the date of enactment of this Act, a Governor has not submitted an approvable application to the Secretary, the Secretary shall, consistent with paragraph (2), provide for funds allocated to that State to be distributed to another entity or other entities in the State for the support of early childhood, elementary, and secondary education, under such terms and conditions as the Secretary may establish. (2) Maintenance of effort (A) Governor assurance The Secretary shall not allocate funds under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will for fiscal years 2014 and 2015 meet the requirements of section 209. (B) Allocations to other entities Notwithstanding subparagraph (A), the Secretary may allocate up to 50 percent of the funds that are available to the State under paragraph (1) to another entity or entities in the State, provided that the State educational agency submits data to the Secretary demonstrating that the State will for fiscal year 2014 meet the requirements of section 209(a) or the Secretary otherwise determines that the State will meet those requirements, or such comparable requirements as the Secretary may establish, for that year. (3) Requirements An entity that receives funds under paragraph (1) shall use those funds in accordance with the requirements of this subtitle. (d) Reallocation If a State does not receive funding under this subtitle or only receives a portion of its allocation under subsection (c), the Secretary shall reallocate the State’s entire allocation or the remaining portion of its allocation, as the case may be, to the remaining States in accordance with subsection (a). 204. State application The Governor of a State desiring to receive a grant under this subtitle shall submit an application to the Secretary within 30 days of the date of enactment of this Act, in such manner, and containing such information as the Secretary may reasonably require to determine the State’s compliance with applicable provisions of law. 205. State reservation and responsibilities (a) Reservation Each State receiving a grant under section 204(b) may reserve— (1) not more than 10 percent of the grant funds for awards to State-funded early learning programs; and (2) not more than 2 percent of the grant funds for the administrative costs of carrying out its responsibilities under this subtitle. (b) State responsibilities Each State receiving a grant under this subtitle shall, after reserving any funds under subsection (a)— (1) use the remaining grant funds only for awards to local educational agencies for the support of early childhood, elementary, and secondary education; (2) distribute those funds, through subgrants, to its local educational agencies by distributing— (A) 60 percent on the basis of the local educational agencies’ relative shares of enrollment; and (B) 40 percent on the basis of the local educational agencies’ relative shares of funds received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2013; and (3) make those funds available to local educational agencies no later than 100 days after receiving a grant from the Secretary. (c) Prohibitions A State shall not use funds received under this subtitle to directly or indirectly— (1) establish, restore, or supplement a rainy-day fund; (2) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (3) reduce or retire debt obligations incurred by the State; or (4) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. 206. Local educational agencies Each local educational agency that receives a subgrant under this subtitle— (1) shall use the subgrant funds only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services; (2) shall obligate those funds not later than September 30, 2015; and (3) may not use those funds for general administrative expenses or for other support services or expenditures, as those terms are defined by the National Center for Education Statistics in the Common Core of Data, as of the date of enactment of this Act. 207. Early learning Each State-funded early learning program that receives funds under this subtitle shall— (1) use those funds only for compensation, benefits, and other expenses, such as support services, necessary to retain early childhood educators, recall or rehire former early childhood educators, or hire new early childhood educators to provide early learning services; and (2) obligate those funds not later than September 30, 2015. 208. Maintenance of effort (a) Requirement The Secretary shall not allocate funds to a State under this subtitle unless the State provides an assurance to the Secretary that— (1) for State fiscal year 2014— (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories for State fiscal year 2013; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2013; and (2) for State fiscal year 2015— (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories for State fiscal year 2014; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2014. (b) Waiver The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the State. 209. Reporting Each State that receives a grant under this subtitle shall submit, on an annual basis, a report to the Secretary that contains— (1) a description of how funds received under this part were expended or obligated; and (2) an estimate of the number of jobs supported by the State using funds received under this subtitle. 210. Definitions In this subtitle: (1) ESEA definitions Except as otherwise provided, the terms local educational agency , outlying area , Secretary , State , and State 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 ). (2) State The term State does not include an outlying area. (3) Early child educator The term early childhood educator means an individual who— (A) works directly with children in a State-funded early learning program in a low-income community; (B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and (C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education. (4) State-funded early learning program The term State-funded early learning program means a program that provides educational services to children from birth to kindergarten entry and receives funding from a State. 211. Authorization of appropriations There are authorized to be appropriated, and there are appropriated, $30,000,000,000 to carry out this subtitle for fiscal year 2014. B First responder stabilization 212. Purpose The purpose of this subtitle is to provide funds to States and localities to prevent layoffs of, and support the creation of additional jobs for, law enforcement officers and other first responders. 213. Grant program The Attorney General shall carry out a competitive grant program pursuant to section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) for hiring, rehiring, or retention of career law enforcement officers under part Q of such title. Grants awarded under this section shall not be subject to subsections (g) or (i) of section 1701 or to section 1704 of such Act (42 U.S.C. 3796dd–3(c)). 214. Appropriations There are hereby appropriated to the Community Oriented Policing Stabilization Fund out of any money in the Treasury not otherwise obligated, $5,000,000,000, to remain available until September 30, 2012, of which $4,000,000,000 shall be for the Attorney General to carry out the competitive grant program under section 214; and of which $1,000,000,000 shall be transferred by the Attorney General to a First Responder Stabilization Fund from which the Secretary of Homeland Security shall make competitive grants for hiring, rehiring, or retention pursuant to the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2201 et seq. ), to carry out section 34 of such Act ( 15 U.S.C. 2229a ). In making such grants, the Secretary may grant waivers from the requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4)(A) of such section 34. Of the amounts appropriated herein, not to exceed $8,000,000 shall be for administrative costs of the Attorney General, and not to exceed $2,000,000 shall be for administrative costs of the Secretary of Homeland Security. C School modernization I Elementary and secondary schools 221. Purpose The purpose of this part is to provide assistance for the modernization, renovation, and repair of elementary and secondary school buildings in public school districts across America in order to support the achievement of improved educational outcomes in those schools. 222. Authorization of appropriations There are authorized to be appropriated, and there are appropriated, $25,000,000,000 to carry out this part, which shall be available for obligation by the Secretary until September 30, 2014. 223. Allocation of funds (a) Reservations Of the amount made available to carry out this part, the Secretary shall reserve— (1) one-half of one percent for the Secretary of the Interior to carry out modernization, renovation, and repair activities described in section 226 in schools operated or funded by the Bureau of Indian Education; (2) one-half of one percent to make grants to the outlying areas for modernization, renovation, and repair activities described in section 226; and (3) such funds as the Secretary determines are needed to conduct a survey, by the National Center for Education Statistics, of the school construction, modernization, renovation, and repair needs of the public schools of the United States. (b) State allocation After reserving funds under subsection (a), the Secretary shall allocate the remaining amount among the States in proportion to their respective allocations under part A of title I of the Elementary and Secondary Education Act of 1965 (in this part referred to as the ESEA ) ( 20 U.S.C. 6311 et seq. ) for fiscal year 2013, except that— (1) the Secretary shall allocate 40 percent of such remaining amount to the 100 local educational agencies with the largest numbers of children aged 5–17 living in poverty, as determined using the most recent data available from the Department of Commerce that are satisfactory to the Secretary, in proportion to those agencies’ respective allocations under part A of title I of the ESEA for fiscal year 2013; and (2) the allocation to any State shall be reduced by the aggregate amount of the allocations under paragraph (1) to local educational agencies in that State. (c) Remaining allocation (1) States If a State does not apply for its allocation under subsection (b) (or applies for less than the full allocation for which it is eligible) or does not use that allocation in a timely manner, the Secretary may— (A) reallocate all or a portion of that allocation to the other States in accordance with subsection (b); or (B) use all or a portion of that allocation to make direct allocations to local educational agencies within the State based on their respective allocations under part A of title I of the ESEA for fiscal year 2013 or such other method as the Secretary may determine. (2) Local educational agencies If a local educational agency does not apply for its allocation under subsection (b)(1), applies for less than the full allocation for which it is eligible, or does not use that allocation in a timely manner, the Secretary may reallocate all or a portion of its allocation to the State in which that agency is located. 224. State use of funds (a) Reservation Each State that receives a grant under this part may reserve not more than one percent of the State’s allocation under section 223(b) for the purpose of administering the grant, except that no State may reserve more than $750,000 for this purpose. (b) Funds to local educational agencies (1) Formula subgrants From the grant funds that are not reserved under subsection (a), a State shall allocate at least 50 percent to local educational agencies, including charter schools that are local educational agencies, that did not receive funds under section 223(b)(1) from the Secretary, in accordance with their respective allocations under part A of title I of the ESEA for fiscal year 2013, except that no such local educational agency shall receive less than $10,000. (2) Additional subgrants The State shall use any funds remaining, after reserving funds under subsection (a) and allocating funds under paragraph (1), for subgrants to local educational agencies that did not receive funds under section 223(b)(1), including charter schools that are local educational agencies, to support modernization, renovation, and repair projects that the State determines, using objective criteria, are most needed in the State, with priority given to projects in rural local educational agencies. (c) Remaining funds If a local educational agency does not apply for an allocation under subsection (b)(1), applies for less than its full allocation, or fails to use that allocation in a timely manner, the State may reallocate any unused portion to other local educational agencies in accordance with subsection (b). 225. State and local applications (a) State application A State that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, which shall include— (1) an identification of the State agency or entity that will administer the program under this part; and (2) the State’s process for determining how the grant funds will be distributed and administered, including— (A) how the State will determine the criteria and priorities in making subgrants under section 224(b)(2); (B) any additional criteria the State will use in determining which projects it will fund under that section; (C) a description of how the State will consider— (i) the needs of local educational agencies for assistance under this part; (ii) the impact of potential projects on job creation in the State; (iii) the fiscal capacity of local educational agencies applying for assistance; (iv) the percentage of children in those local educational agencies who are from low-income families; and (v) the potential for leveraging assistance provided by the program under this part through matching or other financing mechanisms; (D) a description of how the State will ensure that the local educational agencies receiving subgrants meet the requirements of this part; (E) a description of how the State will ensure that the State and its local educational agencies meet the deadlines established in section 228; (F) a description of how the State will give priority to the use of green practices that are certified, verified, or consistent with any applicable provisions of— (i) the LEED Green Building Rating System; (ii) Energy Star; (iii) the CHPS Criteria; (iv) Green Globes; or (v) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency; (G) a description of the steps that the State will take to ensure that local educational agencies receiving subgrants under this part will adequately maintain any facilities that are modernized, renovated, or repaired with such subgrant funds; and (H) such additional information and assurances as the Secretary may require. (b) Local application A local educational agency that is eligible under section 223(b)(1) that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require, which shall include— (1) a description of how the local educational agency will meet the deadlines and requirements of this part; (2) a description of the steps that the local educational agency will take to adequately maintain any facilities that are modernized, renovated, or repaired with funds under this part; and (3) such additional information and assurances as the Secretary may require. 226. Use of funds (a) In general Funds awarded to local educational agencies under this part shall be used only for either or both of the following modernization, renovation, or repair activities in facilities that are used for elementary or secondary education or for early learning programs: (1) Direct payments for school modernization, renovation, or repair. (2) To pay interest on bonds or payments for other financing instruments that are newly issued for the purpose of financing school modernization, renovation, or repair. (b) Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to modernize, renovate, or repair eligible school facilities. (c) Prohibition Funds awarded to local educational agencies under this part may not be used for— (1) new construction; (2) payment of routine maintenance costs; or (3) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. 227. Private schools (a) In general Section 9501 of the ESEA ( 20 U.S.C. 7881 ) shall apply to this part in the same manner as it applies to activities under that Act, except that— (1) such section 9501 shall not apply with respect to the title to any real property modernized, renovated, or repaired with assistance provided under this part; (2) educational services or other benefits funded under this part for private schools shall be provided only to private, nonprofit elementary or secondary schools with a rate of child poverty of at least 40 percent and may include only— (A) modifications of school facilities necessary to meet the standards applicable to public schools under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (B) modifications of school facilities necessary to meet the standards applicable to public schools under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) asbestos or polychlorinated biphenyls abatement or removal from school facilities; and (3) expenditures for services provided using funds made available under section 226 shall be considered equal for purposes of section 9501(a)(4) of the ESEA if the per-pupil expenditures for services described in paragraph (2) for students enrolled in private, nonprofit elementary and secondary schools that have child-poverty rates of at least 40 percent are consistent with the per-pupil expenditures under this part for children enrolled in the public schools of the local educational agency receiving funds under this part. (b) Remaining funds If the expenditure for services described in subsection (a)(2) is less than the amount calculated under subsection (a)(3) because of insufficient need for those services, the remainder shall be available to the local educational agency for modernization, renovation, or repair of its school facilities. (c) Application If any provision of this section, or the application thereof, to any person or circumstance is judicially determined to be invalid, the remainder of the section and the application to other persons or circumstances shall not be affected thereby. 228. Additional provisions (a) 24-Month period of availability Funds appropriated under section 222 shall be available for obligation by local educational agencies receiving grants from the Secretary under section 223(b)(1), by States reserving funds under section 224(a), and by local educational agencies receiving subgrants under section 224(b)(1) only during the period that ends 24 months after the date of enactment of this Act. (b) 36-Month period of availability Funds appropriated under section 222 shall be available for obligation by local educational agencies receiving subgrants under section 224(b)(2) only during the period that ends 36 months after the date of enactment of this Act. (c) Applicability of GEPA Section 439 of the General Education Provisions Act (20 U.S.C. 1232b) shall apply to funds available under this part. (d) Limitation For purposes of section 223(b)(1), Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico are not local educational agencies. II Community College modernization 229. Federal assistance for community college modernization (a) In general (1) Grant program From the amounts made available under subsection (h), the Secretary shall award grants to States to modernize, renovate, or repair existing facilities at community colleges. (2) Allocation (A) Reservations Of the amount made available to carry out this section, the Secretary shall reserve— (i) up to 0.25 percent for grants to institutions that are eligible under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) to provide for modernization, renovation, and repair activities described in this section; and (ii) up to 0.25 percent for grants to the outlying areas to provide for modernization, renovation, and repair activities described in this section. (B) Allocation After reserving funds under subparagraph (A), the Secretary shall allocate to each State that has an application approved by the Secretary an amount that bears the same relation to any remaining funds as the total number of students in such State who are enrolled in institutions described in section 230(b)(1)(A) plus the number of students who are estimated to be enrolled in and pursuing a degree or certificate that is not a bachelor’s, master’s, professional, or other advanced degree in institutions described in section 230(b)(1)(B), based on the proportion of degrees or certificates awarded by such institutions that are not bachelor’s, master’s, professional, or other advanced degrees, as reported to the Integrated Postsecondary Data System bears to the estimated total number of such students in all States, except that no State shall receive less than $2,500,000. (C) Reallocation Amounts not allocated under this section to a State because the State either did not submit an application under subsection (b), the State submitted an application that the Secretary determined did not meet the requirements of such subsection, or the State cannot demonstrate to the Secretary a sufficient demand for projects to warrant the full allocation of the funds, shall be proportionately reallocated under this paragraph to the other States that have a demonstrated need for, and are receiving, allocations under this section. (D) State administration A State that receives a grant under this section may use not more than one percent of that grant to administer it, except that no State may use more than $750,000 of its grant for this purpose. (3) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to modernize, renovate, or repair existing community college facilities. (b) Application A State 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 and assurances as the Secretary may require. Such application shall include a description of— (1) how the funds provided under this section will improve instruction at community colleges in the State and will improve the ability of those colleges to educate and train students to meet the workforce needs of employers in the State; (2) the projected start of each project and the estimated number of persons to be employed in the project; and (3) the cost of each project and the total amount of funds requested for each project and for all projects. (c) Prohibited uses of funds (1) In general No funds awarded under this section may be used for— (A) payment of routine maintenance costs; (B) construction, modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or (C) construction, modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission. (2) Four-year institutions No funds awarded to a four-year public institution of higher education under this section may be used for any facility, service, or program of the institution that is not available to students who are pursuing a degree or certificate that is not a bachelor’s, master’s, professional, or other advanced degree. (d) Green projects In providing assistance to community college projects under this section, the State shall consider the extent to which a community college’s project involves activities that are certified, verified, or consistent with the applicable provisions of— (1) the LEED Green Building Rating System; (2) Energy Star; (3) the CHPS Criteria, as applicable; (4) Green Globes; or (5) an equivalent program adopted by the State or the State higher education agency that includes a verifiable method to demonstrate compliance with such program. (e) Application of GEPA Section 439 of the General Education Provisions Act (20 U.S.C. 1232b) shall apply to funds available under this section. (f) Reports by the states Each State that receives a grant under this section shall, not later than September 30, 2014, and annually thereafter for each fiscal year in which the State expends funds received under this section, submit to the Secretary a report that includes— (1) a description of the projects for which the grant was, or will be, used; (2) a description of the amount and nature of the assistance provided to each community college under this section; and (3) the number of jobs created by the projects funded under this section. (g) Report by the secretary The Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965; 20 U.S.C. 1003) an annual report on the grants made under this section, including the information described in subsection (f). (h) Availability of funds (1) There are authorized to be appropriated, and there are appropriated, to carry out this section (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), $5,000,000,000 for fiscal year 2014. (2) Funds appropriated under this subsection shall be available for obligation by community colleges only during the period that ends 36 months after the date of enactment of this Act. III Definitions 230. Definitions (a) ESEA terms Except as otherwise provided, in this subtitle, the terms local educational agency , Secretary , and State 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). (b) Additional definitions The following definitions apply to this title: (1) Community college The term community college means— (A) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ); or (B) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not— (i) bachelor’s degrees (or an equivalent); or (ii) master’s, professional, or other advanced degrees. (2) CHPS criteria The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools. (3) Energy star The term Energy Star means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency. (4) Green globes The term Green Globes means the Green Building Initiative environmental design and rating system referred to as Green Globes. (5) Leed green building rating system The term LEED Green Building Rating System means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as the LEED Green Building Rating System. (6) Modernization, renovation, and repair The term modernization, renovation, and repair means— (A) comprehensive assessments of facilities, including indoor air-quality assessments, to identify— (i) facility conditions or deficiencies that could adversely affect student and staff health, safety, performance, or productivity or energy, water, or materials efficiency; and (ii) needed facility improvements; (B) repairing, replacing, or installing roofs (which may be extensive, intensive, or semi-intensive green roofs); electrical wiring; water supply and plumbing systems, sewage systems, storm water runoff systems, lighting systems (or components of such systems); or building envelope, windows, ceilings, flooring, or doors, including security doors; (C) repairing, replacing, or installing heating, ventilation, or air conditioning systems, or components of those systems (including insulation) to improve energy efficiency; (D) compliance with fire, health, seismic, and safety codes, including professional installation of fire and life safety alarms, and modernizations, renovations, and repairs that ensure that facilities are prepared for such emergencies as acts of terrorism, campus violence, and natural disasters, such as improving building infrastructure to accommodate security measures and installing or upgrading technology to ensure that a school or incident is able to respond to such emergencies; (E) making modifications necessary to make educational facilities accessible in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), except that such modifications shall not be the primary use of a grant or subgrant; (F) abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, or lead-based hazards, including lead-based paint hazards; (G) retrofitting necessary to increase energy efficiency; (H) measures, such as selection and substitution of products and materials, and implementation of improved maintenance and operational procedures, such as green cleaning programs, to reduce or eliminate potential student or staff exposure to— (i) volatile organic compounds; (ii) particles such as dust and pollens; or (iii) combustion gases; (I) modernization, renovation, or repair necessary to reduce the consumption of coal, electricity, land, natural gas, oil, or water; (J) installation or upgrading of educational technology infrastructure; (K) installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet and woody biomass), waste-to-energy, solar-thermal, and geothermal systems, and energy audits; (L) modernization, renovation, or repair activities related to energy efficiency and renewable energy, and improvements to building infrastructures to accommodate bicycle and pedestrian access; (M) ground improvements, storm water management, landscaping, and environmental clean-up when necessary; (N) other modernization, renovation, or repair to— (i) improve teachers’ ability to teach and students’ ability to learn; (ii) ensure the health and safety of students and staff; or (iii) improve classroom, laboratory, and vocational facilities in order to enhance the quality of science, technology, engineering, and mathematics instruction; and (O) required environmental remediation related to facilities modernization, renovation, or repair activities described in subparagraphs (A) through (N). (7) Outlying area The term outlying area means the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (8) State The term State means each of the 50 States of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. D Immediate transportation infrastructure investments 241. Immediate transportation infrastructure investments (a) Grants-In-Aid for airports (1) In general There is made available to the Secretary of Transportation $2,000,000,000 to carry out airport improvement under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code. (2) Federal share; limitation on obligations The Federal share payable of the costs for which a grant is made under this subsection, shall be 100 percent. The amount made available under this subsection shall not be subject to any limitation on obligations for the Grants-In-Aid for Airports program set forth in any Act or in title 49, United States Code. (3) Distribution of funds Funds provided to the Secretary under this subsection shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471 of such title. (4) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (5) Administrative expenses Of the funds made available under this subsection, 0.3 percent shall be available to the Secretary for administrative expenses, shall remain available for obligation until September 30, 2015, and may be used in conjunction with funds otherwise provided for the administration of the Grants-In-Aid for Airports program. (b) Next generation air traffic control advancements (1) In general There is made available to the Secretary of Transportation $1,000,000,000 for necessary Federal Aviation Administration capital, research, and operating costs to carry out Next Generation air traffic control system advancements. (2) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. (c) Highway infrastructure investment (1) In general There is made available to the Secretary of Transportation $27,000,000,000 for restoration, repair, construction and other activities eligible under section 133(b) of title 23, United States Code, and for passenger and freight rail transportation and port infrastructure projects eligible for assistance under section 601(a)(8) of title 23. (2) Federal share; limitation on obligations The Federal share payable on account of any project or activity carried out with funds made available under this subsection shall be, at the option of the recipient, up to 100 percent of the total cost thereof. The amount made available under this subsection shall not be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in any Act or in title 23, United States Code. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Distribution of funds Of the funds provided in this subsection, after making the set-asides required by paragraphs (9), (10), (11), (12), and (15), 50 percent of the funds shall be apportioned to States using the formula set forth in section 104(b)(3) of title 23, United States Code, and the remaining funds shall be apportioned to States in the same ratio as the obligation limitation for fiscal year 2010 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division A of Public Law 111–117. (5) Apportionment Apportionments under paragraph (4) shall be made not later than 30 days after the date of the enactment of this Act. (6) Redistribution (A) The Secretary shall, 180 days following the date of apportionment, withdraw from each State an amount equal to 50 percent of the funds apportioned under paragraph (4) to that State (excluding funds suballocated within the State) less the amount of funding obligated (excluding funds suballocated within the State), and the Secretary shall redistribute such amounts to other States that have had no funds withdrawn under this subparagraph in the manner described in section 120(c) of division A of Public Law 111–117 . (B) One year following the date of apportionment, the Secretary shall withdraw from each recipient of funds apportioned under paragraph (4) any unobligated funds, and the Secretary shall redistribute such amounts to States that have had no funds withdrawn under this paragraph (excluding funds suballocated within the State) in the manner described in section 120(c) of division A of Public Law 111–117 . (C) At the request of a State, the Secretary may provide an extension of the one-year period only to the extent that the Secretary determines that the State has encountered extreme conditions that create an unworkable bidding environment or other extenuating circumstances. Before granting an extension, the Secretary notify in writing the Committee on Transportation and Infrastructure and the Committee on Environment and Public Works, providing a thorough justification for the extension. (7) Transportation enhancements Three percent of the funds apportioned to a State under paragraph (4) shall be set aside for the purposes described in section 133(d)(2) of title 23, United States Code (without regard to the comparison to fiscal year 2005). (8) Suballocation Thirty percent of the funds apportioned to a State under this subsection shall be suballocated within the State in the manner and for the purposes described in the first sentence of sections 133(d)(3)(A), 133(d)(3)(B), and 133(d)(3)(D) of title 23, United States Code. Such suballocation shall be conducted in every State. Funds suballocated within a State to urbanized areas and other areas shall not be subject to the redistribution of amounts required 180 days following the date of apportionment of funds provided by paragraph (6)(A). (9) Puerto Rico and territorial highway programs Of the funds provided under this subsection, $105,000,000 shall be set aside for the Puerto Rico highway program authorized under section 165 of title 23, United States Code, and $45,000,000 shall be for the territorial highway program authorized under section 215 of title 23, United States Code. (10) Federal lands and Indian reservations Of the funds provided under this subsection, $550,000,000 shall be set aside for investments in transportation at Indian reservations and Federal lands in accordance with the following:. (A) Of the funds set aside by this paragraph, $310,000,000 shall be for the Indian Reservation Roads program, $170,000,000 shall be for the Park Roads and Parkways program, $60,000,000 shall be for the Forest Highway Program, and $10,000,000 shall be for the Refuge Roads program. (B) For investments at Indian reservations and Federal lands, priority shall be given to capital investments, and to projects and activities that can be completed within 2 years of enactment of this Act. (C) One year following the enactment of this Act, to ensure the prompt use of the funding provided for investments at Indian reservations and Federal lands, the Secretary shall have the authority to redistribute unobligated funds within the respective program for which the funds were appropriated. (D) Up to four percent of the funding provided for Indian Reservation Roads may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses. (E) Section 134(f)(3)(C)(ii)(II) of title 23, United States Code, shall not apply to funds set aside by this paragraph. (11) Job training Of the funds provided under this subsection, $50,000,000 shall be set aside for the development and administration of transportation training programs under section 140(b) title 23, United States Code. (A) Funds set aside under this subsection shall be competitively awarded and used for the purpose of providing training, apprenticeship (including Registered Apprenticeship), skill development, and skill improvement programs, as well as summer transportation institutes and may be transferred to, or administered in partnership with, the Secretary of Labor and shall demonstrate to the Secretary of Transportation program outcomes, including— (i) impact on areas with transportation workforce shortages; (ii) diversity of training participants; (iii) number of participants obtaining certifications or credentials required for specific types of employment; (iv) employment outcome metrics, such as job placement and job retention rates, established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Investment Act; (v) to the extent practical, evidence that the program did not preclude workers that participate in training or apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter; and (vi) identification of areas of collaboration with the Department of Labor programs, including co-enrollment. (B) To be eligible to receive a competitively awarded grant under this subsection, a State must certify that at least 0.1 percent of the amounts apportioned under the Surface Transportation Program and Bridge Program will be obligated in the first fiscal year after enactment of this act for job training activities consistent with section 140(b) of title 23, United States Code. (12) Disadvantaged business enterprises Of the funds provided under this subsection, $10,000,000 shall be set aside for training programs and assistance programs under section 140(c) of title 23, United States Code. Funds set aside under this paragraph should be allocated to businesses that have proven success in adding staff while effectively completing projects. (13) State planning and oversight expenses Of amounts apportioned under paragraph (4) of this subsection, a State may use up to 0.5 percent for activities related to projects funded under this subsection, including activities eligible under sections 134 and 135 of title 23, United States Code, State administration of subgrants, and State oversight of subrecipients. (14) Conditions (A) Funds made available under this subsection shall be administered as if apportioned under chapter 1 of title 23, United States Code, except for funds made available for investments in transportation at Indian reservations and Federal lands, and for the territorial highway program, which shall be administered in accordance with chapter 2 of title 23, United States Code, and except for funds made available for disadvantaged business enterprises bonding assistance, which shall be administered in accordance with chapter 3 of title 49, United States Code. (B) Funds made available under this subsection shall not be obligated for the purposes authorized under section 115(b) of title 23, United States Code. (C) Funding provided under this subsection shall be in addition to any and all funds provided for fiscal years 2011 and 2012 in any other Act for Federal-aid Highways and shall not affect the distribution of funds provided for Federal-aid Highways in any other Act. (D) Section 1101(b) of Public Law 109–59 shall apply to funds apportioned under this subsection. (15) Oversight The Administrator of the Federal Highway Administration may set aside up to 0.15 percent of the funds provided under this subsection to fund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administration in this Act, and such funds shall be available through September 30, 2015. (d) Capital assistance for high-Speed rail corridors and intercity passenger rail service (1) In general There is made available to the Secretary of Transportation $4,000,000,000 for grants for high-speed rail projects as authorized under sections 26104 and 26106 of title 49, United States Code, capital investment grants to support intercity passenger rail service as authorized under section 24406 of title 49, United States Code, and congestion grants as authorized under section 24105 of title 49, United States Code, and to enter into cooperative agreements for these purposes as authorized, except that the Administrator of the Federal Railroad Administration may retain up to one percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this subsection, which retained amount shall remain available for obligation until September 30, 2015. (2) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (3) Federal share The Federal share payable of the costs for which a grant or cooperative agreements is made under this subsection shall be, at the option of the recipient, up to 100 percent. (4) Interim guidance The Secretary shall issue interim guidance to applicants covering application procedures and administer the grants provided under this subsection pursuant to that guidance until final regulations are issued. (5) Intercity passenger rail corridors Not less than 85 percent of the funds provided under this subsection shall be for cooperative agreements that lead to the development of entire segments or phases of intercity or high-speed rail corridors. (6) Conditions (A) In addition to the provisions of title 49, United States Code, that apply to each of the individual programs funded under this subsection, subsections 24402(a)(2), 24402(i), and 24403(a) and (c) of title 49, United States Code, shall also apply to the provision of funds provided under this subsection. (B) A project need not be in a State rail plan developed under Chapter 227 of title 49, United States Code, to be eligible for assistance under this subsection. (C) Recipients of grants under this paragraph shall conduct all procurement transactions using such grant funds in a manner that provides full and open competition, as determined by the Secretary, in compliance with existing labor agreements. (e) Capital grants to the national railroad passenger corporation (1) In general There is made available $2,000,000,000 to enable the Secretary of Transportation to make capital grants to the National Railroad Passenger Corporation (Amtrak), as authorized by section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432). (2) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (3) Project priority The priority for the use of funds shall be given to projects for the repair, rehabilitation, or upgrade of railroad assets or infrastructure, and for capital projects that expand passenger rail capacity including the rehabilitation of rolling stock. (4) Conditions (A) None of the funds under this subsection shall be used to subsidize the operating losses of Amtrak. (B) The funds provided under this subsection shall be awarded not later than 90 days after the date of enactment of this Act. (C) The Secretary shall take measures to ensure that projects funded under this subsection shall be completed within 2 years of enactment of this Act, and shall serve to supplement and not supplant planned expenditures for such activities from other Federal, State, local and corporate sources. The Secretary shall certify to the House and Senate Committees on Appropriations in writing compliance with the preceding sentence. (5) Oversight The Administrator of the Federal Railroad Administration may set aside 0.5 percent of the funds provided under this subsection to fund the oversight by the Administrator of projects and activities carried out with funds made available in this subsection, and such funds shall be available through September 30, 2015. (f) Transit capital assistance (1) In general There is made available to the Secretary of Transportation $3,000,000,000 for grants for transit capital assistance grants as defined by section 5302(a)(1) of title 49, United States Code. Notwithstanding any provision of chapter 53 of title 49, however, a recipient of funding under this subsection may use up to 10 percent of the amount provided for the operating costs of equipment and facilities for use in public transportation or for other eligible activities. (2) Federal share; limitation on obligations The applicable requirements of chapter 53 of title 49, United States Code, shall apply to funding provided under this subsection, except that the Federal share of the costs for which any grant is made under this subsection shall be, at the option of the recipient, up to 100 percent. The amount made available under this subsection shall not be subject to any limitation on obligations for transit programs set forth in any Act or chapter 53 of title 49. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Distribution of funds The Secretary of Transportation shall— (A) provide 80 percent of the funds appropriated under this subsection for grants under section 5307 of title 49, United States Code, and apportion such funds in accordance with section 5336 of such title; (B) provide 10 percent of the funds appropriated under this subsection in accordance with section 5340 of such title; and (C) provide 10 percent of the funds appropriated under this subsection for grants under section 5311 of title 49, United States Code, and apportion such funds in accordance with such section. (5) Apportionment The funds apportioned under this subsection shall be apportioned not later than 21 days after the date of the enactment of this Act. (6) Redistribution (A) The Secretary shall, 180 days following the date of apportionment, withdraw from each urbanized area or State an amount equal to 50 percent of the funds apportioned to such urbanized areas or States less the amount of funding obligated, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly. (B) One year following the date of apportionment, the Secretary shall withdraw from each urbanized area or State any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method the Secretary deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly. (C) At the request of an urbanized area or State, the Secretary of Transportation may provide an extension of such 1-year period if the Secretary determines that the urbanized area or State has encountered an unworkable bidding environment or other extenuating circumstances. Before granting an extension, the Secretary shall notify in writing the Committee on Transportation and Infrastructure and the Committee on Banking, Housing and Urban Affairs, providing a thorough justification for the extension. (7) Conditions (A) Of the funds provided for section 5311 of title 49, United States Code, 2.5 percent shall be made available for section 5311(c)(1). (B) Section 1101(b) of Public Law 109–59 shall apply to funds appropriated under this subsection. (C) The funds appropriated under this subsection shall not be comingled with any prior year funds. (8) Oversight Notwithstanding any other provision of law, 0.3 percent of the funds provided for grants under section 5307 and section 5340, and 0.3 percent of the funds provided for grants under section 5311, shall be available for administrative expenses and program management oversight, and such funds shall be available through September 30, 2015. (g) State of good repair (1) In general There is made available to the Secretary of Transportation $6,000,000,000 for capital expenditures as authorized by sections 5309(b)(2) and (3) of title 49, United States Code. (2) Federal share The applicable requirements of chapter 53 of title 49, United States Code, shall apply, except that the Federal share of the costs for which a grant is made under this subsection shall be, at the option of the recipient, up to 100 percent. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Distribution of funds (A) The Secretary of Transportation shall apportion not less than 75 percent of the funds under this subsection for the modernization of fixed guideway systems, pursuant to the formula set forth in section 5336(b) title 49, United States Code, other than subsection (b)(2)(A)(ii). (B) Of the funds appropriated under this subsection, not less than 25 percent shall be available for the restoration or replacement of existing public transportation assets related to bus systems, pursuant to the formula set forth in section 5336 other than subsection (b). (5) Apportionment The funds made available under this subsection shall be apportioned not later than 30 days after the date of the enactment of this Act. (6) Redistribution (A) The Secretary shall, 180 days following the date of apportionment, withdraw from each urbanized area an amount equal to 50 percent of the funds apportioned to such urbanized area less the amount of funding obligated, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this paragraph utilizing whatever method the Secretary deems appropriate to ensure that all funds redistributed under this paragraph shall be utilized promptly. (B) One year following the date of apportionment, the Secretary shall withdraw from each urbanized area any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this paragraph, utilizing whatever method the Secretary deems appropriate to ensure that all funds redistributed under this paragraph shall be utilized promptly. (C) At the request of an urbanized area, the Secretary may provide an extension of the 1-year period if the Secretary finds that the urbanized area has encountered an unworkable bidding environment or other extenuating circumstances. Before granting an extension, the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Banking, Housing, and Urban Affairs, providing a thorough justification for the extension. (7) Conditions (A) The provisions of section 1101(b) of Public Law 109–59 shall apply to funds made available under this subsection. (B) The funds appropriated under this subsection shall not be commingled with any prior year funds. (8) Oversight Notwithstanding any other provision of law, 0.3 percent of the funds under this subsection shall be available for administrative expenses and program management oversight and shall remain available for obligation until September 30, 2015. (h) Transportation infrastructure grants and financing (1) In general There is made available to the Secretary of Transportation $5,000,000,000 for capital investments in surface transportation infrastructure. The Secretary shall distribute funds provided under this subsection as discretionary grants to be awarded to State and local governments or transit agencies on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. (2) Federal share; limitation on obligations The Federal share payable of the costs for which a grant is made under this subsection, shall be 100 percent. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Project eligibility Projects eligible for funding provided under this subsection include— (A) highway or bridge projects eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, seismic retrofit projects for bridges, and road realignments; (B) public transportation projects eligible under chapter 53 of title 49, United States Code, including investments in projects participating in the New Starts or Small Starts programs that will expedite the completion of those projects and their entry into revenue service; (C) passenger and freight rail transportation projects; and (D) port infrastructure investments, including projects that connect ports to other modes of transportation and improve the efficiency of freight movement. (5) TIFIA program The Secretary may transfer to the Federal Highway Administration funds made available under this subsection for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this subsection. (6) Project priority The Secretary shall give priority to projects that are expected to be completed within 3 years of the date of the enactment of this Act. (7) Deadline for issuance of competition criteria The Secretary shall publish criteria on which to base the competition for any grants awarded under this subsection not later than 90 days after enactment of this Act. The Secretary shall require applications for funding provided under this subsection to be submitted not later than 180 days after the publication of the criteria, and announce all projects selected to be funded from such funds not later than 1 year after the date of the enactment of the Act. (8) Applicability of title 40 Each project conducted using funds provided under this subsection shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (9) Administrative expenses The Secretary may retain up to one half of one percent of the funds provided under this subsection, and may transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration, to fund the award and oversight of grants made under this subsection. Funds retained shall remain available for obligation until September 30, 2015. (i) Local hiring (1) In general In the case of the funding made available under subsections (a) through (h) of this section, the Secretary of Transportation may establish standards under which a contract for construction may be advertised that contains requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed to perform construction work required under the contract, provided that— (A) all or part of the construction work performed under the contract occurs in an area designated by the Secretary as an area of high unemployment, using data reported by the United States Department of Labor, Bureau of Labor Statistics; (B) the estimated cost of the project of which the contract is a part is greater than $10 million, except that the estimated cost of the project in the case of construction funded under subsection (c) shall be greater than $50 million; and (C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade; provided that the recipient may require the hiring of such individuals if the recipient establishes reasonable provisions to train such individuals to perform any such work under the contract effectively. (2) Project standards (A) In general Any standards established by the Secretary under this section shall ensure that any requirements specified under subsection (c)(1)— (i) do not compromise the quality of the project; (ii) are reasonable in scope and application; (iii) do not unreasonably delay the completion of the project; and (iv) do not unreasonably increase the cost of the project. (B) Available programs The Secretary shall make available to recipients the workforce development and training programs set forth in section 24604(e)(1)(D) of this title to assist recipients who wish to establish training programs that satisfy the provisions of section (c)(1)(C). The Secretary of Labor shall make available its qualifying workforce and training development programs to recipients who wish to establish training programs that satisfy the provisions of section (c)(1)(C). (3) Implementing regulations The Secretary shall promulgate final regulations to implement the authority of this subsection. (j) Administrative provisions (1) Applicability of title 40 Each project conducted using funds provided under this subtitle shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (2) Buy American Section 1605 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) applies to each project conducted using funds provided under this subtitle. E Building and upgrading infrastructure for long-Term development 242. Short title This subtitle may be cited as the Building and Upgrading Infrastructure for Long-Term Development Act . 243. Findings and purpose (a) Findings Congress finds that— (1) infrastructure has always been a vital element of the economic strength of the United States and a key indicator of the international leadership of the United States; (2) the Erie Canal, the Hoover Dam, the railroads, and the interstate highway system are all testaments to American ingenuity and have helped propel and maintain the United States as the world’s largest economy; (3) according to the World Economic Forum’s Global Competitiveness Report, the United States fell to second place in 2009, and dropped to fourth place overall in 2010, however, in the Quality of overall infrastructure category of the same report, the United States ranked twenty-third in the world; (4) according to the World Bank’s 2010 Logistic Performance Index, the capacity of countries to efficiently move goods and connect manufacturers and consumers with international markets is improving around the world, and the United States now ranks seventh in the world in logistics-related infrastructure behind countries from both Europe and Asia; (5) according to a January 2009 report from the University of Massachusetts/Alliance for American Manufacturing entitled Employment, Productivity and Growth, infrastructure investment is a highly effective engine of job creation ; (6) according to the American Society of Civil Engineers, the current condition of the infrastructure in the United States earns a grade point average of D, and an estimated $2,200,000,000,000 investment is needed over the next 5 years to bring American infrastructure up to adequate condition; (7) according to the National Surface Transportation Policy and Revenue Study Commission, $225,000,000,000 is needed annually from all sources for the next 50 years to upgrade the United States surface transportation system to a state of good repair and create a more advanced system; (8) the current infrastructure financing mechanisms of the United States, both on the Federal and State level, will fail to meet current and foreseeable demands and will create large funding gaps; (9) published reports state that there may not be enough demand for municipal bonds to maintain the same level of borrowing at the same rates, resulting in significantly decreased infrastructure investment at the State and local level; (10) current funding mechanisms are not readily scalable and do not— (A) serve large in-State or cross jurisdiction infrastructure projects, projects of regional or national significance, or projects that cross sector silos; (B) sufficiently catalyze private sector investment; or (C) ensure the optimal return on public resources; (11) although grant programs of the United States Government must continue to play a central role in financing the transportation, environment, and energy infrastructure needs of the United States, current and foreseeable demands on existing Federal, State, and local funding for infrastructure expansion clearly exceed the resources to support these programs by margins wide enough to prompt serious concerns about the United States ability to sustain long-term economic development, productivity, and international competitiveness; (12) the capital markets, including pension funds, private equity funds, mutual funds, sovereign wealth funds, and other investors, have a growing interest in infrastructure investment and represent hundreds of billions of dollars of potential investment; and (13) the establishment of a United States Government-owned, independent, professionally managed institution that could provide credit support to qualified infrastructure projects of regional and national significance, making transparent merit-based investment decisions based on the commercial viability of infrastructure projects, would catalyze the participation of significant private investment capital. (b) Purpose The purpose of this Act is to facilitate investment in, and long-term financing of, economically viable infrastructure projects of regional or national significance in a manner that both complements existing Federal, State, local, and private funding sources for these projects and introduces a merit-based system for financing such projects, in order to mobilize significant private sector investment, create jobs, and ensure United States competitiveness through an institution that limits the need for ongoing Federal funding. 244. Definitions For purposes of this Act, the following definitions shall apply: (1) AIFA The term AIFA means the American Infrastructure Financing Authority established under this Act. (2) Blind trust The term blind trust means a trust in which the beneficiary has no knowledge of the specific holdings and no rights over how those holdings are managed by the fiduciary of the trust prior to the dissolution of the trust. (3) Board of directors The term Board of Directors means Board of Directors of AIFA. (4) Chairperson The term Chairperson means the Chairperson of the Board of Directors of AIFA. (5) Chief executive officer The term chief executive officer means the chief executive officer of AIFA, appointed under section 247. (6) Cost The term cost has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (7) Direct loan The term direct loan has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (8) Eligible entity The term eligible entity means an individual, corporation, partnership (including a public-private partnership), joint venture, trust, State, or other non-Federal governmental entity, including a political subdivision or any other instrumentality of a State, or a revolving fund. (9) Infrastructure project (A) In general The term eligible infrastructure project means any non-Federal transportation, water, or energy infrastructure project, or an aggregation of such infrastructure projects, as provided in this Act. (B) Transportation infrastructure project The term transportation infrastructure project means the construction, alteration, or repair, including the facilitation of intermodal transit, of the following subsectors: (i) Highway or road. (ii) Bridge. (iii) Mass transit. (iv) Inland waterways. (v) Commercial ports. (vi) Airports. (vii) Air traffic control systems. (viii) Passenger rail, including high-speed rail. (ix) Freight rail systems. (C) Water infrastructure project The term water infrastructure project means the construction, consolidation, alteration, or repair of the following subsectors: (i) Waterwaste treatment facility. (ii) Storm water management system. (iii) Dam. (iv) Solid waste disposal facility. (v) Drinking water treatment facility. (vi) Levee. (vii) Open space management system. (D) Energy infrastructure project The term energy infrastructure project means the construction, alteration, or repair of the following subsectors: (i) Pollution reduced energy generation. (ii) Transmission and distribution. (iii) Storage. (iv) Energy efficiency enhancements for buildings, including public and commercial buildings. (E) Board authority to modify subsectors The Board of Directors may make modifications, at the discretion of the Board, to the subsectors described in this paragraph by a vote of not fewer than 5 of the voting members of the Board of Directors. (10) Investment prospectus (A) The term investment prospectus means the processes and publications described below that will guide the priorities and strategic focus for AIFA’s investments. The investment prospectus shall follow rulemaking procedures under section 553 of title 5, United States Code. (B) AIFA shall publish a detailed description of its strategy in an investment prospectus within one year of the enactment of this subchapter. The investment prospectus shall— (i) specify what AIFA shall consider significant to the economic competitiveness of the United States or a region thereof in a manner consistent with the primary objective; (ii) specify the priorities and strategic focus of AIFA in forwarding its strategic objectives and carrying out AIFA strategy; (iii) specify the priorities and strategic focus of AIFA in promoting greater efficiency in the movement of freight; (iv) specify the priorities and strategic focus of AIFA in promoting the use of innovation and best practices in the planning, design, development and delivery of projects; (v) describe in detail the framework and methodology for calculating application qualification scores and associated ranges as specified in this subchapter, along with the data to be requested from applicants and the mechanics of calculations to be applied to that data to determine qualification scores and ranges; (vi) describe how selection criteria will be applied by the Chief Executive Officer in determining the competitiveness of an application and its qualification score and range relative to other current applications and previously funded applications; and (vii) describe how the qualification score and range methodology and project selection framework are consistent with maximizing AIFA goals in both urban and rural areas. (C) The investment prospectus and any subsequent updates thereto shall be approved by a majority vote of the Board of Directors prior to publication. (D) AIFA shall update the investment prospectus on every biennial anniversary of its original publication. (11) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, or higher assigned to an infrastructure project by a ratings agency. (12) Loan guarantee The term loan guarantee has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (13) Public-private partnership The term public-private partnership means any eligible entity— (A) (i) which is undertaking the development of all or part of an infrastructure project that will have a public benefit, pursuant to requirements established in one or more contracts between the entity and a State or an instrumentality of a State; or (ii) the activities of which, with respect to such an infrastructure project, are subject to regulation by a State or any instrumentality of a State; (B) which owns, leases, or operates or will own, lease, or operate, the project in whole or in part; and (C) the participants in which include not fewer than 1 nongovernmental entity with significant investment and some control over the project or project vehicle. (14) Rural infrastructure project The term rural infrastructure project means an infrastructure project in a rural area, as that term is defined in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ). (15) Secretary Unless the context otherwise requires, the term Secretary means the Secretary of the Treasury or the designee thereof. (16) Senior management The term senior management means the chief financial officer, chief risk officer, chief compliance officer, general counsel, chief lending officer, and chief operations officer of AIFA established under section 249, and such other officers as the Board of Directors may, by majority vote, add to senior management. (17) State The term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and any other territory of the United States. I American infrastructure financing authority 245. Establishment and general authority of AIFA (a) Establishment of AIFA The American Infrastructure Financing Authority is established as a wholly owned Government corporation. (b) General authority of AIFA AIFA shall provide direct loans and loan guarantees to facilitate infrastructure projects that are both economically viable and of regional or national significance, and shall have such other authority, as provided in this Act. (c) Incorporation (1) In general The Board of Directors first appointed shall be deemed the incorporator of AIFA, and the incorporation shall be held to have been effected from the date of the first meeting of the Board of Directors. (2) Corporate office AIFA shall— (A) maintain an office in Washington, DC; and (B) for purposes of venue in civil actions, be considered to be a resident of Washington, DC. (d) Responsibility of the secretary The Secretary shall take such action as may be necessary to assist in implementing AIFA, and in carrying out the purpose of this Act. (e) Rule of construction Chapter 91 of title 31, United States Code, does not apply to AIFA, unless otherwise specifically provided in this Act. 246. Voting members of the Board of Directors (a) Voting membership of the board of directors (1) In general AIFA shall have a Board of Directors consisting of 7 voting members appointed by the President, by and with the advice and consent of the Senate, not more than 4 of whom shall be from the same political party. (2) Chairperson One of the voting members of the Board of Directors shall be designated by the President to serve as Chairperson thereof. (3) Congressional recommendations Not later than 30 days after the date of enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each submit a recommendation to the President for appointment of a member of the Board of Directors, after consultation with the appropriate committees of Congress. (b) Voting rights Each voting member of the Board of Directors shall have an equal vote in all decisions of the Board of Directors. (c) Qualifications of voting members Each voting member of the Board of Directors shall— (1) be a citizen of the United States; and (2) have significant demonstrated expertise in— (A) the management and administration of a financial institution relevant to the operation of AIFA; or a public financial agency or authority; (B) the financing, development, or operation of infrastructure projects; or (C) analyzing the economic benefits of infrastructure investment. (d) Terms (1) In general Except as otherwise provided in this Act, each voting member of the Board of Directors shall be appointed for a term of 4 years. (2) Initial staggered terms Of the voting members first appointed to the Board of Directors— (A) the initial Chairperson and 3 of the other voting members shall each be appointed for a term of 4 years; and (B) the remaining 3 voting members shall each be appointed for a term of 2 years. (3) Date of initial nominations The initial nominations for the appointment of all voting members of the Board of Directors shall be made not later than 60 days after the date of enactment of this Act. (4) Beginning of term The term of each of the initial voting members appointed under this section shall commence immediately upon the date of appointment, except that, for purposes of calculating the term limits specified in this subsection, the initial terms shall each be construed as beginning on January 22 of the year following the date of the initial appointment. (5) Vacancies A vacancy in the position of a voting member of the Board of Directors shall be filled by the President, and a member appointed to fill a vacancy on the Board of Directors occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (e) Meetings (1) Open to the public; notice Except as provided in paragraph (3), all meetings of the Board of Directors shall be— (A) open to the public; and (B) preceded by reasonable public notice. (2) Frequency The Board of Directors shall meet not later than 60 days after the date on which all members of the Board of Directors are first appointed, at least quarterly thereafter, and otherwise at the call of either the Chairperson or 5 voting members of the Board of Directors. (3) Exception for closed meetings The voting members of the Board of Directors may, by majority vote, close a meeting to the public if, during the meeting to be closed, there is likely to be disclosed proprietary or sensitive information regarding an infrastructure project under consideration for assistance under this Act. The Board of Directors shall prepare minutes of any meeting that is closed to the public, and shall make such minutes available as soon as practicable, not later than 1 year after the date of the closed meeting, with any necessary redactions to protect any proprietary or sensitive information. (4) Quorum For purposes of meetings of the Board of Directors, 5 voting members of the Board of Directors shall constitute a quorum. (f) Compensation of members Each voting member of the Board of Directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board of Directors. (g) Conflicts of interest A voting member of the Board of Directors may not participate in any review or decision affecting an infrastructure project under consideration for assistance under this Act, if the member has or is affiliated with an entity who has a financial interest in such project. 247. Chief executive officer of AIFA (a) In general The chief executive officer of AIFA shall be a nonvoting member of the Board of Directors, who shall be responsible for all activities of AIFA, and shall support the Board of Directors as set forth in this Act and as the Board of Directors deems necessary or appropriate. (b) Appointment and tenure of the chief executive officer (1) In general The President shall appoint the chief executive officer, by and with the advice and consent of the Senate. (2) Term The chief executive officer shall be appointed for a term of 6 years. (3) Vacancies Any vacancy in the office of the chief executive officer shall be filled by the President, and the person appointed to fill a vacancy in that position occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (c) Qualifications The chief executive officer— (1) shall have significant expertise in management and administration of a financial institution, or significant expertise in the financing and development of infrastructure projects, or significant expertise in analyzing the economic benefits of infrastructure investment; and (2) may not— (A) hold any other public office; (B) have any financial interest in an infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (C) have any financial interest in an investment institution or its affiliates or any other entity seeking or likely to seek financial assistance for any infrastructure project from AIFA, unless any such interest is placed in a blind trust for the tenure of the service of the chief executive officer plus 2 additional years. (d) Responsibilities The chief executive officer shall have such executive functions, powers, and duties as may be prescribed by this Act, the bylaws of AIFA, or the Board of Directors, including— (1) responsibility for the development and implementation of the strategy of AIFA, including— (A) the development and submission to the Board of Directors of the investment prospectus, the annual business plans and budget; (B) the development and submission to the Board of Directors of a long-term strategic plan; and (C) the development, revision, and submission to the Board of Directors of internal policies; and (2) responsibility for the management and oversight of the daily activities, decisions, operations, and personnel of AIFA, including— (A) the appointment of senior management, subject to approval by the voting members of the Board of Directors, and the hiring and termination of all other AIFA personnel; (B) requesting the detail, on a reimbursable basis, of personnel from any Federal agency having specific expertise not available from within AIFA, following which request the head of the Federal agency may detail, on a reimbursable basis, any personnel of such agency reasonably requested by the chief executive officer; (C) assessing and recommending in the first instance, for ultimate approval or disapproval by the Board of Directors, compensation and adjustments to compensation of senior management and other personnel of AIFA as may be necessary for carrying out the functions of AIFA; (D) ensuring, in conjunction with the general counsel of AIFA, that all activities of AIFA are carried out in compliance with applicable law; (E) overseeing the involvement of AIFA in all projects, including— (i) developing eligible projects for AIFA financial assistance; (ii) determining the terms and conditions of all financial assistance packages; (iii) monitoring all infrastructure projects assisted by AIFA, including responsibility for ensuring that the proceeds of any loan made, guaranteed, or participated in are used only for the purposes for which the loan or guarantee was made; (iv) preparing and submitting for approval by the Board of Directors the documents required under paragraph (1); and (v) ensuring the implementation of decisions of the Board of Directors; and (F) such other activities as may be necessary or appropriate in carrying out this Act. (e) Compensation (1) In general Any compensation assessment or recommendation by the chief executive officer under this section shall be without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. (2) Considerations The compensation assessment or recommendation required under this subsection shall take into account merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel. 248. Powers and duties of the Board of Directors The Board of Directors shall— (1) as soon as is practicable after the date on which all members are appointed, approve or disapprove senior management appointed by the chief executive officer; (2) not later than 180 days after the date on which all members are appointed— (A) develop and approve the bylaws of AIFA, including bylaws for the regulation of the affairs and conduct of the business of AIFA, consistent with the purpose, goals, objectives, and policies set forth in this Act; (B) establish subcommittees, including an audit committee that is composed solely of members of the Board of Directors who are independent of the senior management of AIFA; (C) develop and approve, in consultation with senior management, a conflict-of-interest policy for the Board of Directors and for senior management; (D) approve or disapprove internal policies that the chief executive officer shall submit to the Board of Directors, including— (i) policies regarding the loan application and approval process, including— (I) disclosure and application procedures to be followed by entities in the course of nominating infrastructure projects for assistance under this Act; (II) guidelines for the selection and approval of projects; (III) specific criteria for determining eligibility for project selection, consistent with title II; and (IV) standardized terms and conditions, fee schedules, or legal requirements of a contract or program, so as to carry out this Act; and (ii) operational guidelines; and (E) approve or disapprove a multi-year or 1-year business plan and budget for AIFA; (3) ensure that AIFA is at all times operated in a manner that is consistent with this Act, by— (A) monitoring and assessing the effectiveness of AIFA in achieving its strategic goals; (B) periodically reviewing internal policies; (C) reviewing and approving annual business plans, annual budgets, and long-term strategies submitted by the chief executive officer; (D) reviewing and approving annual reports submitted by the chief executive officer; (E) engaging one or more external auditors, as set forth in this Act; and (F) reviewing and approving all changes to the organization of senior management; (4) appoint and fix, by a vote of 5 of the 7 voting members of the Board of Directors, and without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code, the compensation and adjustments to compensation of all AIFA personnel, and where, in appointing and fixing any compensation or adjustments to compensation under this paragraph, the Board shall— (A) consult with, and seek to maintain comparability with, other comparable Federal personnel; (B) consult with the Office of Personnel Management; and (C) carry out such duties consistent with merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel; (5) establish such other criteria, requirements, or procedures as the Board of Directors may consider to be appropriate in carrying out this Act; (6) serve as the primary liaison for AIFA in interactions with Congress, the Executive Branch, and State and local governments, and to represent the interests of AIFA in such interactions and others; (7) approve by a vote of 5 of the 7 voting members of the Board of Directors any changes to the bylaws or internal policies of AIFA; (8) have the authority and responsibility— (A) to oversee entering into and carry out such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out this Act with— (i) any Federal department or agency; (ii) any State, territory, or possession (or any political subdivision thereof, including State infrastructure banks) of the United States; and (iii) any individual, public-private partnership, firm, association, or corporation; (B) to approve of the acquisition, lease, pledge, exchange, and disposal of real and personal property by AIFA and otherwise approve the exercise by AIFA of all of the usual incidents of ownership of property, to the extent that the exercise of such powers is appropriate to and consistent with the purposes of AIFA; (C) to determine the character of, and the necessity for, the obligations and expenditures of AIFA, and the manner in which the obligations and expenditures will be incurred, allowed, and paid, subject to this Act and other Federal law specifically applicable to wholly owned Federal corporations; (D) to execute, in accordance with applicable bylaws and regulations, appropriate instruments; (E) to approve other forms of credit enhancement that AIFA may provide to eligible projects, as long as the forms of credit enhancements are consistent with the purposes of this Act and terms set forth in title II; (F) to exercise all other lawful powers which are necessary or appropriate to carry out, and are consistent with, the purposes of AIFA; (G) to sue or be sued in the corporate capacity of AIFA in any court of competent jurisdiction; (H) to indemnify the members of the Board of Directors and officers of AIFA for any liabilities arising out of the actions of the members and officers in such capacity, in accordance with, and subject to the limitations contained in this Act; (I) to review all financial assistance packages to all eligible infrastructure projects, as submitted by the chief executive officer and to approve, postpone, or deny the same by majority vote; (J) to review all restructuring proposals submitted by the chief executive officer, including assignation, pledging, or disposal of the interest of AIFA in a project, including payment or income from any interest owned or held by AIFA, and to approve, postpone, or deny the same by majority vote; and (K) to enter into binding commitments, as specified in approved financial assistance packages; (9) delegate to the chief executive officer those duties that the Board of Directors deems appropriate, to better carry out the powers and purposes of the Board of Directors under this section; and (10) to approve a maximum aggregate amount of outstanding obligations of AIFA at any given time, taking into consideration funding, and the size of AIFA’s addressable market for infrastructure projects. 249. Senior management (a) In general Senior management shall support the chief executive officer in the discharge of the responsibilities of the chief executive officer. (b) Appointment of senior management The chief executive officer shall appoint such senior managers as are necessary to carry out the purpose of AIFA, as approved by a majority vote of the voting members of the Board of Directors. (c) Term Each member of senior management shall serve at the pleasure of the chief executive officer and the Board of Directors. (d) Removal of senior management Any member of senior management may be removed, either by a majority of the voting members of the Board of Directors upon request by the chief executive officer, or otherwise by vote of not fewer than 5 voting members of the Board of Directors. (e) Senior management (1) In general Each member of senior management shall report directly to the chief executive officer, other than the Chief Risk Officer, who shall report directly to the Board of Directors. (2) Duties and responsibilities (A) Chief financial officer The Chief Financial Officer shall be responsible for all financial functions of AIFA. At the discretion of the Board of Directors, specific functions of the Chief Financial Officer may be delegated externally. (B) Chief risk officer The Chief Risk Officer shall be responsible for all functions of AIFA relating to— (i) the creation of financial, credit, and operational risk management guidelines and policies; (ii) credit analysis for infrastructure projects; (iii) the creation of conforming standards for infrastructure finance agreements; (iv) the monitoring of the financial, credit, and operational exposure of AIFA; and (v) risk management and mitigation actions, including by reporting such actions, or recommendations of such actions to be taken, directly to the Board of Directors. (C) Chief compliance officer The Chief Compliance Officer shall be responsible for all functions of AIFA relating to internal audits, accounting safeguards, and the enforcement of such safeguards and other applicable requirements. (D) General counsel The General Counsel shall be responsible for all functions of AIFA relating to legal matters and, in consultation with the chief executive officer, shall be responsible for ensuring that AIFA complies with all applicable law. (E) Chief operations officer The Chief Operations Officer shall be responsible for all operational functions of AIFA, including those relating to the continuing operations and performance of all infrastructure projects in which AIFA retains an interest and for all AIFA functions related to human resources. (F) Chief lending officer The Chief Lending Officer shall be responsible for— (i) all functions of AIFA relating to the development of project pipeline, financial structuring of projects, selection of infrastructure projects to be reviewed by the Board of Directors, preparation of infrastructure projects to be presented to the Board of Directors, and set aside for rural infrastructure projects; (ii) the creation and management of— (I) a Center for Excellence to provide technical assistance to public sector borrowers in the development and financing of infrastructure projects; and (II) an Office of Rural Assistance to provide technical assistance in the development and financing of rural infrastructure projects; and (iii) the establishment of guidelines to ensure diversification of lending activities by region, infrastructure project type, and project size. (f) Changes to senior management The Board of Directors, in consultation with the chief executive officer, may alter the structure of the senior management of AIFA at any time to better accomplish the goals, objectives, and purposes of AIFA, except that the functions of the Chief Financial Officer set forth in subsection (e) shall remain separate from the functions of the Chief Risk Officer set forth in subsection (e). (g) Conflicts of interest No individual appointed to senior management may— (1) hold any other public office; (2) have any financial interest in an infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (3) have any financial interest in an investment institution or its affiliates, AIFA or its affiliates, or other entity then seeking or likely to seek financial assistance for any infrastructure project from AIFA, unless any such interest is placed in a blind trust during the term of service of that individual in a senior management position, and for a period of 2 years thereafter. 250. Special Inspector General for AIFA (a) In general During the first 5 operating years of AIFA, the Office of the Inspector General of the Department of the Treasury shall have responsibility for AIFA. (b) Office of the special inspector general Effective 5 years after the date of enactment of the commencement of the operations of AIFA, there is established the Office of the Special Inspector General for AIFA. (c) Appointment of Inspector General; Removal (1) Head of office The head of the Office of the Special Inspector General for AIFA shall be the Special Inspector General for AIFA (in this Act referred to as the Special Inspector General ), who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Basis of appointment The appointment of the Special Inspector General shall be made on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Timing of nomination The nomination of an individual as Special Inspector General shall be made as soon as is practicable after the effective date under subsection (b). (4) Removal The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) Rule of construction For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Rate of pay The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay for an Inspector General under section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App.). (d) Duties (1) In general It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the business activities of AIFA. (2) Other systems, procedures, and controls The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duty under paragraph (1). (3) Additional duties In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978. (e) Powers and authorities (1) In general In carrying out the duties specified in subsection (c), the Special Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978. (2) Additional authority The Special Inspector General shall carry out the duties specified in subsection (c)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (f) Personnel, facilities, and other resources (1) Additional officers (A) The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) The Special Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (2) Retention of services The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Ability to contract for audits, studies, and other services The Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4) Request for information (A) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Refusal to comply Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of the Treasury, without delay. (g) Reports (1) Annual report Not later than 1 year after the confirmation of the Special Inspector General, and every calendar year thereafter, the Special Inspector General shall submit to the President a report summarizing the activities of the Special Inspector General during the previous 1-year period ending on the date of such report. (2) Public disclosures Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. 251. Other personnel Except as otherwise provided in the bylaws of AIFA, the chief executive officer, in consultation with the Board of Directors, shall appoint, remove, and define the duties of such qualified personnel as are necessary to carry out the powers, duties, and purpose of AIFA, other than senior management, who shall be appointed in accordance with section 249. 252. Compliance The provision of assistance by the Board of Directors pursuant to this Act shall not be construed as superseding any provision of State law or regulation otherwise applicable to an infrastructure project. II Terms and limitations on direct loans and loan guarantees 253. Eligibility criteria for assistance from AIFA and terms and limitations of loans (a) In general Any project whose use or purpose is private and for which no public benefit is created shall not be eligible for financial assistance from AIFA under this Act. Financial assistance under this Act shall only be made available if the applicant for such assistance has demonstrated to the satisfaction of the Board of Directors that the infrastructure project for which such assistance is being sought— (1) is not for the refinancing of an existing infrastructure project; and (2) meets— (A) any pertinent requirements set forth in this Act; (B) any criteria established by the Board of Directors or chief executive officer in accordance with this Act; and (C) the definition of a transportation infrastructure project, water infrastructure project, or energy infrastructure project. (b) Considerations The criteria established by the Board of Directors pursuant to this Act shall provide adequate consideration of— (1) the economic, financial, technical, environmental, and public benefits and costs of each infrastructure project under consideration for financial assistance under this Act, prioritizing infrastructure projects that— (A) contribute to regional or national economic growth; (B) offer value for money to the Government; (C) demonstrate a clear and significant public benefit; (D) lead to job creation; and (E) mitigate environmental concerns; (2) the means by which development of the infrastructure project under consideration is being financed, including— (A) the terms, conditions, and structure of the proposed financing; (B) the credit worthiness and standing of the project sponsors, providers of equity, and cofinanciers; (C) the financial assumptions and projections on which the infrastructure project is based; and (D) whether there is sufficient State or municipal political support for the successful completion of the infrastructure project; (3) the likelihood that the provision of assistance by AIFA will cause such development to proceed more promptly and with lower costs than would be the case without such assistance; (4) the extent to which the provision of assistance by AIFA maximizes the level of private investment in the infrastructure project or supports a public-private partnership, while providing a significant public benefit; (5) the extent to which the provision of assistance by AIFA can mobilize the participation of other financing partners in the infrastructure project; (6) the technical and operational viability of the infrastructure project; (7) the proportion of financial assistance from AIFA; (8) the geographic location of the project in an effort to have geographic diversity of projects funded by AIFA; (9) the size of the project and its impact on the resources of AIFA; (10) the infrastructure sector of the project, in an effort to have projects from more than one sector funded by AIFA; and (11) Encourages use of innovative procurement, asset management, or financing to minimize the all-in-life-cycle cost, and improve the cost-effectiveness of a project. (c) Application (1) In general Any eligible entity seeking assistance from AIFA under this Act for an eligible infrastructure project shall submit an application to AIFA at such time, in such manner, and containing such information as the Board of Directors or the chief executive officer may require. (2) Review of applications AIFA shall review applications for assistance under this Act on an ongoing basis. The chief executive officer, working with the senior management, shall prepare eligible infrastructure projects for review and approval by the Board of Directors. (3) Dedicated revenue sources The Federal credit instrument shall be repayable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the infrastructure project obligations. (d) Eligible infrastructure project costs (1) In general Except as provided in paragraph (2), to be eligible for assistance under this Act, an infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $100,000,000. (2) Rural infrastructure projects To be eligible for assistance under this Act a rural infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $25,000,000. (e) Loan eligibility and maximum amounts (1) In general The amount of a direct loan or loan guarantee under this Act shall not exceed the lesser of 50 percent of the reasonably anticipated eligible infrastructure project costs or, if the direct loan or loan guarantee does not receive an investment grade rating, the amount of the senior project obligations. (2) Maximum annual loan and loan guarantee volume The aggregate amount of direct loans and loan guarantees made by AIFA in any single fiscal year may not exceed— (A) during the first 2 fiscal years of the operations of AIFA, $10,000,000,000; (B) during fiscal years 3 through 9 of the operations of AIFA, $20,000,000,000; or (C) during any fiscal year thereafter, $50,000,000,000. (f) State and local permits required The provision of assistance by the Board of Directors pursuant to this Act shall not be deemed to relieve any recipient of such assistance, or the related infrastructure project, of any obligation to obtain required State and local permits and approvals. (g) Employee protections As a condition for the provision of financial assistance by the Board of Directors pursuant to this Act, the interests of employees affected by the financial assistance shall be protected under arrangements the Secretary of Labor concludes are fair and equitable in accordance with section 5333(b)(2) of title 49, United States Code. 254. Loan terms and repayment (a) In general A direct loan or loan guarantee under this Act with respect to an eligible infrastructure project shall be on such terms, subject to such conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the chief executive officer determines appropriate. (b) Terms A direct loan or loan guarantee under this Act— (1) shall— (A) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the senior project obligations (such as availability payments and dedicated State or local revenues); and (B) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (2) may have a lien on revenues described in paragraph (1), subject to any lien securing project obligations. (c) Base interest rate The base interest rate on a direct loan under this Act shall be not less than the yield on United States Treasury obligations of a similar maturity to the maturity of the direct loan. (d) Risk assessment Before entering into an agreement for assistance under this Act, the chief executive officer, in consultation with the Director of the Office of Management and Budget and considering rating agency preliminary or final rating opinion letters of the project under this section, shall estimate an appropriate Federal credit subsidy amount for each direct loan and loan guarantee, taking into account such letter, as well as any comparable market rates available for such a loan or loan guarantee, should any exist. The final credit subsidy cost for each loan and loan guarantee shall be determined consistent with the Federal Credit Reform Act, 2 U.S.C. 661a , et seq. (e) Credit fee (1) In general With respect to each agreement for assistance under this Act, the chief executive officer may charge a credit fee to the recipient of such assistance to pay for, over time, all or a portion of the Federal credit subsidy determined under subsection (d), with the remainder paid by the account established for AIFA. (2) Treatment of source of fees The source of fees paid under this section shall not be a loan or debt obligation guaranteed by the Federal Government. (3) Credit fee on a direct loan In the case of a direct loan, such credit fee shall be in addition to the base interest rate established under subsection (c). (f) Maturity date The final maturity date of a direct loan or loan guaranteed by AIFA under this Act shall be not later than 35 years after the date of substantial completion of the infrastructure project, as determined by the chief executive officer. (g) Rating opinion letter (1) In general The chief executive officer shall require each applicant for assistance under this Act to provide a rating opinion letter from at least 1 ratings agency, indicating that the senior obligations of the infrastructure project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating. (2) Rural infrastructure projects With respect to a rural infrastructure project, a rating agency opinion letter described in paragraph (1) shall not be required, except that the loan or loan guarantee shall receive an internal rating score, using methods similar to the ratings agencies generated by AIFA, measuring the proposed direct loan or loan guarantee against comparable direct loans or loan guarantees of similar credit quality in a similar sector. (h) Investment-Grade Rating Requirement (1) Loans and loan guarantees The execution of a direct loan or loan guarantee under this Act shall be contingent on the senior obligations of the infrastructure project receiving an investment-grade rating. (2) Rating of AIFA overall portfolio The average rating of the overall portfolio of AIFA shall be not less than investment grade after 5 years of operation. (i) Terms and repayment of direct loans (1) Schedule The chief executive officer shall establish a repayment schedule for each direct loan under this Act, based on the projected cash flow from infrastructure project revenues and other repayment sources. (2) Commencement Scheduled loan repayments of principal or interest on a direct loan under this Act shall commence not later than 5 years after the date of substantial completion of the infrastructure project, as determined by the chief executive officer of AIFA. (3) Deferred payments of direct loans (A) Authorization If, at any time after the date of substantial completion of an infrastructure project assisted under this Act, the infrastructure project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan under this Act, the chief executive officer may allow the obligor to add unpaid principal and interest to the outstanding balance of the direct loan, if the result would benefit the Government. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest, in accordance with the terms of the obligation, until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the infrastructure project meeting criteria established by the Board of Directors. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment of direct loans (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the infrastructure project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations under this Act may be applied annually to prepay the direct loan, without penalty. (B) Use of proceeds of refinancing A direct loan under this Act may be prepaid at any time, without penalty, from the proceeds of refinancing from non-Federal funding sources. (5) Sale of direct loans (A) In general As soon as is practicable after substantial completion of an infrastructure project assisted under this Act, and after notifying the obligor, the chief executive officer may sell to another entity, or reoffer into the capital markets, a direct loan for the infrastructure project, if the chief executive officer determines that the sale or reoffering can be made on favorable terms for the Government. (B) Consent of obligor In making a sale or reoffering under subparagraph (A), the chief executive officer may not change the original terms and conditions of the direct loan, without the written consent of the obligor. (j) Loan guarantees (1) Terms The terms of a loan guaranteed by AIFA under this Act shall be consistent with the terms set forth in this section for a direct loan, except that the rate on the guaranteed loan and any payment, pre-payment, or refinancing features shall be negotiated between the obligor and the lender, with the consent of the chief executive officer. (2) Guaranteed lender A guaranteed lender shall be limited to those lenders meeting the definition of that term in section 601(a) of title 23, United States Code. (k) Compliance with FCRA; in general Direct loans and loan guarantees authorized by this Act shall be subject to the provisions of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ). 255. Compliance and enforcement (a) Credit agreement Notwithstanding any other provision of law, each eligible entity that receives assistance under this Act from AIFA shall enter into a credit agreement that requires such entity to comply with all applicable policies and procedures of AIFA, in addition to all other provisions of the loan agreement. (b) AIFA authority on noncompliance In any case in which a recipient of assistance under this Act is materially out of compliance with the loan agreement, or any applicable policy or procedure of AIFA, the Board of Directors may take action to cancel unutilized loan amounts, or to accelerate the repayment terms of any outstanding obligation. (c) Construction Nothing in this Act is intended to affect existing provisions of law applicable to the planning, development, construction, or operation of projects funded under the Act. 256. Audits; reports to the President and Congress (a) Accounting The books of account of AIFA shall be maintained in accordance with generally accepted accounting principles, and shall be subject to an annual audit by independent public accountants of nationally recognized standing appointed by the Board of Directors. (b) Reports (1) Board of directors Not later than 90 days after the last day of each fiscal year, the Board of Directors shall submit to the President and Congress a complete and detailed report with respect to the preceding fiscal year, setting forth— (A) a summary of the operations of AIFA, for such fiscal year; (B) a schedule of the obligations of AIFA and capital securities outstanding at the end of such fiscal year, with a statement of the amounts issued and redeemed or paid during such fiscal year; (C) the status of infrastructure projects receiving funding or other assistance pursuant to this Act during such fiscal year, including all nonperforming loans, and including disclosure of all entities with a development, ownership, or operational interest in such infrastructure projects; (D) a description of the successes and challenges encountered in lending to rural communities, including the role of the Center for Excellence and the Office of Rural Assistance established under this Act; and (E) an assessment of the risks of the portfolio of AIFA, prepared by an independent source. (2) GAO Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct an evaluation of, and shall submit to Congress a report on, activities of AIFA for the fiscal years covered by the report that includes an assessment of the impact and benefits of each funded infrastructure project, including a review of how effectively each such infrastructure project accomplished the goals prioritized by the infrastructure project criteria of AIFA. (c) Books and records (1) In general AIFA shall maintain adequate books and records to support the financial transactions of AIFA, with a description of financial transactions and infrastructure projects receiving funding, and the amount of funding for each such project maintained on a publically accessible database. (2) Audits by the secretary and gao The books and records of AIFA shall at all times be open to inspection by the Secretary of the Treasury, the Special Inspector General, and the Comptroller General of the United States. III Funding of AIFA 257. Administrative fees (a) In general In addition to fees that may be collected under section 254(e), the chief executive officer shall establish and collect fees from eligible funding recipients with respect to loans and loan guarantees under this Act that— (1) are sufficient to cover all or a portion of the administrative costs to the Federal Government for the operations of AIFA, including the costs of expert firms, including counsel in the field of municipal and project finance, and financial advisors to assist with underwriting, credit analysis, or other independent reviews, as appropriate; (2) may be in the form of an application or transaction fee, or other form established by the chief executive officer; and (3) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration— (A) the price of United States Treasury obligations of a similar maturity; (B) prevailing market conditions; (C) the ability of the infrastructure project to support the loan or loan guarantee; and (D) the total amount of the loan or loan guarantee. (b) Availability of amounts Amounts collected under subsections (a)(1), (a)(2)(a)(3) shall be available without further action, and the source of fees paid under this section shall not be a loan or debt obligation guaranteed by the Federal Government. 258. Efficiency of AIFA The chief executive officer shall, to the extent possible, take actions consistent with this Act to minimize the risk and cost to the Government of AIFA activities. Fees and premiums for loan guarantee or insurance coverage will be set at levels that minimize administrative and Federal credit subsidy costs to the Government, as defined in section 502 of the Federal Credit Reform Act of 1990, of such coverage, while supporting achievement of the program’s objectives, consistent with policies as set forth in the business plan. 259. Funding (a) In general There is hereby appropriated to AIFA to carry out this Act, for the cost of direct loans and loan guarantees subject to the limitations under section 253, and for administrative costs, $10,000,000,000, to remain available until expended. (b) Costs defined Such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Federal Credit Reform Act of 1990. (c) Administrative costs Of the amounts appropriated under subsection (a), not more than $25,000,000 for each of fiscal years 2012 through 2013, and not more than $50,000,000 for fiscal year 2014 may be used for administrative costs of AIFA. (d) Offsets of subsidy costs Not more than 5 percent of such amount may be used to offset subsidy costs associated with rural projects. IV Extension of exemption from alternative minimum tax treatment for certain tax-Exempt bonds 260. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds (a) In general Clause (vi) of section 57(a)(5)(C) of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2011 in subclause (I) and inserting January 1, 2015 ; and (2) by striking in 2009 and 2010 in the heading and inserting during the period 2009 through 2014 . (b) Adjusted current earnings Clause (iv) of section 56(g)(4)(B) of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2011 in subclause (I) and inserting January 1, 2015 ; and (2) by striking in 2009 and 2010 in the heading and inserting during the period 2009 through 2014 . (c) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2010. F Project rebuild 261. Project rebuild (a) Direct appropriations There is appropriated, out of any money in the Treasury not otherwise appropriated, $15,000,000,000, to remain available until September 30, 2016, for assistance to eligible entities including States and units of general local government (as such terms are defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 )), and qualified nonprofit organizations, businesses or consortia of eligible entities for the redevelopment of abandoned and foreclosed-upon properties and for the stabilization of affected neighborhoods. (b) Allocation of appropriated amounts (1) In general Of the amounts appropriated, two thirds shall be allocated to States and units of general local government based on a funding formula established by the Secretary of Housing and Urban Development (in this subtitle referred to as the Secretary ). Of the amounts appropriated, one third shall be distributed competitively to eligible entities. (2) Formula to be devised swiftly The funding formula required under paragraph (1) shall be established and the Secretary shall announce formula funding allocations, not later than 30 days after the date of enactment of this section. (3) Formula criteria The Secretary may establish a minimum grant size, and the funding formula required under paragraph (1) shall ensure that any amounts appropriated or otherwise made available under this section are allocated to States and units of general local government with the greatest need, as such need is determined in the discretion of the Secretary based on— (A) the number and percentage of home foreclosures in each State or unit of general local government; (B) the number and percentage of homes in default or delinquency in each State or unit of general local government; and (C) other factors such as established program designs, grantee capacity and performance, number and percentage of commercial foreclosures, overall economic conditions, and other market needs data, as determined by the Secretary. (4) Competition criteria (A) For the funds distributed competitively, eligible entities shall be States, units of general local government, nonprofit entities, for-profit entities, and consortia of eligible entities that demonstrate capacity to use funding within the period of this program. (B) In selecting grantees, the Secretary shall ensure that grantees are in areas with the greatest number and percentage of residential and commercial foreclosures and other market needs data, as determined by the Secretary. Additional award criteria shall include demonstrated grantee capacity to execute projects involving acquisition and rehabilitation or redevelopment of foreclosed residential and commercial property and neighborhood stabilization, leverage, knowledge of market conditions and of effective stabilization activities to address identified conditions, and any additional factors determined by the Secretary. (C) The Secretary may establish a minimum grant size. (D) The Secretary shall publish competition criteria for any grants awarded under this heading not later than 60 days after appropriation of funds, and applications shall be due to the Secretary within 120 days. (c) Use of funds (1) Obligation and expenditure The Secretary shall obligate all funding within 150 days of enactment of this Act. Any eligible entity that receives amounts pursuant to this section shall expend all funds allocated to it within three years of the date the funds become available to the grantee for obligation. Furthermore, the Secretary shall by Notice establish intermediate expenditure benchmarks at the one and two year dates from the date the funds become available to the grantee for obligation. (2) Priorities (A) Job creation Each grantee or eligible entity shall describe how its proposed use of funds will prioritize job creation, and secondly, will address goals to stabilize neighborhoods, reverse vacancy, or increase or stabilize residential and commercial property values. (B) Targeting Any State or unit of general local government that receives formula amounts pursuant to this section shall, in distributing and targeting such amounts give priority emphasis and consideration to those metropolitan areas, metropolitan cities, urban areas, rural areas, low- and moderate-income areas, and other areas with the greatest need, including those— (i) with the greatest percentage of home foreclosures; (ii) identified as likely to face a significant rise in the rate of residential or commercial foreclosures; and (iii) with higher than national average unemployment rate. (C) Leverage Each grantee or eligible entity shall describe how its proposed use of funds will leverage private funds. (3) Eligible uses Amounts made available under this section may be used to— (A) establish financing mechanisms for the purchase and redevelopment of abandoned and foreclosed-upon properties, including such mechanisms as soft-seconds, loan loss reserves, and shared-equity loans for low- and moderate-income homebuyers; (B) purchase and rehabilitate properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such properties; (C) establish and operate land banks for properties that have been abandoned or foreclosed upon; (D) demolish blighted structures; (E) redevelop abandoned, foreclosed, demolished, or vacant properties; and (F) engage in other activities, as determined by the Secretary through notice, that are consistent with the goals of creating jobs, stabilizing neighborhoods, reversing vacancy reduction, and increasing or stabilizing residential and commercial property values. (d) Limitations (1) On purchases Any purchase of a property under this section shall be at a price not to exceed its current market value, taking into account its current condition. (2) Rehabilitation Any rehabilitation of an eligible property under this section shall be to the extent necessary to comply with applicable laws, and other requirements relating to safety, quality, marketability, and habitability, in order to sell, rent, or redevelop such properties or provide a renewable energy source or sources for such properties. (3) Sale of homes If an abandoned or foreclosed-upon home is purchased, redeveloped, or otherwise sold to an individual as a primary residence, then such sale shall be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, marketable, and habitable condition. (4) On demolition of public housing Public housing, as defined at section 3(b)(6) of the United States Housing Act of 1937, may not be demolished with funds under this section. (5) On demolition activities No more than 10 percent of any grant made under this section may be used for demolition activities unless the Secretary determines that such use represents an appropriate response to local market conditions. (6) On use of funds for non-residential property No more than 30 percent of any grant made under this section may be used for eligible activities under subparagraphs (A), (B), and (E) of subsection (c)(3) that will not result in residential use of the property involved unless the Secretary determines that such use represents an appropriate response to local market conditions. (e) Rules of construction (1) In general Except as otherwise provided by this section, amounts appropriated, revenues generated, or amounts otherwise made available to eligible entities under this section shall be treated as though such funds were community development block grant funds under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. ). (2) No match No matching funds shall be required in order for an eligible entity to receive any amounts under this section. (3) Tenant protections An eligible entity receiving a grant under this section shall comply with the 14th, 17th, 18th, 19th, 20th, 21st, 22nd, and 23rd provisos under the heading Department of Housing and Urban Development—Community Planning and Development—Community Development Fund in title XII of division A of the American Recovery and Reinvestment Act of 2009American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 , 123 Stat. 218–19), as amended by section 1497(b)(2) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 , 124 Stat. 2211). (4) Vicinity hiring An eligible entity receiving a grant under this section shall comply with section 1497(a)(8) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 , 129 Stat. 2210). (f) Authority To specify alternative requirements (1) In general In administering the program under this section, the Secretary may specify alternative requirements to any provision under title I of the Housing and Community Development Act of 1974 or under title I of the Cranston-Gonzalez National Affordable Housing Act of 1990 (except for those provisions in these laws related to fair housing, nondiscrimination, labor standards, and the environment) for the purpose of expediting and facilitating the use of funds under this section. (2) Notice The Secretary shall provide written notice of intent to the public via internet to exercise the authority to specify alternative requirements under paragraph. (3) Low and moderate income requirement (A) In general Notwithstanding the authority of the Secretary under paragraph (1)— (i) all of the formula and competitive grantee funds appropriated or otherwise made available under this section shall be used with respect to individuals and families whose income does not exceed 120 percent of area median income; and (ii) not less than 25 percent of the formula and competitive grantee funds appropriated or otherwise made available under this section shall be used for the purchase and redevelopment of eligible properties that will be used to house individuals or families whose incomes do not exceed 50 percent of area median income. (B) Recurrent requirement The Secretary shall, by rule or order, ensure, to the maximum extent practicable and for the longest feasible term, that the sale, rental, or redevelopment of abandoned and foreclosed-upon homes and residential properties under this section remain affordable to individuals or families described in subparagraph (A). (g) Nationwide distribution of resources Notwithstanding any other provision of this section or the amendments made by this section, each State shall receive not less than $20,000,000 of formula funds. (h) Limitation on use of funds with respect to eminent domain No State or unit of general local government may use any amounts received pursuant to this section to fund any project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use, which shall not be construed to include economic development that primarily benefits private entities. (i) Limitation on distribution of funds (1) In general None of the funds made available under this section shall be distributed to— (A) an organization which has been indicted for a violation under Federal law relating to an election for Federal office; or (B) an organization which employs applicable individuals. (2) Applicable individuals defined In this section, the term applicable individual means an individual who— (A) is— (i) employed by the organization in a permanent or temporary capacity; (ii) contracted or retained by the organization; or (iii) acting on behalf of, or with the express or apparent authority of, the organization; and (B) has been indicted for a violation under Federal law relating to an election for Federal office. (j) Rental housing preferences Each State and local government receiving formula amounts shall establish procedures to create preferences for the development of affordable rental housing. (k) Job creation If a grantee chooses to use funds to create jobs by establishing and operating a program to maintain eligible neighborhood properties, not more than 10 percent of any grant may be used for that purpose. (l) Program support and capacity building The Secretary may use up to 0.75 percent of the funds appropriated for capacity building of and support for eligible entities and grantees undertaking neighborhood stabilization programs, staffing, training, technical assistance, technology, monitoring, travel, enforcement, research, and evaluation activities, subject to the following requirements: (1) Funds set aside for the purposes of this subparagraph shall remain available until September 30, 2018. (2) Any funds made available under this subparagraph and used by the Secretary for personnel expenses related to administering funding under this subparagraph shall be transferred to Personnel Compensation and Benefits, Community Planning and Development . (3) Any funds made available under this subparagraph and used by the Secretary for training or other administrative expenses shall be transferred to Administration, Operations, and Management, Community Planning and Development for non-personnel expenses. (4) Any funds made available under this subparagraph and used by the Secretary for technology shall be transferred to Working Capital Fund . (m) Enforcement and prevention of fraud and abuse The Secretary shall establish and implement procedures to prevent fraud and abuse of funds under this section, and shall impose a requirement that grantees have an internal auditor to continuously monitor grantee performance to prevent fraud, waste, and abuse. Grantees shall provide the Secretary and citizens with quarterly progress reports. The Secretary shall recapture funds from formula and competitive grantees that do not expend 100 percent of allocated funds within 3 years of the date that funds become available, and from underperforming or mismanaged grantees, and shall re-allocate those funds by formula to target areas with the greatest need, as determined by the Secretary through notice. The Secretary may take an alternative sanctions action only upon determining that such action is necessary to achieve program goals in a timely manner. (n) Conformance of policies and procedures The Secretary of Housing and Urban Development shall to the extent feasible conform policies and procedures for grants made under this section to the policies and practices already in place for the grants made under section 2301 of the Housing and Economic Recovery Act of 2008 ( 42 U.S.C. 5301 note); title XII of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 203); or section 1497 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (42 U.S.C. 5301 note). III Assistance for the unemployed and pathways back to work A Supporting unemployed workers 301. Short title This subtitle may be cited as the Supporting Unemployed Workers Act of 2013 . I Extension of emergency unemployment compensation and certain extended benefits provisions, and establishment of self-Employment assistance program 311. Extension of emergency unemployment compensation program (a) In general Section 4007 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended by striking January 1, 2014 and inserting January 1, 2016 . (b) Funding Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by inserting and at the end; and (3) by inserting after subparagraph (J) the following: (K) the amendments made by section 311(a) of the Supporting Unemployed Workers Act of 2013 ; and . (c) Effective date The amendments made by this section shall take effect as if included in the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ( Public Law 111–312 ; 26 U.S.C. 3304 note). 312. Temporary extension of extended benefit provisions (a) In general Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111–5 (26 U.S.C. 3304 note), is amended— (1) by striking December 31, 2013 each place it appears and inserting December 31, 2015 ; and (2) in subsection (c), by striking June 30, 2014 and inserting June 30, 2016 . (b) Extension of matching for states with no waiting week Section 5 of the Unemployment Compensation Extension Act of 2008 ( Public Law 110–449 ; 26 U.S.C. 3304 note) is amended by striking June 30, 2014 and inserting June 30, 2016 . (c) Extension of modification of indicators under the extended benefit program Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended— (1) in subsection (d), by striking December 31, 2013 and inserting December 31, 2015 ; and (2) in subsection (f)(2), by striking December 31, 2013 and inserting December 31, 2015 . (d) Effective date The amendments made by this section shall take effect as if included in the enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ( Public Law 111–312 ; 26 U.S.C. 3304 note). 313. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act (a) Extension Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended— (1) by striking June 30, 2013 and inserting June 30, 2015 ; and (2) by striking December 31, 2013 and inserting December 31, 2015 . (b) Clarification on authority To use funds Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of the enactment of this Act. II Reemployment NOW program 321. Establishment of reemployment NOW program (a) In general There is established the Reemployment NOW program to be carried out by the Secretary of Labor in accordance with this part in order to facilitate the reemployment of individuals who are receiving emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) (hereafter in this part referred to as EUC claimants ). (b) Authorization and appropriation There are authorized to be appropriated $4,000,000,000 for fiscal year 2014 to carry out the Reemployment NOW program under this part. 322. Distribution of funds (a) In general Of the amount made available under section 321(b) to carry out this part, the Secretary of Labor shall— (1) reserve up to 1 percent for the costs of Federal administration and for carrying out rigorous evaluations of the activities conducted under this part; and (2) allot the remainder of the funds not reserved under paragraph (1) in accordance with the requirements of subsection (b) and (c) to States that have approved plans under section 323. (b) Allotment formula (1) Formula factors The Secretary of Labor shall allot the funds available under subsection (a)(2) as follows— (A) two-thirds of such funds shall be allotted on the basis of the relative number of unemployed individuals in each State, compared to the total number of unemployed individuals in all States; and (B) one-third of such funds shall be allotted on the basis of the relative number of individuals in each State who have been unemployed for 27 weeks or more, compared to the total number of individuals in all States who have been unemployed for 27 weeks or more. (2) Calculation For purposes of paragraph (1), the number of unemployed individuals and the number of individuals unemployed for 27 weeks or more shall be based on the data for the most recent 12-month period, as determined by the Secretary. (c) Reallotment (1) Failure to submit state plan If a State does not submit a State plan by the time specified in section 323(b), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under subsection (b) shall be allotted to States that receive approval of the State plan under section 323 in accordance with the relative allotments of such States as determined by the Secretary under subsection (b). (2) Failure to implement activities on a timely basis The Secretary of Labor may, in accordance with procedures and criteria established by the Secretary, recapture the portion of the State allotment under this part that remains unobligated if the Secretary determines such funds are not being obligated at a rate sufficient to meet the purposes of this part. The Secretary shall reallot such recaptured funds to other States that are not subject to recapture in accordance with the relative share of the allotments of such States as determined by the Secretary under subsection (b). (3) Recapture of funds Funds recaptured under paragraph (2) shall be available for reobligation not later than December 31, 2015. 323. State plan (a) In general For a State to be eligible to receive an allotment under section 322, a State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require, which at a minimum shall include— (1) a description of the activities to be carried out by the State to assist in the reemployment of eligible individuals to be served in accordance with this part, including which of the activities authorized in sections 324–328 the State intends to carry out and an estimate of the amounts the State intends to allocate to the activities, respectively; (2) a description of the performance outcomes to be achieved by the State through the activities carried out under this part, including the employment outcomes to be achieved by participants and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes; (3) a description of coordination of activities to be carried out under this part with activities under title I of the Workforce Investment Act of 1998, the Wagner-Peyser Act, and other appropriate Federal programs; (4) the timelines for implementation of the activities described in the plan and the number of EUC claimants expected to be enrolled in such activities by quarter; (5) assurances that the State will participate in the evaluation activities carried out by the Secretary of Labor under this section; (6) assurances that the State will provide appropriate reemployment services, including counseling, to any EUC claimant who participates in any of the programs authorized under this part; and (7) assurances that the State will report such information as the Secretary may require relating to fiscal, performance and other matters, including employment outcomes and effects, which the Secretary determines are necessary to effectively monitor the activities carried out under this part. (b) Plan submission and approval A State plan under this section shall be submitted to the Secretary of Labor for approval not later than 30 days after the Secretary issues guidance relating to submission of such plan. The Secretary shall approve such plans if the Secretary determines that the plans meet the requirements of this part and are appropriate and adequate to carry out the purposes of this part. (c) Plan modifications A State may submit modifications to a State plan that has been approved under this part, and the Secretary of Labor may approve such modifications, if the plan as modified would meet the requirements of this part and are appropriate and adequate to carry out the purposes of this part. 324. Bridge to work program (a) In general A State may use funds allotted to the State under this part to establish and administer a Bridge to Work program described in this section. (b) Description of program In order to increase individuals’ opportunities to move to permanent employment, a State may establish a Bridge to Work program to provide an EUC claimant with short-term work experience placements with an eligible employer, during which time such individual— (1) shall be paid emergency unemployment compensation payable under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), as wages for work performed, and as specified in subsection (c); (2) shall be paid the additional amount described in subsection (e) as augmented wages for work performed; and (3) may be paid compensation in addition to the amounts described in paragraphs (1) and (2) by a State or by a participating employer as wages for work performed. (c) Program eligibility and other requirements For purposes of this program— (1) individuals who, except for the requirements described in paragraph (3), are eligible to receive emergency unemployment compensation payments under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), and who choose to participate in the program described in subsection (b), shall receive such payments as wages for work performed during their voluntary participation in the program described under subsection (b); (2) the wages payable to individuals described in paragraph (1) shall be paid from the emergency unemployment compensation account for such individual as described in section 4002 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), and the amount in such individual’s account shall be reduced accordingly; (3) the wages payable to an individual described in paragraph (1) shall be payable in the same amount, at the same interval, on the same terms, and subject to the same conditions under title IV of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note), except that— (A) State requirements applied under such Act relating to availability for work and active search for work are not applicable to such individuals who participate for at least 25 hours per week in the program described in subsection (b) for the duration of such individual’s participation in the program; (B) State requirements applied under such Act relating to disqualifying income regarding wages earned shall not apply to such individuals who participate for at least 25 hours per week in the program described in subsection (b), and shall not apply with respect to— (i) the wages described under subsection (b); and (ii) any wages, in addition to those described under subsection (b), whether paid by a State or a participating employer for the same work activities; (C) State prohibitions or limitations applied under such Act relating to employment status shall not apply to such individuals who participate in the program described in subsection (b); and (D) State requirements applied under such Act relating to an individual’s acceptance of an offer of employment shall not apply with regard to an offer of long-term employment from a participating employer made to such individual who is participating in the program described in subsection (b) in a work experience provided by such employer, where such long-term employment is expected to commence or commences at the conclusion of the duration specified in paragraph (4)(A); (4) the program shall be structured so that individuals described in paragraph (1) may participate in the program for up to— (A) 8 weeks, and (B) 38 hours for each such week; (5) a State shall ensure that all individuals participating in the program are covered by a workers’ compensation insurance program; and (6) the program meets such other requirements as the Secretary of Labor determines to be appropriate in guidance issued by the Secretary. (d) State requirements (1) Certification of eligible employer A State may certify as eligible for participation in the program under this section any employer that meets the eligibility criteria as established in guidance by the Secretary of Labor, except that an employer shall not be certified as eligible for participation in the program described under subsection (b)— (A) if such employer— (i) is a Federal, State, or local government entity; (ii) would engage an eligible individual in work activities under any employer’s grant, contract, or subcontract with a Federal, State, or local government entity, except with regard to work activities under any employer’s supply contract or subcontract; (iii) is delinquent with respect to any taxes or employer contributions described under sections 3301 and 3302(a)(1) of the Internal Revenue Code of 1986 or with respect to any related reporting requirements; (iv) is engaged in the business of supplying workers to other employers and would participate in the program for the purpose of supplying individuals participating in the program to other employers; or (v) has previously participated in the program and the State has determined that such employer has failed to abide by any of the requirements specified in subsections (h), (i), or (j), or by any other requirements that the Secretary may establish for employers under subsection (c)(6); and (B) unless such employer provides assurances that it has not displaced existing workers pursuant to the requirements of subsection (h). (2) Authorized activities Funds allotted to a State under this part for the program— (A) shall be used to— (i) recruit employers for participation in the program; (ii) review and certify employers identified by eligible individuals seeking to participate in the program; (iii) ensure that reemployment and counseling services are available for program participants, including services describing the program under subsection (b), prior to an individual’s participation in such program; (iv) establish and implement processes to monitor the progress and performance of individual participants for the duration of the program; (v) prevent misuse of the program; and (vi) pay augmented wages to eligible individuals, if necessary, as described in subsection (e); and (B) may be used— (i) to pay workers’ compensation insurance premiums to cover all individuals participating in the program, except that, if a State opts not to make such payments directly to a State administered workers’ compensation program, the State involved shall describe in the approved State plan the means by which such State shall ensure workers’ compensation or equivalent coverage for all individuals who participate in the program; (ii) to pay compensation to a participating individual that is in addition to the amounts described in subsections (c)(1) and (e) as wages for work performed; (iii) to provide supportive services, such as transportation, child care, and dependent care, that would enable individuals to participate in the program; (iv) for the administration and oversight of the program; and (v) to fulfill additional program requirements included in the approved State plan. (e) Payment of augmented wages if necessary In the event that the wages described in subsection (c)(1) are not sufficient to equal or exceed the minimum wages that are required to be paid by an employer under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) or the applicable State or local minimum wage law, whichever is higher, a State shall pay augmented wages to a program participant in any amount necessary to cover the difference between— (1) such minimum wages amount; and (2) the wages payable under subsection (c)(1). (f) Effect of wages on eligibility for other programs None of the wages paid under this section shall be considered as income for the purposes of determining eligibility for and the amount of income transfer and in-kind aid furnished under any Federal or federally assisted program based on need. (g) Effect of wages, work activities, and program participation on continuing eligibility for emergency unemployment compensation Any wages paid under this section and any additional wages paid by an employer to an individual described in subsection (c)(1), and any work activities performed by such individual as a participant in the program, shall not be construed so as to render such individual ineligible to receive emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note). (h) Nondisplacement of employees (1) Prohibition An employer shall not use a program participant to displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any current employee (as of the date of the participation). (2) Other prohibitions An employer shall not permit a program participant to perform work activities related to any job for which— (A) any other individual is on layoff from the same or any substantially equivalent position; (B) the employer has terminated the employment of any employee or otherwise reduced the workforce of the employer with the intention of filling or partially filling the vacancy so created with the work activities to be performed by a program participant; (C) there is a strike or lock out at the worksite that is the participant’s place of employment; or (D) the job is created in a manner that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation). (i) Prohibition on impairment of contracts An employer shall not, by means of assigning work activities under this section, impair an existing contract for services or a collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization that is signatory to the collective bargaining agreement. (j) Limitation on employer participation If, after 24 weeks of participation in the program, an employer has not made an offer of suitable long-term employment to any individual described under subsection (c)(1) who was placed with such employer and has completed the program, a State shall bar such employer from further participation in the program. States may impose additional conditions on participating employers to ensure that an appropriate number of participants receive offers of suitable long-term employment. (k) Failure To meet program requirements If a State makes a determination based on information provided to the State, or acquired by the State by means of its administration and oversight functions, that a participating employer under this section has violated a requirement of this section, the State shall bar such employer from further participation in the program. The State shall establish a process whereby an individual described in subsection (c)(1), or any other affected individual or entity, may file a complaint with the State relating to a violation of any requirement or prohibition under this section. (l) Participant option To terminate participation in bridge to work program (1) Termination An individual who is participating in a program described in subsection (b) may opt to discontinue participation in such program. (2) Continued eligibility for emergency unemployment compensation An individual who opts to discontinue participation in such program, is terminated from such program by a participating employer, or who has completed participation in such program, and who continues to meet the eligibility requirements for emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note), shall receive emergency unemployment compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 4002(b) of such Act or to the extent that such individual commences receiving the amounts described in subsections (c), (d), or (e) of such section, respectively. (m) Effect of other laws Unless otherwise provided in this section, nothing in this section shall be construed to alter or affect the rights or obligations under any Federal, State, or local laws with respect to any individual described in subsection (c)(1) and with respect to any participating employer under this section. (n) Treatment of payments All wages or other payments to an individual under this section shall be treated as payments of unemployment compensation for purposes of section 209 of the Social Security Act ( 42 U.S.C. 409 ) and for purposes of subtitle A and sections 3101, 3111, and 3301 of the Internal Revenue Code of 1986. 325. Wage insurance (a) In general A State may use the funds allotted to the State under this part to provide a wage insurance program for EUC claimants. (b) Benefits The wage insurance program provided under this section may use funds allotted to the State under this part to pay, for a period not to exceed 2 years, to a worker described in subsection (c), up to 50 percent of the difference between— (1) the wages received by the worker at the time of separation; and (2) the wages received by the worker for reemployment. (c) Individual eligibility The benefits described in subsection (b) may be paid to an individual who is an EUC claimant at the time such individual obtains reemployment and who— (1) is at least 50 years of age; (2) earns not more than $50,000 per year in wages from reemployment; (3) is employed on a full-time basis as defined by the law of the State; and (4) is not employed by the employer from which the individual was last separated. (d) Total amount of payments A State shall establish a maximum amount of payments per individual for purposes of payments described in subsection (b) during the eligibility period described in such subsection. (e) Non-Discrimination regarding wages An employer shall not pay a worker described in subsection (c) less than such employer pays to a regular worker in the same or substantially equivalent position. 326. Enhanced reemployment strategies (a) In general A State may use funds allotted under this part to provide a program of enhanced reemployment services to EUC claimants. In addition to the provision of services to such claimants, the program may include the provision of reemployment services to individuals who are unemployed and have exhausted their rights to emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008, ( Public Law 110–252 ; 26 U.S.C. 3304 note). The program shall provide reemployment services that are more intensive than the reemployment services provided by the State prior to the receipt of the allotment under this part. (b) Types of services The enhanced reemployment services described in subsection (a) may include services such as— (1) assessments, counseling, and other intensive services that are provided by staff on a one-to-one basis and may be customized to meet the reemployment needs of EUC claimants and individuals described in subsection (a); (2) comprehensive assessments designed to identify alternative career paths; (3) case management; (4) reemployment services that are provided more frequently and more intensively than such reemployment services have previously been provided by the State; and (5) services that are designed to enhance communication skills, interviewing skills, and other skills that would assist in obtaining reemployment. 327. Self-employment programs A State may use funds allotted to the State under this part, in an amount specified under an approved State plan, for the administrative costs associated with starting up the self-employment assistance program described in section 4001(i) of the Supplemental Appropriations Act, 2008, ( Public Law 110–252 ; 26 U.S.C. 3304 note). 328. Additional innovative programs (a) In general A State may use funds allotted under this part to provide a program for innovative activities, which use a strategy that is different from the reemployment strategies described in sections 324–327 and which are designed to facilitate the reemployment of EUC claimants. In addition to the provision of activities to such claimants, the program may include the provision of activities to individuals who are unemployed and have exhausted their rights to emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008, ( Public Law 110–252 ; 26 U.S.C. 3304 note). (b) Conditions The innovative activities approved in accordance with subsection (a)— (1) shall directly benefit EUC claimants and, if applicable, individuals described in subsection (a), either as a benefit paid to such claimant or individual or as a service provided to such claimant or individual; (2) shall not result in a reduction in the duration or amount of, emergency unemployment compensation for which EUC claimants would otherwise be eligible; (3) shall not include a reduction in the duration, amount of or eligibility for regular compensation or extended benefits; (4) shall not be used to displace (including a partial displacement, such as a reduction in the hours of non-overtime work, wages, or employment benefits) any currently employed employee (as of the date of the participation) or allow a program participant to perform work activities related to any job for which— (A) any other individual is on layoff from the same or any substantially equivalent job; (B) the employer has terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling or partially filling the vacancy so created with the work activities to be performed by a program participant; (C) there is a strike or lock out at the worksite that is the participant’s place of employment; or (D) the job is created in a manner that will infringe in any way upon the promotional opportunities of currently employed individuals (as of the date of the participation); and (5) shall not be in violation of any Federal, State, or local law. 329. Guidance and additional requirements The Secretary of Labor may establish through guidance, without regard to the requirements of section 553 of title 5, United States Code, such additional requirements, including requirements regarding the allotment, recapture, and reallotment of funds, and reporting requirements, as the Secretary determines to be necessary to ensure fiscal integrity, effective monitoring, and appropriate and prompt implementation of the activities under this Act. 330. Report of information and evaluations to Congress and the public The Secretary of Labor shall provide to the appropriate Committees of the Congress and make available to the public the information reported pursuant to section 329 and the evaluations of activities carried out pursuant to the funds reserved under section 322(a)(1). 331. State For purposes of this part, the term State has the meaning given that term in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). III Short-Time compensation program 341. Temporary financing of short-time compensation payments in states with programs in law (a) Payments to states (1) In general Subject to paragraph (3), there shall be paid to a State an amount equal to 100 percent of the amount of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986) under the provisions of the State law. (2) Terms of payments Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Limitations on payments (A) General payment limitations No payments shall be made to a State under this section for short-time compensation paid to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment. (B) Employer limitations No payments shall be made to a State under this section for benefits paid to an individual by the State under a short-time compensation program if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (b) Applicability (1) In general Payments to a State under subsection (a) shall be available for weeks of unemployment— (A) beginning on or after the date of the enactment of this Act; and (B) ending on or before the date that is 3 years and 6 months after the date of the enactment of this Act. (2) Three-year funding limitation for combined payments under this section and section 343 States may receive payments under this section and section 343 with respect to a total of not more than 156 weeks. (c) Two-Year transition period for existing programs During any period that the transition provision under section 341(a)(3) is applicable to a State with respect to a short-time compensation program, such State shall be eligible for payments under this section. Subject to paragraphs (1)(B) and (2) of subsection (b), if at any point after the date of the enactment of this Act the State enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, the State shall be eligible for payments under this section after the effective date of such enactment. (d) Funding and certifications (1) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (2) Certifications The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (e) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor. (2) State; state agency; state law The terms State , State agency , and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). 342. Temporary financing of short-time compensation agreements (a) Federal-State agreements (1) In general Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State’s law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986). (2) Ability to terminate Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement. (b) Provisions of Federal-State agreement (1) In general Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of the Internal Revenue Code of 1986. (2) Limitations on plans (A) General payment limitations A short-time compensation plan approved by a State shall not permit the payment of short-time compensation to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment. (B) Employer limitations A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis. (3) Employer payment of costs Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating an employer’s contribution rate under section 3303(a)(1) of the Internal Revenue Code of 1986. (c) Payments to States (1) In general There shall be paid to each State with an agreement under this section an amount equal to— (A) one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and (B) any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). (2) Terms of payments Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. (3) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section. (4) Certifications The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. (d) Applicability (1) In general An agreement entered into under this section shall apply to weeks of unemployment— (A) beginning on or after the date on which such agreement is entered into; and (B) ending on or before the date that is 2 years and 13 weeks after the date of the enactment of this Act. (2) Two-year funding limitation States may receive payments under this section with respect to a total of not more than 104 weeks. (e) Special rule If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of the Internal Revenue Code of 1986, the State— (1) shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and (2) subject to paragraphs (1)(B) and (2) of section 342(b), shall be eligible to receive payments under section 342 after the effective date of such State law. (f) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor. (2) State; state agency; state law The terms State , State agency , and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). 343. Grants for short-time compensation programs (a) Grants (1) For implementation or improved administration The Secretary shall award grants to States that enact short-time compensation programs (as defined in subsection (i)(2)) for the purpose of implementation or improved administration of such programs. (2) For promotion and enrollment The Secretary shall award grants to States that are eligible and submit plans for a grant under paragraph (1) for such States to promote and enroll employers in short-time compensation programs (as so defined). (3) Eligibility (A) In general The Secretary shall determine eligibility criteria for the grants under paragraph (1) and (2). (B) Clarification A State administering a short-time compensation program, including a program being administered by a State that is participating in the transition under the provisions of sections 341(a)(3) and 342(c), that does not meet the definition of a short-time compensation program under section 3306(v) of the Internal Revenue Code of 1986, and a State with an agreement under section 343, shall not be eligible to receive a grant under this section until such time as the State law of the State provides for payments under a short-time compensation program that meets such definition and such law. (b) Amount of grants (1) In general The maximum amount available for making grants to a State under paragraphs (1) and (2) shall be equal to the amount obtained by multiplying $700,000,000 (less the amount used by the Secretary under subsection (e)) by the same ratio as would apply under subsection (a)(2)(B) of section 903 of the Social Security Act ( 42 U.S.C. 1103 ) for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1) of such section) that would have been subject to transfer to State accounts, as of October 1, 2013, under the provisions of subsection (a) of such section. (2) Amount available for different grants Of the maximum incentive payment determined under paragraph (1) with respect to a State— (A) one-third shall be available for a grant under subsection (a)(1); and (B) two-thirds shall be available for a grant under subsection (a)(2). (c) Grant application and disbursal (1) Application Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application to the Secretary at such time, in such manner, and complete with such information as the Secretary may require. In no case may the Secretary award a grant under this section with respect to an application that is submitted after December 31, 2014. (2) Notice The Secretary shall, within 30 days after receiving a complete application, notify the State agency of the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of subsection (a). (3) Certification If the Secretary finds that the State law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification to that effect to the Secretary of the Treasury, together with a certification as to the amount of the grant payment to be transferred to the State account in the Unemployment Trust Fund (as established in section 904(a) of the Social Security Act ( 42 U.S.C. 1104(a) )) pursuant to that finding. The Secretary of the Treasury shall make the appropriate transfer to the State account within 7 days after receiving such certification. (4) Requirement No certification of compliance with the requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose— (A) State law is not otherwise eligible for certification under section 303 of the Social Security Act ( 42 U.S.C. 503 ) or approvable under section 3304 of the Internal Revenue Code of 1986; or (B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 months of the certification. (d) Use of funds The amount of any grant awarded under this section shall be used for the implementation of short-time compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with such programs, such as through— (1) the creation or support of rapid response teams to advise employers about alternatives to layoffs; (2) the provision of education or assistance to employers to enable them to assess the feasibility of participating in short-time compensation programs; and (3) the development or enhancement of systems to automate— (A) the submission and approval of plans; and (B) the filing and approval of new and ongoing short-time compensation claims. (e) Administration The Secretary is authorized to use 0.25 percent of the funds available under subsection (g) to provide for outreach and to share best practices with respect to this section and short-time compensation programs. (f) Recoupment The Secretary shall establish a process under which the Secretary shall recoup the amount of any grant awarded under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date that any such grant is awarded to the State, the State— (1) terminated the State’s short-time compensation program; or (2) failed to meet appropriate requirements with respect to such program (as established by the Secretary). (g) Funding There are appropriated, out of moneys in the Treasury not otherwise appropriated, to the Secretary, $700,000,000 to carry out this section, to remain available without fiscal year limitation. (h) Reporting The Secretary may establish reporting requirements for States receiving a grant under this section in order to provide oversight of grant funds. (i) Definitions In this section: (1) Secretary The term Secretary means the Secretary of Labor. (2) Short-time compensation program The term short-time compensation program has the meaning given such term in section 3306(v) of the Internal Revenue Code of 1986. (3) State; State agency; State law The terms State , State agency , and State law have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note). 344. Assistance and guidance in implementing programs (a) In general In order to assist States in establishing, qualifying, and implementing short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986), the Secretary of Labor (in this section referred to as the Secretary ) shall— (1) develop model legislative language which may be used by States in developing and enacting such programs and periodically review and revise such model legislative language; (2) provide technical assistance and guidance in developing, enacting, and implementing such programs; (3) establish reporting requirements for States, including reporting on— (A) the number of estimated averted layoffs; (B) the number of participating employers and workers; and (C) such other items as the Secretary of Labor determines are appropriate. (b) Model language and guidance The model language and guidance developed under subsection (a) shall allow sufficient flexibility by States and participating employers while ensuring accountability and program integrity. (c) Consultation In developing the model legislative language and guidance under subsection (a), and in order to meet the requirements of subsection (b), the Secretary shall consult with employers, labor organizations, State workforce agencies, and other program experts. 345. Reports (a) Reports (1) In general Not later than 4 years after the date of the enactment of this Act, the Secretary of Labor shall submit to Congress and to the President a report or reports on the implementation of the provisions of this Act. (2) Requirements Any report under paragraph (1) shall at a minimum include the following: (A) A description of best practices by States and employers in the administration, promotion, and use of short-time compensation programs (as defined in section 3306(v) of the Internal Revenue Code of 1986). (B) An analysis of the significant challenges to State enactment and implementation of short-time compensation programs. (C) A survey of employers in States that have not enacted a short-time compensation program or entered into an agreement with the Secretary on a short-time compensation plan to determine the level of interest among such employers in participating in short-time compensation programs. (b) Funding There are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Labor, $1,500,000 to carry out this section, to remain available without fiscal year limitation. B Long-Term unemployed hiring preferences 351. Long-term unemployed workers work opportunity tax credits (a) In general Paragraph (3) of section 51(b) of the Internal Revenue Code is amended by inserting $10,000 per year in the case of any individual who is a qualified long-term unemployed individual by reason of subsection (d)(11), and before $12,000 per year . (b) Long-Term unemployed individuals tax credits Subsection (d) of section 51 of the Internal Revenue Code is amended— (1) in paragraph (1), by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by inserting after subparagraph (I) the following: (J) a qualified long-term unemployed individual. , and (2) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Qualified long-term unemployed individual (A) In general The term qualified long-term unemployed individual means any individual who was not a student for at least 6 months during the 1-year period ending on the hiring date and is certified by the designated local agency as having aggregate periods of unemployment during the 1-year period ending on the hiring date which equal or exceed 6 months. (B) Student For purposes of this subsection, a student is an individual enrolled at least half-time in a program that leads to a degree, certificate, or other recognized educational credential for at least 6 months whether or not consecutive during the 1-year period ending on the hiring date. . (c) Simplified certification Section 51(d) of the Internal Revenue Code, as amended by subsection (b), is amended by adding at the end the following new paragraph: (16) Credit allowed for qualified long-term unemployed individuals (A) In general Any qualified long-term unemployed individual under paragraph (11) will be treated as certified by the designated local agency as having aggregate periods of unemployment if the individual is certified by the designated local agency as being in receipt of unemployment compensation under State or Federal law for not less than 6 months during the 1-year period ending on the hiring date. (B) Regulatory authority The Secretary in his discretion may provide alternative methods for certification. . (d) Credit made available to tax-Exempt employers in certain circumstances Section 3111(e) of the Internal Revenue Code is amended— (1) in the heading for the subsection is amended by inserting and qualified long-Term unemployed individuals after qualified veterans , (2) in paragraph (1) by inserting or qualified long-term unemployed individual after qualified veteran , (3) in paragraph (2) by inserting and qualified long-term unemployed individuals after qualified veterans , (4) in paragraph (3)(C) by inserting and qualified long-term unemployed individual, as the case may be, after qualified veteran , (5) in paragraph (4) by inserting or qualified long-term unemployed individual after qualified veteran both places it appears, and (6) in paragraph (5) by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following: (C) the term qualified long-term unemployed individual has meaning given such term by section 51(d)(11). . (e) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. C Pathways Back to Work 361. Short title This subtitle may be cited as the Pathways Back to Work Act of 2013 . 362. Authorization of appropriations There is authorized to be appropriated to the Secretary of Labor $5,000,000,000 to carry out this subtitle. 363. Availability of funds (a) In general Of the amounts available under section 362(b), the Secretary of Labor shall— (1) allot $2,000,000,000 in accordance with section 364 to provide subsidized employment to unemployed, low-income adults; (2) allot $1,500,000,000 in accordance with section 365 to provide summer and year-round employment opportunities to low-income youth; and (3) award $1,500,000,000 in competitive grants in accordance with section 366 to local entities to carry out work-based training and other work-related and educational strategies and activities of demonstrated effectiveness to unemployed, low-income adults and low-income youth to provide the skills and assistance needed to obtain employment. (b) Reservation The Secretary of Labor may reserve not more than 1 percent of amounts available under each of paragraphs (1) through (3) of subsection (a) for the costs of technical assistance, evaluations and Federal administration of this Act. (c) Period of availability The amounts appropriated under this Act shall be available for obligation by the Secretary of Labor until December 31, 2014, and shall be available for expenditure by grantees and subgrantees until September 30, 2015. 364. Subsidized employment for unemployed, low-income adults (a) In general (1) Allotments From the funds available under section 363(a)(1), the Secretary of Labor shall make an allotment under subsection (b) to each State that has a State plan approved under subsection (c) and to each outlying area and Native American grantee under section 166 of the Workforce Investment Act of 1998 that meets the requirements of this section, for the purpose of providing subsidized employment opportunities to unemployed, low-income adults. (2) Guidance Not later than 30 days after the date of enactment of this Act, the Secretary of Labor, in coordination with the Secretary of Health and Human Services, shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State and local plans and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. (b) State allotments (1) Reservations for outlying areas and tribes Of the funds described subsection (a)(1), the Secretary shall reserve— (A) not more than one-quarter of one percent to provide assistance to outlying areas to provide subsidized employment to low-income adults who are unemployed; and (B) 1.5 percent to provide assistance to grantees of the Native American programs under section 166 of the Workforce Investment Act of 1998 to provide subsidized employment to low-income adults who are unemployed. (2) States After determining the amounts to be reserved under paragraph (1), the Secretary of Labor shall allot the remainder of the amounts described in subsection (a)(1) among the States as follows— (A) one-third shall be allotted on the basis of the relative number of unemployed individuals in areas of substantial unemployment in each State, compared to the total number of unemployed individuals in areas of substantial unemployment in all States; (B) one-third shall be allotted on the basis of the relative excess number of unemployed individuals in each State, compared to the total excess number of unemployed individuals in all States; and (C) one-third shall be allotted on the basis of the relative number of disadvantaged adults and youth in each State, compared to the total number of disadvantaged adults and youth in all States. (3) Definitions For purposes of the formula described in paragraph (2)— (A) Area of substantial unemployment The term area of substantial unemployment means any contiguous area with a population of at least 10,000 and that has an average rate of unemployment of at least 6.5 percent for the most recent 12 months, as determined by the Secretary. (B) Disadvantaged adults and youth The term disadvantaged adults and youth means an individual who is age 16 and older (subject to section 132(b)(1)(B)(v)(I) of the Workforce Investment Act of 1998) who received an income, or is a member of a family that received a total family income, that, in relation to family size, does not exceed the higher of— (i) the poverty line; or (ii) 70 percent of the lower living standard income level. (C) Excess number The term excess number means, used with respect to the excess number of unemployed individuals within a State, the higher of— (i) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in the State; or (ii) the number that represents the number of unemployed individuals in excess of 4.5 percent of the civilian labor force in areas of substantial unemployment in such State. (4) Reallotment If the Governor of a State does not submit a State plan by the time specified in subsection (c), or a State does not receive approval of a State plan, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be added to the amounts available for the competitive grants under section 363(a)(3). (c) State plan (1) In general For a State to be eligible to receive an allotment of the funds under subsection (b), the Governor of the State shall submit to the Secretary of Labor a State plan in such form and containing such information as the Secretary may require. At a minimum, such plan shall include— (A) a description of the strategies and activities to be carried out by the State, in coordination with employers in the State, to provide subsidized employment opportunities to unemployed, low-income adults, including strategies relating to the level and duration of subsidies consistent with subsection (e)(2); (B) a description of the requirements the State will apply relating to the eligibility of unemployed, low-income adults, consistent with section 368(6), for subsidized employment opportunities, which may include criteria to target assistance to particular categories of such adults, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (C) a description of how the funds allotted to provide subsidized employment opportunities will be administered in the State and local areas, in accordance with subsection (d); (D) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 367(b); (E) a description of the coordination of activities to be carried out with the funds provided under this section with activities under title I of the Workforce Investment Act of 1998, the TANF program under part A of title IV of the Social Security Act, and other appropriate Federal and State programs that may assist unemployed, low-income adults in obtaining and retaining employment; (F) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of unemployed, low-income adults expected to be placed in subsidized employment by quarter; (G) assurances that the State will report such information as the Secretary of Labor may require relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (H) assurances that the State will ensure compliance with the labor standards and protections described in section 367(a) of this Act. (2) Submission and approval of state plan (A) Submission with other plans The State plan described in this subsection may be submitted in conjunction with the State plan modification or request for funds required under section 365, and may be submitted as a modification to a State plan that has been approved under section 112 of the Workforce Investment Act of 1998. (B) Submission and approval (i) Submission The Governor shall submit a plan to the Secretary of Labor not later than 75 days after the enactment of this Act and the Secretary of Labor shall make a determination regarding the approval or disapproval of such plans not later than 45 days after the submission of such plan. If the plan is disapproved, the Secretary of Labor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. (ii) Approval The Secretary of Labor shall approve a State plan that the Secretary determines is consistent with requirements of this section and reasonably appropriate and adequate to carry out the purposes of this section. If the plan is approved, the Secretary shall allot funds to States within 30 days after such approval. (3) Modifications to state plan The Governor may submit a modification to a State plan under this subsection consistent with the requirements of this section. (d) Administration within the state (1) Option The State may administer the funds for activities under this section through— (A) the State and local entities responsible for the administration of the adult formula program under title I–B of the Workforce Investment Act of 1998; (B) the entities responsible for the administration of the TANF program under part A of title IV of the Social Security Act; or (C) a combination of the entities described in subparagraphs (A) and (B). (2) Within-state allocations (A) Allocation of funds The Governor may reserve up to 5 percent of the allotment under subsection (b)(2) for administration and technical assistance, and shall allocate the remainder, in accordance with the option elected under paragraph (1)— (i) among local workforce investment areas within the State in accordance with the factors identified in subsection (b)(2), except that for purposes of such allocation references to a State in such paragraph shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local areas in the State involved, of which not more than 10 percent of the funds allocated to a local workforce investment area may be used for the costs of administration of this section; or (ii) through entities responsible for the administration of the TANF program under part A of title IV of the Social Security Act in local areas in such manner as the State may determine appropriate. (B) Local plans (i) In general In the case where the responsibility for the administration of activities is to be carried out by the entities described under paragraph (1)(A), in order to receive an allocation under subparagraph (A)(i), a local workforce investment board, in partnership with the chief elected official of the local workforce investment area involved, shall submit to the Governor a local plan for the use of such funds under this section not later than 30 days after the submission of the State plan. Such local plan may be submitted as a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998. (ii) Contents The local plan described in clause (i) shall contain the elements described in subparagraphs (A)–(H) of subsection (c)(1), as applied to the local workforce investment area. (iii) Approval The Governor shall approve or disapprove the local plan submitted under clause (i) within 30 days after submission, or if later, 30 days after the approval of the State plan. The Governor shall approve the plan unless the Governor determines that the plan is inconsistent with requirements of this section or is not reasonably appropriate and adequate to carry out the purposes of this section. If the Governor has not made a determination within the period specified under the first sentence of this clause, the plan shall be considered approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. The Governor shall allocate funds to local workforce investment areas with approved plans within 30 days after such approval. (C) Reallocation of funds to local areas If a local workforce investment board does not submit a local plan by the time specified in subparagraph (B) or the Governor does not approve a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under subparagraph (A)(i) shall be allocated to local workforce investment areas that receive approval of the local plan under subparagraph (B). Such reallocations shall be made in accordance with the relative share of the allocations to such local workforce investment areas applying the formula factors described under subparagraph (A)(i). (e) Use of funds (1) In general The funds under this section shall be used to provide subsidized employment for unemployed, low-income adults. The State and local entities described in subsection (d)(1) may use a variety of strategies in recruiting employers and identifying appropriate employment opportunities, with a priority to be provided to employment opportunities likely to lead to unsubsidized employment in emerging or in-demand occupations in the local area. Funds under this section may be used to provide support services, such as transportation and child care, that are necessary to enable the participation of individuals in subsidized employment opportunities. (2) Level of subsidy and duration The States or local entities described in subsection (d)(1) may determine the percentage of the wages and costs of employing a participant for which an employer may receive a subsidy with the funds provided under this section, and the duration of such subsidy, in accordance with guidance issued by the Secretary. The State or local entities may establish criteria for determining such percentage or duration using appropriate factors such as the size of the employer and types of employment. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Health and Human Services to ensure the effective implementation of this section. 365. Summer employment and year-round employment opportunities for low-income youth (a) In general From the funds available under section 363(a)(2), the Secretary of Labor shall make an allotment under subsection (c) to each State that has a State plan modification (or other form of request for funds specified in guidance under subsection (b)) approved under subsection (d) and to each outlying area and Native American grantee under section 166 of the Workforce Investment Act of 1998 that meets the requirements of this section, for the purpose of providing summer employment and year-round employment opportunities to low-income youth. (b) Guidance and application of requirements (1) Guidance Not later than 20 days after the date of enactment of this Act, the Secretary of Labor shall issue guidance regarding the implementation of this section. Such guidance shall, consistent with this section, include procedures for the submission and approval of State plan modifications, or for forms of requests for funds by the State as may be identified in such guidance, local plan modifications, or other forms of requests for funds from local workforce investment areas as may be identified in such guidance, and the allotment and allocation of funds, including reallotment and reallocation of such funds, that promote the expeditious and effective implementation of the activities authorized under this section. (2) Requirements Except as otherwise provided in the guidance described in paragraph (1) and in this section and other provisions of this Act, the funds provided for activities under this section shall be administered in accordance with subtitles B and E of title I of the Workforce Investment Act of 1998 relating to youth activities. (c) State allotments (1) Reservations for outlying areas and tribes Of the funds described subsection (a), the Secretary shall reserve— (A) not more than one-quarter of one percent to provide assistance to outlying areas to provide summer and year-round employment opportunities to low-income youth; and (B) 1.5 percent to provide assistance to grantees of the Native American programs under section 166 of the Workforce Investment Act of 1998 to provide summer and year-round employment opportunities to low-income youth. (2) States After determining the amounts to be reserved under paragraph (1), the Secretary of Labor shall allot the remainder of the amounts described in subsection (a) among the States in accordance with the factors described in section 364(b)(2) of this Act. (3) Reallotment If the Governor of a State does not submit a State plan modification or other request for funds specified in guidance under subsection (b) by the time specified in subsection (d)(2)(B), or a State does not receive approval of such State plan modification or request, the amount the State would have been eligible to receive pursuant to the formula under paragraph (2) shall be added to the amounts available for the competitive grants under section 363(a)(3). (d) State plan modification (1) In general For a State to be eligible to receive an allotment of the funds under subsection (c), the Governor of the State shall submit to the Secretary of Labor a modification to a State plan approved under section 112 of the Workforce Investment Act of 1998, or other request for funds described in guidance in subsection (b), in such form and containing such information as the Secretary may require. At a minimum, such plan modification or request shall include— (A) a description of the strategies and activities to be carried out to provide summer employment opportunities and year-round employment opportunities, including the linkages to educational activities, consistent with subsection (f); (B) a description of the requirements the States will apply relating to the eligibility of low-income youth, consistent with section 368(4), for summer employment opportunities and year-round employment opportunities, which may include criteria to target assistance to particular categories of such low-income youth, such as youth with disabilities, consistent with subsection (f); (C) a description of the performance outcomes to be achieved by the State through the activities carried out under this section and the processes the State will use to track performance, consistent with guidance provided by the Secretary of Labor regarding such outcomes and processes and with section 367(b); (D) a description of the timelines for implementation of the activities described in subparagraph (A), and the number of low-income youth expected to be placed in summer employment opportunities, and year-round employment opportunities, respectively, by quarter; (E) assurances that the State will report such information as the Secretary may require relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (F) assurances that the State will ensure compliance with the labor standards protections described in section 367(a). (2) Submission and approval of state plan modification or request (A) Submission The Governor shall submit a modification of the State plan or other request for funds described in guidance in subsection (b) to the Secretary of Labor not later than 30 days after the issuance of such guidance. The State plan modification or request for funds required under this subsection may be submitted in conjunction with the State plan required under section 364. (B) Approval The Secretary of Labor shall approve the plan or request submitted under subparagraph (A) within 30 days after submission, unless the Secretary determines that the plan or request is inconsistent with the requirements of this section. If the Secretary has not made a determination within 30 days, the plan or request shall be considered approved. If the plan or request is disapproved, the Secretary may provide a reasonable period of time in which a disapproved plan or request may be amended and resubmitted for approval. If the plan or request is approved, the Secretary shall allot funds to States within 30 days after such approval. (3) Modifications to state plan or request The Governor may submit further modifications to a State plan or request for funds identified under subsection (b) to carry out this section in accordance with the requirements of this section. (e) Within-State allocation and administration (1) In general Of the funds allotted to the State under subsection (c), the Governor— (A) may reserve up to 5 percent of the allotment for administration and technical assistance; and (B) shall allocate the remainder of the allotment among local workforce investment areas within the State in accordance with the factors identified in section 364(b)(2), except that for purposes of such allocation references to a State in such paragraph shall be deemed to be references to a local workforce investment area and references to all States shall be deemed to be references to all local areas in the State involved. Not more than 10 percent of the funds allocated to a local workforce investment area may be used for the costs of administration of this section. (2) Local plan (A) Submission In order to receive an allocation under paragraph (1)(B), the local workforce investment board, in partnership with the chief elected official for the local workforce investment area involved, shall submit to the Governor a modification to a local plan approved under section 118 of the Workforce Investment Act of 1998, or other form of request for funds as may be identified in the guidance issued under subsection (b), not later than 30 days after the submission by the State of the modification to the State plan or other request for funds identified in subsection (b), describing the strategies and activities to be carried out under this section. (B) Approval The Governor shall approve the local plan submitted under subparagraph (A) within 30 days after submission, unless the Governor determines that the plan is inconsistent with requirements of this section. If the Governor has not made a determination within 30 days, the plan shall be considered approved. If the plan is disapproved, the Governor may provide a reasonable period of time in which a disapproved plan may be amended and resubmitted for approval. The Governor shall allocate funds to local workforce investment areas with approved plans within 30 days after approval. (3) Reallocation If a local workforce investment board does not submit a local plan modification (or other request for funds identified in guidance under subsection (b)) by the time specified in paragraph (2), or does not receive approval of a local plan, the amount the local workforce investment area would have been eligible to receive pursuant to the formula under paragraph (1)(B) shall be allocated to local workforce investment areas that receive approval of the local plan modification or request for funds under paragraph (2). Such reallocations shall be made in accordance with the relative share of the allocations to such local workforce investment areas applying the formula factors described under paragraph (1)(B). (f) Use of funds (1) In general The funds provided under this section shall be used— (A) to provide summer employment opportunities for low-income youth, ages 16 through 24, with direct linkages to academic and occupational learning, and may include the provision of supportive services, such as transportation or child care, necessary to enable such youth to participate; and (B) to provide year round employment opportunities, which may be combined with other activities authorized under section 129 of the Workforce Investment Act of 1998,to low-income youth, ages 16 through 24, with a priority to out-of school youth who are— (i) high school dropouts; or (ii) recipients of a secondary school diploma or its equivalent but who are basic skills deficient unemployed or underemployed. (2) Program priorities In administering the funds under this section, the local board and local chief elected officials shall give a priority to— (A) identifying employment opportunities that are— (i) in emerging or in-demand occupations in the local workforce investment area; or (ii) in the public or nonprofit sector that meet community needs; and (B) linking year-round program participants to training and educational activities that will provide such participants an industry-recognized certificate or credential. (3) Performance accountability For activities funded under this section, in lieu of the requirements described in section 136 of the Workforce Investment Act of 1998, State and local workforce investment areas shall provide such reports as the Secretary of Labor may require regarding the performance outcomes described in section 367(a)(5). 366. Work-based employment strategies of demonstrated effectiveness (a) In general From the funds available under section 363(a)(3), the Secretary of Labor shall award grants on a competitive basis to eligible entities to carry out work-based strategies of demonstrated effectiveness. (b) Use of funds The grants awarded under this section shall be used to support strategies and activities of demonstrated effectiveness that are designed to provide unemployed, low-income adults or low-income youth with the skills that will lead to employment as part of or upon completion of participation in such activities. Such strategies and activities may include— (1) on-the-job training, registered apprenticeship programs, or other programs that combine work with skills development; (2) sector-based training programs that have been designed to meet the specific requirements of an employer or group of employers in that sector and where employers are committed to hiring individuals upon successful completion of the training; (3) training that supports an industry sector or an employer-based or labor-management committee industry partnership which includes a significant work-experience component; (4) acquisition of industry-recognized credentials in a field identified by the State or local workforce investment area as a growth sector or demand industry in which there are likely to be significant job opportunities in the short term; (5) connections to immediate work opportunities, including subsidized employment opportunities, or summer employment opportunities for youth, that includes concurrent skills training and other supports; (6) career academies that provide students with the academic preparation and training, including paid internships and concurrent enrollment in community colleges or other postsecondary institutions, needed to pursue a career pathway that leads to postsecondary credentials and high-demand jobs; and (7) adult basic education and integrated basic education and training models for low-skilled adults, hosted at community colleges or at other sites, to prepare individuals for jobs that are in demand in a local area. (c) Eligible entity An eligible entity shall include a local chief elected official, in collaboration with the local workforce investment board for the local workforce investment area involved (which may include a partnership with of such officials and boards in the region and in the State), or an entity eligible to apply for an Indian and Native American grant under section 166 of the Workforce Investment Act of 1998, and may include, in partnership with such officials, boards, and entities, the following— (1) employers or employer associations; (2) adult education providers and postsecondary educational institutions, including community colleges; (3) community-based organizations; (4) joint labor-management committees; (5) work-related intermediaries; or (6) other appropriate organizations. (d) Application An eligible entity seeking to receive a grant under this section shall submit to the Secretary of Labor an application at such time, in such manner, and containing such information as the Secretary may require. At a minimum, the application shall— (1) describe the strategies and activities of demonstrated effectiveness that the eligible entities will carry out to provide unemployed, low-income adults and low-income youth with the skills that will lead to employment upon completion of participation in such activities; (2) describe the requirements that will apply relating to the eligibility of unemployed, low-income adults or low-income youth, consistent with paragraphs (4) and (6) of section 368, for activities carried out under this section, which may include criteria to target assistance to particular categories of such adults and youth, such as individuals with disabilities or individuals who have exhausted all rights to unemployment compensation; (3) describe how the strategies and activities address the needs of the target populations identified in paragraph (2) and the needs of employers in the local area; (4) describe the expected outcomes to be achieved by implementing the strategies and activities; (5) provide evidence that the funds provided may be expended expeditiously and efficiently to implement the strategies and activities; (6) describe how the strategies and activities will be coordinated with other Federal, State and local programs providing employment, education and supportive activities; (7) provide evidence of employer commitment to participate in the activities funded under this section, including identification of anticipated occupational and skill needs; (8) provide assurances that the grant recipient will report such information as the Secretary may require relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out under this section; and (9) provide assurances that the use of the funds provided under this section will comply with the labor standards and protections described section 367(a). (e) Priority in awards In awarding grants under this section, the Secretary of Labor shall give a priority to applications submitted by eligible entities from areas of high poverty and high unemployment, as defined by the Secretary, such as Public Use Microdata Areas (PUMAs) as designated by the Census Bureau. (f) Coordination of Federal administration The Secretary of Labor shall administer this section in coordination with the Secretary of Education, Secretary of Health and Human Services, and other appropriate agency heads, to ensure the effective implementation of this section. 367. General requirements (a) Labor standards and protections Activities provided with funds under this Act shall be subject to the requirements and restrictions, including the labor standards, described in section 181 of the Workforce Investment Act of 1998 and the nondiscrimination provisions of section 188 of such Act, in addition to other applicable Federal laws. (b) Reporting The Secretary may require the reporting of information relating to fiscal, performance and other matters that the Secretary determines is necessary to effectively monitor the activities carried out with funds provided under this Act. At a minimum, grantees and subgrantees shall provide information relating to— (1) the number individuals participating in activities with funds provided under this Act and the number of such individuals who have completed such participation; (2) the expenditures of funds provided under the Act; (3) the number of jobs created pursuant to the activities carried out under this Act; (4) the demographic characteristics of individuals participating in activities under this Act; and (5) the performance outcomes of individuals participating in activities under this Act, including— (A) for adults participating in activities funded under section 364 of this Act— (i) entry in unsubsidized employment, (ii) retention in unsubsidized employment, and (iii) earnings in unsubsidized employment; (B) for low-income youth participating in summer employment activities under sections 365 and 366— (i) work readiness skill attainment using an employer validated checklist; and (ii) placement in or return to secondary or postsecondary education or training, or entry into unsubsidized employment; (C) for low-income youth participating in year-round employment activities under section 365 or in activities under section 366— (i) placement in or return to post-secondary education; (ii) attainment of high school diploma or its equivalent; (iii) attainment of an industry-recognized credential; and (iv) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (D) for unemployed, low-income adults participating in activities under section 366— (i) entry into unsubsidized employment, retention, and earnings as described in subparagraph (A); and (ii) the attainment of industry-recognized credentials. (c) Activities required To be additional Funds provided under this Act shall only be used for activities that are in addition to activities that would otherwise be available in the State or local area in the absence of such funds. (d) Additional requirements The Secretary of Labor may establish such additional requirements as the Secretary determines may be necessary to ensure fiscal integrity, effective monitoring, and the appropriate and prompt implementation of the activities under this Act. (e) Report of information and evaluations to congress and the public The Secretary of Labor shall provide to the appropriate Committees of the Congress and make available to the public the information reported pursuant to subsection (b) and the evaluations of activities carried out pursuant to the funds reserved under section 363(b). 368. Definitions In this Act: (1) Local chief elected official The term local chief elected official means the chief elected executive officer of a unit of local government in a local workforce investment area or in the case where more than one unit of general government, the individuals designated under an agreement described in section 117(c)(1)(B) of the Workforce Investment Act of 1998. (2) Local workforce investment area The term local workforce investment area means such area designated under section 116 of the Workforce Investment Act of 1998. (3) Local workforce investment board The term local workforce investment board means such board established under section 117 of the Workforce Investment Act of 1998. (4) Low-income youth The term low-income youth means an individual who— (A) is aged 16 through 24; (B) meets the definition of a low-income individual provided in section 101(25) of the Workforce Investment Act of 1998, except that States, local workforce investment areas under section 365 and eligible entities under section 366(c), subject to approval in the applicable State plans, local plans, and applications for funds, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under sections 365 and 366 of this Act; and (C) is in one or more of the categories specified in section 101(13)(C) of the Workforce Investment Act of 1998. (5) Outlying area The term outlying area means the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (6) Unemployed, low-income adult The term unemployed, low-income adult means an individual who— (A) is age 18 or older; (B) is without employment and is seeking assistance under this Act to obtain employment; and (C) meets the definition of a low-income individual under section 101(25) of the Workforce Investment Act of 1998, except that for that States, local entities described in section 364(d)(1) and eligible entities under section 366(c), subject to approval in the applicable State plans, local plans, and applications for funds, may increase the income level specified in subparagraph (B)(i) of such section to an amount not in excess of 200 percent of the poverty line for purposes of determining eligibility for participation in activities under sections 364 and 366 of this Act. (7) State The term State means each of the several States of the United States, the District of Columbia, and Puerto Rico. D Prohibition of discrimination in employment on the basis of an individual’s status as unemployed 371. Short title This subtitle may be cited as the Fair Employment Opportunity Act of 2013 . 372. Findings and purpose (a) Findings Congress finds that denial of employment opportunities to individuals because of their status as unemployed is discriminatory and burdens commerce by— (1) reducing personal consumption and undermining economic stability and growth; (2) squandering human capital essential to the Nation’s economic vibrancy and growth; (3) increasing demands for Federal and State unemployment insurance benefits, reducing trust fund assets, and leading to higher payroll taxes for employers, cuts in benefits for jobless workers, or both; (4) imposing additional burdens on publicly funded health and welfare programs; and (5) depressing income, property, and other tax revenues that the Federal Government, States, and localities rely on to support operations and institutions essential to commerce. (b) Purposes The purposes of this subtitle are— (1) to prohibit employers and employment agencies from disqualifying an individual from employment opportunities because of that individual’s status as unemployed; (2) to prohibit employers and employment agencies from publishing or posting any advertisement or announcement for an employment opportunity that indicates that an individual’s status as unemployed disqualifies that individual for the opportunity; and (3) to eliminate the burdens imposed on commerce due to the exclusion of such individuals from employment. 373. Definitions As used in this subtitle— (1) the term affected individual means any person who was subject to an unlawful employment practice solely because of that individual’s status as unemployed; (2) the term Commission means the Equal Employment Opportunity Commission; (3) the term employee means— (A) an employee as defined in section 701(f) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(f)); (B) a State employee to which section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) applies; (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) or section 411(c) of title 3, United States Code; or (D) an employee or applicant to which section 717(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16(a)) applies; (4) the term employer means— (A) a person engaged in an industry affecting commerce (as defined in section 701(h) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(h) ) who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but does not include a bona fide private membership club that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986; (B) an employing authority to which section 302(a)(1) of the Government Employee Rights Act of 1991 applies; (C) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 or section 411(c) of title 3, United States Code; or (D) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (5) the term employment agency means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for individuals opportunities to work as employees for an employer and includes an agent of such a person, and any person who maintains an Internet website or print medium that publishes advertisements or announcements of openings in jobs for employees; (6) the term person has the meaning given the term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ); and (7) the term status as unemployed , used with respect to an individual, means that the individual, at the time of application for employment or at the time of action alleged to violate this subtitle, does not have a job, is available for work and is searching for work. 374. Prohibited acts (a) Employers It shall be an unlawful employment practice for an employer to— (1) publish in print, on the Internet, or in any other medium, an advertisement or announcement for an employee for any job that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or (B) any provision stating or indicating that an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; (2) fail or refuse to consider for employment, or fail or refuse to hire, an individual as an employee because of the individual’s status as unemployed; or (3) direct or request that an employment agency take an individual’s status as unemployed into account to disqualify an applicant for consideration, screening, or referral for employment as an employee. (b) Employment agencies It shall be an unlawful employment practice for an employment agency to— (1) publish, in print or on the Internet or in any other medium, an advertisement or announcement for any vacancy in a job, as an employee, that includes— (A) any provision stating or indicating that an individual’s status as unemployed disqualifies the individual for any employment opportunity; or (B) any provision stating or indicating that the employment agency or an employer will not consider or hire an individual for any employment opportunity based on that individual’s status as unemployed; (2) screen, fail or refuse to consider, or fail or refuse to refer an individual for employment as an employee because of the individual’s status as unemployed; or (3) limit, segregate, or classify any individual in any manner that would limit or tend to limit the individual’s access to information about jobs, or consideration, screening, or referral for jobs, as employees, solely because of an individual’s status as unemployed. (c) Interference with rights, proceedings or inquiries It shall be unlawful for any employer or employment agency to— (1) interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided under this subtitle; or (2) fail or refuse to hire, to discharge, or in any other manner to discriminate against any individual, as an employee, because such individual— (A) opposed any practice made unlawful by this subtitle; (B) has asserted any right, filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (C) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (D) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. (d) Construction Nothing in this subtitle is intended to preclude an employer or employment agency from considering an individual’s employment history, or from examining the reasons underlying an individual’s status as unemployed, in assessing an individual’s ability to perform a job or in otherwise making employment decisions about that individual. Such consideration or examination may include an assessment of whether an individual’s employment in a similar or related job for a period of time reasonably proximate to the consideration of such individual for employment is job-related or consistent with business necessity. 375. Enforcement (a) Enforcement powers With respect to the administration and enforcement of this subtitle— (1) the Commission shall have the same powers as the Commission has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c), in the case of an affected individual who would be covered by such title, or by section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (2) the Librarian of Congress shall have the same powers as the Librarian of Congress has to administer and enforce title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of an affected individual who would be covered by such title; (3) the Board (as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301)) shall have the same powers as the Board has to administer and enforce the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of an affected individual who would be covered by section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ); (4) the Attorney General shall have the same powers as the Attorney General has to administer and enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ); or (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c); in the case of an affected individual who would be covered by such title, or of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), respectively; (5) the President, the Commission, and the Merit Systems Protection Board shall have the same powers as the President, the Commission, and the Board, respectively, have to administer and enforce chapter 5 of title 3, United States Code, in the case of an affected individual who would be covered by section 411 of such title; and (6) a court of the United States shall have the same jurisdiction and powers as the court has to enforce— (A) title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) in the case of a claim alleged by such individual for a violation of such title; (B) sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b and 2000e–16c) in the case of a claim alleged by such individual for a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)); (C) the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq. ) in the case of a claim alleged by such individual for a violation of section 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); and (D) chapter 5 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of section 411 of such title. (b) Procedures The procedures applicable to a claim alleged by an individual for a violation of this subtitle are— (1) the procedures applicable for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.) in the case of a claim alleged by such individual for a violation of such title; (2) the procedures applicable for a violation of section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)) in the case of a claim alleged by such individual for a violation of such section; (3) the procedures applicable for a violation of section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ) in the case of a claim alleged by such individual for a violation of such section; and (4) the procedures applicable for a violation of section 411 of title 3, United States Code, in the case of a claim alleged by such individual for a violation of such section. (c) Remedies (1) In any claim alleging a violation of section 374(a)(1) or 374(b)(1) of this subtitle, an individual, or any person acting on behalf of the individual as set forth in section 375(a) of this subtitle, may be awarded, as appropriate: (A) An order enjoining the respondent from engaging in the unlawful employment practice. (B) Reimbursement of costs expended as a result of the unlawful employment practice. (C) An amount in liquidated damages not to exceed $1,000 for each day of the violation. (D) Reasonable attorney’s fees (including expert fees) and costs attributable to the pursuit of a claim under this subtitle, except that no person identified in section 733(a) of this subtitle shall be eligible to receive attorney’s fees. (2) In any claim alleging a violation of any other subsection of this subtitle, an individual, or any person acting on behalf of the individual as set forth in section 375(a) of this subtitle, may be awarded, as appropriate, the remedies available for a violation of title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), section 302(a)(1) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b(a)(1)), section 201(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1311(a)(1) ), and section 411 of title 3, United States Code, except that in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, damages may be awarded in an amount not to exceed $5,000. 376. Federal and State immunity (a) Abrogation of State immunity A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this subtitle. (b) Waiver of State immunity (1) In general (A) Waiver A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee or applicant for employment of that program or activity under this subtitle for a remedy authorized under section 375(c) of this subtitle. (B) Definition In this paragraph, the term program or activity has the meaning given the term in section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a). (2) Effective date With respect to a particular program or activity, paragraph (1) applies to conduct occurring on or after the day, after the date of enactment of this Act, on which a State first receives or uses Federal financial assistance for that program or activity. (c) Remedies against State officials An official of a State may be sued in the official capacity of the official by any employee or applicant for employment who has complied with the applicable procedures of this subtitle, for relief that is authorized under this subtitle. (d) Remedies against the united states and the states Notwithstanding any other provision of this subtitle, in an action or administrative proceeding against the United States or a State for a violation of this subtitle, remedies (including remedies at law and in equity) are available for the violation to the same extent as such remedies would be available against a non-governmental entity. 377. Relationship to other laws This subtitle shall not invalidate or limit the rights, remedies, or procedures available to an individual claiming discrimination prohibited under any other Federal law or regulation or any law or regulation of a State or political subdivision of a State. 378. Severability If any provision of this subtitle, or the application of the provision to any person or circumstance, is held to be invalid, the remainder of this subtitle and the application of the provision to any other person or circumstances shall not be affected by the invalidity. 379. Effective date This subtitle shall take effect on the date of enactment of this Act and shall not apply to conduct occurring before the effective date. IV Offsets A 28 percent limitation on certain deductions and exclusions 401. 28 percent limitation on certain deductions and exclusions (a) In general Part I of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 69. Limitation on certain deductions and exclusions (a) In general In the case of an individual for any taxable year, if— (1) the taxpayer’s adjusted gross income is above— (A) $250,000 in the case of a joint return within the meaning of section 6013, (B) $225,000 in the case of a head of household return, (C) $125,000 in the case of a married filing separately return, or (D) $200,000 in all other cases; and (2) the taxpayer’s adjusted taxable income for such taxable year exceeds the minimum marginal rate amount, then the tax imposed under section 1 with respect to such taxpayer for such taxable year shall be increased by the amount determined under subsection (b). If the taxpayer is subject to tax under section 55, then in lieu of an increase in tax under section 1, the tax imposed under section 55 with respect to such taxpayer for such taxable year shall be increased by the amount determined under subsection (c). (b) Additional amount The amount determined under this subsection with respect to any taxpayer for any taxable year is the excess (if any) of— (1) the tax which would be imposed under section 1 with respect to such taxpayer for such taxable year if adjusted taxable income were substituted for taxable income each place it appears therein, over (2) the sum of— (A) the tax which would be imposed under such section with respect to such taxpayer for such taxable year on the greater of— (i) taxable income, or (ii) the minimum marginal rate amount, plus (B) 28 percent of the excess (if any) of the taxpayer’s adjusted taxable income over the greater of— (i) the taxpayer’s taxable income, or (ii) the minimum marginal rate amount. (c) Additional AMT amount (1) The amount determined under this subsection with respect to any taxpayer for any taxable year is the additional amount computed under subsection (b) multiplied by the ratio that— (A) the result of— (i) all itemized deductions (before the application of section 68), plus (ii) the specified above-the-line deductions and specified exclusions, minus (iii) the amount of deductions disallowed under section 56(b)(1)(A) and (B), minus (iv) the non-preference disallowed deductions, bears to— (B) the sum of— (i) the total of itemized deductions (after the application of section 68), plus (ii) the specified above-the-line deductions and specified exclusions. (2) If the top of the AMT exemption phase-out range for the taxpayer exceeds the minimum marginal rate amount for the taxpayer and if the taxpayer’s alternative minimum taxable income does not exceed the top of the AMT exemption phase-out range, the taxpayer must increase its additional AMT amount by 7 percent of the excess of— (A) the lesser of— (i) the top of the AMT exemption phase-out range, or (ii) the taxpayer’s alternative minimum taxable income, computed— (I) without regard to any itemized deduction or any specified above-the-line deduction, and (II) by including the amount of any specified exclusion; over (B) the greater of— (i) the taxpayer’s alternative minimum taxable income, or (ii) the minimum marginal rate amount. (d) Minimum marginal rate amount For purposes of this section, the term minimum marginal rate amount means, with respect to any taxpayer for any taxable year, the highest amount of the taxpayer’s taxable income which would be subject to a marginal rate of tax under section 1 that is less than 36 percent with respect to such taxable year. (e) Adjusted taxable income For purposes of this section— (1) In general The term adjusted taxable income means taxable income computed— (A) without regard to any itemized deduction or any specified above-the-line deduction, and (B) by including in gross income any specified exclusion. (2) Specified above-the-line deduction The term specified above-the-line deduction means— (A) the deduction provided under section 162(l) (relating to special rules for health insurance costs of self-employed individuals), (B) the deduction provided under section 199 (relating to income attributable to domestic production activities), and (C) the deductions provided under the following paragraphs of section 62(a): (i) Paragraph (2) (relating to certain trade and business deductions of employees), other than subparagraph (A) thereof. (ii) Paragraph (15) (relating to moving expenses). (iii) Paragraph (16) (relating to Archer MSAs). (iv) Paragraph (17) (relating to interest on education loans). (v) Paragraph (18) (relating to higher education expenses). (vi) Paragraph (19) (relating to health savings accounts). (3) Specified exclusion The term specified exclusion means— (A) any interest excluded under section 103, (B) any exclusion with respect to the cost described in section 6051(a)(14) (without regard to subparagraph (B) thereof), and (C) any foreign earned income excluded under section 911. (f) Non-Preference disallowed deductions For purposes of this section, the term AMT-allowed deductions means all itemized deductions disallowed by section 68 multiplied by the ratio that— (1) a taxpayer’s itemized deductions for the taxable year that are subject to section 68 (that is, not including those excluded under section 68(c)) and that are not limited under section 56(b)(1)(A) or (B), bears to (2) the taxpayer’s itemized deductions for the taxable year that are subject to section 68 (that is, not including those excluded under section 68(c)). (g) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations which provide appropriate adjustments to the additional AMT amount. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after January 1, 2013. B Tax carried interest in investment partnerships as ordinary income 411. Partnership interests transferred in connection with performance of services (a) Modification to election To include partnership interest in gross income in year of transfer Subsection (c) of section 83 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Partnership interests Except as provided by the Secretary— (A) In general In the case of any transfer of an interest in a partnership in connection with the provision of services to (or for the benefit of) such partnership— (i) the fair market value of such interest shall be treated for purposes of this section as being equal to the amount of the distribution which the partner would receive if the partnership sold (at the time of the transfer) all of its assets at fair market value and distributed the proceeds of such sale (reduced by the liabilities of the partnership) to its partners in liquidation of the partnership, and (ii) the person receiving such interest shall be treated as having made the election under subsection (b)(1) unless such person makes an election under this paragraph to have such subsection not apply. (B) Election The election under subparagraph (A)(ii) shall be made under rules similar to the rules of subsection (b)(2). . (b) Effective date The amendments made by this section shall apply to interests in partnerships transferred after December 31, 2013. 412. Special rules for partners providing investment management services to partnerships (a) In general Part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 710. Special rules for partners providing investment management services to partnerships (a) Treatment of distributive share of partnership items For purposes of this title, in the case of an investment services partnership interest— (1) In general Notwithstanding section 702(b)— (A) an amount equal to the net capital gain with respect to such interest for any partnership taxable year shall be treated as ordinary income, and (B) subject to the limitation of paragraph (2), an amount equal to the net capital loss with respect to such interest for any partnership taxable year shall be treated as an ordinary loss. (2) Recharacterization of losses limited to recharacterized gains The amount treated as ordinary loss under paragraph (1)(B) for any taxable year shall not exceed the excess (if any) of— (A) the aggregate amount treated as ordinary income under paragraph (1)(A) with respect to the investment services partnership interest for all preceding partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under paragraph (1)(B) with respect to such interest for all preceding partnership taxable years to which this section applies. (3) Allocation to items of gain and loss (A) Net capital gain The amount treated as ordinary income under paragraph (1)(A) shall be allocated ratably among the items of long-term capital gain taken into account in determining such net capital gain. (B) Net capital loss The amount treated as ordinary loss under paragraph (1)(B) shall be allocated ratably among the items of long-term capital loss and short-term capital loss taken into account in determining such net capital loss. (4) Terms relating to capital gains and losses For purposes of this section— (A) In general Net capital gain, long-term capital gain, and long-term capital loss, with respect to any investment services partnership interest for any taxable year, shall be determined under section 1222, except that such section shall be applied— (i) without regard to the recharacterization of any item as ordinary income or ordinary loss under this section, (ii) by only taking into account items of gain and loss taken into account by the holder of such interest under section 702 with respect to such interest for such taxable year, (iii) by treating property which is taken into account in determining gains and losses to which section 1231 applies as capital assets held for more than 1 year, and (iv) without regard to section 1202. (B) Net capital loss The term net capital loss means the excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. Rules similar to the rules of clauses (i) through (iv) of subparagraph (A) shall apply for purposes of the preceding sentence. (5) Special rules for dividends (A) Individuals Any dividend allocated to any investment services partnership interest shall not be treated as qualified dividend income for purposes of section 1(h). (B) Corporations No deduction shall be allowed under section 243 or 245 with respect to any dividend allocated to any investment services partnership interest. (b) Dispositions of partnership interests (1) Gain (A) In general Any gain on the disposition of an investment services partnership interest shall be— (i) treated as ordinary income, and (ii) recognized notwithstanding any other provision of this subtitle. (B) Exceptions; Certain transfers to charities and related persons Subparagraph (A) shall not apply to— (i) a disposition by gift, (ii) a transfer at death, or (iii) other disposition identified by the Secretary as a disposition with respect to which it would be inconsistent with the purposes of this section to apply subparagraph (A), if such gift, transfer, or other disposition is to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)) or a person with respect to whom the transferred interest is an investment services partnership interest. (2) Loss Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of— (A) the aggregate amount treated as ordinary income under subsection (a) with respect to such interest for all partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under subsection (a) with respect to such interest for all partnership taxable years to which this section applies. (3) Election with respect to certain exchanges Paragraph (1)(A)(ii) shall not apply to the contribution of an investment services partnership interest to a partnership in exchange for an interest in such partnership if— (A) the taxpayer makes an irrevocable election to treat the partnership interest received in the exchange as an investment services partnership interest, and (B) the taxpayer agrees to comply with such reporting and recordkeeping requirements as the Secretary may prescribe. (4) Distributions of partnership property (A) In general In the case of any distribution of property by a partnership with respect to any investment services partnership interest held by a partner, the partner receiving such property shall recognize gain equal to the excess (if any) of— (i) the fair market value of such property at the time of such distribution, over (ii) the adjusted basis of such property in the hands of such partner (determined without regard to subparagraph (C)). (B) Treatment of gain as ordinary income Any gain recognized by such partner under subparagraph (A) shall be treated as ordinary income to the same extent and in the same manner as the increase in such partner’s distributive share of the taxable income of the partnership would be treated under subsection (a) if, immediately prior to the distribution, the partnership had sold the distributed property at fair market value and all of the gain from such disposition were allocated to such partner. For purposes of applying paragraphs (2) and (3) of subsection (a), any gain treated as ordinary income under this subparagraph shall be treated as an amount treated as ordinary income under subsection (a)(1)(A). (C) Adjustment of basis In the case a distribution to which subparagraph (A) applies, the basis of the distributed property in the hands of the distributee partner shall be the fair market value of such property. (D) Special rules with respect to mergers, divisions, and technical terminations In the case of a taxpayer which satisfies requirements similar to the requirements of subparagraphs (A) and (B) of paragraph (3), this paragraph and paragraph (1)(A)(ii) shall not apply to the distribution of a partnership interest if such distribution is in connection with a contribution (or deemed contribution) of any property of the partnership to which section 721 applies pursuant to a transaction described in paragraph (1)(B) or (2) of section 708(b). (c) Investment services partnership interest For purposes of this section— (1) In general The term investment services partnership interest means any interest in an investment partnership acquired or held by any person in connection with the conduct of a trade or business described in paragraph (2) by such person (or any person related to such person). An interest in an investment partnership held by any person— (A) shall not be treated as an investment services partnership interest for any period before the first date on which it is so held in connection with such a trade or business, (B) shall not cease to be an investment services partnership interest merely because such person holds such interest other than in connection with such a trade or business, and (C) shall be treated as an investment services partnership interest if acquired from a related person in whose hands such interest was an investment services partnership interest. (2) Businesses to which this section applies A trade or business is described in this paragraph if such trade or business primarily involves the performance of any of the following services with respect to assets held (directly or indirectly) by the investment partnership referred to in paragraph (1): (A) Advising as to the advisability of investing in, purchasing, or selling any specified asset. (B) Managing, acquiring, or disposing of any specified asset. (C) Arranging financing with respect to acquiring specified assets. (D) Any activity in support of any service described in subparagraphs (A) through (C). (3) Investment partnership (A) In general The term investment partnership means any partnership if, at the end of any calendar quarter ending after December 31, 2012— (i) substantially all of the assets of the partnership are specified assets (determined without regard to any section 197 intangible within the meaning of section 197(d)), and (ii) more than half of the contributed capital of the partnership is attributable to contributions of property by one or more persons in exchange for interests in the partnership which (in the hands of such persons) constitute property held for the production of income. (B) Special rules for determining if property held for the production of income Except as otherwise provided by the Secretary, for purposes of determining whether any interest in a partnership constitutes property held for the production of income under subparagraph (A)(ii)— (i) any election under subsection (e) or (f) of section 475 shall be disregarded, and (ii) paragraph (5)(B) shall not apply. (C) Antiabuse rules The Secretary may issue regulations or other guidance which prevent the avoidance of the purposes of subparagraph (A), including regulations or other guidance which treat convertible and contingent debt (and other debt having the attributes of equity) as a capital interest in the partnership. (D) Controlled groups of entities (i) In general In the case of a controlled group of entities, if an interest in the partnership received in exchange for a contribution to the capital of the partnership by any member of such controlled group would (in the hands of such member) constitute property not held for the production of income, then any interest in such partnership held by any member of such group shall be treated for purposes of subparagraph (A) as constituting (in the hands of such member) property not held for the production of income. (ii) Controlled group of entities For purposes of clause (i), the term controlled group of entities means a controlled group of corporations as defined in section 1563(a)(1), applied without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). (4) Specified asset The term specified asset means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate held for rental or investment, interests in partnerships, commodities (as defined in section 475(e)(2)), cash or cash equivalents, or options or derivative contracts with respect to any of the foregoing. (5) Related persons (A) In general A person shall be treated as related to another person if the relationship between such persons is described in section 267(b) or 707(b). (B) Attribution of partner services Any service described in paragraph (2) which is provided by a partner of a partnership shall be treated as also provided by such partnership. (d) Exception for certain capital interests (1) In general In the case of any portion of an investment services partnership interest which is a qualified capital interest, all items of gain and loss (and any dividends) which are allocated to such qualified capital interest shall not be taken into account under subsection (a) if— (A) allocations of items are made by the partnership to such qualified capital interest in the same manner as such allocations are made to other qualified capital interests held by partners who do not provide any services described in subsection (c)(2) and who are not related to the partner holding the qualified capital interest, and (B) the allocations made to such other interests are significant compared to the allocations made to such qualified capital interest. (2) Authority to provide exceptions to allocation requirements To the extent provided by the Secretary in regulations or other guidance— (A) Allocations to portion of qualified capital interest Paragraph (1) may be applied separately with respect to a portion of a qualified capital interest. (B) No or insignificant allocations to nonservice providers In any case in which the requirements of paragraph (1)(B) are not satisfied, items of gain and loss (and any dividends) shall not be taken into account under subsection (a) to the extent that such items are properly allocable under such regulations or other guidance to qualified capital interests. (C) Allocations to service providers’ qualified capital interests which are less than other allocations Allocations shall not be treated as failing to meet the requirement of paragraph (1)(A) merely because the allocations to the qualified capital interest represent a lower return than the allocations made to the other qualified capital interests referred to in such paragraph. (3) Special rule for changes in services and capital contributions In the case of an interest in a partnership which was not an investment services partnership interest and which, by reason of a change in the services with respect to assets held (directly or indirectly) by the partnership or by reason of a change in the capital contributions to such partnership, becomes an investment services partnership interest, the qualified capital interest of the holder of such partnership interest immediately after such change shall not, for purposes of this subsection, be less than the fair market value of such interest (determined immediately before such change). (4) Special rule for tiered partnerships Except as otherwise provided by the Secretary, in the case of tiered partnerships, all items which are allocated in a manner which meets the requirements of paragraph (1) to qualified capital interests in a lower-tier partnership shall retain such character to the extent allocated on the basis of qualified capital interests in any upper-tier partnership. (5) Exception for no-self-charged carry and management fee provisions Except as otherwise provided by the Secretary, an interest shall not fail to be treated as satisfying the requirement of paragraph (1)(A) merely because the allocations made by the partnership to such interest do not reflect the cost of services described in subsection (c)(2) which are provided (directly or indirectly) to the partnership by the holder of such interest (or a related person). (6) Special rule for dispositions In the case of any investment services partnership interest any portion of which is a qualified capital interest, subsection (b) shall not apply to so much of any gain or loss as bears the same proportion to the entire amount of such gain or loss as— (A) the distributive share of gain or loss that would have been allocated to the qualified capital interest (consistent with the requirements of paragraph (1)) if the partnership had sold all of its assets at fair market value immediately before the disposition, bears to (B) the distributive share of gain or loss that would have been so allocated to the investment services partnership interest of which such qualified capital interest is a part. (7) Qualified capital interest For purposes of this subsection— (A) In general The term qualified capital interest means so much of a partner’s interest in the capital of the partnership as is attributable to— (i) the fair market value of any money or other property contributed to the partnership in exchange for such interest (determined without regard to section 752(a)), (ii) any amounts which have been included in gross income under section 83 with respect to the transfer of such interest, and (iii) the excess (if any) of— (I) any items of income and gain taken into account under section 702 with respect to such interest, over (II) any items of deduction and loss so taken into account. (B) Adjustment to qualified capital interest (i) Distributions and losses The qualified capital interest shall be reduced by distributions from the partnership with respect to such interest and by the excess (if any) of the amount described in subparagraph (A)(iii)(II) over the amount described in subparagraph (A)(iii)(I). (ii) Special rule for contributions of property In the case of any contribution of property described in subparagraph (A)(i) with respect to which the fair market value of such property is not equal to the adjusted basis of such property immediately before such contribution, proper adjustments shall be made to the qualified capital interest to take into account such difference consistent with such regulations or other guidance as the Secretary may provide. (C) Technical terminations, etc., disregarded No increase or decrease in the qualified capital interest of any partner shall result from a termination, merger, consolidation, or division described in section 708, or any similar transaction. (8) Treatment of certain loans (A) Proceeds of partnership loans not treated as qualified capital interest of service providing partners For purposes of this subsection, an investment services partnership interest shall not be treated as a qualified capital interest to the extent that such interest is acquired in connection with the proceeds of any loan or other advance made or guaranteed, directly or indirectly, by any other partner or the partnership (or any person related to any such other partner or the partnership). The preceding sentence shall not apply to the extent the loan or other advance is repaid before January 1, 2013 unless such repayment is made with the proceeds of a loan or other advance described in the preceding sentence. (B) Reduction in allocations to qualified capital interests for loans from nonservice-providing partners to the partnership For purposes of this subsection, any loan or other advance to the partnership made or guaranteed, directly or indirectly, by a partner not providing services described in subsection (c)(2) to the partnership (or any person related to such partner) shall be taken into account in determining the qualified capital interests of the partners in the partnership. (e) Other income and gain in connection with investment management services (1) In general If— (A) a person performs (directly or indirectly) investment management services for any investment entity, (B) such person holds (directly or indirectly) a disqualified interest with respect to such entity, and (C) the value of such interest (or payments thereunder) is substantially related to the amount of income or gain (whether or not realized) from the assets with respect to which the investment management services are performed, any income or gain with respect to such interest shall be treated as ordinary income. Rules similar to the rules of subsections (a)(5) and (d) shall apply for purposes of this subsection. (2) Definitions For purposes of this subsection— (A) Disqualified interest (i) In general The term disqualified interest means, with respect to any investment entity— (I) any interest in such entity other than indebtedness, (II) convertible or contingent debt of such entity, (III) any option or other right to acquire property described in subclause (I) or (II), and (IV) any derivative instrument entered into (directly or indirectly) with such entity or any investor in such entity. (ii) Exceptions Such term shall not include— (I) a partnership interest, (II) except as provided by the Secretary, any interest in a taxable corporation, and (III) except as provided by the Secretary, stock in an S corporation. (B) Taxable corporation The term taxable corporation means— (i) a domestic C corporation, or (ii) a foreign corporation substantially all of the income of which is— (I) effectively connected with the conduct of a trade or business in the United States, or (II) subject to a comprehensive foreign income tax (as defined in section 457A(d)(2)). (C) Investment management services The term investment management services means a substantial quantity of any of the services described in subsection (c)(2). (D) Investment entity The term investment entity means any entity which, if it were a partnership, would be an investment partnership. (f) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to— (1) provide modifications to the application of this section (including treating related persons as not related to one another) to the extent such modification is consistent with the purposes of this section, and (2) coordinate this section with the other provisions of this title. (g) Cross reference For 40 percent penalty on certain underpayments due to the avoidance of this section, see section 6662. . (b) Application of section 751 to indirect dispositions of investment services partnership interests (1) In general Subsection (a) of section 751 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) investment services partnership interests held by the partnership, . (2) Certain distributions treated as sales or exchanges Subparagraph (A) of section 751(b)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (i), by inserting or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) investment services partnership interests held by the partnership, . (3) Application of special rules in the case of tiered partnerships Subsection (f) of section 751 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) investment services partnership interests held by the partnership, . (4) Investment services partnership interests; qualified capital interests Section 751 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Investment services partnership interests For purposes of this section— (1) In general The term investment services partnership interest has the meaning given such term by section 710(c). (2) Adjustments for qualified capital interests The amount to which subsection (a) applies by reason of paragraph (3) thereof shall not include so much of such amount as is attributable to any portion of the investment services partnership interest which is a qualified capital interest (determined under rules similar to the rules of section 710(d)). (3) Recognition of gains Any gain with respect to which subsection (a) applies by reason of paragraph (3) thereof shall be recognized notwithstanding any other provision of this title. (4) Coordination with inventory items An investment services partnership interest held by the partnership shall not be treated as an inventory item of the partnership. (5) Prevention of double counting Under regulations or other guidance prescribed by the Secretary, subsection (a)(3) shall not apply with respect to any amount to which section 710 applies. . (c) Treatment for purposes of section 7704 Subsection (d) of section 7704 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Income from certain carried interests not qualified (A) In general Specified carried interest income shall not be treated as qualifying income. (B) Specified carried interest income For purposes of this paragraph— (i) In general The term specified carried interest income means— (I) any item of income or gain allocated to an investment services partnership interest (as defined in section 710(c)) held by the partnership, (II) any gain on the disposition of an investment services partnership interest (as so defined) or a partnership interest to which (in the hands of the partnership) section 751 applies, and (III) any income or gain taken into account by the partnership under subsection (b)(4) or (e) of section 710. (ii) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of clause (i). (C) Coordination with other provisions Subparagraph (A) shall not apply to any item described in paragraph (1)(E) (or so much of paragraph (1)(F) as relates to paragraph (1)(E)). (D) Special rules for certain partnerships (i) Certain partnerships owned by real estate investment trusts Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Such partnership is treated as publicly traded under this section solely by reason of interests in such partnership being convertible into interests in a real estate investment trust which is publicly traded. (II) 50 percent or more of the capital and profits interests of such partnership are owned, directly or indirectly, at all times during the taxable year by such real estate investment trust (determined with the application of section 267(c)). (III) Such partnership meets the requirements of paragraphs (2), (3), and (4) of section 856(c). (ii) Certain partnerships owning other publicly traded partnerships Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Substantially all of the assets of such partnership consist of interests in one or more publicly traded partnerships (determined without regard to subsection (b)(2)). (II) Substantially all of the income of such partnership is ordinary income or section 1231 gain (as defined in section 1231(a)(3)). (E) Transitional rule Subparagraph (A) shall not apply to any taxable year of the partnership beginning before the date which is 10 years after January 1, 2014. . (d) Imposition of penalty on underpayments (1) In general Subsection (b) of section 6662 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (7) the following new paragraph: (8) The application of section 710(e) or the regulations or other guidance prescribed under section 710(h) to prevent the avoidance of the purposes of section 710. . (2) Amount of penalty (A) In general Section 6662 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (k) Increase in penalty in case of property transferred for investment management services In the case of any portion of an underpayment to which this section applies by reason of subsection (b)(8), subsection (a) shall be applied with respect to such portion by substituting 40 percent for 20 percent . . (B) Conforming amendment Subparagraph (B) of section 6662A(e)(2) is amended by striking or (i) and inserting , (i), or (k) . (3) Special rules for application of reasonable cause exception Subsection (c) of section 6664 is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (B) by striking paragraph (3) in paragraph (5)(A), as so redesignated, and inserting paragraph (4) ; and (C) by inserting after paragraph (2) the following new paragraph: (3) Special rule for underpayments attributable to investment management services (A) In general Paragraph (1) shall not apply to any portion of an underpayment to which section 6662 applies by reason of subsection (b)(8) unless— (i) the relevant facts affecting the tax treatment of the item are adequately disclosed, (ii) there is or was substantial authority for such treatment, and (iii) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment. (B) Rules relating to reasonable belief Rules similar to the rules of subsection (d)(3) shall apply for purposes of subparagraph (A)(iii). . (e) Income and loss from investment services partnership interests taken into account in determining net earnings from self-Employment (1) Internal revenue code (A) In general Section 1402(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ; and , and by inserting after paragraph (17) the following new paragraph: (18) notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) with respect to any entity, investment services partnership income or loss (as defined in subsection (m)) of such individual with respect to such entity shall be taken into account in determining the net earnings from self-employment of such individual. . (B) Investment services partnership income or loss Section 1402 of the Internal Revenue Code is amended by adding at the end the following new subsection: (m) Investment services partnership income or loss For purposes of subsection (a)— (1) In general The term investment services partnership income or loss means, with respect to any investment services partnership interest (as defined in section 710(c)), the net of— (A) the amounts treated as ordinary income or ordinary loss under subsections (b) and (e) of section 710 with respect to such interest, (B) all items of income, gain, loss, and deduction allocated to such interest, and (C) the amounts treated as realized from the sale or exchange of property other than a capital asset under section 751 with respect to such interest. (2) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of applying paragraph (1)(B)(ii). . (2) Social security Act Section 211(a) of the Social Security Act is amended by striking and at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ; and , and by inserting after paragraph (16) the following new paragraph: (17) Notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) of the Internal Revenue Code of 1986 with respect to any entity, investment services partnership income or loss (as defined in section 1402(m) of such Code) shall be taken into account in determining the net earnings from self-employment of such individual. . (f) Conforming amendments (1) Subsection (d) of section 731 of the Internal Revenue Code of 1986 is amended by inserting section 710(b)(4) (relating to distributions of partnership property), after to the extent otherwise provided by . (2) Section 741 of the Internal Revenue Code of 1986 is amended by inserting or section 710 (relating to special rules for partners providing investment management services to partnerships) before the period at the end. (3) The table of sections for part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 710. Special rules for partners providing investment management services to partnerships. . (g) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2013. (2) Partnership taxable years which include effective date In applying section 710(a) of the Internal Revenue Code of 1986 (as added by this section) in the case of any partnership taxable year which includes January 1, 2014, the amount of the net income referred to in such section shall be treated as being the lesser of the net income for the entire partnership taxable year or the net income determined by only taking into account items attributable to the portion of the partnership taxable year which is after such date. (3) Dispositions of partnership interests (A) In general Section 710(b) of such Code (as added by this section) shall apply to dispositions and distributions after December 31, 2013. (B) Indirect dispositions The amendments made by subsection (b) shall apply to transactions after December 31, 2013. (4) Other income and gain in connection with investment management services Section 710(e) of such Code (as added by this section) shall take effect on January 1, 2014. C Close loophole for corporate jet depreciation 421. General aviation aircraft treated as 7-year property (a) In general Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended by striking and at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: (v) any general aviation aircraft, and . (b) Class life Paragraph (3) of section 168(g) Internal Revenue Code of 1986 is amended by inserting after subparagraph (E) the following new subparagraph: (F) General aviation aircraft. In the case of any general aviation aircraft, the recovery period used for purposes of paragraph (2) shall be 12 years. . (c) General aviation aircraft Subsection (i) of section 168 Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new paragraph: (20) General aviation aircraft The term general aviation aircraft means any airplane or helicopter (including airframes and engines) not used in commercial or contract carrying of passengers or freight, but which primarily engages in the carrying of passengers. . (d) Effective date This section shall be effective for property placed in service after December 31, 2013. D Repeal oil subsidies 431. Repeal of deduction for intangible drilling and development costs in the case of oil and gas wells (a) In general Section 263(c) of the Internal Revenue Code of 1986 (relating to intangible drilling and development costs) is amended by adding at the end the following new sentence: This subsection shall not apply in the case of oil and gas wells with respect to amounts paid or incurred after December 31, 2013. . (b) Effective date The amendment made by this section shall apply to amounts paid or incurred after December 31, 2013. 432. Repeal of deduction for tertiary injectants (a) In general Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by striking section 193 (relating to tertiary injectants). (b) Clerical amendment The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 193. (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013. 433. Repeal of percentage depletion for oil and gas wells (a) In general Section 613A of the Internal Revenue Code of 1986 (relating to limitation on percentage depletion in the case of oil and gas wells) is amended to read as follows: 613A. Percentage depletion not allowed in case of oil and gas wells The allowance for depletion under section 611 with respect to any oil and gas well shall be computed without regard to section 613. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 434. Section 199 deduction not allowed with respect to oil, natural gas, or primary products thereof (a) In general Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 (relating to income attributable to domestic production activities) is amended— (1) by striking or at the end of clause (ii), (2) by striking the period at the end of clause (iii) and inserting in lieu thereof , or , and (3) by adding at the end thereof the following new clause: (iv) the production, refining, processing, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Conforming amendment Paragraph (9) of section 199(d) is amended to read as follows: (9) Primary product For purposes of subsection (c)(4)(B)(iv), the term primary product has the same meaning as when used in section 927(a)(2)(C) as in effect before its repeal. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 435. Repeal oil and gas working interest exception to passive activity rules (a) In general Paragraph (3) of section 469(c) of the Internal Revenue Code of 1986 (relating to passive activity defined) is amended by adding at the end thereof the following new subparagraph— (C) Termination Subparagraph (A) shall not apply for any taxable year beginning after December 31 2013. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 436. Repeal enhanced oil recovery credit (a) In general Subpart D of part IV of subchapter A of chapter 1of the Internal Revenue Code of 1986 (relating to business related credits) is amended by striking section 43 (relating to enhanced oil recovery credit). (b) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 43. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 437. Uniform seven-year amortization for geological and geophysical expenditures (a) In general Paragraph (1) of section 167(h) of the Internal Revenue Code of 1986 (relating to amortization of geological and geophysical expenditures) is amended by striking 24-month and inserting in lieu thereof 7-year . (b) Conforming amendments Section 167(h) is amended— (1) by striking 24-month in paragraph (4) and inserting in lieu thereof 7-year , and (2) by striking paragraph (5). (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after December 31, 2013. 438. Repeal marginal well production credit (a) In general Subpart D of part IV of subchapter A of chapter 1of the Internal Revenue Code of 1986 (relating to business related credits) is amended by striking section 45I (relating to credit for producing oil and gas from marginal wells). (b) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 45I. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. E Dual capacity taxpayers 441. Modifications of foreign tax credit rules applicable to dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer or any member of the worldwide affiliated group of which such dual capacity taxpayer is also a member to any foreign country or to any possession of the United States for any period shall not be considered a tax to the extent such amount exceeds the amount (determined in accordance with regulations) which would have been required to be paid if the taxpayer were not a dual capacity taxpayer. (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Regulations The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection. . (b) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. (c) Effective date The amendments made by this section shall apply to amounts that, if such amounts were an amount of tax paid or accrued, would be considered paid or accrued in taxable years beginning after December 31, 2013. 442. Separate basket treatment taxes paid on foreign oil and gas income (a) Separate basket for foreign tax credit Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following: (C) combined foreign oil and gas income (as defined in section 907(b)(1)). . (b) Coordination Section 904(d)(2)of such Code is amended by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L) and by inserting after subparagraph (I) the following: (J) Coordination with combined foreign oil and gas income For purposes of this section, passive category income and general category income shall not include combined foreign oil and gas income (as defined in section 907(b)(1)). . (c) Conforming amendments (1) Section 907(a) is hereby repealed. (2) Section 907(c)(4) is hereby repealed. (3) Section 907(f) is hereby repealed. (d) Effective dates (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2013. (2) Transitional rules (A) Carryovers Any unused foreign oil and gas taxes which under section 907(f) of such Code (as in effect before the amendment made by subsection (c)(3)) would have been allowable as a carryover to the taxpayer’s first taxable year beginning after December 31, 2013 (without regard to the limitation of paragraph (2) of such section 907(f) for first taxable year) shall be allowed as carryovers under section 904(c) of such Code in the same manner as if such taxes were unused taxes under such section 904(c) with respect to foreign oil and gas extraction income. (B) Losses The amendment made by subsection (c)(2) shall not apply to foreign oil and gas extraction losses arising in taxable years beginning on or before the date of the enactment of this Act. F Repeal of sequestration 451. Repeal of sequestration Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr2821ih/xml/BILLS-113hr2821ih.xml

113-hr-2822

I 113th CONGRESS 1st Session H. R. 2822 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Ms. McCollum (for herself, Mr. McGovern , Mr. Schock , Mr. Clay , Mr. Rangel , Ms. Moore , Ms. Schakowsky , Mr. Rush , Mr. Garamendi , Mr. Honda , Mr. Moran , Mr. Polis , Mr. Kilmer , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish the United States comprehensive strategy for assistance to developing countries to achieve food and nutrition security, increase sustainable and equitable agricultural development, reduce hunger, improve nutrition, and develop rural infrastructure and stimulate rural economies, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Global Food Security Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Title I—Policy objectives, planning and coordination Sec. 101. Statement of policy. Sec. 102. Comprehensive global food security strategy. Sec. 103. Reports. Title II—Bilateral programs Sec. 201. Agriculture, rural development, and nutrition. Sec. 202. Agricultural and nutrition research. 2. Findings Congress makes the following findings: (1) Food and nutrition security is a foundation of development. Persistent hunger and malnutrition stunt the mental and physical development of the next generation and hinder education, health, economics and security. (2) More than 870,000,000 people worldwide suffer from chronic food insecurity. Food insecurity and malnutrition in developing countries forces tens of millions of people into poverty, contributes to political and social instability, erodes economic growth, and undermines United States foreign assistance investments in areas including basic education, global health, environmental protection, and democratic institutions. (3) According to the March 2013 Worldwide Threat Assessment of the U.S. Intelligence Community, food insecurity is a worldwide threat: Growing food insecurity in weakly governed countries could lead to political violence and provide opportunities for existing insurgent groups to capitalize on poor conditions, exploit international food aid, and discredit governments for their inability to address basic needs . (4) In the next 30 years, as the world’s population increases to nine billion people, agricultural productivity will need to double to keep pace with demand. Countries that are major agricultural exporters have greatly enhanced productivity over the past two decades, but many developing countries with good potential to improve their agricultural economies have not. Improving agricultural productivity in those countries in a sustainable and equitable manner will increase world food supplies and accelerate economic growth and incomes, while preserving natural habitat and resources. (5) Malnutrition remains one of the world’s most pressing and costly problems—close to 200,000,000 children are chronically malnourished. Undernutrition is responsible for 45 percent of child deaths, and eleven percent of the total global disease burden is attributable to maternal and child undernutrition. According to the Lancet more than 1 in 4 of the world’s children is stunted. Stunting leads to serious, often irreversible physical and cognitive damage. (6) Reducing maternal and child malnutrition, especially during the 1,000 days between pregnancy and age 2, is critical to increasing child survival, improving cognitive and physical development, and strengthening the immune system to bolster resistance to disease. (7) Many pregnant women living in developing countries cannot access nutrition services until the fifth or sixth month of their pregnancies, leading to children born small for their gestational age. For this reason, improving the nutritional status of women and adolescent girls before and during pregnancy is vitally important. (8) The greatest potential for achieving increased food and nutrition security for people in rural areas and augmenting world food production at relatively low cost lies in increasing the agricultural capacity, resilience, sustainability and productivity of smallholder farmers. Farmers should be actively engaged at all stages of education, participatory research and extension processes. (9) The most promising and scalable gains in smallholder agriculture production will come from the delivery of seed, fertilizer, and basic farmer extension education on farming techniques, such as row planting of crops. (10) According to the World Bank, growth in the agricultural sector has been twice as effective in reducing poverty as growth in other sectors. In sub-Saharan Africa agriculture contributes about 35 percent of the total gross national product (GNP). Approximately 75 percent of the workforce in sub-Saharan Africa is engaged in the agricultural sector and three out of five of those suffering from hunger are rural, small-scale agriculturists. Thus, nutrition, agriculture and rural development strategies must include engagement of and provision of assistance to smallholder producers. Interventions to enhance agricultural productivity, conserve natural resources, and provide linkages to services, inputs, financing and markets for smallholder agricultural producers is an effective means of increasing and diversifying food supplies, improving incomes and preserving natural habitat. (11) Agriculture development to increase the yield, biodiversity and resilience of smallholder farmers is an efficient engine of sustainable economic growth, and benefits these farmers’ education, income, and health. (12) Agriculture is essential for economic growth, comprising large portions of the total labor force in many developing countries. The agricultural sector is as high as 70 to 80 percent in sub-Saharan Africa, where nearly one-half of the world’s food insecure live. In this region agriculture also contributes about 35 percent of the total gross national product (GNP). (13) Post-harvest losses can waste 40 percent of agriculture products and negatively impact nutritional content of crops. A renewed focus on reducing post-harvest losses is needed to meet the goal of increasing income generation from agricultural production. (14) Women produce as much as 80 percent of food in sub-Saharan Africa, but have access to less than 10 percent of land, credit, and extension services. Women comprise 43 percent of the agricultural labor workforce in developing countries. They make up a large proportion of smallholder farmers, including 80 percent in East Asia and sub-Saharan Africa, and face unique challenges and heightened vulnerability to food and nutrition insecurity. Increasing women’s leadership, incomes, and access to food benefits the entire household as women are more likely to share these resources with family members. (15) The International Food Policy Research Institute (IFPRI) and others have documented growing numbers of acquisitions and lease agreements of millions of acres of land in Africa, Latin America, and Central and Southeast Asia by private investors and foreign governments. These land acquisitions may threaten global food and nutrition security and agricultural development, increase political unrest, and deepen local poverty in developing nations unless adequate legal and procedural mechanisms are in place and functioning to protect the rights and welfare of people who depend on agriculture for their livelihood. (16) The accelerating loss and degradation of natural ecosystems in developing countries and changing long-term weather patterns undermine and impact efforts to improve sustainable agricultural production. According to the World Bank, changing weather patterns could reduce yields in some developing countries by as much as 50 percent. This could leave millions more children undernourished. (17) A comprehensive approach to long-term food security and agricultural development should encompass improvements in agricultural education, agricultural productivity, agricultural extension, nutrition, household incomes, rural infrastructure, finance and markets, safety net programs, job creation, research and technology, emergency relief, global health and the environment. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Agricultural development The term agricultural development means methods to use agriculture as a basis for food and nutrition security, family livelihood, and economic growth by increasing the productivity of those involved in the cultivation of food, fuel, and fiber, conserving the environment and natural resources, and improving the economic livelihoods of those involved, including farmers, fishers, foresters, and pastoralists, particularly those that operate on a small scale, and linking them and their products to markets, including post-harvest activities such as storage, processing, transport, and improving market efficiency. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (4) Chronic food insecurity The term chronic food insecurity means ongoing and persistent lack of access to sufficient food to meet dietary needs for an active and healthy life. (5) Ecosystem services The term ecosystem services means natural goods, services, and processes that the environment provides and on which people depend and from which they benefit, such as pollination, water cycles and regulation, pest control, and soil formation. (6) Extreme poverty The term extreme poverty means income of less than one-half of the poverty level as defined by the International Bank for Reconstruction and Development for the relevant year. (7) Food security The term food security means the condition of having, at all times, access to nutritious, affordable, sufficient, and safe food to maintain a healthy and active life. (8) Malnutrition The term malnutrition means poor nutritional status caused by nutritional deficiency or excess. (9) Resilience The term resilience means the ability of people, households, communities, countries and systems to mitigate, adapt to, recover from, and withstand events that result in social disruption and economic hardship. (10) Rural infrastructure The term rural infrastructure — (A) means public and private facilities and services necessary for agricultural production and other activities in non-urban (rural) areas; and (B) includes roads or other means of transportation, water supplies including irrigation, rural electrification, communication technology, financial services, storage, warehousing, and processing facilities needed for increasing agricultural production and linking producers to markets, including policies and regulations of such sectors in addition to physical infrastructure. (11) Smallholder The term smallholder refers to farmers with a low asset base, limited resources including land, capital, skills and labor, and farming less than 5 hectares of land. (12) Strategy The term strategy means the United States Comprehensive Global Food Security strategy outlined in section 102. (13) Stunted; stunting The terms stunted and stunting mean a condition— (A) of being too short for one’s age, with a height-to-age ratio that is more than 2 standard deviations below the median for the population; (B) caused by poor diet and frequent infections, occurring before age 2, and is a sign of chronic malnutrition; and (C) leading to long-term poor health, delayed motor development, and impaired cognitive function and decreased immunity. (14) Undernutrtiton The term undernutrition — (A) means several outcomes of insufficient food intake, such as being underweight for one’s age, too short for one’s age (stunted), dangerously thin for one’s height (wasted), or deficient in vitamins and minerals (micronutrient malnutrition); and (B) can be identified by anthropometric indices (underweight, stunting, and wasting) or by the missing micronutrients in poor-quality diets. (15) Voluntary guidelines The term Voluntary Guidelines means the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security, adopted with the leadership of the United States throughout the negotiation process, in May 2012 at the Special 38th Session of the United Nations Committee on Global Food Security. The objective of the Voluntary Guidelines is to improve food security through land governance for the benefit of all, with an emphasis on vulnerable and marginalized people. (16) Wasting The term wasting , with respect to an individual, means the condition of weighing too little for such individual’s height. Wasting indicates both long- and short-term nutritional deprivation. Wasting is a traumatic process of substantial weight loss that is usually associated with starvation or serious disease. Wasting is calculated by comparing a child’s weight-for-height with those of a reference population of well-nourished and healthy children. Because wasting is strongly related to mortality, wasting rates are often used to indicate the severity of hunger emergencies. I Policy objectives, planning and coordination 101. Statement of policy It is the policy of the United States to assist foreign countries in achieving food and nutrition security by increasing sustainable and equitable agricultural production, improving nutrition, and strengthening agricultural value chains, with a focus on smallholder farmers, in order to reduce global hunger, malnutrition and poverty, promote rural development, and improve the nutritional status of all people. 102. Comprehensive global food security strategy (a) Special coordinator The President shall designate an individual to serve in the Executive Office of the President as the Special Coordinator for Food, Nutrition and Agricultural Development. The coordinator shall— (1) advise the President on global food security, nutrition security, and agricultural development; (2) take such actions as are necessary to ensure the coordination of programs of the United States related to global food security, nutrition security, and agricultural development efforts, including those resulting from contributions to multilateral organizations and nongovernmental organizations; (3) make recommendations regarding the staffing needs and necessary qualifications and expertise of staff needed to swiftly and effectively carry out the strategy described in subsection (c); (4) establish a mechanism for regular consultation with representatives of Federal departments and agencies, multilateral institutions, private voluntary organizations, cooperatives, the private sector, and other nongovernmental organizations to develop the strategy described in subsection (c) and to consult on methodologies, conditions in targeted countries, progress towards goals and other relevant information about needs and interventions; and (5) oversee the development and implementation of the strategy described in subsection (c). (b) Implementation The United States Agency for International Development shall be the lead agency in implementing the strategy described in subsection (c). (c) Content of strategy The strategy described in this subsection is a comprehensive food security, nutrition security, and agricultural development strategy that shall— (1) recognize food security and nutrition as essential contributors to global development, health, peace and stability; (2) reflect a whole-of-government approach that incorporates and encompasses the programs of relevant Federal departments and agencies that engage in some aspect of food security, nutrition security, agricultural development, and international health, including the Department of State, the United States Agency for International Development, the Peace Corps, the Department of Agriculture, the Department of Defense, the Department of Interior, the Millennium Challenge Corporation, the Department of the Treasury, and the Office of the United States Trade Representative; (3) integrate and coordinate the stages of emergency food aid and long-term development programs to more effectively reduce hunger, improve nutrition, improve health, and build economic capacity and resilience among food insecure populations, especially for smallholder farmers; (4) increase and improve agricultural production and availability, access, utilization, and stability of food among women and smallholder farmers in order to decrease poverty and hunger, improve health, and prevent stunting, as the most direct means for achieving household food and nutrition security; (5) increase the yield and capacity of smallholder farmers, through access to seed and fertilizer, assistance for sustainable agricultural production, village-level farming groups, farmer-to-farmer knowledge exchanges, agriculture value chains, agricultural extension agents, market access, innovative intellectual property frameworks, food safety nets for the most vulnerable, agricultural education, nutrition, agricultural research, natural resource management, improvements to land tenure, and rural infrastructure; (6) assist smallholder farmers in obtaining the resources, services, tools, and information they need including technology, financial services, seed varieties, fertilizer, risk management, post-harvest storage systems, water, soil conservation methods, ecologically appropriate nutrient, soil, water, seed and pest management, weather forecasting and projections in ways that assure gender equitable access; (7) prioritize research efforts that respond to the needs and priorities of smallholder farmers, including farmer-driven research, recognize that research must include both international and localized agricultural research and extension programs, and strive to build the educational capacity of smallholder farmers; (8) incorporate research efforts to better understand causes of gender inequity in agriculture, and expand research in best practices in achieving nutrition outcomes through agriculture, social protection, women’s empowerment and other sector programs; (9) build the resilience of smallholder farmers through agricultural extension services, village-level farmer groups, risk assessment and management tools, such as micro-insurance, and dissemination of research to farmers, increase ability of smallholder farmers to access inputs, technology, and information, to connect with markets, to engage in local and national planning, implementation, monitoring and evaluation regarding food and nutrition and related issues, to undertake new or diversified production while maintaining stable food supply, to be resilient in the face of shocks and stresses, and to respond to projected changes in weather patterns; (10) target investments in appropriate technologies and approaches to increase sustainable agricultural production, improve post-harvest storage, enhance family livelihood and nutrition, stimulate broad-based economic growth, and improve access to local, regional, and international markets; (11) target research, development of new technologies, extension agents, and funding towards the goal of reducing post-harvest losses by 50 percent or more; (12) incorporate approaches directed at reducing hunger and malnutrition for people living in extreme poverty and those most vulnerable to malnutrition, especially pregnant and lactating women, children in their first 1,000 days, and children under age 5, adolescent girls, communities in hard to reach areas, and marginalized populations, including availability, access, nutritional education, consumption and utilization of food, and delivery platforms such as community health workers; (13) recognize international food assistance programs as important to improving maternal and child health through improved nutrition among the poorest and most vulnerable populations, and focus on increasing their flexibility to increase program efficiency, impact, and the number of people reached; (14) address the nutritional needs of pregnant and lactating mothers, children in their first 1,000 days, children who have not attained the age of 5, and adolescent girls, and recognize the importance of prioritizing interventions, such as exclusive breast-feeding, complementary feeding practices, iron folate supplements, Vitamin A and zinc supplements, good hygiene and other evidence-based interventions; (15) prioritize, support, and promote the central role of women in agricultural production and related activities, including in household, local, and national decision-making processes, in the countries of operation; ensure programs and approaches address the special needs of women farmers, women living in poverty, and the needs of all people who are agriculturalists, pastoralists, or otherwise engaged in agriculture-related enterprises; ensure use of gender analysis to enable identification of barriers and relevant interventions to address gender inequality; (16) uphold and promote the principle of free, prior, and informed consent in relation to land access and use rights; monitor and document the trend of large scale land acquisitions and lease agreements in developing countries; promote global standards of transparency for large international land deals; (17) expand and prioritize United States assistance programs that strengthen land management in developing countries and actively support efforts to develop guidelines and support applications of land governance tools; (18) include and provide appropriate linkages with existing United States international water, energy, forest, weather and biodiversity programs; include assessment and monitoring of the effects of global changing weather patterns; prioritize the enhancement of natural resources and ecosystem resilience and the reduction of negative environmental impacts from agricultural activities through sustainable natural resource management practices including building local capacity and transferring skills and knowledge; (19) ensure inclusion and consideration of assessments and projections of the impacts of changing weather patterns on program priorities, objectives and beneficiaries; promote inclusion of local knowledge and perceptions of local conditions; prioritize the enhancement of human capacity to respond to increasing extreme weather events and current and projected changes in weather patterns; (20) prioritize the enhancement of natural resources and ecosystem goods and services and the reduction of negative environmental impacts from agricultural activities through sustainable natural resource management practices including building local capacity and transferring skills and knowledge; (21) support capacity building of national governments to administer safety net and social protection programs that connect, integrate and expand existing programs to meet food and nutrition security objectives and target the chronically hungry and poor; (22) support national governments’ efforts to strengthen the quality, ambition, and coverage of national nutrition plans, through community health workers and other approaches; (23) include specific, measurable metrics, goals, benchmarks, time frames, and a plan of action to achieve the objectives described in section 101; (24) with respect to such metrics shall include annual evaluation of improved nutritional status of women and children, prevalence of stunted children, prevalence of wasted children, prevalence of underweight women, prevalence of anemia among women and children, sustainable agricultural sector growth, changes in agricultural sector GDP, changes in rural income levels, changes in per capita expenditures in rural households, knowledge of smallholder farmers regarding effective farming practices, increased empowerment of women smallholder farmers, and numbers of beneficiaries reached; (25) provide for annual monitoring and evaluations of programs that shall include gender analysis and gender disaggregated data and address progress toward improvements in emergency assistance, access to food, availability of food, nutritional value of food, utilization of food, agricultural development, agricultural education, and capacity to manage risk among food insecure populations; (26) include aggregated reporting of indicators such as increases in income, poverty reduction, agricultural productivity and child stunting in order to clearly show the total impact of the United States investment in changing lives; (27) include community-level capacity building, agricultural extension services, enhancements to agricultural infrastructure and productivity; increased access to financial services and markets, research and technology, credit and markets, availability and functioning of local institutions serving rural communities’ needs, such as farmer-owned cooperatives, safety net programs, job creation, household incomes, research and technology, global health and the environment; (28) utilize the expertise of private voluntary organizations and cooperatives, international organizations, community-based organizations, faith-based organizations, and local administrators to improve the sustainability and productivity of agriculture, increase access to markets, enhance infrastructure, promote economic opportunity, address food and nutrition security and agricultural development needs at the household and community level, and protect the natural resource base on which rural, agricultural communities depend; (29) ensure United States investments in promoting food and nutrition security address key determinants of food insecurity, particularly— (A) availability and access, through investments in agricultural productivity, value chains and market development, and equitable distribution of and control over productive resources; (B) utilization of food, through a multifaceted approach to nutrition; and (C) stability, through ensuring that effective mechanisms are in place to address chronic and cyclical food insecurity; and (30) ensure and promote— (A) alignment with and support of the Comprehensive Africa Agriculture Development Program and other recipient country and regional strategies for addressing sustainable agricultural development; (B) coordination and integration of food and nutrition security programs between departments and agencies described in paragraph (2) and between relevant bureaus within the United States Agency for International Development, including the Bureau of Food Security, the Bureau of Democracy, Conflict and Humanitarian Affairs, the Bureau of Economic Growth, Education and the Environment, and the Bureau for Global Health; (C) inclusion of the resources of both public, private sector, and local private sector providers of appropriate agriculture inputs, processors, and marketers, including through the Global Development Alliances of the United States Agency for International Development and other measures; (D) ensuring that private sector investments comply with the Voluntary Guidelines on Responsible Governance of Tenure of Land, Fisheries, and Forests in the Context of National Food Security regarding large-scale transactions; (E) consultation and coordination at national and local levels with local and international academic and research communities, civil society, representatives of small-scale food providers, United States and international nongovernmental organizations, cooperatives, international organizations, international financial institutions, the governments of developing and developed countries, and other program implementers; (F) consultation with and engagement of local civil society, local communities, farmer groups and cooperatives, and women’s groups in inclusive planning processes as well as the implementation and monitoring and evaluation of programs; and (G) national government capacity to coordinate food and nutrition security planning and programs across all relevant ministries and levels of government, including the ability to implement comprehensive plans and programs to scale up nutrition intervention and through linkages with complementary health, water and sanitation systems. 103. Reports (a) Annual reports (1) In general Not later than 1 year after the date of the enactment of this Act, and not later than December 31 of each year thereafter through 2019, the President shall submit to the appropriate congressional committees a report on the implementation of the strategy described in section 102(c) and how it fulfills the policy objectives described in section 101. (2) Content The report required under paragraph (1) shall include— (A) a copy of the strategy and an indication of any changes made in the strategy during the preceding calendar year; (B) an assessment of progress made during the preceding calendar year toward meeting the objectives described in section 101 and the specific goals, benchmarks, and time frames specified in the strategy described in section 102(c); (C) a description of United States Government bilateral programs, and investments in multilateral institutions, contributing to the achievement of the objectives described in section 101, including the amounts expended on such programs during the preceding fiscal year; (D) an assessment of United States efforts to encourage business and philanthropic participation in United States food and nutrition security and agricultural development programs, and to coordinate, harmonize, and align such programs with similar efforts of international organizations, international financial institutions, the governments of developing and developed countries, and United States and international nongovernmental organizations; (E) an assessment of progress made and capacity gaps in implementing and institutionalizing a comprehensive approach to food and nutrition security, including integration of cross-cutting issues such as gender, environment, and nutrition, through coordinating and integrating global food and nutrition security and agricultural development research activities with other United States bilateral and multilateral development efforts in the areas of operation; (F) an assessment of land tenure rights and land purchases within each country and their consistency with the Voluntary Guidelines on Land Tenure; (G) a description of those countries with the greatest level of food insecurity, stunting, and malnutrition for the primary goal of increasing food and nutrition security; and (H) a transparent, open, and detailed budget of agriculture and food security spending and progress pertaining to the strategy described in section 102(c). (3) Government accountability office report Not later than 270 days after the submission of each report under paragraph (1), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that contains— (A) a review of, and comments addressing, the report submitted under paragraph (1); and (B) recommendations relating to any additional actions the Comptroller General believes are important to improve a global food security, nutrition security, and agricultural development strategy and its implementation. (b) Five-Year program review (1) In general Not later than 5 years after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report containing— (A) an assessment of progress made during the preceding 4 years toward meeting the objectives described in section 101 and the specific goals, benchmarks, and time frames specified in the strategy described in section 102(c); and (B) an evaluation of the impact during the preceding 5 years of United States food and nutrition security programs on food security, agricultural development, nutrition, health, stunting, water and soil health, biodiversity, and economic growth in countries suffering from chronic food insecurity. (2) Basis for report The report required under paragraph (1) shall be based on assessments and impact evaluations utilizing sound quantitative and qualitative methodologies and techniques used in the behavioral and social sciences, and shall incorporate the views of smallholder farmers in the recipient countries. (c) Availability to public Each report required under this section shall also be made available to the public. II Bilateral programs 201. Agriculture, rural development, and nutrition (a) Authority Section 103(a)(1) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a(a)(1) ) is amended— (1) in subparagraph (A), by striking and malnutrition and inserting stunting, and malnutrition ; (2) in subparagraph (B), by striking ; and and inserting a semicolon; (3) in subparagraph (C), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following new subparagraphs: (D) to improve nutrition of vulnerable populations, such as children under the age of 5, women of reproductive age, pregnant or lactating women, including through programs of nutrition and health improvement for mothers and children, including but not limited to breastfeeding and all other optimal infant and young child feeding, as well as food-based approaches such as diet diversification, home gardening and nutritional education linked to agricultural extension; (E) to expand the economic participation of women, people living in extreme poverty and those who lack access to agriculturally productive land, including but not limited to through development of rural infrastructure, disaster risk reduction, health and nutrition programs, access to local and international markets, and by integration of those living in extreme poverty into the economy; (F) to improve smallholder farmers’ agricultural productivity, income, education, capacity, and ability to manage risk including but not limited to through the expansion and improvement of agricultural and food enterprises, access to seed, fertilizer, and extension agents, farmer to farmer exchanges, cooperatives and associations focused on increasing the productivity and incomes of these farmers through the transfer of skills and knowledge; and through the enhancement of access to information, resources, tools, equipment, seeds, technology, and planning and decisionmaking processes; (G) to support natural resource management, conservation management, sustainable water management and other sustainable agricultural techniques to build resilience to shocks and stresses, adapt to changes in weather patterns, and respond to projected changes in water shortages while protecting natural resources; (H) to promote global standards of transparency for international land deals, strengthen programs to provide land tenure to international smallholder farmers, and actively support the principle of free, prior and informed consent in relation to land rights and access; and (I) to use the best available metrics, measurements, and data analysis tools to monitor, measure and evaluate effectiveness of such aid, with reduction in stunting, decrease in poverty, and increase in smallholder farmers’ agricultural production being key components of evaluating effectiveness. . (b) Priority and other requirements Section 103 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a ) is amended by adding at the end the following new subsection: (h) Priority and other requirements In providing assistance under this section, the President shall meet the following priority and other requirements: (1) Assistance under this section shall be used primarily for activities that are specifically designed to meet the purposes described in subsection (a)(1), including such activities as— (A) expansion and improvement of agricultural and food enterprises, cooperatives and associations that can increase the productivity and incomes of the poor in part through the transfer of skills and knowledge; (B) linking farmers, entrepreneurs, enterprises and institutions in poor areas with regional and national businesses, institutions and systems; (C) providing access to markets, inputs, financing, extension services, and appropriate technologies for the rural poor; (D) expansion of rural infrastructure and utilities such as farm-to-market roads, water management systems, land improvement, storage facilities, and energy, specifically renewable energy whenever practicable; (E) establishment of more equitable and more secure land tenure and resource rights arrangements; and (F) creation and strengthening of systems to provide other services and supplies needed by farmers, such as extension, research, training, financing, fertilizer, water, forestry, soil conservation, and improved seed, in ways which assure gender equitable access to such services and supplies by small farmers. (2) In circumstances in which development of major infrastructure is necessary to achieve the purposes of subsection (a), assistance for those purposes may only be provided under this section in association with significant contributions from other countries working together in a multilateral framework. Infrastructure projects so assisted should be environmentally sensitive and complemented by other measures to ensure that the benefits of the infrastructure projects reach the poor. (3) Where appropriate to meet the purposes of subsection (a), assistance shall be provided under this section to maintain, enhance and value ecosystem goods and services in developing countries. Such assistance shall include the protection of watersheds and soil, sustainable agricultural, forest, fisheries, and agro-forest management, and the provision of alternative household fuels that reduce demand for and emissions from the combustion of local forest resources. . (c) Private voluntary organizations and cooperatives In providing assistance under section 103 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a ) for purposes described in subparagraphs (D) through (I) of section 103(a)(1) of such Act, as added by subsection (a) of this section, the President shall enter into partnerships with and provide grants, cooperative agreements, and other assistance to private voluntary organizations and cooperatives to mobilize and assist low-income populations. 202. Agricultural and nutrition research Section 103A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151a–1 ) is amended in the first sentence— (1) by striking , and (3) make and inserting , (3) make ; and (2) by striking the period at the end and inserting , (4) include research, including farmer-driven research, on technological advances appropriate to local ecological condition, culture, and the desires, needs, and priorities of the local communities, and (5) include research on the effects and ways to address the effects of changing weather patterns on agriculture and nutrition and the measures or techniques necessary to enhance the capacity of local communities to adapt to observed or anticipated effects through conservation management and other techniques. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2822ih/xml/BILLS-113hr2822ih.xml

113-hr-2823

I 113th CONGRESS 1st Session H. R. 2823 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Terry (for himself, Mr. Latta , and Mrs. Walorski ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protection Agency and the Secretary of Energy to conduct a fuel system requirements harmonization study, and for other purposes. 1. Short title This Act may be cited as the Gas Accessibility and Stabilization Act of 2013 . 2. Expansion of waiver authority Section 211(c)(4)(C) of the Clean Air Act ( 42 U.S.C. 7545(c)(4)(C) ) is amended— (1) in clause (ii)(II), by inserting a problem with distribution or delivery equipment that is necessary for the transportation or delivery of fuel or fuel additives, after equipment failure, ; (2) in clause (iii)(II), by inserting (except that the Administrator may extend the effectiveness of a waiver for more than 20 days if the Administrator determines that the conditions under clause (ii) supporting a waiver determination will exist for more than 20 days) before the semicolon at the end; (3) by redesignating the second clause (v) (relating to the authority of the Administrator to approve certain State implementation plans) as clause (vi); and (4) by adding at the end the following: (vii) Presumptive approval Notwithstanding any other provision of this subparagraph, if the Administrator does not approve or deny a request for a waiver under this subparagraph within 3 days after receipt of the request, the request shall be considered to be approved as received by the Administrator and the applicable fuel standards shall be waived for the period of time requested. . 3. Fuel system requirements harmonization study Section 1509 of the Energy Policy Act of 2005 ( Public Law 109–58 ; 119 Stat. 1083) is amended— (1) in subsection (a)— (A) in paragraph (1)(A), by inserting biofuels, after oxygenated fuel, ; and (B) in paragraph (2)(G), by striking Tier II and inserting Tier III ; and (2) in subsection (b)(1), by striking 2008 and inserting 2014 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2823ih/xml/BILLS-113hr2823ih.xml

113-hr-2824

I 113th CONGRESS 1st Session H. R. 2824 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Johnson of Ohio (for himself and Mr. Lamborn ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to stop the ongoing waste by the Department of the Interior of taxpayer resources and implement the final rule on excess spoil, mining waste, and buffers for perennial and intermittent streams, and for other purposes. 1. Short title This Act may be cited as the Preventing Government Waste and Protecting Coal Mining Jobs in America . 2. Incorporation of surface mining stream buffer zone rule into State programs (a) In general Section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) is amended by adding at the end the following: (e) Stream buffer zone management (1) In general In addition to the requirements under subsection (a), each State program shall incorporate the necessary rule regarding excess spoil, coal mine waste, and buffers for perennial and intermittent streams published by the Office of Surface Mining Reclamation and Enforcement on December 12, 2008 (73 Fed. Reg. 75813 et seq.). (2) Study of implementation The Secretary shall— (A) at such time as the Secretary determines all States referred to in subsection (a) have fully incorporated the necessary rule referred to in paragraph (1) of this subsection into their State programs, publish notice of such determination; (B) during the 5-year period beginning on the date of such publication, assess the effectiveness of implementation of such rule by such States; and (C) upon the conclusion of such period, submit a comprehensive report on the impacts of such rule to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate, including— (i) an evaluation of the effectiveness of such rule; (ii) an evaluation of any ways in which the existing rule inhibits energy production; and (iii) a description in detail of any proposed changes that should be made to the rule, the justification for such changes, all comments on such changes received by the Secretary from such States, and the projected costs and benefits of such changes. (3) Limitation on new regulations The Secretary may not issue any regulations under this Act relating to stream buffer zones or stream protection before the date of the publication of the report under paragraph (2), other than a rule necessary to implement paragraph (1). . (b) Deadline for State implementation Not later than 2 years after the date of the enactment of this Act, a State with a State program approved under section 503 of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1253 ) shall submit to the Secretary of the Interior amendments to such program pursuant to part 732 of title 30, Code of Federal Regulations, incorporating the necessary rule referred to in subsection (e)(1) of such section, as amended by this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr2824ih/xml/BILLS-113hr2824ih.xml

113-hr-2825

I 113th CONGRESS 1st Session H. R. 2825 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Cartwright (for himself, Mr. Blumenauer , Mr. Capuano , Mr. Cohen , Mr. Connolly , Mr. Cummings , Mr. DeFazio , Mr. Deutch , Ms. Eshoo , Mr. Grayson , Mr. Grijalva , Mr. Hastings of Florida , Mr. Huffman , Mr. Israel , Mr. Keating , Mr. Langevin , Mr. Larson of Connecticut , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Mr. Moran , Mr. Nadler , Mrs. Napolitano , Ms. Norton , Mr. Payne , Mr. Pocan , Mr. Polis , Mr. Rangel , Ms. Schakowsky , Ms. Shea-Porter , Ms. Slaughter , Mr. Smith of Washington , Mr. Vargas , Mr. Quigley , Mr. Takano , Mr. Tonko , Mr. Farr , Mrs. Carolyn B. Maloney of New York , Ms. Clarke , Mr. Sarbanes , Ms. Schwartz , Mr. Nolan , and Mr. Sherman ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require regulation of wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy under the Solid Waste Disposal Act, and for other purposes. 1. Short title This Act may be cited as the CLEANER Act of 2013 or the Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2013 . 2. Regulation of wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy under the Solid Waste Disposal Act (a) Identification or listing, and regulation under subtitle C Paragraph (2) of section 3001(b) of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b) ) is amended to read as follows: (2) Not later than 1 year after the date of enactment of the CLEANER Act of 2013, the Administrator shall— (A) determine whether drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy meet the criteria promulgated under this section for the identification or listing of hazardous waste; (B) identify or list as hazardous waste any drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy that the Administrator determines, pursuant to subparagraph (A), meet the criteria promulgated under this section for the identification or listing of hazardous waste; and (C) promulgate regulations under sections 3002, 3003, and 3004 for wastes identified or listed as hazardous waste pursuant to subparagraph (B), except that the Administrator is authorized to modify the requirements of such sections to take into account the special characteristics of such wastes so long as such modified requirements protect human health and the environment. . (b) Regulation under subtitle D Section 4010(c)) of the Solid Waste Disposal Act (42 U.S.C. 6949a(c)) is amended by adding at the end the following new paragraph: (7) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy Not later than 1 year after the date of enactment of the CLEANER Act of 2013, the Administrator shall promulgate revisions of the criteria promulgated under section 4004(a) and under section 1008(a)(3) for facilities that may receive drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy, that are not identified or listed as hazardous waste pursuant to section 3001(b)(2). The criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such facilities. At a minimum such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination, establish criteria for the acceptable location of new or existing facilities, and provide for corrective action and financial assurance as appropriate. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2825ih/xml/BILLS-113hr2825ih.xml

113-hr-2826

I 113th CONGRESS 1st Session H. R. 2826 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Reichert (for himself, Mr. Young of Indiana , Mr. Kelly of Pennsylvania , Mr. Griffin of Arkansas , Mr. Renacci , Mr. Boustany , and Mr. Reed ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title III of the Social Security Act to prevent the payment of unemployment benefits to incarcerated individuals. 1. Short title This Act may be cited as the Permanently Ending Receipt by Prisoners Act . 2. Preventing the payment of unemployment benefits to incarcerated individuals (a) In general Section 303 of the Social Security Act ( 42 U.S.C. 503 ) is amended by adding at the end the following: (m) (1) In order to obtain the information necessary to carry out the provisions of a State law under which an individual who is confined in a jail, prison, or other penal institution or correctional facility pursuant to his conviction of a criminal offense is ineligible for regular compensation on account of such individual’s inability to satisfy the requirement under subsection (a)(12), the State agency charged with the administration of the State law shall seek such information— (A) from the Commissioner of Social Security under sections 202(x)(3)(B)(iv) and 1611(e)(1)(I)(iii); and (B) through such additional means as the State agency considers appropriate. (2) If the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to such State. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of enactment of this Act, except that the Secretary of Labor may delay the application of the requirement imposed by such amendment until a date that is not later than 3 years after such date of enactment with respect to any State for which the Secretary determines that additional time is necessary to satisfy such requirement.

https://www.govinfo.gov/content/pkg/BILLS-113hr2826ih/xml/BILLS-113hr2826ih.xml

113-hr-2827

I 113th CONGRESS 1st Session H. R. 2827 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Johnson of Georgia (for himself, Mr. Jones , Mr. McKinley , and Mr. Braley of Iowa ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to allow for fair application of the exceptions process for drugs in tiers in formularies in prescription drug plans under Medicare part D. 1. Short title This Act may be cited as the Part D Beneficiary Appeals Fairness Act . 2. Fair exceptions process for drug in tiers under Medicare part D Section 1860D–4(g)(2) of the Social Security Act ( 42 U.S.C. 1395w–103(g)(2) ) is amended— (1) in the first sentence— (A) by striking for tiered cost-sharing for drugs included within a formulary and and inserting for any tiered cost-sharing structure within a formulary (including a structure that ; and (B) by inserting , or provides for different co-payment or coinsurance amounts for drugs in different tiers included within the formulary) before , a part D eligible individual ; (2) in the second sentence, by inserting in any plan formulary before could be covered ; and (3) by inserting the following before the last sentence: In no case may the Secretary allow a PDP sponsor to make any formulary tier of the tiered cost-sharing structure (including a formulary tier used for very high cost or unique items) ineligible for lower-cost sharing through an exception under this paragraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2827ih/xml/BILLS-113hr2827ih.xml

113-hr-2828

I 113th CONGRESS 1st Session H. R. 2828 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles XI and XVIII of the Social Security Act to prevent fraud and abuse under the Medicare program and to require National Provider Identifiers for reimbursement of prescriptions under part D of the Medicare program, and for other purposes. 1. Short title This Act may be cited as the Medicare Abuse Prevention Act of 2013 or the MAP Act of 2013 . 2. Increased civil and criminal penalties (a) Increased civil money penalties and criminal fines for Federal health care program fraud and abuse (1) Increased civil money penalties Section 1128A of the Social Security Act (42 U.S.C. 1320a–7a) is amended— (A) in subsection (a), in the matter following paragraph (10)— (i) by striking $10,000 and inserting $20,000 each place it appears; (ii) by striking $15,000 and inserting $30,000 ; and (iii) by striking $50,000 and inserting $100,000 each place it appears; and (B) in subsection (b)— (i) in paragraph (1), in the flush text following subparagraph (B), by striking $2,000 and inserting $4,000 ; (ii) in paragraph (2), by striking $2,000 and inserting $4,000 ; and (iii) in paragraph (3)(A)(i), by striking $5,000 and inserting $10,000 . (2) Increased criminal fines Section 1128B of such Act ( 42 U.S.C. 1320a–7b ) is amended— (A) in subsection (a), in the matter following paragraph (6)— (i) by striking $25,000 and inserting $100,000 ; and (ii) by striking $10,000 and inserting $20,000 ; (B) in subsection (b)— (i) in paragraph (1), in the flush text following subparagraph (B), by striking $25,000 and inserting $100,000 ; and (ii) in paragraph (2), in the flush text following subparagraph (B), by striking $25,000 and inserting $100,000 ; (C) in subsection (c), by striking $25,000 and inserting $100,000 ; (D) in subsection (d), in the flush text following paragraph (2), by striking $25,000 and inserting $100,000 ; and (E) in subsection (e), by striking $2,000 and inserting $4,000 . (b) Increased sentences for felonies involving Federal health care program fraud and abuse (1) False statements and representations Section 1128B(a) of the Social Security Act (42 U.S.C. 1320a–7b(a)) is amended, in the matter following paragraph (6), by striking not more than five years or both, or (ii) and inserting not more than 10 years or both, or (ii) . (2) Antikickback Section 1128B(b) of such Act (42 U.S.C. 1320a–7b(b)) is amended— (A) in paragraph (1), in the flush text following subparagraph (B), by striking not more than five years and inserting not more than 10 years ; and (B) in paragraph (2), in the flush text following subparagraph (B), by striking not more than five years and inserting not more than 10 years . (3) False statement or representation with respect to conditions or operations of facilities Section 1128B(c) of such Act (42 U.S.C. 1320a–7b(c)) is amended by striking not more than five years and inserting not more than 10 years . (4) Excess charges Section 1128B(d) of such Act (42 U.S.C. 1320a–7b(d)) is amended, in the flush text following paragraph (2), by striking not more than five years and inserting not more than 10 years . (c) Effective date The amendments made by this section shall apply to acts committed after the date of the enactment of this Act. 3. Annual Medicare, Medicaid, and CHIP fraud reports (a) In general By not later than July 1, 2014, and each subsequent year, the Secretary of Health and Human Services shall submit to the Committees on Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report that contains the following: (1) Amount of fraud The amount, as estimated by the Secretary— (A) of total suspected fraud committed against the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and the Children’s Health Insurance Program under title XXI of such Act; and (B) the amount of such suspected fraud that is committed by employees of the Department of Health and Human Services who have access to data from any of the programs under subparagraph (A) . (2) Data access implementation Information on implementation of the data access requirement under section 1128J(a)(2) of the Social Security Act (42 U.S.C. 1320a–7k(a)(2)). (b) Use of audits (1) Estimate based on audited claims The Secretary shall base the estimate of suspected fraud under subsection (a)(1)(A) on an audit of a random sample of at least 10,000 claims for payment made under the programs under title XVIII, XIX, or XXI of the Social Security Act. (2) Authority of the Secretary For purposes of conducting the audits under paragraph (1) , the Secretary may— (A) request that a health care provider or supplier submit documentation relating to the claim being audited and review such documentation; (B) conduct unannounced onsite visits; and (C) interview patients. (3) Submission of information Not later than 30 days after receiving a request for documentation under paragraph (2)(A) , the health care provider or supplier shall provide to the Secretary all requested documentation related to such claim. (4) Internal audit The Secretary shall base the estimate of suspected fraud committed by employees of the Department of Health and Human Services under subsection (a)(1)(B) on an internal audit. (c) Fraud defined In this section, the term fraud has the meaning given such term in section 455.2 of title 42, Code of Federal Regulations. 4. Protecting predictive analytics technologies from compelled disclosure under the Freedom of Information Act Section 4241 of the Small Business Jobs Act of 2010 ( 42 U.S.C. 1320a–7m ) is amended by adding at the end the following: (j) Exemption from FOIA The algorithms used in predictive modeling and other analytics technologies under this section are exempt from disclosure under section 552(b)(3) of title 5, United States Code. (k) Audit and review The Inspector General of the Department of Health and Human Services and the Comptroller General of the United States shall, beginning on January 1, 2015, and annually thereafter, complete an audit and review of the implementation of this section, including the effectiveness of the algorithms used in predictive modeling and other analytics technologies under this section. . 5. Requiring valid National Provider Identifiers for prescribers on pharmacy claims and limiting access to the National Provider Identifier registry (a) Requiring valid National Provider Identifiers of prescribers on pharmacy claims (1) In general Section 1860D–2(e)(2) of the Social Security Act (42 U.S.C. 1395w–102(e)(2)) is amended by adding at the end the following new subparagraph: (C) Drugs prescribed by nonvalid prescribers For plan years that begin on or after January 1, 2015, such term does not include a drug prescribed by an individual who does not have a valid National Provider Identifier, as determined through procedures established by the Secretary. . (2) Identifying and reporting invalid prescribers (A) Transfer of information to the Inspector general In the case that the procedures established by the Secretary of Health and Human Services under section 1860D–2(e)(2) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(2) ) result in a PDP sponsor identifying a claim for reimbursement under a prescription drug plan under part D of title XVIII of such Act as being for a drug that was prescribed by an individual who did not have a valid National Provider Identifier, the PDP sponsor shall submit to the Inspector General of the Department of Health and Human Services any information on such invalid prescribers on pharmacy claims, including any invalid national provider identifiers being used to submit such claims and any records related to such claims. (B) Responsibility of the Inspector General The Inspector General of the Department of Health and Human Services shall provide to the appropriate law enforcement agencies information submitted under subparagraph (A) . (C) Report to Congress Not later than January 1, 2016, the Inspector General of the Department of Health and Human Services shall submit to Congress a report on the effectiveness of the procedures established under section 1860D–2(e)(2)(C) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(2)(C) ). (b) Limiting access to National Provider Identifier registry (1) In general The Secretary of Health and Human Services, in consultation with the Attorney General, the Inspector General of the Department of Health and Human Services, the Chairman of the Federal Trade Commission, and affected parties (including prescription drug plans under part D of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–101 et seq. ), MA–PD plans under part C of title XVIII of the Social Security Act ( 42 U.S.C. 1395w–21 et seq. ), pharmacies, physicians, and pharmacy computer vendors), shall establish procedures and rules to restrict access to the National Provider Identifier Registry in order to deter the fraudulent use of National Provider Identifiers for purposes of making claims under titles XVIII and XIX of the Social Security Act. (2) Access (A) In general The procedures established under paragraph (1) shall provide governmental and nongovernmental entities with appropriate (as determined by the Secretary) access to the National Provider Identifier Registry. (B) Data use agreements In order to receive such access, each such governmental and nongovernmental entity shall enter into a data use agreement with the Secretary and agree to use the data in such registry in accordance with rules established by the Secretary pursuant such paragraph. 6. Encouraging the establishment of State prescription drug monitoring programs (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended by adding at the end the following: (ee) Incentives for States To identify fraud through State prescription drug monitoring programs (1) In general With respect to a calendar quarter, the Federal medical assistance percentage for the amounts under clauses (i) and (II) of subparagraph (C) shall be decreased by 10 percent for such quarter, if— (A) a State is receiving a grant for a State controlled substance monitoring program under section 399O of the Public Health Service Act (or the Secretary determines that the State meets the requirements for such a grant); (B) through such program, the State identifies fraud, waste, or abuse in connection the provision of prescription drug coverage under the State plan; and (C) the State or a political subdivision of the State— (i) is reimbursed an amount by a third party (pursuant to the provisions of the State plan in compliance with section 1902(a)(25)) for expenditures related to such fraud, waste, or abuse; or (ii) recovered (as such term is used under section 1903(d)(3)(A)) an amount. (2) Use of funds A State may use the amounts received as a result of the increased Federal medical assistance percentage under paragraph (1) to support the State controlled substance monitoring program established by the State. . (b) Conforming amendments Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended by striking Subject to subsections (y), (z), and (aa) and inserting Subject to subsections (y), (z), (aa), and (ee) . (c) Effective date The amendments made by this subsection shall apply to calendar quarters beginning on or after the end of the 30-day period after the date of the enactment of this Act. 7. Prohibiting the display of Social Security account numbers on newly issued Medicare identification cards and communications provided to Medicare beneficiaries (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the Secretary ), acting in consultation with the Commissioner of Social Security, shall establish and implement procedures to eliminate the unnecessary collection, use, and display of Social Security account numbers of Medicare beneficiaries under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (b) Newly issued medicare cards and communications provided to beneficiaries Not later than 4 years after the date of the enactment of this Act, the Secretary shall do the following: (1) Newly issued cards Acting in consultation with the Commissioner of Social Security, ensure that each newly issued Medicare identification card does not display or electronically store, in an unencrypted format, a Medicare beneficiary’s Social Security account number, except— (A) if the health insurance claim number of a beneficiary is the Social Security number of the beneficiary, the beneficiary's spouse, or another individual, the Secretary may use such number on such card; and (B) if the Secretary determines that the risk of fraudulent use of such numbers is not unacceptably high, the Secretary may use a partial Social Security account number on a Medicare identification card. (2) Communications provided to beneficiaries Prohibit the display of a Medicare beneficiary’s Social Security account number in any written or electronic communication provided to the beneficiary unless the Secretary, in consultation with the Commissioner of Social Security, determines that inclusion of Social Security account numbers in such communications is essential for the operation of the Medicare program. (c) Medicare beneficiary defined In this section, the term Medicare beneficiary means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title. (d) Conforming amendments (1) Reference in the Social Security Act Section 205(c)(2)(C) of the Social Security Act ( 42 U.S.C. 405(c)(2)(C) ) is amended— (A) by moving clause (x), as added by section 1414(a)(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), 6 ems to the left; (B) by redesignating clause (x), as added by section 2(a)(1) of the Social Security Number Protection Act of 2010 ( 42 U.S.C. 1305 note), as clause (xii); and (C) by adding after clause (xii), as redesignated by subparagraph (B), the following new clause: (xiii) Subject to section 7 of the Medicare Abuse Prevention Act of 2013, social security account numbers shall not be displayed on Medicare identification cards or on communications provided to Medicare beneficiaries. . (2) Access to information Section 205(r) of the Social Security Act (405 U.S.C. 405(r)) is amended by adding at the end the following new paragraph: (10) (A) To prevent and identify fraudulent activity— (i) the Attorney General or the Secretary of Health and Human Services may submit to the Commissioner a request that the Commissioner enter into an agreement under this paragraph; and (ii) subject to the requirements of subparagraphs (A) and (B) of paragraph (3), upon receiving a request under subparagraph (A), the Commissioner shall enter into a reimbursable agreement with the individual making such request to provide to such individual the information collected under paragraph (1). (B) The agreement under subparagraph (A)(ii) shall contain appropriate provisions (as determined by the Commissioner) to protect the confidentiality of information provided by the Commissioner under such agreement. . (e) Pilot program (1) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a pilot program utilizing smart card technology to evaluate— (A) the applicability of smart card technology to the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ); and (B) whether such cards would be effective in preventing fraud under the Medicare program. (2) Scope and duration The Secretary shall conduct the pilot program— (A) in not less than 2 States; and (B) for a period of not less than 180 days and not more than 2 years. (3) Report Not later than 12 months after the completion of the pilot program under this subsection, the Secretary shall submit to the appropriate committees of Congress and make available to the public a report that includes the following: (A) A summary of the pilot program and findings resulting from such program, including— (i) any costs or savings to the Medicare program as a result of the implementation of the pilot program; (ii) whether the use of smart card technology resulted in improvements in the quality of care provided to Medicare beneficiaries under the pilot program; and (iii) whether such technology was useful in preventing or detecting fraud, waste, and abuse in the Medicare program. (B) Recommendations regarding whether the use of smart card technology should be expanded under the Medicare program. (4) Definitions In this subsection: (A) Medicare beneficiary The term Medicare beneficiary means an individual entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) or enrolled for benefits under part B of such title ( 42 U.S.C. 1395j et seq. ). (B) Medicare provider The term Medicare provider means— (i) a provider of services (as defined in section 1861(u) of the Social Security Act ( 42 U.S.C. 1395x(u) )); or (ii) a supplier (as defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))). (C) Smart card The term smart card means an identification card used by a Medicare beneficiary or a Medicare provider that includes antifraud attributes. Such a card— (i) may rely on existing commercial data transfer networks or on a network of proprietary card readers or databases; and (ii) may include— (I) cards using technology adapted from the financial services industry; (II) cards containing individual biometric identification, provided that such identification is encrypted and not contained in any central database; (III) cards adapting technology and processes utilized in the TRICARE program under chapter 55 of title 10, United States Code, or by the Veterans’ Administration; or (IV) such other technology as the Secretary determines appropriate. 8. Improving claims processing and detection of fraud within the Medicaid and CHIP programs (a) Medicaid Section 1903(i) of the Social Security Act ( 42 U.S.C. 1396b(i) ) is amended— (1) in paragraph (25), by striking or at the end; (2) in paragraph (26), by striking the period and inserting ; or ; and (3) by inserting after paragraph (26) the following paragraph: (27) with respect to any amount expended for an item or service unless the claim for payment for such item or service contains— (A) a valid beneficiary identification number for the individual to whom such item or service was furnished, and the State has determined that such number corresponds to an individual who is enrolled under the State plan or an applicable waiver of a requirement of such plan; and (B) a valid provider identifier for the provider who furnished such item or service, and the State has determined that such identifier corresponds to a provider that is eligible to receive payment for furnishing such item or service under the State plan or an applicable waiver of a requirement of such plan. . (b) CHIP Section 2107(e)(1)(I) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(I) ) is amended by striking and (17) and inserting (17), and (27) .

https://www.govinfo.gov/content/pkg/BILLS-113hr2828ih/xml/BILLS-113hr2828ih.xml

113-hr-2829

I 113th CONGRESS 1st Session H. R. 2829 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Culberson (for himself and Mr. Rokita ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the National Voter Registration Act of 1993 to require an applicant for voter registration for elections for Federal office to affirmatively state that the applicant meets the eligibility requirements for voting in such elections as a condition of completing the application, to require States to verify that an applicant for registering to vote in such elections meets the eligibility requirements for voting in such elections prior to registering the applicant to vote, and for other purposes. 1. Short title This Act may be cited as the Restoring Important Voter Eligibility Requirements to States Act of 2013 . 2. Findings; purpose (a) Findings Congress finds as follows: (1) Congress enacted the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. ) to promote the rights of citizens of the United States to exercise the fundamental right to vote, as set forth in the findings of such Act (42 U.S.C. 1973gg(a)). (2) While the purposes of such Act ( 42 U.S.C. 1973gg(b) ) include increasing voter registration and voter participation in elections for Federal office, the language does not refer to individuals in general but refers exclusively to eligible citizens of the United States . (3) An additional purpose of such Act is to protect the integrity of the electoral process ( 42 U.S.C. 1973gg(b)(3) ). (4) Individuals who do not meet the eligibility requirements for voting in elections for Federal office, including individuals who are not citizens of the United States, have been permitted to register to vote in such elections and are presumably casting ballots in such elections. (5) The participation of ineligible voters in elections for Federal office is in direct conflict with the intent of Congress in enacting the National Voter Registration Act of 1993 and with the purpose of such Act. (b) Purpose It is the purpose of this Act to ensure that the procedures for registering individuals to vote in elections for Federal office are consistent with the purposes of the National Voter Registration Act of 1993. 3. Expanded requirements for contents of voter registration application forms (a) Requiring affirmative statement that applicant meets eligibility requirements as condition of acceptance (1) Forms provided with application for motor vehicle driver’s license Section 5(c)(2)(C)(ii) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(c)(2)(C)(ii) ) is amended to read as follows: (ii) the applicant must state affirmatively that the applicant meets each such requirement as a condition of the acceptance of the application; and . (2) Forms provided by other voter registration agencies Section 7(a)(6)(A)(i)(II) of such Act ( 42 U.S.C. 1973gg–5(a)(6)(A)(i)(II) ) is amended to read as follows: (II) the applicant must state affirmatively that the applicant meets each such requirement as a condition of the acceptance of the application; and . (3) Mail registration forms Section 303(b)(4)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(4)(A) ) is amended— (A) by redesignating clause (iv) as clause (v); and (B) by inserting after clause (iii) the following new clause: (iv) The statement If you do not check yes in response to both of these questions, your application will not be accepted. . . (b) Inclusion of Statement Specifying Penalty for Perjury (1) Forms provided with application for motor vehicle driver’s license Section 5(c)(2)(D) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(c)(2)(D) ) is amended— (A) by striking and at the end of clause (ii); and (B) by adding at the end the following new clause: (iv) a statement that an applicant who knowingly provides false information in the application commits perjury, as well as a description of the specific fine and term of imprisonment that may be imposed on an applicant who commits perjury by providing such false information; and . (2) Forms provided by other voter registration agencies Section 7(a)(6)(A)(i) of such Act ( 42 U.S.C. 1973gg–5(a)(6)(A)(i) ) is amended— (A) by striking and at the end of subclause (II); (B) by striking or at the end of subclause (III) and inserting and ; and (C) by adding at the end the following new subclause: (IV) describes how an applicant who knowingly provides false information in the application commits perjury, as well as a description of the specific fine and term of imprisonment that may be imposed on an applicant who commits perjury by providing such false information; or . (3) Mail registration forms Section 303(b)(4)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(4)(A) ), as amended by subsection (a)(3), is amended— (A) by redesignating clause (v) as clause (vi); and (B) by inserting after clause (iv) the following new clause: (v) A statement informing the individual that an individual who knowingly provides a false answer to either of these questions commits perjury, as well as a description of the specific fine and term of imprisonment that may be imposed on an individual who commits perjury by providing such a false answer. . (4) Rule of construction Nothing in the amendments made by this subsection shall be construed to prohibit the Election Assistance Commission or any State or local election official from including on a voter registration form any information regarding any of the sanctions that may be imposed upon an individual as a result of information the individual provides on the form. 4. Verification of information provided by applicants for voter registration (a) Requiring States To verify information Section 8 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following new subsection: (j) Verification of Information Provided by Applicants (1) Verification required A State may not register an individual to vote in elections for Federal office in the State, including an individual who submits the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), unless the State verifies that the information provided by the individual in the individual’s application for voter registration is correct. (2) Methods of verification For purposes of paragraph (1), a State may verify the information provided by an applicant for voter registration through such methods as the State considers appropriate, including requiring the applicant to provide (at the time of submitting a voter registration application with an application for a motor vehicle driver’s license under section 5 or at the time of submitting any other application form under this Act) documentary evidence that the applicant meets the eligibility requirements for voting in elections for Federal office in the State, including the requirement that the applicant is a United States citizen. . (b) Requiring Federal Officials To Provide Information (1) In general Section 9 of the National Voter Registration Act (42 U.S.C. 1973gg–7) is amended by adding at the end the following new subsection: (c) Assisting Election Officials With Verification of Applicant Information (1) Requiring agreements upon request At the request of the chief State election official, the head of an office of the Federal government shall enter into an agreement with the official for the purpose of enabling the official to verify information regarding the eligibility of an applicant for voter registration in the State to vote in elections for Federal office in the State. (2) Deadline for entering into agreement The head of an office of the Federal government who receives a request from a chief State election official to enter into an agreement under paragraph (1) shall enter into such an agreement with the official not later than 30 days after receiving the request. (3) No effect on other requirements Nothing in paragraph (1) shall be construed to affect the requirements of section 8(g) (relating to information provided by a United States attorney regarding offenders) or section 205(r) of the Social Security Act (relating to agreements with the Commissioner of Social Security for the purpose of verifying certain information). . (2) Clarification of information provided by Commissioner of Social Security under existing authority Section 205(r)(8)(D)(i)(I) of the Social Security Act ( 42 U.S.C. 405(r)(8)(D)(i)(I) ) is amended by striking the date of birth and inserting the location and date of birth . 5. Effective date The amendments made by this Act shall apply with respect to elections occurring after the expiration of the 1-year period which begins on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2829ih/xml/BILLS-113hr2829ih.xml

113-hr-2830

I 113th CONGRESS 1st Session H. R. 2830 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. McCaul introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit assistance to foreign countries whose governments hold more than $500,000,000,000 in United States Treasury securities, and for other purposes. 1. Short title This Act may be cited as the Prioritizing Debt Reduction in U.S. Foreign Assistance Act of 2013 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Budget of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives. (2) Major foreign debt holder The term major foreign debt holder means any foreign country the government of which the Secretary of the Treasury determines holds more than $500,000,000,000 in United States Treasury securities. (3) United States Treasury securities The term United States Treasury securities means obligations issued by the United States under chapter 31 of title 31, United States Code. 3. Findings Congress makes the following findings: (1) The Federal debt of the United States is approximately $17 trillion. (2) Former Joint Chiefs of Staff Chairman, Admiral Mike Mullen, has repeatedly stated that the biggest threat to the national security of the United States is its debt. (3) A growing proportion of the Federal debt of the United States is held by foreign governments, to some of which the United States provides direct foreign assistance. (4) According to a Department of the Treasury report entitled Major Foreign Holders of Treasury Securities , foreign holdings of United States Treasury securities stood at more than $4 trillion at the end of December 2012. (5) In August 2011, Standard and Poor’s downgraded the United States long-term sovereign credit from AAA to AA+ due to America’s excessive borrowing and unsustainable spending levels. 4. Sense of Congress It is the sense of Congress that— (1) the growing Federal debt of the United States jeopardizes the national security and economic stability of the United States; and (2) paying money owed to America’s major foreign debt holders is a better use of American taxpayer dollars than providing such debt holders with United States foreign assistance. 5. Statement of policy It shall be the policy of the United States to— (1) prohibit further United States foreign assistance to major foreign debt holders; and (2) aggressively address the unsustainable Federal debt of the United States. 6. Prohibition on assistance to major foreign debt holders Chapter 1 of part III of the Foreign Assistance Act of 1961 is amended by adding at the end the following new section: 620N. Prohibition on assistance to major foreign debt holders (a) Prohibition Except as provided in subsection (b), no assistance may be provided directly or indirectly under this Act to any foreign country the government of which the Secretary of the Treasury determines holds more than $500,000,000,000 in United States Treasury securities. (b) Exceptions Subsection (a) shall not apply with respect to the following: (1) Assistance to respond to an emergency. (2) Assistance to meet humanitarian needs, including needs for food, medicine, medical supplies and equipment, education, and clothing. (c) Waiver The Secretary of State may waive the prohibition under subsection (a) if the Secretary submits to the appropriate congressional committees a written certification that the waiver is in the national security interests of the United States. (d) Definitions In this section— (1) the term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the Budget of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Committee on the Budget of the House of Representatives; and (2) the term United States Treasury securities means obligations issued by the United States under chapter 31 of title 31, United States Code. . 7. Report on assistance to foreign debt holders (a) Annual report Not later than September 30 of each year, the Secretary of State shall submit to the appropriate congressional committees a report on the provision of United States foreign assistance to foreign countries whose governments hold United States Treasury securities. (b) Content of report Each report submitted under this section shall include the following: (1) An analysis of the current and foreseeable risks to the long-term national security and economic stability of the United States posed by the Federal debt of the United States. (2) How much foreign assistance per country, per year, has been provided to foreign countries whose governments hold United States Treasury securities. (c) Form Each report submitted under this section shall be submitted in unclassified form, but may contain a classified annex if necessary. (d) Public availability The Secretary of State shall make each report required by subsection (a) available, in its unclassified form, to the public by posting it on the Internet website of the Department of State in a conspicuous manner and location.

https://www.govinfo.gov/content/pkg/BILLS-113hr2830ih/xml/BILLS-113hr2830ih.xml

113-hr-2831

I 113th CONGRESS 1st Session H. R. 2831 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Ms. DeLauro (for herself, Ms. Lee of California , Mr. DeFazio , Mr. Clay , and Mr. Grijalva ) 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 deny any deduction for marketing directed at children to promote the consumption of food of poor nutritional quality. 1. Denial of deduction for marketing directed at children to promote food of poor nutritional quality (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section: 280I. Denial of deduction for marketing directed at children to promote food of poor nutritional quality (a) In general No deduction shall be allowed under this chapter with respect to— (1) any marketing directed at children for purposes of promoting the consumption by children of food of poor nutritional quality, and (2) any of the following which are incurred or provided primarily for purposes described in paragraph (1): (A) Travel expenses (including meals and lodging). (B) Goods or services of a type generally considered to constitute entertainment, amusement, or recreation or the use of a facility in connection with providing such goods and services. (C) Gifts. (D) Other promotion expenses. (b) Food of poor nutritional quality For purposes of this section, the term food of poor nutritional quality means food and beverages that are determined by the Secretary (in consultation with the Secretary of Health and Human Services and the Federal Trade Commission) to be inconsistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341). (c) Marketing For purposes of this section, the term marketing means all product and brand advertising and promotional techniques directed at children, including— (1) advertising (including product placement) on television and radio, in print media, in social media, and on the Internet (including third-party and company-sponsored websites), (2) product packaging and labeling, (3) advertising preceding a movie shown in a movie theater or placed on a video (DVD or VHS) or within a video game or mobile application, (4) promotional content transmitted to personal computers and other digital or mobile devices, (5) advertising displays and promotions at the retail site, (6) specialty or premium items distributed in connection with the sale of a product or a product loyalty program, (7) promotion character licensing, toy co-branding and cross-promotions, (8) celebrity endorsements, and (9) in-school marketing. For purposes of the preceding sentence, the term directed at includes the use of measured media if the audience for such media will consist of 35 percent or more of children. (d) Child For purposes of this section, the term child means an individual who is age 17 or under. (e) Regulations The Secretary shall (in consultation with the Secretary of Health and Human Services and the Federal Trade Commission) prescribe such regulations as may be necessary to carry out the purposes of this section. . (b) Clerical amendment The table of sections for such part IX is amended by adding at the end the following new item: Sec. 280I. Denial of deduction for marketing directed at children to promote food of poor nutritional quality. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr2831ih/xml/BILLS-113hr2831ih.xml

113-hr-2832

I 113th CONGRESS 1st Session H. R. 2832 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Gardner (for himself and Mr. Polis ) 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 facilitate program-related investments by private foundations. 1. Short title; table of contents (a) Short title This Act may be cited as the Philanthropic Facilitation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Facilitation of program-related investments. Sec. 3. Declaratory judgment remedy. Sec. 4. Information returns. Sec. 5. Publicity of information. Sec. 6. Conforming amendments. Sec. 7. Regulations. Sec. 8. Effective date. 2. Facilitation of program-related investments Subsection (c) of section 4944 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Program related investments (1) Treatment of program related investments For purposes of this subchapter, program-related investments— (A) are not investments which jeopardize the carrying out of one or more purposes described in section 170(c)(2)(B), (B) are not business holdings under section 4943, and (C) may be qualifying distributions under section 4942. (2) Program-related investments defined (A) In general For purposes of this subchapter and chapter 61, an investment made by a private foundation constitutes a program-related investment if— (i) the primary purpose of the investment is to accomplish one or more of the purposes described in section 170(c)(2)(B), (ii) no significant purpose of the investment is the production of income or the appreciation of property, and (iii) no purpose of the investment is to accomplish one or more of the purposes described in section 170(c)(2)(D). (B) Special rules For purposes of subparagraph (A)— (i) determinations of whether an investment qualifies as a program-related investment shall be based on consideration of all relevant facts and circumstances, and (ii) the fact that the entity produces significant income or capital appreciation shall not, in the absence of other factors, be conclusive evidence of a significant purpose involving the production of income or the appreciation of property. (3) Safe harbor determinations The Secretary shall establish a procedure which shall be substantially similar to the processes for recognition of exemption under section 501(a) or 4945(g) and under which an entity seeking to receive program-related investments may petition the Secretary for a determination that, based on consideration of all relevant facts and circumstances, investments by private foundations in such entity will be program-related investments meeting the requirements of paragraph (2). Under this procedure, the Secretary shall rule on all requests within 120 days of submission. (4) Effect of determination Once a determination has been made that investments in an entity qualify as program-related investments, organizations making such investments shall be entitled to rely on the determination, unless and until the Secretary publishes notice of revocation of the determination. (5) Voluntary nature of process Entities seeking program-related investments are not required to seek a determination under paragraph (3), and the absence of such a determination shall not affect the ability of a private foundation to make a program-related investment based on its own determination that the investment qualifies as a program-related investment. (6) Organizations treated as private foundations For purposes of this subsection and section 6104A, all references to private foundations include organizations that are treated as private foundations under any of the provisions of sections 4940 through 4948, inclusive, whether created under state law or the law of any federally-recognized tribe. . 3. Declaratory judgment remedy Paragraph (1) of section 7428(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (C) and by adding after subparagraph (D) the following new subparagraph: (E) with respect to whether investments in an entity are program-related investments (as described in section 4944(c)(2)), or . 4. Information returns Part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6033 the following new section: 6033A. Information reporting by for-profit organizations receiving program-related investments (a) Organizations required To file If investments in an entity have been determined to be program-related investments through a determination of the Internal Revenue Service pursuant to section 4944(c)(3) or by a determination of a court pursuant to section 7428(a), the entity shall, in addition to any other applicable filing obligations, file an annual return providing the information specified in subsection (b) for any taxable year in which it receives or retains one or more program-related investments (as defined in section 4944(c)(2)). (b) Required reporting The return described in subsection (a) shall provide, in such manner and at such time as the Secretary may by forms or regulations prescribe, the following information— (1) the organization’s gross income for the year, (2) its expenses attributable to such income incurred within the year, (3) its disbursements within the year for one or more purposes described in section 170(c)(2)(B), together with a narrative statement describing the results obtained from the use of those assets for such one or more purposes described in section 170(c)(2)(B), (4) a balance sheet showing its assets, liabilities, and net worth as of the beginning and end of such year, (5) the names and addresses of all private foundations holding program-related investments in the organization, (6) a statement of the portion of its liabilities and net worth that represent capitalization obtained by means of program-related investments as of the beginning and end of such year, (7) a statement of any interest, dividends, or other distributions paid with respect to any program-related investments during the year, and (8) such other information as may be necessary for the return described in subsection (a) to satisfy the annual financial reporting required by the expenditure responsibility rules pursuant to the regulations under section 4945 or as the Secretary may by forms or regulations prescribe. . 5. Publicity of information Subchapter B of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6104 the following new section: 6104A. Publicity of information regarding organizations receiving program-related investments (a) Inspection of petitions for determination of program-Related investment status If an entity seeks a determination pursuant to section 4944(c)(3) that investments by private foundations in such organization will be program-related investments, the petition seeking such a determination, together with any documents submitted in support of such petition and any determination or other document issued by the Internal Revenue Service with respect to such petition, shall be open to public inspection at the national office of the Internal Revenue Service. (b) Inspection of annual information returns The information required to be furnished by section 6033A, together with the names and addresses of such entity, shall be made available to the public at such times and in such places as the Secretary may prescribe. (c) Public inspection of petitions and annual information returns Any entity that receives a determination from the Internal Revenue Service that private foundation investments shall be program-related investments pursuant to section 4944(c)(3) shall make copies available at the organization’s principal office, during regular business hours, of the petition for such determination (together with supporting materials provided with the petition and documents issued by the Internal Revenue Service with respect to such petition), as well as the annual returns required by section 6033A filed by such organization. Upon request of an individual made at such principal office, copies of such petition materials and annual reports shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs. The inspection and duplication rights granted in this subsection shall apply to an annual return only during the three-year period beginning on the last day prescribed for filing such return (determined with regard to any extension of time for filing). (d) Limitation on providing copies Paragraph (c) shall not apply to any request if, in accordance with regulations promulgated by the Secretary, the entity has made the requested documents widely available, or the Secretary determines, upon application by an entity, that such request is part of a harassment campaign and that compliance with such request is not in the public interest. . 6. Conforming amendments (a) Conforming change to section 501( n ) Paragraph (4)(A) of section 501(n) of the Internal Revenue Code of 1986 is amended by inserting paragraph (2) of before section 4944(c). (b) Conforming change to section 514( b ) Paragraph (1) of section 514(b) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F) and by inserting after subparagraph (C) the following new subparagraph: (D) any property owned or treated as owned by a private foundation by virtue of its having made an investment in an entity that has received a determination from the Internal Revenue Service pursuant to section 4944(c)(3), or by a court pursuant to section 7428(a), that such investments in such entity qualify as program-related investments; . (c) Conforming change to section 4943( d ) Paragraph (3) of section 4943(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) any program-related investment, as defined in section 4944(c)(2), or . 7. Regulations The Secretary of the Treasury shall, not later than 1 year after the date of the enactment of this Act, amend any applicable regulations as may be necessary or appropriate to implement any amendments contained in this Act or to carry out the purposes of this Act, including providing additional examples of qualifying program-related investments. 8. Effective date The amendments made by this Act shall apply to investments made after the date of the enactment of this Act in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr2832ih/xml/BILLS-113hr2832ih.xml

113-hr-2833

I 113th CONGRESS 1st Session H. R. 2833 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Gingrey of Georgia (for himself, Mr. Burgess , Mr. Harris , Mr. DesJarlais , Mr. Cassidy , Mr. Roe of Tennessee , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act so as to eliminate the authority of the Secretary of Health and Human Services to limit the ability of medical providers to conduct lawful business, and for other purposes. 1. Short title This Act may be cited as the Safeguarding Care Of Patients Everywhere Act or the SCOPE Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) The practice of medicine is guided by a set of principles contained in the Hippocratic oath, which in part directs medical practitioners to “remember that I do not treat a fever chart, a cancerous growth, but a sick human being”. (2) Historically, the practice of medicine has been principally governed by the laws of each of the 50 States, not the Federal Government. (3) State medical licensing and disciplinary boards administer medical practice laws and have the principal responsibility to protect the public from improper and unlawful medical practices. (4) Such boards define activities that constitute the legitimate practice of medicine. (5) The actions of the Secretary of Health and Human Services are not governed by the Hippocratic oath or a medical board of any of the 50 States. (6) The actions of the Secretary are not determined solely by the needs of patients. (7) Individual and institutional financial interests can influence the discretion and actions of the Secretary. (8) The Patient Protection and Affordable Care Act, in subsection (h) of section 1311 ( 42 U.S.C. 18031 ), grants the Secretary the authority to— (A) make findings regarding the quality of medical care and the activities that constitute the legitimate practice of medicine; and (B) on the basis of these findings, terminate or limit the ability of medical providers to conduct lawful business, thus restricting the practice of medicine by curtailing economic activity. (b) Purpose The purpose of this Act is to remove from the Secretary such improper authority, which presents a threat to the health and welfare of patients in the United States. 3. Repeal of restrictions on the professional practice of physicians and other health care providers entering into contracts with health plans Section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ) is amended by striking subsection (h), relating to the authority of the Secretary of Health and Human Services to regulate contracts between qualified health plans and health care providers based on findings of health care quality.

https://www.govinfo.gov/content/pkg/BILLS-113hr2833ih/xml/BILLS-113hr2833ih.xml

113-hr-2834

I 113th CONGRESS 1st Session H. R. 2834 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Holt introduced the following bill; which was referred to the Committee on the Judiciary A BILL To include under Federal laws granting rights and responsibilities to married couples other couples in other legal unions similar to marriage, including domestic partnerships and civil unions. 1. Short title This Act may be cited as the Federal Benefits Equality Act . 2. Definition of marriage (a) In general Section 7 of title 1, United States Code, is amended to read as follows— 7. Marriage as including civil unions and domestic partnerships; spouse as including members of such unions In determining the meaning of any Act of Congress, the term marriage includes a marriage, a domestic partnership, a civil union, or any other similar legal union between 2 individuals that is recognized by a State, the District of Columbia, a territory or possession of the United States, or a federally recognized Indian tribe, and the word spouse refers to either member of such a legal union. . (b) Clerical amendment The item for section 7 in the table of sections at the beginning of chapter 1 is amended to read as follows: 7. Marriage as including civil unions and domestic parnerships; spouse as including members of such legal unions. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2834ih/xml/BILLS-113hr2834ih.xml

113-hr-2835

I 113th CONGRESS 1st Session H. R. 2835 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Ms. Jenkins (for herself, Mr. Barrow of Georgia , Mr. McKinley , Mr. Gerlach , Mr. Brady of Texas , Mr. Johnson of Ohio , and Mr. Harris ) 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 amendments made by the Patient Protection and Affordable Care Act which disqualify expenses for over-the-counter drugs under health savings accounts and health flexible spending arrangements. 1. Short title This Act may be cited as the Restoring Access to Medication Act of 2013 . 2. Repeal of disqualification of expenses for over-the-counter drugs under certain accounts and arrangements (a) HSAs Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b) Archer MSAs Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence. (c) Health flexible spending arrangements and health reimbursement arrangements Section 106 of such Code is amended by striking subsection (f). (d) Effective date The amendments made by this section shall apply to expenses incurred after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2835ih/xml/BILLS-113hr2835ih.xml

113-hr-2836

I 113th CONGRESS 1st Session H. R. 2836 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. King of New York (for himself, Mr. Lynch , Mr. Engel , Mr. McGovern , Mr. Neal , Mr. Bishop of New York , and Mr. Kennedy ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To strengthen the enforcement of background checks with respect to the use of explosive materials. 1. Short title This Act may be cited as the Explosive Materials Background Check Act . 2. Explosive materials background checks (a) Amendments to title 18 Chapter 40 of title 18, United States Code, is amended— (1) in section 841— (A) in subsection (d), by inserting smokeless powder and black powder substitutes, after black powder, ; and (B) in subsection (h), by striking the business of ; (2) in section 842— (A) in subsection (d)— (i) in paragraph (9), by striking the period and inserting a semicolon; and (ii) inserting at the end the following: (10) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; (11) has been convicted in any court of a misdemeanor crime of domestic violence; or (12) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title. ; and (B) in subsection (i)— (i) in paragraph (7), by inserting a semicolon after person ; and (ii) inserting at the end the following: (8) is subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, except that this paragraph shall only apply to a court order that— (A) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and (B) (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; (9) has been convicted in any court of a misdemeanor crime of domestic violence; or (10) has received actual notice of the Attorney General's determination made pursuant to subsection (d)(1)(B) or (j) of section 843 of this title. ; (3) in section 843— (A) in subsection (b)— (i) by striking Upon and inserting Except as provided in subsection (j), upon ; (ii) in paragraph (6), by striking and after the semicolon; (iii) in paragraph (7), by striking the period and inserting ; and ; and (iv) by inserting at the end the following: (8) in the case of a limited permit holder, the applicant certifies the permit will only be used to purchase black powder, black powder substitute, and smokeless powder in which case the limitation in paragraph (7) shall not apply. ; (B) in subsection (d)— (i) by inserting (1) after (d) ; (ii) by striking if in the opinion and inserting the following: “if— (A) in the opinion ; and (iii) by striking . The Secretary's action and inserting the following: “; or (B) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support or resources for terrorism, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. (2) The Attorney General's action ; and (C) in subsection (e)— (i) in paragraph (1), by inserting after the first sentence the following: However, if the denial or revocation is based upon an Attorney General determination under subsection (j) or (d)(1)(B), any information which the Attorney General relied on for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security. ; and (ii) in paragraph (2), by adding at the end the following: In responding to any petition for review of a denial or revocation based upon an Attorney General determination under subsection (j) or (d)(1)(B), the United States may submit, and the court may rely upon, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. ; (D) in subsection (h)(2)— (i) in subparagraph (A), by inserting or in subsection (j) of this section (on grounds of terrorism) after section 842(i) ; and (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by inserting or in subsection (j) of this section, after section 842(i), ; and (II) in clause (ii), by inserting , except that any information that the Attorney General relied on for a determination pursuant to subsection (j) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security after determination ; and (E) by inserting at the end the following: (j) Attorney General discretionary denial of Federal explosives licenses and permits The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support or resources for terrorism, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. ; and (4) in section 845(a)— (A) in paragraph (4), by inserting after and components thereof the following: , except for smokeless powder and black powder substitutes ; and (B) in paragraph (5), by striking black powder in quantities not to exceed fifty pounds, . (b) Guidelines (1) In general The Attorney General shall issue guidelines describing the circumstances under which the Attorney General will exercise the authority and make determinations under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act. (2) Contents The guidelines issued under paragraph (1) shall— (A) provide accountability and a basis for monitoring to ensure that the intended goals for, and expected results of, the grant of authority under subsections (d)(1)(B) and (j) of section 843 of title 18, United States Code, as amended by this Act, are being achieved; and (B) ensure that terrorist watch list records are used in a manner that safeguards privacy and civil liberties protections, in accordance with requirements outlines in Homeland Security Presidential Directive 11 (dated August 27, 2004).

https://www.govinfo.gov/content/pkg/BILLS-113hr2836ih/xml/BILLS-113hr2836ih.xml

113-hr-2837

I 113th CONGRESS 1st Session H. R. 2837 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Meehan (for himself, Mr. Lankford , Mr. Rogers of Alabama , Mr. Hastings of Washington , Mr. Farenthold , Mr. Kelly of Pennsylvania , Mr. Griffin of Arkansas , Mr. Gowdy , Mrs. Ellmers , Mr. Gibbs , Mr. Bucshon , Mr. Posey , Mr. Murphy of Pennsylvania , Mr. Jordan , Mr. Daines , Mr. Lance , and Mr. McHenry ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit for a one-year period beginning September 30, 2013, the implementation, operation, and coordination of a Federal Data Services Hub or any similar database system for determining or verifying eligibility under the Patient Protection and Affordable Care Act. 1. Prohibiting implementation of Federal Data Services Hub under Patient Protection and Affordable Care Act for one-year period beginning September 30, 2013 Notwithstanding any other provision of law, the Secretary of Health and Human Services may not implement, operate, or coordinate a Federal Data Services Hub or any similar database system for purposes of determining or verifying eligibility under part B of part I of subtitle E of title I of the Patient Protection and Affordable Care Act (Public Law 111–148) during the one-year period beginning on September 30, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr2837ih/xml/BILLS-113hr2837ih.xml

113-hr-2838

I 113th CONGRESS 1st Session H. R. 2838 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Pierluisi introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 46, United States Code, with respect to coastwise endorsements and Puerto Rico, and for other purposes. 1. Short title This Act may be cited as the Puerto Rico Interstate Commerce Improvement Act of 2013 . 2. Coastwise endorsements and Puerto Rico (a) In general Section 12120 of title 46, United States Code, is amended to read as follows: 12120. Coastwise endorsements and Puerto Rico (a) Exemption from requirements With respect to engaging in the coastwise trade, no requirement under section 12112(a)(2) or section 12132 applies to a vessel that— (1) is self propelled; (2) is transporting bulk cargo, including liquified natural gas or liquified petroleum gas bulk cargo; and (3) is transporting such cargo— (A) to Puerto Rico from another port in the United States; or (B) from Puerto Rico to another port in the United States. (b) Bulk cargo defined In this section, the term bulk cargo has the meaning given that term in section 53101. . (b) Clerical amendment The analysis for chapter 121 of title 46, United States Code, is amended by striking the item relating to section 12120 and inserting the following: 12120. Coastwise endorsements and Puerto Rico. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2838ih/xml/BILLS-113hr2838ih.xml

113-hr-2839

I 113th CONGRESS 1st Session H. R. 2839 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Pocan (for himself, Mr. Rangel , Mr. Andrews , Mr. Bishop of New York , Mr. Bishop of Georgia , Ms. Brownley of California , Mrs. Bustos , Mrs. Capps , Mr. Cárdenas , Mr. Carson of Indiana , Mr. Cartwright , Ms. Castor of Florida , Mrs. Christensen , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. Crowley , Mr. Cummings , Ms. DeLauro , Ms. DelBene , Mr. Deutch , Mr. Dingell , Mr. Ellison , Mr. Engel , Ms. Esty , Mr. Farr , Mr. Fattah , Ms. Frankel of Florida , Ms. Gabbard , Mr. Grijalva , Mr. Gutiérrez , Ms. Hahn , Mr. Hastings of Florida , Mr. Higgins , Mr. Himes , Mr. Holt , Mr. Horsford , Mr. Israel , Ms. Jackson Lee , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Kennedy , Mr. Kildee , Mr. Kilmer , Mr. Kind , Ms. Kuster , Mr. Langevin , Mr. Larsen of Washington , Ms. Lee of California , Mr. Lewis , Ms. Lofgren , Mr. Lowenthal , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Ms. Michelle Lujan Grisham of New Mexico , Mr. Maffei , Mrs. Carolyn B. Maloney of New York , Mr. Sean Patrick Maloney of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. Michaud , Ms. Moore , Mr. Moran , Mr. Murphy of Florida , Mrs. Napolitano , Mr. Nolan , Ms. Norton , Mr. O’Rourke , Mr. Pastor of Arizona , Mr. Payne , Mr. Peters of California , Ms. Pingree of Maine , Mr. Polis , Mr. Quigley , Ms. Ros-Lehtinen , Mr. Rush , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Ms. Schwartz , Ms. Shea-Porter , Ms. Sinema , Ms. Slaughter , Ms. Speier , Mr. Takano , Ms. Titus , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Vargas , Mr. Veasey , Ms. Velázquez , Mr. Waxman , Mr. Welch , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to review the discharge characterization of former members of the Armed Forces who were discharged by reason of the sexual orientation of the member, and for other purposes. 1. Short title This Act may be cited as the Restore Honor to Service Members Act . 2. Review of discharge characterization (a) In general In accordance with this section, the appropriate discharge boards— (1) shall review the discharge characterization of covered members at the request of the covered member; and (2) if such characterization is any characterization except honorable, may change such characterization to honorable. (b) Criteria In changing the discharge characterization of a covered member to honorable under subsection (a)(2), the Secretary of Defense shall ensure that such changes are carried out consistently and uniformly across the military departments using the following criteria: (1) The original discharge must be based on Don’t Ask Don’t Tell (in this Act referred to as DADT ) or a similar policy in place prior to the enactment of DADT. (2) Such discharge characterization shall be so changed if, with respect to the original discharge, there were no aggravating circumstances, such as misconduct, that would have independently led to a discharge characterization that was any characterization except honorable. For purposes of this paragraph, such aggravating circumstances may not include— (A) an offense under section 925 of title 10, United States Code (article 125 of the Uniform Code of Military Justice), committed by a covered member against a person of the same sex with the consent of such person; or (B) statements, consensual sexual conduct, or consensual acts relating to sexual orientation or identity, or the disclosure of such statements, conduct, or acts, that were prohibited at the time of discharge but after the date of such discharge became permitted. (3) When requesting a review, a covered member, or their representative, shall be required to provide either— (A) documents consisting of— (i) a copy of the DD–214 form of the member; (ii) a personal affidavit of the circumstances surrounding the discharge; and (iii) any relevant records pertaining to the discharge; or (B) an affidavit certifying that the member, or their representative, does not have the documents specified in subparagraph (A). (4) If a covered member provides an affidavit described in subparagraph (B) of paragraph (3)— (A) the appropriate discharge board shall make every effort to locate the documents specified in subparagraph (A) of such paragraph within the records of the Department of Defense; and (B) the absence of such documents may not be considered a reason to deny a change of the discharge characterization under subsection (a)(2). (c) Request for review The appropriate discharge board shall ensure the mechanism by which covered members, or their representative, may request to have the discharge characterization of the covered member reviewed under this section is simple and straightforward. (d) Review (1) In general After a request has been made under subsection (c), the appropriate discharge board shall review all relevant laws, records of oral testimony previously taken, service records, or any other relevant information regarding the discharge characterization of the covered member. (2) Additional materials If additional materials are necessary for the review, the appropriate discharge board— (A) may request additional information from the covered member or their representative, in writing, and specifically detailing what is being requested; and (B) shall be responsible for obtaining a copy of the necessary files of the covered member from the member, or when applicable, from the Department of Defense. (e) Change of characterization The appropriate discharge board shall change the discharge characterization of a covered member to honorable if such change is determined to be appropriate after a review is conducted under subsection (d) pursuant to the criteria under subsection (b). A covered member, or the representative of the member, may appeal a decision by the appropriate discharge board to not change the discharge characterization by using the regular appeals process of the board. (f) Change of records For each covered member whose discharge characterization is changed under subsection (e), or for each covered member who was honorably discharged but whose DD–214 form reflects the sexual orientation of the member, the Secretary of Defense shall reissue to the member or their representative a revised DD–214 form that reflects the following: (1) For each covered member discharged, the Separation Code, Reentry Code, Narrative Code, and Separation Authority shall not reflect the sexual orientation of the member and shall be placed under secretarial authority. Any other similar indication of the sexual orientation or reason for discharge shall be removed or changed accordingly to be consistent with this paragraph. (2) For each covered member whose discharge occurred prior to the creation of general secretarial authority, the sections of the DD–214 form referred to paragraph (1) shall be changed to similarly reflect a universal authority with codes, authorities, and language applicable at the time of discharge. (g) Status (1) In general Each covered member whose discharge characterization is changed under subsection (e) shall be treated without regard to the original discharge characterization of the member, including for purposes of— (A) benefits provided by the Federal Government to an individual by reason of service in the Armed Forces; and (B) all recognitions and honors that the Secretary of Defense provides to members of the Armed Forces. (2) Reinstatement In carrying out paragraph (1)(B), the Secretary shall reinstate all recognitions and honors of a covered member whose discharge characterization is changed under subsection (e) that the Secretary withheld because of the original discharge characterization of the member. (h) Definitions In this section: (1) The term appropriate discharge board means the boards for correction of military records under section 1552 of title 10, United States Code, or the discharge review boards under section 1553 of such title, as the case may be. (2) The term covered member means any former member of the Armed Forces who was discharged from the Armed Forces because of the sexual orientation of the member. (3) The term discharge characterization means the characterization under which a member of the Armed Forces is discharged or released, including dishonorable , general , other than honorable , and honorable . (4) The term Don’t Ask Don’t Tell means section 654 of title 10, United States Code, as in effect before such section was repealed pursuant to the Don't Ask, Don't Tell Repeal Act of 2010 ( Public Law 111–321 ). (5) The term representative means the surviving spouse, next of kin, or legal representative of a covered member. 3. Reports (a) Review The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted under section 2. (b) Reports Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under subsection (a). Such reports shall include any comments or recommendations for continued actions. 4. Historical review The Secretary of each military department shall ensure that oral historians of the department— (1) review the facts and circumstances surrounding the estimated 100,000 members of the Armed Forces discharged from the Armed Forces between World War II and September 2011 because of the sexual orientation of the member; and (2) receive oral testimony of individuals who personally experienced discrimination and discharge because of the actual or perceived sexual orientation of the individual so that such testimony may serve as an official record of these discriminatory policies and their impact on American lives. 5. Modification of Article 125 of the Uniform Code of Military Justice Section 925(a) of title 10, United States Code (article 125 of the Uniform Code of Military Justice) is amended by striking with another person of the same or opposite sex or .

https://www.govinfo.gov/content/pkg/BILLS-113hr2839ih/xml/BILLS-113hr2839ih.xml

113-hr-2840

I 113th CONGRESS 1st Session H. R. 2840 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Radel introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Agricultural Adjustment Act to exclude raisins from agricultural marketing orders. 1. Exclusion of raisins from agricultural marketing orders (a) Exclusion (1) In general Section 8c(2)(A) of the Agricultural Adjustment Act (7 U.S.C. 608c(2)(A)), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, is amended by striking and the products of honeybees and inserting the products of honeybees, and raisins . (2) Conforming amendments Such Act is further amended by striking raisins, each place it appears in the following provisions: (A) Section 8c(6)(I) ( 7 U.S.C. 608c(6)(I) ). (B) Section 8e(a) (7 U.S.C. 608e–1). (b) Existing orders Effective on the date of the enactment of this Act, no order issued by the Secretary pursuant to section 8c of the Agricultural Adjustment Act ( 7 U.S.C. 608c ), as in effect prior to such enactment, shall have any force or effect with respect to raisins.

https://www.govinfo.gov/content/pkg/BILLS-113hr2840ih/xml/BILLS-113hr2840ih.xml

113-hr-2841

I 113th CONGRESS 1st Session H. R. 2841 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Rahall introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that the Secretary of Defense affords each member of a reserve component of the Armed Forces with the opportunity for a physical examination before the member separates from the Armed Forces. 1. Short title This Act may be cited as the Guard and Reserve Equal Access to Health Act . 2. Physical examinations for members of a reserve component who are separating from the Armed Forces Section 1145 of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Physical examinations for members of a reserve component (1) The Secretary concerned shall provide a physical examination pursuant to subsection (a)(5) to each member of a reserve component who— (A) will not otherwise receive such an examination under such subsection; and (B) elects to receive such a physical examination. (2) The Secretary concerned shall— (A) provide the physical examination under paragraph (1) to a member during the 90-day period before the date on which the member is scheduled to be separated from the armed forces; and (B) issue orders to such a member to receive such physical examination. (3) A member may not be entitled to health care benefits pursuant to subsection (a), (b), or (c) solely by reason of being provided a physical examination under paragraph (1). (4) In providing to a member a physical examination under paragraph (1), the Secretary concerned shall provide to the member a record of the physical examination. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2841ih/xml/BILLS-113hr2841ih.xml

113-hr-2842

I 113th CONGRESS 1st Session H. R. 2842 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Ms. Linda T. Sánchez of California (for herself, Mr. LoBiondo , Mrs. Napolitano , Mr. Vargas , Mr. Issa , Mr. Salmon , Mr. Hunter , Mr. Barrow of Georgia , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create competition in the Department of Agriculture’s canned tuna purchasing program to strengthen the Department’s buying power, increase the availability of canned tuna to school lunch, child nutrition, and other Federal nutrition programs, and create jobs in the domestic canning industry. 1. Improved competition in the Department of Agriculture canned tuna purchasing program Not later than 90 days after the date of the enactment of this Act, the Secretary shall revise the Agricultural Marketing Service Master Solicitation and Supplement specifications for the purchase of canned tuna to require that— (1) all such tuna be landed by United States flagged fishing vessels; (2) not less than 75 percent of the value of such tuna be produced in the United States; and (3) all such tuna be canned in the United States, including the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or territories or possessions of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr2842ih/xml/BILLS-113hr2842ih.xml

113-hr-2843

I 113th CONGRESS 1st Session H. R. 2843 IN THE HOUSE OF REPRESENTATIVES July 25, 2013 Mr. Sensenbrenner (for himself and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XI of the Social Security Act to provide for the public availability of Medicare claims data. 1. Short title This Act may be cited as the Medicare Data Access for Transparency and Accountability Act . 2. Public availability of medicare claims data (a) In general Section 1128J of the Social Security Act ( 42 U.S.C. 1320a–7k ) is amended by adding at the end the following new subsection: (f) Public availability of medicare claims data (1) In general The Secretary shall, to the extent consistent with applicable information, privacy, security, and disclosure laws, including the regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 and section 552a of title 5, United States Code, make available to the public claims and payment data of the Department of Health and Human Services related to title XVIII, including data on payments made to any provider of services or supplier under such title. (2) Implementation (A) In general Not later than December 31, 2014, the Secretary shall promulgate regulations to carry out this subsection. (B) Requirements The regulations promulgated under subparagraph (A) shall ensure that— (i) the data described in paragraph (1) is made available to the public through a searchable database that the public can access at no cost; (ii) such database— (I) includes the amount paid to each provider of services or supplier under title XVIII, the items or services for which such payment was made, and the location of the provider of services or supplier; (II) is organized based on the specialty or the type of provider of services or supplier involved; (III) is searchable based on the type of items or services furnished; and (IV) includes a disclaimer that the aggregate data in the database does not reflect on the quality of the items or services furnished or of the provider of services or supplier who furnished the items or services; and (iii) each provider of services or supplier in the database is identified by a unique identifier that is available to the public (such as the National Provider Identifier of the provider of services or supplier). (C) Scope of data The database shall include data for fiscal year 2014, and each year fiscal year thereafter. . (b) Information not exempt under the Freedom of Information Act The term personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy , as used in section 552(b)(6) of title 5, United States Code, does not include the information required to be made available to the public under section 1128J(f) of the Social Security Act, as added by subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr2843ih/xml/BILLS-113hr2843ih.xml

113-hr-2844

I 113th CONGRESS 1st Session H. R. 2844 IN THE HOUSE OF REPRESENTATIVES July 26, 2013 Mr. Scalise (for himself, Mr. Walden , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to consolidate the reporting obligations of the Federal Communications Commission in order to improve congressional oversight and reduce reporting burdens. 1. Short title This Act may be cited as the Federal Communications Commission Consolidated Reporting Act of 2013 . 2. Communications marketplace report Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by adding at the end the following: 14. Communications marketplace report (a) In general In the last quarter of every even-numbered year, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the state of the communications marketplace. (b) Contents Each report required by subsection (a) shall— (1) assess the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service (as defined in section 332), multichannel video programming distributors (as defined in section 602), broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services; (2) assess the state of deployment of communications capabilities, including advanced telecommunications capability (as defined in section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)), regardless of the technology used for such deployment, including whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion; (3) assess whether laws, regulations, or regulatory practices (whether those of the Federal Government, States, political subdivisions of States, Indian tribes or tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )), or foreign governments) pose a barrier to competitive entry into the communications marketplace or to the competitive expansion of existing providers of communications services; (4) describe the agenda of the Commission for the next 2-year period for addressing the challenges and opportunities in the communications marketplace that were identified through the assessments under paragraphs (1) through (3); and (5) describe the actions that the Commission has taken in pursuit of the agenda described pursuant to paragraph (4) in the previous report submitted under this section. (c) Special requirements (1) Assessing competition In assessing the state of competition under subsection (b)(1), the Commission shall consider all forms of competition, including the effect of intermodal competition, facilities-based competition, and competition from new and emergent communications services, including the provision of content and communications using the Internet. (2) Assessing deployment In assessing the state of deployment under subsection (b)(2), the Commission shall compile a list of geographical areas that are not served by any provider of advanced telecommunications capability. (3) International comparisons and demographic information The Commission may use readily available data to draw appropriate comparisons between the United States communications marketplace and the international communications marketplace and to correlate its assessments with demographic information. (4) Considering small businesses In assessing the state of competition under subsection (b)(1) and regulatory barriers under subsection (b)(3), the Commission shall consider market entry barriers for entrepreneurs and other small businesses in the communications marketplace in accordance with the national policy under section 257(b). . 3. Consolidation of redundant reports; conforming amendments (a) ORBIT Act Report Section 646 of the Communications Satellite Act of 1962 ( 47 U.S.C. 765e ; 114 Stat. 57) is repealed. (b) Satellite Competition Report Section 4 of Public Law 109–34 ( 47 U.S.C. 703 ) is repealed. (c) International Broadband Data Report Section 103 of the Broadband Data Improvement Act ( 47 U.S.C. 1303 ) is amended— (1) by striking subsection (b); and (2) by redesignating subsections (c) through (e) as subsections (b) through (d), respectively. (d) Status of Competition in the Market for the Delivery of Video Programming Report Section 628 of the Communications Act of 1934 ( 47 U.S.C. 548 ) is amended— (1) by striking subsection (g); (2) by redesignating subsection (j) as subsection (g); and (3) by transferring subsection (g) (as redesignated) so that it appears after subsection (f). (e) Report on Cable Industry Prices (1) In general Section 623 of the Communications Act of 1934 (47 U.S.C. 543) is amended— (A) by striking subsection (k); and (B) by redesignating subsections (l) through (n) as subsections (k) through (m), respectively. (2) Conforming amendment Section 613(a)(3) of the Communications Act of 1934 (47 U.S.C. 533(a)(3)) is amended by striking 623(l) and inserting 623(k) . (f) Triennial Report Identifying and Eliminating Market Entry Barriers for Entrepreneurs and Other Small Businesses Section 257 of the Communications Act of 1934 ( 47 U.S.C. 257 ) is amended by striking subsection (c). (g) Section 706 Report Section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 ) is amended— (1) in subsection (b)— (A) in the last sentence, by striking If the Commission’s determination is negative, it and inserting If the Commission determines in its report under section 14 of the Communications Act of 1934 that advanced telecommunications capability is not being deployed to all Americans in a reasonable and timely fashion, the Commission ; and (B) by striking the first and second sentences; (2) by striking subsection (c); (3) in subsection (d), by striking this subsection and inserting this section ; and (4) by redesignating subsection (d) as subsection (c). (h) State of Competitive Market Conditions with respect to Commercial Mobile Radio Services Section 332(c)(1)(C) of the Communications Act of 1934 ( 47 U.S.C. 332(c)(1)(C) ) is amended by striking the first and second sentences. (i) Previously eliminated annual report (1) In general Section 4 of the Communications Act of 1934 ( 47 U.S.C. 154 ) is amended— (A) by striking subsection (k); and (B) by redesignating subsections (l) through (o) as subsections (k) through (n), respectively. (2) Conforming amendments The Communications Act of 1934 is amended— (A) in section 9(i), by striking In the Commission’s annual report, the Commission shall prepare an analysis of its progress in developing such systems and and inserting The Commission ; and (B) in section 309(j)(8)(B), by striking the last sentence. (j) Additional outdated reports The Communications Act of 1934 is further amended— (1) in section 4— (A) in subsection (b)(2)(B)(ii), by striking and shall furnish notice of such action and all that follows through subject of the waiver ; and (B) in subsection (g), by striking paragraph (2); (2) in section 215— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b); (3) in section 227(e), by striking paragraph (4); (4) in section 309(j)— (A) by striking paragraph (12); and (B) in paragraph (15)(C), by striking clause (iv); (5) in section 331(b), by striking the last sentence; (6) in section 336(e), by amending paragraph (4) to read as follows: (4) Report The Commission shall annually advise the Congress on the amounts collected pursuant to the program required by this subsection. ; (7) in section 339(c), by striking paragraph (1); (8) in section 396— (A) by striking subsection (i); (B) in subsection (k)— (i) in paragraph (1), by striking subparagraph (F); and (ii) in paragraph (3)(B)(iii), by striking subclause (V); (C) in subsection (l)(1)(B), by striking shall be included and all that follows through The audit report ; and (D) by striking subsection (m); (9) in section 398(b)(4), by striking the third sentence; (10) in section 624A(b)(1)— (A) by striking Report; regulations and inserting Regulations ; (B) by striking Within 1 year after and all that follows through on means of assuring and inserting The Commission shall issue such regulations as are necessary to assure ; and (C) by striking Within 180 days after and all that follows through to assure such compatibility. ; and (11) in section 713, by striking subsection (a). 4. Effect on authority Nothing in this Act or the amendments made by this Act shall be construed to expand or contract the authority of the Federal Communications Commission.

https://www.govinfo.gov/content/pkg/BILLS-113hr2844ih/xml/BILLS-113hr2844ih.xml

113-hr-2845

I 113th CONGRESS 1st Session H. R. 2845 IN THE HOUSE OF REPRESENTATIVES July 26, 2013 Mr. Welch introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to allow retail community pharmacies to deliver diabetic testing supplies to Medicare beneficiaries. 1. Short title This Act may be cited as the Diabetic Testing Supply Access Act of 2013 . 2. Authority for retail community pharmacies to deliver diabetic testing supplies to Medicare beneficiaries (a) In general Section 1847(a) of the Social Security Act (42 U.S.C. 1395w–3(a)) is amended by adding at the end the following new paragraph: (8) Nothing in this section shall be construed as authorizing the Secretary (through regulation, guidance, instruction, or otherwise) to restrict or eliminate an individual’s option of electing, regardless of delivery method (except by mail), to have diabetic testing supplies delivered to the individual by a retail community pharmacy (as defined in section 1927(k)(10)), including a retail community pharmacy that contracts with a long-term care facility, assisted living facility, group home, or other type of residential setting recognized by the State. This paragraph shall not be construed as changing the amount of payment made under this part for diabetic testing supplies, but only as authorizing delivery of such supplies to individuals through retail community pharmacies. . (b) Effective date The amendment made by subsection (a) shall apply to diabetic testing supplies delivered on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2845ih/xml/BILLS-113hr2845ih.xml

113-hr-2846

I 113th CONGRESS 1st Session H. R. 2846 IN THE HOUSE OF REPRESENTATIVES July 26, 2013 Mr. Franks of Arizona (for himself, Mr. Sherman , Mr. Lamborn , Mr. Vargas , and Mr. Gene Green of Texas ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To transfer to Jerusalem the United States Embassy located in Tel Aviv. 1. Short title This Act may be cited as the Recognition of Jerusalem as the Capital of the State of Israel Act . 2. Findings Congress finds the following: (1) Jerusalem has been the eternal and undivided capital of the state of Israel for the past 3,000 years. (2) The State of Israel was established on May 14, 1948, in the wake of World War II in order to serve as a homeland and place of refuge for the Jewish people. (3) There has been an uninterrupted Jewish presence in the city of Jerusalem for 3,000 years and a Jewish majority since 1840. Since 1950, the city of Jerusalem has been the capital of the State of Israel. (4) From 1948 to 1967, Jerusalem was a divided city and Israeli citizens of all faiths were not entitled to visit the holy sites, and Jews from other countries were restricted in their access to holy sites in the area controlled by Jordan. In 1967, the city of Jerusalem was reunited during the conflict known as the Six Day War, and since 1967, Jerusalem has been a unified city administered by Israel, and persons of all faiths have been guaranteed full access to the holy sites within the city. (5) In 1990, Congress unanimously adopted Senate Concurrent Resolution 106, which declares that Congress strongly believes that Jerusalem must remain an undivided city in which the rights of every ethnic religious group are protected . (6) In 1995, Congress overwhelmingly approved the Jerusalem Embassy Relocation Act (Public Law 104–45), requiring the establishment of the United States Embassy in Jerusalem not later than May 31, 1999. (7) The United States maintains its embassy in the functioning capital in every country except in the State of Israel. (8) Establishing sovereign claims according to the 1907 Hague Regulations under article 43, requires that [t]he authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. . (9) Israel has far exceeded the 1907 Hague Regulation as directed by international law. Israel has taken all measures to restore and ensure public order and safety in Jerusalem. (10) Jerusalem has been far safer and more protected under Israel’s administration than under any previous authorities. (11) Civil life is entirely present in Jerusalem, and all government institutions and related frameworks are also present, including the Knesset, the Bank of Israel, the Ministry of Foreign Affairs, the Prime Minister’s and President’s offices, and the Supreme Court. (12) The United States Government owns property in Tel Aviv that was acquired for the cost of $1.00 in 1957. (13) The United States Government has allocated five properties in Jerusalem, totaling over of 40,000 square feet and 14 acres of land. (14) The United States Government’s property located at 14 David Flusser Street in Jerusalem presents an ideal location for the United States Embassy to Israel. The Department of State completed construction of the property in 2010, and the six acre site is leased for 75 years. 3. Sense of Congress It is the sense of Congress that— (1) the United States should recognize the sovereign status of an undivided Jerusalem as the capital of the State of Israel; (2) recognizing Jerusalem as the capital of Israel and transferring the United States Embassy to Jerusalem from Tel Aviv will send a signal of United States commitment and resolve to Israel; and (3) the Secretary of State should— (A) transfer the United States Embassy in Tel Aviv, Israel, to 14 David Flusser Street, Jerusalem, Israel; and (B) take such actions as are necessary to either repurpose or sell at an appropriate market rate the United States Embassy in Tel Aviv, Israel, and, if the Embassy is sold, deposit in the Asset Management Account of the Department of State the proceeds from such sale. 4. Amendment to the Jerusalem Embassy Act of 1995 (a) Repeal Subject to subsection (b) of this section, section 7 of the Jerusalem Embassy Act of 1995 is repealed. (b) Effective date The repeal specified in subsection (a) shall take effect on January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr2846ih/xml/BILLS-113hr2846ih.xml

113-hr-2847

I 113th CONGRESS 1st Session H. R. 2847 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. McGovern (for himself, Ms. Kaptur , Ms. McCollum , Mr. Hastings of Florida , Mr. Schiff , Mrs. Napolitano , Mr. Moran , Mr. Conyers , Mr. Neal , Mr. Cicilline , Ms. Moore , Mr. Grijalva , and Mr. Jones ) 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 establish a grant program to encourage the use of assistance dogs by certain members of the Armed Forces and veterans. 1. Short title This Act may be cited as the Wounded Warrior Service Dog Act of 2013 . 2. Wounded Warrior K–9 Corps (a) Grants authorized Subject to the availability of appropriations provided for such purpose, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly establish a program, to be known as the K–9 Companion Corps Program , to award competitive grants to nonprofit organizations to assist such organizations in the planning, designing, establishing, or operating (or any combination thereof) of programs to provide assistance dogs to covered members and veterans. (b) Use of funds (1) In general The recipient of a grant under this section shall use the grant to carry out programs that provide assistance dogs to covered members and veterans who have a disability described in paragraph (2). (2) Disability A disability described in this paragraph is any of the following: (A) Blindness or visual impairment. (B) Loss of use of a limb, paralysis, or other significant mobility issues. (C) Loss of hearing. (D) Traumatic brain injury. (E) Post-traumatic stress disorder. (F) Any other disability that the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate. (3) Timing of award The Secretaries may not award a grant under this section to reimburse a recipient for costs previously incurred by the recipient in carrying out a program to provide assistance dogs to covered members and veterans unless the recipient elects for the award to be such a reimbursement. (c) Eligibility To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary of Defense and the Secretary of Veterans Affairs at such time, in such manner, and containing such information as the Secretary of Defense and the Secretary of Veterans Affairs may require. Such application shall include— (1) a proposal for the evaluation required by subsection (d); and (2) a description of— (A) the training that will be provided by the organization to covered members and veterans; (B) the training of dogs that will serve as assistance dogs; (C) the aftercare services that the organization will provide for such dogs and covered members and veterans; (D) the plan for publicizing the availability of such dogs through a targeted marketing campaign to covered members and veterans; (E) the recognized expertise of the organization in breeding and training such dogs; (F) the commitment of the organization to comparable standards as that of the International Guide Dog Federation or Assistance Dogs International; (G) the commitment of the organization to humane standards for animals; and (H) the experience of the organization with working with military medical treatment facilities or medical facilities of the Department of Veterans Affairs. (d) Evaluation The Secretary shall require each recipient of a grant to use a portion of the funds made available through the grant to conduct an evaluation of the effectiveness of the activities carried out through the grant by such recipient. (e) Definitions In this Act: (1) Assistance dog The term assistance dog means a dog specifically trained to perform physical tasks to mitigate the effects of a disability described in subsection (b)(2), except that the term does not include a dog specifically trained for comfort or personal defense. (2) Covered members and veterans The term covered members and veterans means— (A) with respect to a member of the Armed Forces, such member who is— (i) receiving medical treatment, recuperation, or therapy under chapter 55 of title 10, United States Code; (ii) in medical hold or medical holdover status; or (iii) covered under section 1202 or 1205 of title 10, United States Code; and (B) with respect to a veteran, a veteran who is enrolled in the health care system established under section 1705(a) of title 38, United States Code. (f) Authorization of appropriations There is authorized to be appropriated to carry out this Act $5,000,000 for each of fiscal years 2014 through 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr2847ih/xml/BILLS-113hr2847ih.xml

113-hr-2848

I 113th CONGRESS 1st Session H. R. 2848 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Royce (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize appropriations for the Department of State for fiscal year 2014, and for other purposes. 1. Short title This Act may be cited as the Department of State Operations and Embassy Security Authorization Act, Fiscal Year 2014 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appropriate congressional committees defined. Title I—Authorization of appropriations Sec. 101. Administration of foreign affairs. Sec. 102. Contributions to international organizations. Sec. 103. Contributions for international peacekeeping activities. Sec. 104. International commissions. Sec. 105. National Endowment for Democracy. Title II—Department of State authorities and activities Subtitle A—Basic Authorities and Activities Sec. 201. Recouping costs of international dispute arbitration. Sec. 202. Foreign Service Act of 1980. Sec. 203. Center for strategic counterterrorism communications of the Department of State. Sec. 204. Anti-piracy information sharing. Subtitle B—Consular Services and Related Matters Sec. 211. Extension of authority to assess passport surcharge. Sec. 212. Border crossing card fee for minors. Subtitle C—Reporting Requirements Sec. 221. Reporting reform. Title III—Organization and personnel authorities Sec. 301. Suspension of foreign service members without pay. Sec. 302. Repeal of recertification requirement for senior foreign service. Sec. 303. Limited appointments in the foreign service. Sec. 304. Limitation of compensatory time off for travel. Sec. 305. Department of State organization. Sec. 306. Overseas comparability pay limitation. Title IV—Embassy Security and Personnel Protection Subtitle A—Review and Planning Requirements Sec. 411. Designation of high risk, high threat posts and working groups. Sec. 412. Contingency plans for high risk, high threat posts. Sec. 413. Strategic review of Bureau of Diplomatic Security. Subtitle B—Physical Security and Personnel Requirements Sec. 421. Capital security cost sharing program. Sec. 422. Local guard contracts abroad under diplomatic security program. Sec. 423. Transfer authority. Sec. 424. Security enhancements for soft targets. Sec. 425. Reemployment of annuitants. Sec. 426. Sense of Congress regarding minimum security standards for temporary United States diplomatic and consular posts. Sec. 427. Assignment of personnel at high risk, high threat posts. Subtitle C—Security Training Sec. 431. Security training for personnel assigned to high risk, high threat posts. Sec. 432. Report to Congress. Subtitle D—Expansion of the Marine Corps Security Guard Detachment Program Sec. 441. Marine Corps Security Guard Program. 3. Appropriate congressional committees defined Except as otherwise provided in this Act, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. I Authorization of appropriations 101. Administration of foreign affairs The following amounts are authorized to be appropriated for the Department of State under Administration of Foreign Affairs to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign affairs of the United States, and for other purposes authorized by law: (1) Diplomatic and consular programs For Diplomatic and Consular Programs , $8,481,854,000 for fiscal year 2014. (A) Bureau of democracy, human rights, and labor Of such amounts, not less than $26,839,000 for fiscal year 2014 is authorized to be appropriated for the Bureau of Democracy, Human Rights and Labor. (B) Worldwide security protection Of such amounts, not less than $2,182,135,000 for fiscal year 2014 is authorized to be appropriated for worldwide security protection. (2) Capital investment fund For Capital Investment Fund , $76,900,000 for fiscal year 2014. (3) Educational and cultural exchange programs For Educational and Cultural Exchange Programs , $535,000,000 for fiscal year 2014. (4) Conflict stabilization operations (A) In general For Conflict Stabilization Operations , $45,207,000 for fiscal year 2014. (B) Transfer Subject to subparagraph (C) of this paragraph, of the amount authorized to be appropriated pursuant to paragraph (1), up to $35,000,000 is authorized to be transferred to, and merged with, the amount specified in subparagraph (A) of this paragraph. (C) Notification If the Secretary of State exercises the transfer authority described in subparagraph (B), the Secretary shall notify the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (5) Representation allowances For Representation Allowances , $6,933,000 for fiscal year 2014. (6) Protection of foreign missions and officials For Protection of Foreign Missions and Officials , $27,750,000 for fiscal year 2014. (7) Emergencies in the diplomatic and consular service For Emergencies in the Diplomatic and Consular Service , $9,073,000 for fiscal year 2014. (8) Repatriation loans For Repatriation Loans , $1,374,000 for fiscal year 2014. (9) Payment to the American Institute in Taiwan (A) In general For Payment to the American Institute in Taiwan , $21,778,000 for fiscal year 2014. (B) Transfer Subject to subparagraph (C) of this paragraph, of the amount authorized to be appropriated pursuant to paragraph (1), up to $15,300,000 is authorized to be transferred to, and merged with, the amount specified in subparagraph (A) of this paragraph. (C) Notification If the Secretary of State exercises the transfer authority described in subparagraph (B), the Secretary shall notify the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate. (10) Office of the inspector general For Office of the Inspector General , $119,056,000 for fiscal year 2014, including for the Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3929(a)(1) ) as such section relates to the inspection of the administration of activities and operations of each Foreign Service post. (11) International chancery center For International Chancery Center (ICC) , $5,450,000 for fiscal year 2014. (12) Embassy security, construction and maintenance For Embassy Security, Construction and Maintenance , $2,649,351,000 for fiscal year 2014. 102. Contributions to international organizations There are authorized to be appropriated for Contributions to International Organizations , $1,400,000,000 for fiscal year 2014, for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes. 103. Contributions for international peacekeeping activities There are authorized to be appropriated for Contributions for International Peacekeeping Activities , $1,942,000,000 for fiscal year 2014 for the Department of State to carry out the authorities, functions, duties, and responsibilities of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes. 104. International commissions The following amounts are authorized to be appropriated under International Commissions for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law: (1) International boundary and water commission, United States and Mexico For International Boundary and Water Commission, United States and Mexico — (A) for Salaries and Expenses , $44,722,000 for fiscal year 2014; and (B) for Construction , $31,400,000 for fiscal year 2014. (2) International boundary commission, United States and Canada For International Boundary Commission, United States and Canada , $2,449,000 for fiscal year 2014. (3) International joint commission For International Joint Commission , $7,012,000 for fiscal year 2014. (4) International fisheries commissions For International Fisheries Commissions , $31,445,000 for fiscal year 2014. (5) Border environment cooperation commission For Border Environment Cooperation Commission , $2,386,000 for fiscal year 2014. 105. National Endowment for Democracy There are authorized to be appropriated for the National Endowment for Democracy for authorized activities $117,764,000 for fiscal year 2014. II Department of State authorities and activities A Basic Authorities and Activities 201. Recouping costs of international dispute arbitration Paragraph (3) of section 38(d) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2710(d) ) is amended by striking by the Department of State from another agency of the United States Government or pursuant to and inserting by the Department of State as a result of a decision of an international tribunal, from another agency of the United States Government, or pursuant to . 202. Foreign Service Act of 1980 Section 501 of the Foreign Service Act of 1980 ( 22 U.S.C. 3981 ) is amended by inserting If a position designated under this section is unfilled for more than one single assignment cycle, such position shall be filled in accordance with section 303 or 309, as appropriate, of the Foreign Service Act of 1980 (22 U.S.C. 3943 and 3949). after Positions designated under this section are excepted from the competitive service. . 203. Center for strategic counterterrorism communications of the Department of State (a) Statement of policy As articulated in Executive Order 13584, issued on September 9, 2011, it is the policy of the United States to actively counter the actions and ideologies of al-Qa’ida, its affiliates and adherents, other terrorist organizations, and violent extremists overseas that threaten the interests and national security of the United States. (b) Establishment of center for strategic counterterrorism communications There is authorized to be established within the Department of State, under the direction of the Secretary of State, the Center for Strategic Counterterrorism Communications (in this section referred to as the CSCC ). (c) Mission The CSCC may coordinate, orient, and inform Government-wide public communications activities directed at audiences abroad and targeted against violent extremists and terrorist organizations, especially al-Qa’ida and its affiliates and adherents. (d) Coordinator of the center for strategic counterterrorism communications The head of the CSCC should be the Coordinator. The Coordinator of the CSCC should— (1) report to the Under Secretary for Public Diplomacy and Public Affairs; and (2) collaborate with the Bureau of Counterterrorism of the Department of State, other Department bureaus, and other United States Government agencies. (e) Duties The CSCC may— (1) monitor and evaluate extremist narratives and events abroad that are relevant to the development of a United States strategic counterterrorism narrative designed to counter violent extremism and terrorism that threaten the interests and national security of the United States; (2) develop and promulgate for use throughout the executive branch the United States strategic counterterrorism narrative developed in accordance with paragraph (1), and public communications strategies to counter the messaging of violent extremists and terrorist organizations, especially al-Qa’ida and its affiliates and adherents; (3) identify current and emerging trends in extremist communications and communications by al-Qa’ida and its affiliates and adherents in order to coordinate and provide guidance to the United States Government regarding how best to proactively promote the United States strategic counterterrorism narrative developed in accordance with paragraph (1) and related policies, and to respond to and rebut extremist messaging and narratives when communicating to audiences outside the United States; (4) facilitate the use of a wide range of communications technologies by sharing expertise and best practices among United States Government and non-Government sources; (5) identify and request relevant information from United States Government agencies, including intelligence reporting, data, and analysis; (6) identify shortfalls in United States capabilities in any areas relevant to the CSCC’s mission, and recommend necessary enhancements or changes; and (7) establish measurable goals, performance metrics, and monitoring and evaluation plans to focus on learning, accountability, and policymaking. (f) Steering committee (1) In general The Secretary of State may establish a Steering Committee composed of senior representatives of United States Government agencies relevant to the CSCC’s mission to provide advice to the Secretary on the operations and strategic orientation of the CSCC and to ensure adequate support for the CSCC. (2) Meetings The Steering Committee should meet not less often than once every six months. (3) Leadership The Steering Committee should be chaired by the Under Secretary of State for Public Diplomacy. The Coordinator for Counterterrorism of the Department of State should serve as Vice Chair. The Coordinator of the CSCC should serve as Executive Secretary. (4) Composition (A) In general The Steering Committee may include one senior representative designated by the head of each of the following agencies: (i) The Department of Defense. (ii) The Department of Justice. (iii) The Department of Homeland Security. (iv) The Department of the Treasury. (v) The National Counterterrorism Center of the Office of the Director of National Intelligence. (vi) The Joint Chiefs of Staff. (vii) The Counterterrorism Center of the Central Intelligence Agency. (viii) The Broadcasting Board of Governors. (ix) The Agency for International Development. (B) Additional representation Representatives from United States Government agencies not specified in subparagraph (A) may be invited to participate in the Steering Committee at the discretion of the Chair. 204. Anti-piracy information sharing The Secretary of State is authorized to provide for the participation by the United States in the Information Sharing Centre located in Singapore, as established by the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP). B Consular Services and Related Matters 211. Extension of authority to assess passport surcharge Paragraph (2) of section 1(b) of the Act of June 4, 1920 (41 Stat. 750; chapter 223; 22 U.S.C. 214(b) ), is amended by striking 2010 and inserting 2016 . 212. Border crossing card fee for minors Section 410(a)(1)(A) of the Department of State and Related Agencies Appropriations Act, 1999 (contained in division A of Public Law 105–277 ) is amended by striking a fee of $13 and inserting a fee equal to one-half the fee that would otherwise apply for processing a machine readable combined border crossing identification card and nonimmigrant visa . C Reporting Requirements 221. Reporting reform (a) In general The following provisions of law are repealed: (1) Subsections (c)(4) and (c)(5) of section 601 of Public Law 96–465 . (2) Section 585 of Public Law 104–208 . (3) Subsections (b) and (c) of section 11 of Public Law 107–245 . (4) Section 181 of Public Law 102–138 . (5) Section 1012(c) of Public Law 103–337 . (6) Section 527(f) of Public Law 103–236 . (7) Section 304(f) of Public Law 107–173 . (8) Section 4(b) of Public Law 79–264 . (9) Sections 3202 and 3204(f) of Public Law 106–246 . (b) Conforming amendment Section 11 of Public Law 107–245 is amended by striking (a) In general .— . (c) Report on United States contributions to the United Nations (1) In general Not later than 90 days after the date of the enactment of this Act and annually thereafter, the Director of the Office of Management and Budget shall submit to Congress a report on all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (2) Content Each report required under subsection (a) shall include the following elements: (A) The total amount of all assessed and voluntary contributions, including in-kind, of the United States Government to the United Nations and its affiliated agencies and related bodies during the previous fiscal year. (B) The approximate percentage of United States Government contributions to each United Nations affiliated agency or related body in such fiscal year when compared with all contributions to each such agency or body from any source in such fiscal year. (C) For each such United States Government contribution— (i) the amount of the contribution; (ii) a description of the contribution (including whether assessed or voluntary); (iii) the department or agency of the United States Government responsible for the contribution; (iv) the purpose of the contribution; and (v) the United Nations or its affiliated agency or related body receiving the contribution. (d) Scope of initial report The first report required under subsection (a) shall include the information required under this section for the previous three fiscal years. (e) Public availability of information Not later than 14 days after submitting a report under subsection (a), the Director of the Office of Management and Budget shall post a public version of such report on a text-based, searchable, and publicly available Internet Web site. III Organization and personnel authorities 301. Suspension of foreign service members without pay (a) Suspension Section 610 of the Foreign Service Act of 1980 ( 22 U.S.C. 4010 ) is amended by adding at the end the following new subsection: (c) (1) In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed. (2) Any member of the Foreign Service for whom a suspension is proposed in accordance with paragraph (1) shall be entitled to— (A) written notice stating the specific reasons for the proposed suspension; (B) a reasonable time to respond orally and in writing to the proposed suspension; (C) representation by an attorney or other representative; and (D) a final written decision, including the specific reasons for such decision, as soon as practicable. (3) Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter 11. (4) In the case of a grievance filed under paragraph (3)— (A) the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and (B) the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8). (5) In this subsection: (A) The term reasonable time means— (i) with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and (ii) with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension. (B) The term suspend or suspension means the placing of a member of the Foreign Service in a temporary status without duties and pay. . (b) Conforming and clerical amendments (1) Amendment of section heading Section 610 of the Foreign Service Act of 1980, as amended by subsection (a) of this section, is further amended, in the section heading, by inserting ; Suspension before the period at the end. (2) Clerical amendment The item relating to section 610 in the table of contents in section 2 of the Foreign Service Act of 1980 is amended to read as follows: Sec. 610. Separation for cause; suspension. . 302. Repeal of recertification requirement for senior foreign service Subsection (d) of section 305 of the Foreign Service Act of 1980 ( 22 U.S.C. 3945 ) is repealed. 303. Limited appointments in the foreign service Section 309 of the Foreign Service Act of 1980 ( 22 U.S.C. 3949 ) is amended— (1) in subsection (a), by striking subsection (b) and inserting subsection (b) or (c) ; (2) in subsection (b)— (A) in paragraph (3)— (i) by inserting (A), after if ; and (ii) by inserting before the semicolon at the end the following: , or (B), the career candidate is serving in the uniformed services, as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 et seq.), and the limited appointment expires in the course of such service ; (B) in paragraph (4), by striking and at the end; (C) in paragraph (5), by striking the period at the end and inserting ; and ; and (D) by adding after paragraph (5) the following new paragraph: (6) in exceptional circumstances where the Secretary determines the needs of the Service require the extension of a limited appointment, (A), for a period of time not to exceed 12 months (if such period of time does not permit additional review by boards under section 306), or (B), for the minimum time needed to settle a grievance, claim, or complaint not otherwise provided for in this section. ; and (3) by adding at the end the following new subsection: (c) Non-career Foreign Service employees who have served five consecutive years under a limited appointment may be reappointed to a subsequent limited appointment if there is a one year break in service between each such appointment. The Secretary may in cases of special need waive the requirement for a one year break in service. . 304. Limitation of compensatory time off for travel Section 5550b of title 5, United States Code, is amended by adding at the end the following new subsection: (c) The maximum amount of compensatory time off earned under this section may not exceed 104 hours during any leave year (as defined by regulations established by the Office of Personnel Management). . 305. Department of State organization The Secretary of State may, after consultation with the appropriate congressional committees, transfer to such other officials or offices of the Department of State as the Secretary may determine from time to time any authority, duty, or function assigned by statute to the Coordinator for Counterterrorism, the Coordinator for Reconstruction and Stabilization, or the Coordinator for International Energy Affairs. 306. Overseas comparability pay limitation (a) In general Subject to the limitation described in subsection (b), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 ( Public Law 111–32 ; 123 Stat. 1904), shall remain in effect through September 30, 2014. (b) Limitation The authority described in subsection (a) may not be used to pay an eligible member of the Foreign Service (as defined in section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based comparability payment (stated as a percentage) that exceeds two-thirds of the amount of the locality-based comparability payment (stated as a percentage) that would be payable to such member under section 5304 of title 5, United States Code, if such member’s official duty station were in the District of Columbia. IV Embassy Security and Personnel Protection A Review and Planning Requirements 411. Designation of high risk, high threat posts and working groups (a) In general Title I of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4801 et seq. ; relating to diplomatic security) is amended by inserting after section 103 the following new sections: 104. Designation of high risk, high threat posts (a) Initial designation Not later than 30 days after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees a report, in classified form, that contains an initial list of diplomatic and consular posts designated as high risk, high threat posts. (b) Designations before opening or reopening posts Before opening or reopening a diplomatic or consular post, the Secretary shall determine if such post should be designated as a high risk, high threat post. (c) Designating existing posts The Secretary shall regularly review existing diplomatic and consular posts to determine if any such post should be designated as a high risk, high threat post if conditions at such post or the surrounding security environment require such a designation. (d) Definitions In this section and section 105: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) High risk, high threat post The term high risk, high threat post means a United States diplomatic or consular post, as determined by the Secretary, that, among other factors, is— (A) located in a country— (i) with high to critical levels of political violence and terrorism; and (ii) the government of which lacks the ability or willingness to provide adequate security; and (B) with mission physical security platforms that fall below the Department of State’s established standards. 105. Working groups for high risk, high threat posts (a) Establishment Before opening or reopening a high risk, high threat post, the Secretary shall establish a working group that is responsible for the geographic area in which such post is to be opened or reopened. (b) Duties The duties of the working group established in accordance with subsection (a) shall include— (1) evaluating the importance and appropriateness of the objectives of the proposed post to the national security of the United States, and the type and level of security threats such post could encounter; (2) completing working plans to expedite the approval and funding for establishing and operating such post, implementing physical security measures, providing necessary security and management personnel, and the provision of necessary equipment; (3) establishing security tripwires that would determine specific action, including enhanced security measures or evacuation of such post, based on the improvement or deterioration of the local security environment; and (4) identifying and reporting any costs that may be associated with opening or reopening such post. (c) Composition The working group should be composed of representatives of the— (1) appropriate regional bureau; (2) Bureau of Diplomatic Security; (3) Bureau of Overseas Building Operations; (4) Bureau of Intelligence and Research; and (5) other bureaus or offices as determined by the Secretary. (d) Congressional notification Not less than 30 days before opening or reopening a high risk, high threat post, the Secretary shall notify the appropriate congressional committees in classified form of— (1) the decision to open or reopen such post; and (2) the results of the working group under subsection (b). . (b) Conforming amendment The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 103 the following new items: Sec. 104. Designation of high risk, high threat posts. Sec. 105. Working groups for high risk, high threat posts. . 412. Contingency plans for high risk, high threat posts Section 606(a) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a) ; relating to diplomatic security) is amended— (1) in paragraph (1)(A)— (A) by inserting and from complex attacks (as such term is defined in section 416 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986), after attacks from vehicles ; and (B) by inserting or such a complex attack before the period at the end; (2) in paragraph (7), by inserting before the period at the end the following: , including at high risk, high threat posts (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986), including options for the deployment of additional military personnel or equipment to bolster security and rapid deployment of armed or surveillance assets in response to an attack . 413. Strategic review of Bureau of Diplomatic Security (a) In general The Secretary of State shall complete a strategic review of the Bureau of Diplomatic Security of the Department of State to ensure that the mission and activities of the Bureau are fulfilling the current and projected needs of the Department of State. (b) Contents of review The strategic review described in subsection (a) shall include assessments of— (1) staffing needs for both domestic and international operations; (2) facilities under chief of mission authority adhering to security standards; (3) security personnel with the necessary language skills for assignment to overseas posts; (4) programs being carried out by personnel with the necessary experience and at commensurate grade levels; (5) necessary security training provided to personnel under chief of mission authority for expected assignments and objectives; (6) balancing security needs with an ability to carry out the diplomatic mission of the Department of State; (7) the budgetary implications of balancing multiple missions; and (8) how to resolve any identified deficiencies in the mission or activities of the Bureau. B Physical Security and Personnel Requirements 421. Capital security cost sharing program (a) Sense of congress on the capital security cost sharing program It is the sense of Congress that the Capital Security Cost Sharing Program should prioritize the construction of new facilities and the maintenance of existing facilities at high risk, high threat posts. (b) Restriction on construction of office space Section 604(e)(2) of the Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7) of Public Law 106–113 ; 113 Stat. 1501A–453; 22 U.S.C. 4865 note) is amended by adding at the end the following new sentence: A project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal department or agency if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by paragraph (1), except that such project may include office space or other accommodations for members of the United States Marine Corps. . 422. Local guard contracts abroad under diplomatic security program (a) In general Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864 ) is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by striking With respect and inserting Except as provided in subsection (d), with respect ; and (B) in paragraph (3), by striking subsection (d) and inserting subsection (e) ; (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; and (3) by inserting after subsection (c) the following new subsection: (d) Award of local guard and protective service contracts for high risk, high threat posts With respect to any local guard contract for a high risk, high threat post (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986) that is entered into after the date of the enactment of this subsection, the Secretary of State— (1) shall comply with paragraphs (1), (2), (4), (5), and (6) of subsection (c) in the award of such contract; (2) after evaluating proposals for such contract, may award such contract to the firm representing the best value to the Government in accordance with the best value tradeoff process described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R. 6 15.101–1); and (3) shall ensure that contractor personnel under such contract providing local guard or protective services are classified— (A) as employees of the contractor; (B) if the contractor is a joint venture, as employees of one of the persons or parties constituting the joint venture; or (C) as employees of a subcontractor to the contractor, and not as independent contractors to the contractor or any other entity performing under such contracts. . (b) Report Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes— (1) an explanation of the implementation of subsection (d) of section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991, as amended by subsection (a)(3) of this section; and (2) for each instance in which an award is made pursuant to such subsection (d) of such section 136, a written justification providing the basis for such award and an explanation of the inability to satisfy the needs of the Department of State by technically acceptable, lowest price evaluation award. 423. Transfer authority Section 4 of the Foreign Service Buildings Act, 1926 ( 22 U.S.C. 295 ) is amended by adding at the end the following new subsections: (j) In addition to exercising any other transfer authority available to the Secretary of State, and subject to subsection (k), the Secretary may transfer to, and merge with, any appropriation for embassy security, construction, and maintenance such amounts appropriated for any other purpose related to the administration of foreign affairs on or after October 1, 2013, as the Secretary determines necessary to provide for the security of sites and buildings in foreign countries under the jurisdiction and control of the Secretary. (k) Not later than 15 days before any transfer of funds pursuant to subsection (j), the Secretary of State shall notify the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the House of Representatives of such transfer. . 424. Security enhancements for soft targets Section 29 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2701 ) is amended, in the third sentence, by inserting physical security enhancements and after may include . 425. Reemployment of annuitants Section 824(g) of the Foreign Service Act of 1980 ( 22 U.S.C. 4064(g) ), as amended by section 306 of this Act, is further amended— (1) in paragraph (1)— (A) in subparagraph (B)— (i) by striking to facilitate the and all that follows through Afghanistan, ; and (ii) by inserting before the semicolon at the end the following: and, when after an exhaustive, open, and competitive search, no qualified, full-time, current employees (including members of the Civil Service) of the Department of State have been identified ; and (B) by moving subparagraph (C) two ems to the left; and (2) in paragraph (2)— (A) in subparagraph (A), by striking 2010 and inserting 2018 ; and (B) in subparagraphs (B) and (C), by striking 2009 and inserting 2018 each place it appears. 426. Sense of Congress regarding minimum security standards for temporary United States diplomatic and consular posts It is the sense of Congress that— (1) the Overseas Security Policy Board’s security standards for United States diplomatic and consular posts should apply to all such posts regardless of the duration of their occupancy; and (2) such posts should comply with requirements for attaining a waiver or exception to applicable standards if it is in the national interest of the United States as determined by the Secretary of State. 427. Assignment of personnel at high risk, high threat posts (a) In general The Secretary of State shall station key personnel for sustained periods of time at high risk, high threat posts (as such term is defined in section 104 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as added by section 411 of this Act) in order to— (1) establish institutional knowledge and situational awareness that would allow for a fuller familiarization of the local political and security environment in which such posts are located; and (2) ensure that necessary security procedures are implemented. (b) Quarterly briefings The Secretary of State shall quarterly brief the appropriate congressional committees on the personnel staffing and rotation cycles at high risk, high threat posts. C Security Training 431. Security training for personnel assigned to high risk, high threat posts (a) In general Title IV of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( 22 U.S.C. 4851 et seq. ; relating to diplomatic security) is amended by adding at the end the following new sections: 416. Security training for personnel assigned to a high risk, high threat post (a) In general Individuals assigned permanently to or who are in long-term temporary duty status as designated by the Secretary at a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to prepare such individuals for living and working at such posts. (b) Security training described Security training referred to in subsection (a)— (1) is training to improve basic knowledge and skills; and (2) may include— (A) an ability to recognize, avoid, and respond to potential terrorist situations, including a complex attack; (B) conducting surveillance detection; (C) providing emergency medical care; (D) ability to detect the presence of improvised explosive devices; (E) minimal firearms proficiency; and (F) defensive driving maneuvers. (c) Effective date The requirements of this section shall take effect upon the date of the enactment of this section. (d) Definitions In this section and sections 417 and 418: (1) Complex attack The term complex attack has the meaning given such term by the North Atlantic Treaty Organization as follows: An attack conducted by multiple hostile elements which employ at least two distinct classes of weapon systems (i.e., indirect fire and direct fire, improvised explosive devices, and surface to air fire). . (2) High risk, high threat post The term high risk, high threat post has the meaning given such term in section 104. 417. Security management training for officials assigned to a high risk, high threat post (a) In general Officials described in subsection (c) who are assigned to a high risk, high threat post shall receive security training described in subsection (b) on a mandatory basis in order to improve the ability of such officials to make security-related management decisions. (b) Security training described Security training referred to in subsection (a) may include— (1) development of skills to better evaluate threats; (2) effective use of security resources to mitigate such threats; and (3) improved familiarity of available security resources. (c) Officials described Officials referred to in subsection (a) are— (1) members of the Senior Foreign Service appointed under section 302(a)(1) or 303 of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(1) and 3943) or members of the Senior Executive Service (as such term is described in section 3132(a)(2) of title 5, United States Code); (2) Foreign Service officers appointed under section 302(a)(1) of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(1) ) holding a position in classes FS–1, FS–2, or FS–3; (3) Foreign Service Specialists appointed by the Secretary under section 303 of the Foreign Service Act of 1980 ( 22 U.S.C. 3943 ) holding a position in classes FS–1, FS–2, or FS–3; and (4) individuals holding a position in grades GS–13, GS–14, or GS–15. (d) Effective date The requirements of this section shall take effect beginning on the date that is one year after the date of the enactment of this section. 418. Language requirements for diplomatic security personnel assigned to high risk, high threat post (a) In general Diplomatic security personnel assigned permanently to or who are in long-term temporary duty status as designated by the Secretary at a high risk, high threat post should receive language training described in subsection (b) in order to prepare such personnel for duty requirements at such post. (b) Language training described Language training referred to in subsection (a) should prepare personnel described in such subsection to— (1) speak the language at issue with sufficient structural accuracy and vocabulary to participate effectively in most formal and informal conversations on subjects germane to security; and (2) read within an adequate range of speed and with almost complete comprehension on subjects germane to security. . (c) Conforming amendment The table of contents of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 is amended by inserting after the item relating to section 415 the following new items: Sec. 416. Security training for personnel assigned to a high risk, high threat post. Sec. 417. Security management training for officials assigned to a high risk, high threat post. Sec. 418. Language requirements for diplomatic security personnel assigned to high risk, high threat post. . 432. Report to Congress Not later than 18 months after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the implementation of this subtitle. D Expansion of the Marine Corps Security Guard Detachment Program 441. Marine Corps Security Guard Program (a) In general Pursuant to the responsibility of the Secretary of State for diplomatic security under section 103 of the Diplomatic Security Act (22 U.S.C. 4802; enacted as part of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 ( Public Law 99–399 )), the Secretary of State, in consultation with the Secretary of Defense, shall conduct an annual review of the Marine Corps Security Guard Program, including— (1) an evaluation of whether the size and composition of the Marine Corps Security Guard Program is adequate to meet global diplomatic security requirements; (2) an assessment of whether the Marine Corps security guards are appropriately deployed among United States embassies, consulates, and other diplomatic facilities to respond to evolving security developments and potential threats to United States interests abroad; and (3) an assessment of the mission objectives of the Marine Corps Security Guard Program and the procedural rules of engagement to protect diplomatic personnel under the Program. (b) Reporting requirement Not later than 180 days after the date of the enactment of this Act and annually thereafter for three years, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees an unclassified report, with a classified annex as necessary, that addresses the requirements specified in subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr2848ih/xml/BILLS-113hr2848ih.xml

113-hr-2849

I 113th CONGRESS 1st Session H. R. 2849 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Lynch introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to establish an Office of the Privacy Advocate General. 1. Short title This Act may be cited as the Privacy Advocate General Act of 2013 . 2. Office of the Privacy Advocate General (a) Establishment The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) is amended by adding at the end the following new title: IX Privacy Advocate General 901. Privacy Advocate General (a) Office of the Privacy Advocate General There is established an independent office in the Executive branch to be known as the Office of the Privacy Advocate General. (b) Privacy Advocate General (1) Appointment There is a Privacy Advocate General, who shall be the head of the Office of the Privacy Advocate General, who shall be appointed jointly by the Chief Justice of the United States and the most senior associate justice of the Supreme Court appointed by a President that at the time of appointment was a member of a political party other than the political party of the President that appointed the Chief Justice. (2) Term The Privacy Advocate General shall serve a term of 7 years and may be reappointed in accordance with paragraph (1). (c) Duties Notwithstanding any other provision of this Act, the Privacy Advocate General— (1) shall serve as the opposing counsel with respect to any application by the Federal Government for an order or directive under this Act and any review of a certification or targeting procedures under this Act, including in any proceedings before a court or review of an application, certification, or targeting procedures under this Act that would otherwise be conducted ex parte; (2) shall, in carrying out paragraph (1), oppose any Federal Government request for an order or directive under this Act and any certification or targeting procedures under this Act and argue the merits of the opposition before the court concerned, including any arguments relating to the constitutionality of a provision of law under which the Federal Government is seeking an order or directive; and (3) may request the court established under subsection (a) or (b) of section 103 to make publicly available an order, decision, or opinion of such court. (d) Appeals The Privacy Advocate General may— (1) appeal a decision of the court established under subsection (a) of section 103 to the court established under subsection (b) of such section; and (2) petition the Supreme Court for a writ of certiorari for review of a decision of the court established under section 103(b). (e) Staff The Privacy Advocate General shall appoint such staff of the Office of the Privacy Advocate General as the Privacy Advocate General considers necessary to carry out the duties of the Privacy Advocate General. (f) Security clearance The President shall ensure that the Privacy Advocate General and the staff of the Office of the Privacy Advocate General appointed under subsection (b) possess appropriate security clearances to carry out the duties of the Privacy Advocate General under this section. . (b) Table of contents amendment The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 note) is amended by adding at the end the following new items: Title IX—Privacy Advocate General Sec. 901. Privacy Advocate General. . (c) Conforming amendment Section 103(b) of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803(b) ) is amended— (1) by striking review the denial and inserting review the approval or denial ; (2) by striking properly denied and inserting properly approved or denied, as the case may be ; and (3) by striking petition of the United States and inserting petition . 3. Authority during appeals process (a) Electronic surveillance Section 105 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1805 ) is amended by adding at the end the following new subsection: (i) (1) In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize the emergency employment of electronic surveillance pending such appeal if the judge finds— (A) there is a reasonable argument that the electronic surveillance is permissible; and (B) there are exceptional circumstances and compelling evidence showing that immediate electronic surveillance is necessary to accomplish the purpose of the electronic surveillance. (2) In any case where a judge authorizes the emergency employment of electronic surveillance pending appeal under paragraph (1) and the application by the Government is denied on appeal, any information gathered or derived from such electronic surveillance shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such surveillance shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. . (b) Physical search Section 304 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1824 ) is amended by adding at the end the following new subsection: (f) (1) In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize the emergency employment of physical search pending such appeal if the judge finds— (A) there is a reasonable argument that the physical search is permissible; and (B) there are exceptional circumstances and compelling evidence showing that an immediate physical search is necessary to accomplish the purpose of the physical search. (2) In any case where a judge authorizes the emergency employment of a physical search pending appeal under paragraph (1) and the application by the Government is denied on appeal, any information gathered or derived from such physical search shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such physical search shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. . (c) Pen register and trap and trace Section 403 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1843 ) is amended by adding at the end the following new subsection: (d) (1) In any case where a judge denies an application under this section and the Government expresses an intent to appeal that denial, the judge may temporarily authorize installation and use of a pen register or trap and trace device on an emergency basis pending such appeal if the judge finds— (A) there is a reasonable argument that the installation and use of a pen register or trap and trace device is permissible; and (B) there are exceptional circumstances and compelling evidence showing that immediate installation and use of a pen register or trap and trace device is necessary to accomplish the purpose of the installation and use of such pen register or trap and trace device. (2) In any case where a judge authorizes the installation and use of a pen register or trap and trace device on an emergency basis pending appeal under paragraph (1) and the application by the Government is denied on appeal, any information gathered or derived from such installation and use of a pen register or trap and trace device shall be destroyed and no such information may be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such installation and use of a pen register or trap and trace device shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2849ih/xml/BILLS-113hr2849ih.xml

113-hr-2850

I 113th CONGRESS 1st Session H. R. 2850 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Smith of Texas (for himself, Mr. Stewart , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To require certain procedures in the conduct by the Environmental Protection Agency of its study of the potential impacts of hydraulic fracturing on drinking water resources. 1. Short title This Act may be cited as the EPA Hydraulic Fracturing Study Improvement Act . 2. EPA hydraulic fracturing research In conducting its study of the potential impacts of hydraulic fracturing on drinking water resources, with respect to which a request for information was issued under Federal Register Vol. 77, No. 218, the Administrator of the Environmental Protection Agency shall adhere to the following requirements: (1) Peer review and information quality Prior to issuance and dissemination of any final report or any interim report summarizing the Environmental Protection Agency’s research on the relationship between hydraulic fracturing and drinking water, the Administrator shall— (A) consider such reports to be Highly Influential Scientific Assessments and require peer review of such reports in accordance with guidelines governing such assessments, as described in— (i) the Environmental Protection Agency’s Peer Review Handbook 3rd Edition; (ii) the Environmental Protection Agency’s Scientific Integrity Policy, as in effect on the date of enactment of this Act; and (iii) the Office of Management and Budget’s Peer Review Bulletin, as in effect on the date of enactment of this Act; and (B) require such reports to meet the standards and procedures for the dissemination of influential scientific, financial, or statistical information set forth in the Environmental Protection Agency’s Guidelines for Ensuring and Maximizing the Quality, Objectivity, Utility, and Integrity of Information Disseminated by the Environmental Protection Agency, developed in response to guidelines issued by the Office of Management and Budget under section 515(a) of the Treasury and General Government Appropriations Act for Fiscal Year 2001 ( Public Law 106–554 ). (2) Probability, uncertainty, and consequence In order to maximize the quality and utility of information developed through the study, the Administrator shall ensure that identification of the possible impacts of hydraulic fracturing on drinking water resources included in such reports be accompanied by objective estimates of the probability, uncertainty, and consequence of each identified impact, taking into account the risk management practices of States and industry. Estimates or descriptions of probability, uncertainty, and consequence shall be as quantitative as possible given the validity, accuracy, precision, and other quality attributes of the underlying data and analyses, but no more quantitative than the data and analyses can support.

https://www.govinfo.gov/content/pkg/BILLS-113hr2850ih/xml/BILLS-113hr2850ih.xml

113-hr-2851

I 113th CONGRESS 1st Session H. R. 2851 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Conyers (for himself, Mrs. Beatty , Mr. Bishop of Georgia , Mr. Carson of Indiana , Mrs. Christensen , Ms. Chu , Ms. Clarke , Mr. Clay , Mr. Cohen , Mr. Cummings , Ms. DeGette , Mr. Dingell , Ms. Edwards , Mr. Ellison , Mr. Farr , Ms. Fudge , Mr. Grijalva , Mr. Gutiérrez , Mr. Hinojosa , Mr. Honda , Ms. Jackson Lee , Mr. Larsen of Washington , Ms. Lee of California , Mr. Lewis , Ms. McCollum , Mr. Meeks , Ms. Moore , Mr. Nadler , Mrs. Napolitano , Ms. Norton , Mr. Payne , Mr. Peters of Michigan , Mr. Rangel , Mr. Richmond , Ms. Schakowsky , Mr. Scott of Virginia , Mr. Serrano , Mr. Thompson of Mississippi , Mr. Van Hollen , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To eliminate racial profiling by law enforcement, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the End Racial Profiling 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. Definitions. Title I—Prohibition of Racial Profiling Sec. 101. Prohibition. Sec. 102. Enforcement. Title II—Programs to Eliminate Racial Profiling By Federal Law Enforcement Agencies Sec. 201. Policies to eliminate racial profiling. Title III—Programs to Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies Sec. 301. Policies required for grants. Sec. 302. Involvement of Attorney General. Sec. 303. Data collection demonstration project. Sec. 304. Best practices development grants. Title IV—Data Collection Sec. 401. Attorney General to issue regulations. Sec. 402. Duties of the Bureau of Justice Statistics. Sec. 403. Limitations on publication of data. Title V—Department of Justice Regulations and Reports on Racial Profiling in the United States Sec. 501. Attorney General to issue regulations and reports. Title VI—Miscellaneous Provisions Sec. 601. Severability. Sec. 602. Savings clause. 2. Definitions In this Act: (1) Covered program The term covered program means any program or activity funded in whole or in part with funds made available under— (A) the Edward Byrne Memorial Justice Assistance Grant Program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ); and (B) the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ), except that no program, project, or other activity specified in section 1701(b)(13) of such part shall be a covered program under this paragraph. (2) Governmental body The term governmental body means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government. (3) Hit rate The term hit rate means the percentage of stops and searches in which a law enforcement officer finds drugs, a gun, or something else that leads to an arrest. The hit rate is calculated by dividing the total number of searches by the number of searches that yield contraband. The hit rate is complementary to the rate of false stops. (4) Indian tribe The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). (5) Law enforcement agency The term law enforcement agency means any Federal, State, local, or Indian tribal public agency engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (6) Law enforcement agent The term law enforcement agent means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (7) Racial profiling (A) Definition The term racial profiling means the practice of a law enforcement agent or agency relying, to any degree, on race, ethnicity, national origin, gender, or religion— (i) in selecting which individual to subject to routine or spontaneous investigatory activities; or (ii) in deciding upon the scope and substance of law enforcement activity following the initial investigatory activity. (B) Exception The term racial profiling does not include a practice of a law enforcement agent or agency that relies on race, ethnicity, national origin, gender, or religion when there is trustworthy information, relevant to the locality and timeframe, that links a person of a particular race, ethnicity, national origin, gender, or religion to an identified criminal incident or scheme. (8) Routine or spontaneous investigatory activities The term routine or spontaneous investigatory activities means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection and analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters about which statistical information is compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics. (9) Reasonable request The term reasonable request means all requests for information, except for those that— (A) are immaterial to the investigation; (B) would result in the unnecessary disclosure of personal information; or (C) would place a severe burden on the resources of the law enforcement agency given its size. (10) State The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (11) Unit of local government The term unit of local government means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or (C) any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior. I Prohibition of Racial Profiling 101. Prohibition No law enforcement agent or law enforcement agency shall engage in racial profiling. 102. Enforcement (a) Remedy The United States, or an individual injured by racial profiling, may enforce this title in a civil action for declaratory or injunctive relief, filed either in a State court of general jurisdiction or in a district court of the United States. (b) Parties In any action brought under this title, relief may be obtained against— (1) any governmental body that employed any law enforcement agent who engaged in racial profiling; (2) any agent of such body who engaged in racial profiling; and (3) any person with supervisory authority over such agent. (c) Nature of proof Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities shall constitute prima facie evidence of a violation of this title. (d) Attorney’s fees In any action or proceeding to enforce this title against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fee. II Programs to Eliminate Racial Profiling By Federal Law Enforcement Agencies 201. Policies to eliminate racial profiling (a) In general Federal law enforcement agencies shall— (1) maintain adequate policies and procedures designed to eliminate racial profiling; and (2) cease existing practices that permit racial profiling. (b) Policies The policies and procedures described in subsection (a)(1) shall include— (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of Federal law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; (4) procedures for receiving, investigating, and responding meaningfully to complaints alleging racial profiling by law enforcement agents; and (5) any other policies and procedures the Attorney General determines to be necessary to eliminate racial profiling by Federal law enforcement agencies. III Programs to Eliminate Racial Profiling By State, Local, and Indian Tribal Law Enforcement Agencies 301. Policies required for grants (a) In general An application by a State, a unit of local government, or a State, local, or Indian tribal law enforcement agency for funding under a covered program shall include a certification that such State, unit of local government, or law enforcement agency, and any law enforcement agency to which it will distribute funds— (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has eliminated any existing practices that permit or encourage racial profiling. (b) Policies The policies and procedures described in subsection (a)(1) shall include— (1) a prohibition on racial profiling; (2) training on racial profiling issues as part of law enforcement training; (3) the collection of data in accordance with the regulations issued by the Attorney General under section 401; and (4) participation in an administrative complaint procedure or independent audit program that meets the requirements of section 302 . (c) Effective date This section shall take effect 12 months after the date of enactment of this Act. 302. Involvement of Attorney General (a) Regulations (1) In general Not later than 6 months after the date of enactment of this Act and in consultation with stakeholders, including Federal, State, tribal, and local law enforcement agencies and community, professional, research, and civil rights organizations, the Attorney General shall issue regulations for the operation of administrative complaint procedures and independent audit programs to ensure that such procedures and programs provide an appropriate response to allegations of racial profiling by law enforcement agents or agencies. (2) Guidelines The regulations issued under paragraph (1) shall contain guidelines that ensure the fairness, effectiveness, and independence of the administrative complaint procedures and independent auditor programs. (b) Noncompliance If the Attorney General determines that the recipient of a grant from any covered program is not in compliance with the requirements of section 301 or the regulations issued under subsection (a) , the Attorney General shall withhold, in whole or in part (at the discretion of the Attorney General), funds for 1 or more grants to the recipient under the covered program, until the recipient establishes compliance. (c) Private parties The Attorney General shall provide notice and an opportunity for private parties to present evidence to the Attorney General that a recipient of a grant from any covered program is not in compliance with the requirements of this title. 303. Data collection demonstration project (a) Competitive awards (1) In general The Attorney General may, through competitive grants or contracts, carry out a 2-year demonstration project for the purpose of developing and implementing data collection programs on the hit rates for stops and searches by law enforcement agencies. The data collected shall be disaggregated by race, ethnicity, national origin, gender, and religion. (2) Number of grants The Attorney General shall provide not more than 5 grants or contracts under this section. (3) Eligible grantees Grants or contracts under this section shall be awarded to law enforcement agencies that serve communities where there is a significant concentration of racial or ethnic minorities and that are not already collecting data voluntarily. (b) Required activities Activities carried out with a grant or contract under this section shall include— (1) developing a data collection tool, compiling data related to hit rates, and reporting the compiled data to the Attorney General; and (2) training of law enforcement personnel on data collection, particularly for data collection on hit rates for stops and searches. (c) Evaluation Not later than 3 years after the date of enactment of this Act, the Attorney General shall enter into a contract with an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) to analyze the data collected by each of the law enforcement agencies funded under this section. (d) Authorization of appropriations There are authorized to be appropriated to carry out activities under this section— (1) $5,000,000, over a 2-year period, to carry out the demonstration program under subsection (a) ; and (2) $500,000 to carry out the evaluation under subsection (c) . 304. Best practices development grants (a) Grant authorization The Attorney General, through the Bureau of Justice Assistance, may make grants to States, local law enforcement agencies, and units of local government to develop and implement best practice devices and systems to eliminate racial profiling. (b) Use of funds The funds provided under subsection (a) shall be used for programs that include the following purposes: (1) The development and implementation of training to prevent racial profiling and to encourage more respectful interaction with the public. (2) The acquisition and use of technology to facilitate the accurate collection and analysis of data related to racial profiling. (3) The development and acquisition of feedback systems and technologies that identify officers or units of officers engaged in, or at risk of engaging in, racial profiling or other misconduct. (4) The establishment and maintenance of an administrative complaint procedure or independent auditor program that meets the requirements of section 302. (c) Equitable distribution The Attorney General shall ensure that grants under this section are awarded in a manner that reserves an equitable share of funding for small and rural law enforcement agencies. (d) Application Each State, local law enforcement agency, or unit of local government desiring a grant under this section shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may require. IV Data Collection 401. Attorney General to issue regulations (a) Regulations Not later than 6 months after the date of enactment of this Act, the Attorney General, in consultation with stakeholders, including Federal, State, and local law enforcement agencies and community, professional, research, and civil rights organizations, shall issue regulations for the collection and compilation of data under sections 201 and 301. (b) Requirements The regulations issued under subsection (a) shall— (1) provide for the collection of data on all routine or spontaneous investigatory activities; (2) provide that the data collected shall— (A) be collected by race, ethnicity, national origin, gender, and religion, as perceived by the law enforcement officer; (B) include the date, time, and location of such investigatory activities; (C) include detail sufficient to permit an analysis of whether a law enforcement agency is engaging in racial profiling; and (D) not include personally identifiable information described in section 403; (3) provide that a standardized form shall be made available to law enforcement agencies for the submission of collected data to the Department of Justice; (4) provide that law enforcement agencies shall compile data on the standardized form made available under paragraph (3) , and submit the form to the Civil Rights Division and the Department of Justice Bureau of Justice Statistics; (5) provide that law enforcement agencies shall maintain all data collected under this Act for not less than 4 years; (6) include guidelines for setting comparative benchmarks, consistent with best practices, against which collected data shall be measured; and (7) provide for the protection of the privacy of individuals whose data is collected by— (A) limiting the use and disclosure of the data collected under this Act to the purposes set forth in this Act; (B) except as otherwise provided in this Act, limiting access to the data collected under this Act to those Federal, State, local, or tribal employees or agents who require such access in order to fulfill the purposes for the data set forth in this Act; (C) requiring contractors or other non-governmental agents who are permitted access to the data collected under this Act to sign use agreements incorporating the use and disclosure restrictions set forth in subparagraph (A); and (D) requiring the maintenance of adequate security measures to prevent unauthorized access to the data collected under this Act. 402. Duties of the Bureau of Justice Statistics (a) Analysis and reports The Department of Justice Bureau of Justice Statistics shall— (1) analyze the data collected under sections 201 and 301 for any statistically significant disparities, including— (A) disparities in the percentage of drivers or pedestrians stopped relative to the proportion of the population passing through the neighborhood; (B) disparities in the hit rate; and (C) disparities in the frequency of searches performed on minority drivers and the frequency of searches performed on non-minority drivers; and (2) not later than 3 years after the date of enactment of this Act, and annually thereafter— (A) prepare a report regarding the findings of the analysis conducted under paragraph (1) ; (B) provide such report to Congress and the Attorney General; and (C) make such report available to the public, including on a Web site of the Department of Justice. (b) Publication of data The Department of Justice Bureau of Justice Statistics shall provide to Congress and make available to the public, together with each annual report described in subsection (a)(2) , the data collected pursuant to this Act, excluding any personally identifiable information described in section 403 . 403. Limitations on publication of data The name or identifying information of a law enforcement officer, complainant, or any other individual involved in any activity for which data is collected and compiled under this Act shall not be— (1) released to the public; (2) disclosed to any person, except for— (A) such disclosures as are necessary to comply with this Act; (B) disclosures of information regarding a particular person to that person; or (C) disclosures pursuant to litigation; or (3) subject to disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act), except for disclosures of information regarding a particular person to that person. V Department of Justice Regulations and Reports on Racial Profiling in the United States 501. Attorney General to issue regulations and reports (a) Regulations In addition to the regulations required under sections 302 and 401, the Attorney General shall issue such other regulations as the Attorney General determines are necessary to implement this Act. (b) Reports (1) In general Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit to Congress a report on racial profiling by law enforcement agencies. (2) Scope Each report submitted under paragraph (1) shall include— (A) a summary of data collected under sections 201(b)(3) and 301(b)(3) and from any other reliable source of information regarding racial profiling in the United States; (B) a discussion of the findings in the most recent report prepared by the Department of Justice Bureau of Justice Statistics under section 401(b)(7); (C) the status of the adoption and implementation of policies and procedures by Federal law enforcement agencies under section 201 and by the State and local law enforcement agencies under sections 301 and 302; and (D) a description of any other policies and procedures that the Attorney General believes would facilitate the elimination of racial profiling. VI Miscellaneous Provisions 601. Severability If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the remaining provisions of this Act to any person or circumstance shall not be affected thereby. 602. Savings clause Nothing in this Act shall be construed— (1) to limit legal or administrative remedies under section 1979 of the Revised Statutes of the United States ( 42 U.S.C. 1983 ), section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C. 14141 ), the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3701 et seq. ), or title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ); (2) to affect any Federal, State, or tribal law that applies to an Indian tribe because of the political status of the tribe; or (3) to waive the sovereign immunity of an Indian tribe without the consent of the tribe.

https://www.govinfo.gov/content/pkg/BILLS-113hr2851ih/xml/BILLS-113hr2851ih.xml

113-hr-2852

I 113th CONGRESS 1st Session H. R. 2852 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. George Miller of California (for himself, Ms. DeLauro , Mr. Nadler , Mr. Conyers , Mr. Langevin , Ms. Clarke , and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Age Discrimination in Employment Act of 1967 and other laws to clarify appropriate standards for Federal employment discrimination and retaliation claims, and for other purposes. 1. Short title This Act may be cited as the Protecting Older Workers Against Discrimination Act . 2. Findings and purposes (a) Findings Congress finds the following: (1) In enacting section 107 of the Civil Rights Act of 1991 (adding section 703(m) of the Civil Rights Act of 1964), Congress reaffirmed its understanding that unlawful discrimination is often difficult to detect and prove because discriminators do not usually admit their discrimination and often try to conceal their true motives. Section 703(m) of the Civil Rights Act of 1964 expressly approved so-called “mixed motive” claims, providing that an unlawful employment practice is established when a protected characteristic was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Congress enacted amendments to other civil rights statutes, including the Age Discrimination in Employment Act of 1967 (referred to in this section as the ADEA ), the Americans with Disabilities Act of 1990, and the Rehabilitation Act of 1973, but Congress did not expressly amend those statutes to address mixed motive discrimination. (3) In the case of Gross v. FBL Financial Services, Inc., 557 U.S. 167 (2009), the Supreme Court held that, because Congress did not expressly amend the ADEA to address mixed motive claims, such claims were unavailable under the ADEA, and instead the complainant bears the burden of proving that a protected characteristic or protected activity was the “but for” cause of an unlawful employment practice. This decision has significantly narrowed the scope of protections afforded by the statutes that were not expressly amended in 1991 to address mixed motive claims. (b) Purposes The purposes of this Act are— (1) to clarify congressional intent that mixed motive claims shall be available, and that a complaining party need not prove that a protected characteristic or protected activity was the “but for” cause of an unlawful employment practice, under the ADEA and similar civil rights provisions; (2) to reject the Supreme Court’s reasoning in the Gross decision that Congress’ failure to amend any statute other than title VII of the Civil Rights Act of 1964 (with respect to discrimination claims), in enacting section 107 of the Civil Rights Act of 1991, suggests that Congress intended to disallow mixed motive claims under other statutes; and (3) to clarify that complaining parties— (A) may rely on any type or form of admissible evidence to establish their claims of an unlawful employment practice; (B) are not required to demonstrate that the protected characteristic or activity was the sole cause of the employment practice; and (C) may demonstrate an unlawful employment practice through any available method of proof or analytical framework. 3. Standards of proof (a) Age discrimination in employment Act of 1967 (1) Clarifying prohibition against impermissible consideration of age in employment practices Section 4 of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 623 ) is amended by inserting after subsection (f) the following: (g) (1) Except as otherwise provided in this Act, an unlawful practice is established under this Act when the complaining party demonstrates that age or an activity protected by subsection (d) was a motivating factor for any practice, even though other factors also motivated the practice. (2) In establishing an unlawful practice under this Act, including under paragraph (1) or by any other method of proof, a complaining party— (A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that an unlawful practice occurred under this Act; and (B) shall not be required to demonstrate that age or an activity protected by subsection (d) was the sole cause of a practice. . (2) Remedies Section 7 of such Act ( 29 U.S.C. 626 ) is amended— (A) in subsection (b)— (i) in the first sentence, by striking The and inserting (1) The ; (ii) in the third sentence, by striking Amounts and inserting the following: (2) Amounts ; (iii) in the fifth sentence, by striking Before and inserting the following: (4) Before ; and (iv) by inserting before paragraph (4), as designated by clause (iii) of this subparagraph, the following: (3) On a claim in which an individual demonstrates that age was a motivating factor for any employment practice, under section 4(g)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— (A) may grant declaratory relief, injunctive relief (except as provided in subparagraph (B)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 4(g)(1); and (B) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. ; and (B) in subsection (c)(1), by striking Any and inserting Subject to subsection (b)(3), any . (3) Definitions Section 11 of such Act ( 29 U.S.C. 630 ) is amended by adding at the end the following: (m) The term demonstrates means meets the burdens of production and persuasion. . (4) Federal employees Section 15 of such Act ( 29 U.S.C. 633a ) is amended by adding at the end the following: (h) Sections 4(g) and 7(b)(3) shall apply to mixed motive claims (involving practices described in section 4(g)(1)) under this section. . (b) Title VII of the Civil Rights Act of 1964 (1) Clarifying prohibition against impermissible consideration of race, color, religion, sex, or national origin in employment practices Section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ) is amended by striking subsection (m) and inserting the following: (m) Except as otherwise provided in this title, an unlawful employment practice is established under this title when the complaining party demonstrates that race, color, religion, sex, or national origin or an activity protected by section 704(a) was a motivating factor for any employment practice, even though other factors also motivated the practice. . (2) Federal employees Section 717 of such Act ( 42 U.S.C. 2000e–16 ) is amended by adding at the end the following: (g) Sections 703(m) and 706(g)(2)(B) shall apply to mixed motive cases (involving practices described in section 703(m)) under this section. . (c) Americans With Disabilities Act of 1990 (1) Definitions Section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) is amended by adding at the end the following: (11) Demonstrates The term demonstrates means meets the burdens of production and persuasion. . (2) Clarifying prohibition against impermissible consideration of disability in employment practices Section 102 of such Act ( 42 U.S.C. 12112 ) is amended by adding at the end the following: (e) Proof (1) Establishment Except as otherwise provided in this Act, a discriminatory practice is established under this Act when the complaining party demonstrates that disability or an activity protected by subsection (a) or (b) of section 503 was a motivating factor for any employment practice, even though other factors also motivated the practice. (2) Demonstration In establishing a discriminatory practice under paragraph (1) or by any other method of proof, a complaining party— (A) may rely on any type or form of admissible evidence and need only produce evidence sufficient for a reasonable trier of fact to find that a discriminatory practice occurred under this Act; and (B) shall not be required to demonstrate that disability or an activity protected by subsection (a) or (b) of section 503 was the sole cause of an employment practice. . (3) Certain antiretaliation claims Section 503(c) of such Act (42 U.S.C. 12203(c)) is amended— (A) by striking The remedies and inserting the following: (1) In general Except as provided in paragraph (2), the remedies ; and (B) by adding at the end the following: (2) Certain antiretaliation claims Section 107(c) shall apply to claims under section 102(e)(1) with respect to title I. . (4) Remedies Section 107 of such Act ( 42 U.S.C. 12117 ) is amended by adding at the end the following: (c) Discriminatory motivating factor On a claim in which an individual demonstrates that disability was a motivating factor for any employment practice, under section 102(e)(1), and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court— (1) may grant declaratory relief, injunctive relief (except as provided in paragraph (2)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 102(e)(1); and (2) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment. . (d) Rehabilitation Act of 1973 (1) In general Sections 501(g), 503(d), and 504(d) of the Rehabilitation Act of 1973 ( 29 U.S.C. 791(g) , 793(d), and 794(d)), are each amended by adding after the words title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq. ) the following: , including the standards of causation or methods of proof applied under section 102(e) of that Act ( 42 U.S.C. 12112(e) ), . (2) Federal employees The amendment made by paragraph (1) to section 501(g) shall be construed to apply to all employees covered by section 501. 4. Application This Act, and the amendments made by this Act, shall apply to all claims pending on or after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr2852ih/xml/BILLS-113hr2852ih.xml

113-hr-2853

I 113th CONGRESS 1st Session H. R. 2853 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Lipinski (for himself, Mr. Mullin , Mr. DeFazio , Mr. Michaud , Mr. Peterson , and Mr. Polis ) 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 public disclosure of charges for certain hospital and ambulatory surgical center treatment episodes. 1. Short title This Act may be cited as the Hospital Price Transparency and Disclosure Act of 2013 . 2. Public disclosure of hospital data Part B of title II of the Public Health Service Act ( 42 U.S.C. 238 et seq. ) is amended by adding at the end the following new section: 249. Data reporting by hospitals and ambulatory surgical centers and public posting (a) Semiannual reporting requirement Not later than 80 days after the end of each semiannual period beginning January 1 or July 1 (beginning more than one year after the date of the enactment of this section), a hospital and an ambulatory surgical center shall report to the Secretary the following data: (1) In the case of a hospital— (A) the frequency of occurrence for such hospital during such period of each treatment episode identified under subsection (c)(1) for a condition or disease selected under subparagraph (A) or (B) of such subsection (or updated under subsection (c)(3)), furnished in an inpatient or outpatient setting, respectively; and (B) if care was furnished for such a treatment episode by such hospital during such period— (i) the total number of such treatment episodes for which care was so furnished by the hospital during such period; (ii) the insured individual average charge (as computed under subsection (e)(3)) by the hospital for such treatment episode during such period; and (iii) the uninsured individual average charge (as computed under subsection (e)(4)) by the hospital for such treatment episode during such period. (2) In the case of an ambulatory surgical center— (A) the frequency of occurrence for such center during such period of each treatment episode identified under subsection (c)(1) for a condition or disease selected under subparagraph (C) of such subsection (or updated under subsection (c)(3)); and (B) if care was furnished for such a treatment episode by such center during such period— (i) the total number of such treatment episodes for which care was so furnished by the center during such period; (ii) the insured individual average charge (as computed under subsection (e)(3)) by the center for such episode during such period; and (iii) the uninsured individual average charge (as computed under subsection (e)(4)) by the center for such episode during such period. (b) Public availability of data (1) Public posting of data The Secretary shall promptly post, on the official public Internet site of the Department of Health and Human Services, the data reported under subsection (a) and an appropriate link, with respect to a hospital or center for which the data is reported, to other consumer quality information maintained on such site (or a site maintained by the Centers for Medicare & Medicaid Services) relating to the hospital or center. Such data shall be set forth in a manner that promotes charge comparison among hospitals and among ambulatory surgical centers. (2) Notice of availability A hospital and an ambulatory surgical center shall prominently post at each admission site of the hospital or center a notice of the availability of the data reported under subsection (a) on the official public Internet site under paragraph (1). (c) Specification of treatment episodes For purposes of this section: (1) In general The Secretary shall identify treatment episodes for each of the following: (A) The 100 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in a hospital inpatient setting. (B) The 100 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in a hospital outpatient setting. (C) The 100 conditions and diseases selected by the Secretary as being the most frequently treated conditions and diseases in an ambulatory surgical center setting. (2) Agreement with IOM In carrying out paragraph (1), the Secretary may enter into an agreement with the Institute of Medicine to define a treatment episode for any condition or disease selected by the Secretary under this subsection. Such a definition may take into account the varying complexity associated with respect to different treatments. (3) Updating selection The Secretary shall periodically update the conditions and diseases selected under paragraph (1). (d) Civil money penalty The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of subsection (a) or (b)(2) by a hospital or an ambulatory surgical center. The provisions of subsection (i)(2) of section 351A shall apply with respect to civil money penalties under this subsection in the same manner as such provisions apply to civil money penalties under subsection (i)(1) of such section. (e) Administrative provisions (1) In general The Secretary shall prescribe such regulations and issue such guidelines as may be required to carry out this section. (2) Classification of services The regulations and guidelines under paragraph (1) shall include rules on the classification of different treatment episodes and the assignment of items and procedures to those episodes. (3) Computation of insured individual average charges (A) In general For purposes of subsections (a)(1)(B)(ii) and (a)(2)(B)(ii), an insured individual average charge for a treatment episode, with respect to a hospital or ambulatory surgical center during a period, shall be computed as the average of the rates (including any applicable copayment, coinsurance, other cost sharing, or other fees, such as facility fees, associated with treatment in the hospital or center) for such episode that have been negotiated by the hospital or ambulatory surgical center, respectively, with the 5 most used health insurance providers for such hospital or center during such period. (B) 5 most used health insurance providers For purposes of subparagraph (A), the 5 most used health insurance providers, with respect to a hospital or ambulatory surgical center during a period, are the 5 group health plans or insurance issuers offering health insurance coverage— (i) that have negotiated with the hospital or center a rate for the treatment episode involved; and (ii) the enrollees of which represent the highest number of patients of the hospital or center, respectively. (4) Computation of uninsured individual average charges (A) In general For purposes of subsections (a)(1)(B)(iii) and (a)(2)(B)(iii), an uninsured individual average charge for a treatment episode, with respect to a hospital or ambulatory surgical center during a period, shall be computed as the average of the total amounts charged for such an episode for which care was furnished to an uninsured individual by such hospital or ambulatory surgical center during such period. (B) Uninsured individual defined For purposes of subparagraph (A), the term uninsured individual means, with respect to care furnished to the individual by a hospital or ambulatory surgical center, an individual who does not have insurance or other third-party contractual benefits that provides payment for costs incurred for such care. (5) Form of report and notice The regulations and guidelines under paragraph (1) shall specify the electronic form and manner by which a hospital or an ambulatory surgical center shall report data under subsection (a) and the form for posting of notices under subsection (b)(2). (f) Rules of Construction (1) Non-preemption of State laws Nothing in this section shall be construed as preempting or otherwise affecting any provision of State law relating to the disclosure of charges or other information for a hospital or an ambulatory surgical center. (2) Charges Nothing in this section shall be construed to regulate or set hospital or ambulatory surgical center charges. (g) Hospital and ambulatory surgical center defined For purposes of this section, the terms hospital and ambulatory surgical center have the meaning given such terms by the Secretary. .

https://www.govinfo.gov/content/pkg/BILLS-113hr2853ih/xml/BILLS-113hr2853ih.xml

113-hr-2854

I 113th CONGRESS 1st Session H. R. 2854 IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Mr. Hastings of Washington (for himself, Mr. Miller of Florida , Mrs. Blackburn , Mr. Cooper , Mr. Conaway , Ms. DelBene , Mr. Duncan of Tennessee , Mr. Fincher , Ms. Granger , Mr. Hall , Mr. Heck of Washington , Mr. Heck of Nevada , Mr. Hinojosa , Ms. Herrera Beutler , Mr. Kilmer , Mrs. Lummis , Mr. McDermott , Mr. Nugent , Mr. Radel , and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make permanent the deduction of State and local general sales taxes. 1. Permanent extension of deduction of State and local general sales taxes Subparagraph (I) of section 164(b)(5) of the Internal Revenue Code of 1986 is amended by striking , and before January 1, 2014 .

https://www.govinfo.gov/content/pkg/BILLS-113hr2854ih/xml/BILLS-113hr2854ih.xml

113-hr-2855

IB Union Calendar No. 133 113th CONGRESS 1st Session H. R. 2855 [Report No. 113–185] IN THE HOUSE OF REPRESENTATIVES July 30, 2013 Ms. Granger , from the Committee on Appropriations , reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2014, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2014, and for other purposes, namely: I Department of state and related agency Department of state Administration of foreign affairs Diplomatic and consular programs For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, $5,666,032,000, of which up to $1,791,174,000 is for Worldwide Security Protection (to remain available until expended): Provided , That funds made available under this heading shall be allocated as follows: (1) Human resources For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948, $2,069,218,000, to remain available until September 30, 2015, of which up to $255,866,000 is for Worldwide Security Protection and shall remain available until expended. (2) Overseas programs For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $1,202,401,000, to remain available until September 30, 2015. (3) Diplomatic policy and support For necessary expenses for the functional bureaus of the Department of State, including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms control, nonproliferation and disarmament activities as authorized, $754,890,000, to remain available until September 30, 2015. (4) Security programs For necessary expenses for security activities, $1,639,523,000, to remain available until September 30, 2015, of which up to $1,535,308,000 is for Worldwide Security Protection and shall remain available until expended. (5) Fees and payments collected In addition to amounts otherwise made available under this heading— (A) not to exceed $1,806,600 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $520,150, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; (B) as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (C) not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities. (6) Transfer, reprogramming, and other matters (A) Notwithstanding any provision of this Act, funds may be reprogrammed within and between subsections under this heading subject to section 7015 of this Act; (B) Of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made available by this Act under the heading Emergencies in the Diplomatic and Consular Service , to be available only for emergency evacuations and rewards, as authorized; (C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to 31 U.S.C. 1108(g) , for the field examination of programs and activities in the United States funded from any account contained in this title; (D) Of the amount made available under this heading, up to $9,400,000 may be transferred to, and merged with, funds made available by this Act under the heading Department of State, Administration of Foreign Affairs, Payment to the American Institute in Taiwan : Provided , That the transfer authority of this subparagraph is in addition to any other transfer authority available to the Secretary of State; (E) Of the amount made available under this heading, up to $30,000,000, to remain available until expended, may be transferred to, and merged with, funds previously made available under the heading Conflict Stabilization Operations in title I of prior acts making appropriations for the Department of State, foreign operations, and related programs; and (F) None of the funds appropriated or otherwise made available under this heading shall be available for the Ambassador’s Fund for Cultural Preservation. Capital investment fund For necessary expenses of the Capital Investment Fund, $76,900,000, to remain available until expended, as authorized: Provided , That section 135(e) of Public Law 103–236 shall not apply to funds available under this heading. Office of inspector general For necessary expenses of the Office of Inspector General, $59,406,000. Educational and cultural exchange programs For expenses of educational and cultural exchange programs, as authorized, $438,847,000, to remain available until expended: Provided , That not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor programs as authorized. Representation expenses For representation allowances as authorized, $6,933,000. Protection of foreign missions and officials For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $25,642,000, to remain available until September 30, 2015. Embassy security, construction, and maintenance For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 ( 22 U.S.C. 292–303 ), preserving, maintaining, repairing, and planning for buildings that are owned or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building, and carrying out the Diplomatic Security Construction Program as authorized, $785,351,000, to remain available until expended as authorized, of which not to exceed $25,000 may be used for domestic and overseas representation expenses as authorized: Provided , That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies. In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $1,614,000,000, to remain available until expended: Provided , That not later than 45 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations the proposed allocation of funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2014. Emergencies in the diplomatic and consular service For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, $8,832,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading Repatriation Loans Program Account , subject to the same terms and conditions. Repatriation loans program account For the cost of direct loans, $1,374,000, as authorized: 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 $2,690,000. Payment to the american institute in taiwan For necessary expenses to carry out the Taiwan Relations Act ( Public Law 96–8 ), $20,046,000. Payment to the foreign service retirement and disability fund For payment to the Foreign Service Retirement and Disability Fund, as authorized, $158,900,000. International organizations Contributions to international organizations For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $671,625,000: Provided , That the Secretary of State shall, at the time of the submission of the President's budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further , That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further , That the Secretary of State shall report to the Committees on Appropriations not later than May 1, 2014, on any credits available to the United States, including from the United Nations Tax Equalization Fund (TEF), and provide updated fiscal year 2015 assessment costs including offsets from available TEF credits and updated foreign currency exchange rates: Provided further , That any such credits shall only be available for United States assessed contributions to the United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That any payment of arrearages under this heading shall be directed toward activities that are mutually agreed upon by the United States and the respective international organization: Provided further , That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings. Contributions for international peacekeeping activities For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,680,827,000, to remain available until September 30, 2015: Provided , That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for a new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified: (1) of the estimated cost and duration of the mission, the national interest that will be served, and the exit strategy; (2) that the United Nations has taken necessary measures to prevent United Nations employees, contractor personnel, and peacekeeping troops serving in the mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation or other violations of human rights, and to bring to justice individuals who engage in such acts while participating in the peacekeeping mission, including prosecution in their home countries of such individuals in connection with such acts, and to make information about such cases publicly available in the country in which an alleged crime occurs and on the United Nations’ Web site; and (3) pursuant to section 7015 of this Act, and the procedures therein followed, of the source of funds that will be used to pay the cost of the new or expanded mission: Provided further , That funds shall be available for peacekeeping expenses unless the Secretary of State determines that American manufacturers and suppliers are not being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers: Provided further , That the Secretary of State shall work with the United Nations and foreign governments contributing peacekeeping troops to implement effective vetting procedures to ensure that such troops have not violated human rights: Provided further , That none of the funds appropriated or otherwise made available under this heading may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President's military advisors have submitted to the President a recommendation that such involvement is in the national interests of the United States and the President has submitted such a recommendation to the Congress: Provided further , That the Secretary of State shall report to the Committees on Appropriations not later than May 1, 2014, of any credits available to the United States, including those resulting from United Nations peacekeeping missions or the United Nations Tax Equalization Fund: Provided further , That any such credits shall only be available for United States assessed contributions to the United Nations and shall be subject to the regular notification procedures of the Committees on Appropriations. International commissions For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: International boundary and water commission, united states and mexico For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation expenses; as follows: Salaries and expenses For salaries and expenses, not otherwise provided for, $41,249,000. Construction For detailed plan preparation and construction of authorized projects, $27,675,000, to remain available until expended, as authorized. American sections, international commissions For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and the Border Environment Cooperation Commission as authorized by Public Law 103–182 , $11,335,000: Provided , That of the amount provided under this heading for the International Joint Commission, $9,000 may be made available for representation expenses. International fisheries commissions For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $31,445,000: Provided , That the United States share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324. Related Agency Broadcasting board of governors International broadcasting operations For necessary expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio and television broadcasting to the Middle East, $691,578,000: Provided , That funds appropriated under this heading shall be made available to expand unrestricted access to information on the Internet through the development and use of circumvention and secure communication technologies: Provided further , That the circumvention technologies and programs supported by such funds shall undergo a review, to include an assessment of protections against such technologies being used for illicit purposes: Provided further , That of the total amount appropriated under this heading, not to exceed $35,000 may be used for representation expenses, of which $10,000 may be used for representation expenses within the United States as authorized, and not to exceed $30,000 may be used for representation expenses of Radio Free Europe/Radio Liberty: Provided further , That the BBG shall notify the Committees on Appropriations within 15 days of any determination by the Board that any of its broadcast entities, including its grantee organizations, provides an open platform for international terrorists or those who support international terrorism, or is in violation of the principles and standards set forth in subsections (a) and (b) of section 303 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 ) or the entity's journalistic code of ethics: Provided further , That significant modifications to BBG broadcast hours previously justified to Congress, including changes to transmission platforms (shortwave, medium wave, satellite, Internet, and television), for all BBG language services shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $2,000,000 in receipts from advertising and revenue from business ventures, up to $500,000 in receipts from cooperating international organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes. Broadcasting capital improvements For the purchase, rent, construction, and improvement of facilities for radio, television, and digital transmission and reception, and purchase and installation of necessary equipment for radio, television, and digital transmission and reception, including to Cuba, as authorized, $7,000,000, to remain available until expended, as authorized. Related Programs The asia foundation For a grant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U.S.C. 4402 ), $13,000,000, to remain available until expended, as authorized. United states institute of peace For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act, $10,705,000, to remain available until September 30, 2015, which shall not be used for construction activities. Center for middle eastern-Western dialogue trust fund For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as authorized by section 633 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 ( 22 U.S.C. 2078 ), the total amount of the interest and earnings accruing to such Fund on or before September 30, 2014, to remain available until expended. Eisenhower exchange fellowship program For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 ( 20 U.S.C. 5204–5205 ), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2014, to remain available until expended: Provided , That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376 ; or for purposes which are not in accordance with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal services. Israeli arab scholarship program For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 ( 22 U.S.C. 2452 ), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2014, to remain available until expended. National endowment for democracy For grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endowment for Democracy Act, $117,764,000, to remain available until expended, of which $100,000,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $17,764,000 shall be for democracy, human rights, and rule of law programs: Provided , That the President of the National Endowment for Democracy shall submit to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, a report on the proposed uses of funds under this heading on a regional and country basis. Other commissions Commission for the preservation of america’s heritage abroad Salaries and expenses For necessary expenses for the Commission for the Preservation of America's Heritage Abroad, $690,000, as authorized by section 1303 of Public Law 99–83 . United states commission on international religious freedom Salaries and expenses For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( Public Law 105–292 ), as amended, $3,500,000, including not more than $4,000 for representation expenses. Commission on security and cooperation in europe Salaries and expenses For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304 , $2,579,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2015. Congressional-Executive commission on the people's republic of china Salaries and expenses For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized by title III of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6911–6919 ), $2,000,000, including not more than $3,000 for representation expenses, to remain available until September 30, 2015. United states-China economic and security review commission Salaries and expenses For necessary expenses of the United States-China Economic and Security Review Commission, as authorized by section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( 22 U.S.C. 7002 ), $3,500,000, including not more than $4,000 for representation expenses, to remain available until September 30, 2015: Provided , That the authorities, requirements, limitations, and conditions contained in the second through sixth provisos under this heading in division F of Public Law 111–117 shall continue in effect during fiscal year 2014 and shall apply to funds appropriated under this heading as if included in this Act. II United states agency for international development Funds appropriated to the president Operating expenses For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $942,944,000, to remain available until September 30, 2015: Provided , That none of the funds appropriated under this heading and under the heading Capital Investment Fund in this title may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development (USAID), unless the USAID Administrator has identified such proposed use of funds in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of funds for such purposes: Provided further , That contracts or agreements entered into with funds appropriated under this heading during fiscal year 2015 may entail commitments for the expenditure of such funds through the following fiscal year: Provided further , That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to Operating Expenses in accordance with the provisions of those sections: Provided further , That of the funds appropriated or made available under this heading, not to exceed $250,000 may be available for representation and entertainment expenses of which not to exceed $5,000 may be available for entertainment expenses, for USAID during the current fiscal year: Provided further , That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. Capital investment fund For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $117,940,000, to remain available until expended: Provided , That this amount is in addition to funds otherwise available for such purposes: Provided further , That funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the Committees on Appropriations. Office of inspector general For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $44,162,000, to remain available until September 30, 2015, which sum shall be available for the Office of Inspector General of the United States Agency for International Development. III Bilateral economic assistance Funds appropriated to the president For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, as follows: Global health programs For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $2,505,000,000, to remain available until September 30, 2015, and which shall be apportioned directly to the United States Agency for International Development (USAID): Provided , That this amount shall be made available for training, equipment, and technical assistance to build the capacity of public health institutions and organizations in developing countries, and for such activities as: (1) child survival and maternal health programs; (2) immunization and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; and (6) family planning/reproductive health: Provided further , That funds appropriated under this paragraph may be made available for a United States contribution to the GAVI Alliance: Provided further , That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further , That any determination made under the previous proviso must be made no later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to make the determination: Provided further , That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further , That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further , That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further , That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual's decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAID Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further , That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further , That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term motivate , as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further , That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use. In addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, $5,670,000,000, to remain available until September 30, 2015, which shall be apportioned directly to the Department of State: Provided , That funds appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 ( Public Law 108–25 ), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further , That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2014 may be made available to USAID for technical assistance related to the activities of the Global Fund: Provided further , That of the funds appropriated under this paragraph, up to $14,250,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States Global AIDS Coordinator. Development assistance For necessary expenses to carry out the provisions of sections 103, 105, 106, 214, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $2,000,000,000, to remain available until September 30, 2015. International disaster assistance For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $772,602,000, to remain available until expended. Transition initiatives For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $43,755,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided , That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further , That the United States Agency for International Development (USAID) shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further , That if the Secretary of State determines that it is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further , That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations: Provided further , That funds made available under this heading shall be administered only by the Office of Transition Initiatives of the USAID. development credit authority (including transfer of funds) For the cost of direct loans and loan guarantees provided by the United States Agency for International Development (USAID), as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $40,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act: Provided , That funds provided under this paragraph and funds provided as a gift pursuant to section 635(d) of the Foreign Assistance Act of 1961 shall be made available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of such Act: Provided further , That such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further , That funds made available by this paragraph may be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan guarantees provided under this heading, except that the principal amount of loans made or guaranteed under this heading with respect to any single country shall not exceed $300,000,000: Provided further , That these funds are available to subsidize total loan principal, any portion of which is to be guaranteed, of up to $750,000,000. In addition, for administrative expenses to carry out credit programs administered by the USAID, $7,882,000, which may be transferred to, and merged with, funds made available under the heading Operating Expenses in title II of this Act: Provided , That funds made available under this heading shall remain available until September 30, 2016. Economic support fund For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $1,367,717,000, to remain available until September 30, 2015. Democracy fund For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, $111,500,000, to remain available until September 30, 2015, of which $70,500,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, and $41,000,000 shall be made available for the Office of Democracy, Human Rights, and Governance of the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development. Department of State Migration and refugee assistance For necessary expenses not otherwise provided for, to enable the Secretary of State to carry out the provisions of section 2(a) and (b) of the Migration and Refugee Assistance Act of 1962, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $1,264,400,000, to remain available until expended, of which not less than $35,000,000 shall be made available to respond to small-scale emergency humanitarian requirements: Provided , That $15,000,000 of the funds appropriated under this heading in this Act, or in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall be made available for refugees resettling in Israel: Provided further , That no amounts in the previous proviso may be made available from amounts that were designated by Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. United states emergency refugee and migration assistance fund For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended ( 22 U.S.C. 2601(c) ), $25,832,000, to remain available until expended. Independent Agencies Peace corps For necessary expenses to carry out the provisions of the Peace Corps Act ( 22 U.S.C. 2501–2523 ), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $356,135,000, of which $5,150,000 is for the Office of Inspector General, to remain available until September 30, 2015: Provided , That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by section 16 of the Peace Corps Act ( 22 U.S.C. 2515 ), an amount not to exceed $5,000,000: Provided further , That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further , That of the funds appropriated under this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further , That any decision to open, close, significantly reduce, or suspend a domestic or overseas office or country program shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that prior consultation and regular notification procedures may be waived when there is a substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further , That none of the funds appropriated under this heading shall be used to pay for abortions. Millennium challenge corporation For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (MCA), $701,900,000 to remain available until expended: Provided , That of the funds appropriated under this heading, up to $99,700,000 may be available for administrative expenses of the Millennium Challenge Corporation (the Corporation): Provided further , That section 605(e) of the MCA shall apply to funds appropriated under this heading: Provided further , That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further , That the Chief Executive Officer of the Corporation shall notify the Committees on Appropriations not later than 15 days prior to signing any new country compact; terminating or suspending any country compact or threshold country program; or commencing negotiations for any new compact: Provided further , That any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification procedures of the Committees on Appropriations prior to re-obligation: Provided further , That notwithstanding section 606(a)(2) of the MCA, a country shall be a candidate country for purposes of eligibility for assistance for the fiscal year if the country has a per capita income equal to or below the World Bank's lower middle income country threshold for the fiscal year and is among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the MCA: Provided further , That notwithstanding section 606(b)(1) of the MCA, in addition to countries described in the preceding proviso, a country shall be a candidate country for purposes of eligibility for assistance for the fiscal year if the country has a per capita income equal to or below the World Bank's lower middle income country threshold for the fiscal year and is not among the 75 lowest per capita income countries as identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the MCA: Provided further , That any Millennium Challenge Corporation candidate country under section 606 of the MCA with a per capita income that changes in the fiscal year such that the country would be reclassified from a low income country to a lower middle income country or from a lower middle income country to a low income country shall retain its candidacy status in its former income classification for the fiscal year and the two subsequent fiscal years: Provided further , That none of the funds appropriated under this heading in this Act, or in prior Acts making appropriations for the Department of State, foreign operations, and related programs, may be made available for assistance for Tunisia: Provided further , That of the funds appropriated under this heading, not to exceed $100,000 may be available for representation and entertainment expenses, of which not to exceed $5,000 may be available for entertainment expenses. Inter-american foundation For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $13,700,000, to remain available until September 30, 2015: Provided , That of the funds appropriated under this heading, not to exceed $2,000 may be available for representation expenses. African development foundation For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980 ( Public Law 96–533 ), $9,777,000, to remain available until September 30, 2015, of which not exceed $2,000 may be made available for representation expenses: Provided , That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the African Development Foundation (Foundation): Provided further , That interest earned shall be used only for the purposes for which the grant was made: Provided further , That notwithstanding section 505(a)(2) of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation: Provided further , That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is exercised. Department of the Treasury International affairs technical assistance For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $23,500,000, to remain available until September 30, 2016, which shall be available notwithstanding any other provision of law. IV International security assistance Department of State International narcotics control and law enforcement For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $919,153,000 to remain available until September 30, 2015: Provided , That during fiscal year 2014, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country or international organization under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further , That the Secretary of State shall provide to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act and prior to the initial obligation of program and country funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a program and country-by-country basis for each proposed program, project, or activity: Provided further , That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further , That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further , That none of the funds appropriated under this heading shall be made available for assistance for the Bolivian military and police: Provided further , That the reporting requirements contained in section 1404 of Public Law 110–252 shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority: Provided further , That funds appropriated under this heading shall be made available to support training and technical assistance for foreign law enforcement, corrections, and other judicial authorities, utilizing regional partners. Nonproliferation, anti-terrorism, demining and related programs For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $501,533,000, to remain available until September 30, 2015, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided , That funds made available under this heading for the Nonproliferation and Disarmament Fund shall be available notwithstanding any other provision of law and subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, to promote bilateral and multilateral activities relating to nonproliferation, disarmament and weapons destruction, and shall remain available until expended: Provided further , That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further , That funds appropriated under this heading may be made available for the IAEA only if the Secretary of State determines and so reports to the Congress that the Government of Israel is not being denied its right to participate in the activities of that Agency: Provided further , That funds made available for demining, conventional weapons destruction, and related activities, in addition to funds otherwise made available for such purposes, may be used for administrative expenses related to the operation and management of demining, conventional weapons destruction, and related programs. Peacekeeping operations For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $285,715,000: Provided , That of the funds appropriated under this heading, up to $34,000,000 may be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further , That up to $136,600,000 of the funds made available under this heading in titles IV and VIII may be used to pay assessed expenses of international peacekeeping activities in Somalia and shall be available until September 30, 2015: Provided further , That funds appropriated under this Act should not be used to support any military training or operations that include child soldiers: Provided further , That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. Funds Appropriated to the President International military education and training For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $105,573,000, of which up to $4,000,000 may remain available until September 30, 2015, and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided , That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further , That of the funds appropriated under this heading, not to exceed $55,000 may be available for entertainment expenses. Foreign military financing program For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $5,096,059,000: Provided , That to expedite the provision of assistance to foreign countries and international organizations, the Secretary of State, following consultation with the Committees on Appropriations and subject to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces: Provided further , That of the funds appropriated under this heading, not less than $3,100,000,000 shall be available for grants only for Israel, and $1,300,000,000 shall be made available for grants only for Egypt, including for counterterrorism programs, border security programs, and activities in the Sinai: Provided further , That the funds appropriated under this heading for assistance for Israel shall be disbursed within 30 days of enactment of this Act: Provided further , That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $815,300,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further , That funds appropriated under this heading estimated to be outlayed for Egypt during fiscal year 2014 may be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York: Provided further , That of the funds appropriated under this heading, not less than $300,000,000 shall be made available for assistance for Jordan: Provided further , That none of the funds made available under this heading may be made available to support or continue any program initially funded under the authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 119 Stat. 3456) unless the Secretary of State, in coordination with the Secretary of Defense, has justified such program to the Committees on Appropriations: Provided further , That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further , That funds made available under this heading shall be obligated upon apportionment in accordance with section 1501(a)(5)(C) of title 31, United States Code. None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurement has first signed an agreement with the United States Government specifying the conditions under which such procurement may be financed with such funds: Provided , That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7015 of this Act: Provided further , That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further , That only those countries for which assistance was justified for the Foreign Military Sales Financing Program in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further , That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further , That not more than $60,000,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further , That of the funds made available under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $130,000 may be available for representation expenses: Provided further , That not more than $885,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2014 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations. V Multilateral assistance International financial institutions Contribution to the international development association For payment to the International Development Association by the Secretary of the Treasury, $942,305,000, to remain available until expended. Contribution to the asian development fund For payment to the Asian Development Bank's Asian Development Fund by the Secretary of the Treasury, $74,544,000, to remain available until expended. Contribution to the african development fund For payment to the African Development Fund by the Secretary of the Treasury, $134,585,000, to remain available until expended. VI Export and investment assistance Export-Import bank of the united states Inspector general For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $5,100,000, to remain available until September 30, 2015. Program account The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided , That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further , That notwithstanding section 1(c) of Public Law 103–428 , as amended, sections 1(a) and (b) of Public Law 103–428 shall remain in effect through October 1, 2014. Administrative expenses For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 , and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $89,900,000: Provided , That the Export-Import Bank may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further , That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until October 1, 2014: Provided further , That the Export-Import Bank shall charge fees for necessary expenses (including special services performed on a contract or fee basis, but not including other personal services) in connection with the collection of moneys owed the Export-Import Bank, repossession or sale of pledged collateral or other assets acquired by the Export-Import Bank in satisfaction of moneys owed the Export-Import Bank, or the investigation or appraisal of any property, or the evaluation of the legal, financial, or technical aspects of any transaction for which an application for a loan, guarantee or insurance commitment has been made, or systems infrastructure directly supporting transactions: Provided further , That, in addition to other funds appropriated for administrative expenses, such fees shall be credited to this account, to remain available until expended. In addition, for renovation expenses of the Export-Import Bank’s headquarters, not to exceed $10,500,000, to remain available until September 30, 2015: Provided , That such funds shall be made available subject to the regular notification procedures of the Committees on Appropriations. Receipts collected Receipts collected pursuant to the Export-Import Bank Act of 1945, as amended, and the Federal Credit Reform Act of 1990, as amended, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account: Provided , That the sums herein appropriated from the General Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0: Provided further , That amounts collected in fiscal year 2014 in excess of obligations, up to $10,000,000, shall become available on September 1, 2014, and shall remain available until September 30, 2017. Overseas private investment corporation Noncredit account The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by 31 U.S.C. 9104 , such expenditures and commitments within the limits of funds available to it and in accordance with law as may be necessary: Provided , That the amount available for administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation expenses which shall not exceed $35,000) shall not exceed $53,348,000: Provided further , That project-specific transaction costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided to specific investors or potential investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall not be considered administrative expenses for the purposes of this heading. Program account For the cost of direct and guaranteed loans, $23,742,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation Noncredit Account: 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 such sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2014, 2015 and 2016: Provided further , That funds so obligated in fiscal year 2014 remain available for disbursement through 2022; funds obligated in fiscal year 2015 remain available for disbursement through 2023; and funds obligated in fiscal year 2016 remain available for disbursement through 2024: Provided further , That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 in Iraq: Provided further , That funds made available pursuant to the authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations. In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Noncredit Account and merged with said account. Trade and development agency For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $47,485,000, to remain available until September 30, 2015: Provided , That of the funds appropriated under this heading, not more than $4,000 may be available for representation and entertainment expenses. VII General Provisions allowances and differentials 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by sub chapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109 ; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b) . unobligated balances report 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances and obligated, but unexpended, balances by program, project, and activity, and Treasury Account Fund Symbol of all funds received by such department or agency in fiscal year 2014 or any previous fiscal year, disaggregated by fiscal year: Provided , That the report required by this section should specify by account the amount of funds obligated pursuant to bilateral agreements which have not been further sub-obligated. consulting services 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109 , shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. embassy construction 7004. (a) Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005. (b) Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States Marine Corps. (c) For the purposes of calculating the fiscal year 2014 costs of providing new United States diplomatic facilities in accordance with section 604(e) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865 note), the Secretary of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and agency shares in a manner that is proportional to the Department of State's contribution for this purpose. (d) Funds appropriated by this Act, and any prior Act making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property for diplomatic facilities in Afghanistan, Pakistan, and Iraq, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. personnel actions 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency: Provided , That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further , That use of funds to carry out this section shall be treated as a reprogramming of funds under section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Limitation on the New London Embassy 7006. None of the funds appropriated under the heading Embassy Security, Construction, and Maintenance in this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or construction of the New London Embassy: Provided , That the reporting requirement contained in section 7004(f)(2) of division I of Public Law 112–74 shall remain in effect. prohibition against direct funding for certain countries 7007. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided , That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents. coups d’état 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup d'état or decree or, after the date of enactment of this Act, a coup d'état or decree in which the military plays a decisive role: Provided , That assistance may be resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided further , That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further , That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations. transfer authority 7009. (a) Department of State and Broadcasting Board of Governors (1) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between and merged with such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (2) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between and merged with such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. (3) Any transfer pursuant to this section shall be treated as a reprogramming of funds under subsections (a) and (b) of section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) Export Financing Transfer Authorities Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2014, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided , That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations. (c) Limitation on Transfers Between Agencies (1) None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. (2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961. (3) Any agreement entered into by the United States Agency for International Development (USAID) or the Department of State with any department, agency, or instrumentality of the United States Government pursuant to section 632(b) of the Foreign Assistance Act of 1961 valued in excess of $1,000,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Global Health Programs , Development Assistance , and Economic Support Fund shall be subject to the regular notification procedures of the Committees on Appropriations: Provided , That the requirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State. (d) Transfers Between Accounts None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which such funds were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations. (e) Audit of Inter-agency Transfers Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General (IG) for the agency receiving the transfer or allocation of such funds, or other entity with audit responsibility if the receiving agency does not have an IG, shall perform periodic program and financial audits of the use of such funds: Provided , That such audits shall be transmitted to the Committees on Appropriations: Provided further , That funds transferred under such authority may be made available for the cost of such audits. reporting requirement 7010. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2014, and for each fiscal quarter, a report in writing on the uses of funds made available under the headings Foreign Military Financing Program , International Military Education and Training , Peacekeeping Operations , and Pakistan Counterinsurgency Capability Fund in this Act, or prior Acts making appropriations for the Department of State, foreign operations, and related programs: Provided , That such report shall include a description of the obligation and expenditure of funds, and the specific country in receipt of, and the use or purpose of the assistance provided by such funds. availability of funds 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided , That funds appropriated for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the heading Development Credit Authority , shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided further , That notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially allocated or obligated before the expiration of their respective periods of availability contained in this Act: Provided further , That the Secretary of State shall provide a report to the Committees on Appropriations at the beginning of each fiscal year, detailing by account and source year, the use of this authority during the previous fiscal year. limitation on assistance to countries in default 7012. No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest of the United States. prohibition on taxation of united states assistance 7013. (a) Prohibition on Taxation None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement. (b) Reimbursement of Foreign Taxes An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2014 on funds appropriated by this Act by a foreign government or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either directly or through grantees, contractors, and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2015 and allocated for the central government of such country and for the West Bank and Gaza program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to the Government of the United States. (c) De Minimis Exception Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) Reprogramming of Funds Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance to countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes. (e) Determinations (1) The provisions of this section shall not apply to any country or entity the Secretary of State determines— (A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or (B) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not subject to taxation. (2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity. (f) Implementation The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) Definitions As used in this section— (1) the terms taxes and taxation refer to value added taxes and customs duties imposed on commodities financed with United States assistance for programs for which funds are appropriated by this Act; and (2) the term bilateral agreement refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement. (h) Report The Secretary of State shall submit a report to the Committees on Appropriations, not later than 90 days after the enactment of this Act, detailing steps taken by the Department of State to comply with the requirements provided in subsections (a) and (f). reservations of funds 7014. (a) Funds appropriated under titles II through VI of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided , That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further , That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided. (b) In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the United States Agency for International Development (USAID) that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the USAID Administrator determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided , That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation. (c) Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided , That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act. notification requirements 7015. (a) None of the funds made available in titles I and II of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) closes or opens a mission or post; (6) creates, reorganizes, or renames bureaus, centers, or offices; (7) reorganizes programs or activities; or (8) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds: Provided , That unless previously justified to the Committees on Appropriations, the requirements of this subsection shall apply to all obligations of funds appropriated under titles I and II of this Act for paragraphs (5) and (6) of this subsection. (b) None of the funds provided under titles I and II of this Act, or provided under previous appropriations Acts to the agency or department funded under titles I and II of this Act that remain available for obligation or expenditure in fiscal year 2014, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agency or department funded under title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $1,000,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) None of the funds made available under titles III through VI in this Act under the headings Global Health Programs , Development Assistance , Trade and Development Agency , International Narcotics Control and Law Enforcement , Economic Support Fund , Democracy Fund , Peacekeeping Operations , Nonproliferation, Anti-terrorism, Demining and Related Programs , Millennium Challenge Corporation , Foreign Military Financing Program , International Military Education and Training , and Peace Corps , shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance of such obligation: Provided , That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further , That requirements of this subsection or any similar provision of this or any other Act shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under titles III through VI of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year: Provided further , That any notification submitted pursuant to this subsection shall identify when funds are being provided notwithstanding any other provision of law and include justification for the use of such notwithstanding. (d) Notwithstanding any other provision of law, with the exception of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the Department of Defense to the Department of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs authorized by section 1206 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ), shall be subject to the regular notification procedures of the Committees on Appropriations. (e) The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided , That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further , That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. (f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Afghanistan, Bolivia, Burma, Cambodia, Cuba, Ecuador, Egypt, Ethiopia, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Nicaragua, Pakistan, the Russian Federation, Serbia, Somalia, South Sudan, Sri Lanka, Sudan, Tunisia, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as provided through the regular notification procedures of the Committees on Appropriations. notification on excess defense equipment 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided , That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further , That such Committees shall also be informed of the original acquisition cost of such defense articles. limitation on availability of funds for international organizations and programs 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961 or section 7049(a) of this Act, shall remain available for obligation until September 30, 2015. prohibition on funding for abortions and involuntary sterilization 7018. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. allocations 7019. (a) Funds provided in this Act shall be made available for programs and countries in the amounts contained in the report accompanying this Act. (b) For the purposes of implementing this section and only with respect to the amounts included in the report accompanying this Act, the Secretary of State, the Administrator of the United States Agency for International Development, and the Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations. prohibition of payment of certain expenses 7020. (a) Each Federal department, agency, or entity funded in titles I or II of this Act, and the Department of the Treasury and independent agencies funded in titles III or VI of this Act, shall take steps to ensure that domestic and overseas representation and entertainment expenses further official agency business and United States foreign policy interests and are— (1) primarily for fostering relations outside of the Executive Branch; (2) principally for meals and events of a protocol nature; (3) not for employee-only events; and (4) do not include activities that are substantially of a recreational character. (b) None of the funds appropriated or otherwise made available by this Act under the headings International Military Education and Training or Foreign Military Financing Program for Informational Program activities or under the headings Global Health Programs , Development Assistance , and Economic Support Fund may be obligated or expended to pay for— (1) alcoholic beverages; or (2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks. prohibition on assistance to governments supporting international terrorism 7021. (a) Lethal Military Equipment Exports (1) None of the funds appropriated or otherwise made available by titles III through VI of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined supports international terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided , That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided further , That this section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997. (2) Assistance restricted by paragraph (1) or any other similar provision of law, may be furnished if the President determines that to do so is important to the national interests of the United States. (3) Whenever the President makes a determination pursuant to paragraph (2), the President shall submit to the Committees on Appropriations a report with respect to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. (b) Bilateral Assistance (1) Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated under any such title in prior Acts making appropriations for the Department of State, foreign operations, and related programs, shall not be made available to any foreign government which the President determines— (A) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; (B) otherwise supports international terrorism; or (C) is controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (2) The President may waive the application of paragraph (1) to a government if the President determines that national security or humanitarian reasons justify such waiver: Provided , That the President shall publish each such waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations. authorization requirements 7022. Funds appropriated by this Act, except funds appropriated under the heading Trade and Development Agency , may be obligated and expended notwithstanding section 10 of Public Law 91–672 , section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 ( Public Law 103–236 ), and section 504(a)(1) of the National Security Act of 1947 ( 50 U.S.C. 414(a)(1) ). definition of program, project, and activity 7023. For the purpose of titles II through VI of this Act program, project, and activity shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the following accounts: Economic Support Fund and Foreign Military Financing Program , program, project, and activity shall also be considered to include country, regional, and central program level funding within each such account; and for the development assistance accounts of the United States Agency for International Development, program, project, and activity shall also be considered to include central, country, regional, and program level funding, either as— (1) justified to the Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961. authorities for the peace corps, inter-american foundation and african development foundation 7024. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: Provided , That prior to conducting activities in a country for which assistance is prohibited, the agency shall consult with the Committees on Appropriations and report to such Committees within 15 days of taking such action. commerce, trade and surplus commodities 7025. (a) None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided , That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further , That this subsection shall not prohibit— (1) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (b) None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided , That this subsection shall not prohibit— (1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; (2) research activities intended primarily to benefit American producers; (3) activities in a country that is eligible for assistance from the International Development Association, is not eligible for assistance from the International Bank for Reconstruction and Development, and does not export on a consistent basis the agricultural commodity with respect to which assistance is furnished; or (4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a complex emergency. (c) The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to titles III through VI of this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. separate accounts 7026. (a) Separate Accounts for Local Currencies (1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development (USAID) shall— (A) require that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be generated; and (ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) Uses of local currencies As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States Government. (3) Programming accountability USAID shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) Termination of assistance programs Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. (5) Reporting requirement The USAID Administrator shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used or to be used for such purpose in each applicable country. (b) Separate Accounts for Cash Transfers (1) In general If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds. (2) Applicability of other provisions of law Such funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98–1159). (3) Notification At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) Exemption Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the regular notification procedures of the Committees on Appropriations. eligibility for assistance 7027. (a) Assistance Through Nongovernmental Organizations Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961: Provided , That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further , That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. (b) Public Law 480 During fiscal year 2014, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Food for Peace Act ( Public Law 83–480 ): Provided , That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. (c) Exception This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights. impact on jobs in the united states 7028. None of the funds appropriated or otherwise made available under titles III through VI of this Act may be obligated or expended to provide— (1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; (2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided , That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture; (3) any assistance to an entity outside the United States if such assistance is for the purpose of directly relocating or transferring jobs from the United States to other countries and adversely impacts the labor force in the United States; or (4) for the enforcement of any rule, regulation, or policy at the Export-Import Bank of the United States or the Overseas Private Investment Corporation, if such enforcement or implementation would prohibit insurance, reinsurance, financing, guarantees, or other assistance, or have the effect of limiting insurance, reinsurance, financing, guarantees, or other assistance, for any power-generation project that would increase exports of goods and services from the United States or prevent the loss of jobs in the United States. international financial institutions 7029. (a) None of the funds appropriated or otherwise made available under title V of this Act may be made as payment to any international financial institution while the United States executive director to such institution is compensated by the institution at a rate which, together with whatever compensation such executive director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to oppose any loan, grant, strategy or policy of such institution that would require user fees or service charges on poor people for primary education or primary healthcare, including prevention, care and treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal health, in connection with such institution's financing programs. (c) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to use the voice and vote of the United States to oppose any loan, project, agreement, memorandum, instrument, plan, or other program of the IMF to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on healthcare or education; and to promote government spending on healthcare, education, agriculture and food security, or other critical safety net programs in all of the IMF's activities with respect to Heavily Indebted Poor Countries. (d) The Secretary of State, after consultation with the Secretary of the Treasury and the Committees on Appropriations, may transfer funds made available under the headings Development Assistance and Economic Support Fund in title III of this Act to funds previously made available under the heading Multilateral Assistance, International Financial Institutions for payments to the International Bank for Reconstruction and Development (IBRD), the African Development Bank, the Inter-American Development Bank, and the Asian Development Bank for the United States share of the paid-in portion of the increases in capital stock; for payment to the IBRD as a trustee for the Global Environment Facility; for payment to the Global Agriculture and Food Security Program; for payment to the Enterprise for the Americas Multilateral Investment Fund; and for payment to the International Fund for Agricultural Development. (e) For the purposes of this Act, international financial institutions shall mean the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Asian Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund. debt-for-development 7030. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. financial management and budget transparency 7031. (a) Limitation on Direct Government-to-Government Assistance (1) None of the funds made available by this Act may be used for direct government-to-government assistance unless the Secretary of State certifies to the Committees on Appropriations that— (A) each implementing agency or ministry to receive assistance has been assessed and is considered to have the systems required to manage such assistance and any identified vulnerabilities or weaknesses of such agency or ministry have been addressed, including that— (i) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and management capabilities; (ii) the recipient agency or ministry has adopted competitive procurement policies and systems; (iii) effective monitoring and evaluation systems are in place to ensure that such assistance is used for its intended purposes; (iv) no level of acceptable fraud is assumed; and (v) the government of the recipient country is taking steps to publicly disclose on an annual basis its national budget, to include income and expenditures; (B) the recipient government has demonstrated a commitment to democracy or is taking significant steps to strengthen democratic institutions; (C) the recipient government is taking steps to protect the rights of civil society, including freedom of association and assembly; (D) the recipient government, agency, or ministry is not headed or controlled by an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act; and (E) the Government of the United States and the government of the recipient country have agreed, in writing— (i) on clear and achievable objectives for the use of such assistance; and (ii) that such assistance should be made on a cost-reimbursable basis. (2) In addition to the requirements in subsection (a), no funds may be made available for direct government-to-government assistance without prior consultation with, and notification of, the Committees on Appropriations: Provided , That such notification shall contain an explanation of how the proposed activity meets the requirements of paragraph (1): Provided further , That the requirements of this paragraph shall only apply to direct government-to-government assistance in excess of $10,000,000 and all funds available for cash transfer, budget support, and cash payments to individuals. (3) The Administrator of the United States Agency for International Development (USAID) or the Secretary of State, as appropriate, shall suspend any direct government-to-government assistance if the Administrator or the Secretary has credible information of material misuse of such assistance, unless the Administrator or the Secretary determines and reports to the Committees on Appropriations that it is in the national interest of the United States to continue such assistance, including a justification. (4) The USAID Administrator shall submit to the Committees on Appropriations, concurrent with the fiscal year 2015 congressional budget justification materials, amounts planned for assistance described in subsection (a) by country, proposed funding amount, source of funds, and type of assistance. (5) Not later than 90 days after the enactment of this Act and 6 months thereafter, the USAID Administrator shall submit to the Committees on Appropriations a report that— (A) details all assistance described in subsection (a) provided during the previous 6-month period by country, funding amount, source of funds, and type of such assistance; and (B) the type of procurement instrument or mechanism utilized and whether the assistance was provided on a reimbursable basis. (6) None of the funds made available in this Act may be used for any foreign country for debt service payments owed by any country to any international financial institution: Provided , That for purposes of this subsection, the term international financial institution has the meaning given the term in section 7029(e) of this Act. (b) National Budget and Contract Transparency (1) Limitation on funding None of the funds appropriated under titles III and IV of this Act may be made available to the central government of any country that does not meet minimum standards of fiscal transparency: Provided , That the Secretary of State shall develop minimum standards of fiscal transparency to be updated and strengthened, as appropriate, to reflect best practices: Provided further , That the Secretary shall make an annual determination of the degree to which those countries meet each minimum standard of fiscal transparency and make those determinations publicly available in an annual Fiscal Transparency Report . (2) Minimum standards of fiscal transparency For purposes of paragraph (1), minimum standards of fiscal transparency shall include standards for the public disclosure of budget documentation, including receipts and expenditures by ministry, and government contracts and licenses for natural resource extraction, to include bidding and concession allocation practices. (3) Waiver The Secretary may waive the limitation on funding in paragraph (1) on a country-by-country basis if the Secretary reports to the Committees on Appropriations that the waiver is important to the national interest of the United States: Provided , That such waiver shall identify any steps taken by the government of the country to publicly disclose its budget documentation and contracts which are additional to those which were undertaken in previous fiscal years, include specific recommendations of short- and long-term steps such government can take to improve budget and contract transparency, include a detailed description of how funds appropriated by this Act are being used to improve budget and contract transparency, and identify benchmarks for measuring progress: Provided further , That a list of countries receiving waivers in a given year should be made publicly available in the annual Fiscal Transparency Report required by paragraph (1). (4) Assistance Of the funds appropriated under title III of this Act, not less than $5,000,000 should be made available for programs and activities to assist the central governments of countries named in the list required by paragraph (1) to improve budget transparency or to support civil society organizations in such countries that promote budget transparency: Provided , That such sums shall be in addition to funds otherwise made available for such purposes: Provided further , That a list of the recipients of such sums shall be included in the annual Fiscal Transparency Report required by paragraph (1). (c) Anti-kleptocracy (1) Officials of foreign governments and their immediate family members who the Secretary of State has credible information have been involved in significant corruption, including corruption related to the extraction of natural resources, shall be ineligible for entry into the United States. (2) Individuals shall not be ineligible if entry into the United States would further important United States law enforcement objectives or is necessary to permit the United States to fulfill its obligations under the United Nations Headquarters Agreement: Provided , That nothing in paragraph (1) shall be construed to derogate from United States Government obligations under applicable international agreements. (3) The Secretary may waive the application of paragraph (1) if the Secretary determines that the waiver would serve a compelling national interest or that the circumstances which caused the individual to be ineligible have changed sufficiently. (4) Not later than 90 days after enactment of this Act and 180 days thereafter, the Secretary of State shall submit a report, in classified form if necessary, to the Committees on Appropriations describing the information regarding corruption concerning each of the individuals found ineligible pursuant to paragraph (1), a list of any waivers provided under subsection (3), and the justification for each waiver. Democracy programs 7032. (a) Funds made available by this Act that are made available for democracy programs may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy (NED), any regulation. (b) For purposes of funds appropriated by this Act, the term democracy programs means programs that support good governance, credible and competitive elections, freedom of expression, association, assembly, and religion, human rights, independent media, and the rule of law, and that otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive and accountable to citizens. (c) With respect to the provision of assistance for democracy, human rights, and governance activities in this Act, the organizations implementing such assistance, the specific nature of that assistance, and the participants in such programs shall not be subject to the prior approval by the government of any foreign country: Provided , That the Secretary of State, in coordination with the Administrator of the United States Agency for International Development (USAID), shall report to the Committees on Appropriations, not later than 120 days after enactment of this Act, detailing steps taken by the Department of State and USAID to comply with the requirements of this subsection. (d) With respect to the conduct of governance programs in a country in which the central government acts in a manner contrary to the advancement of democracy, the Secretary of State and the USAID Administrator shall— (1) submit to the Committees on Appropriations a comprehensive strategy to promote democracy in such a country prior to the obligation of democracy program funds made available by this Act; and (2) take steps to only support institutions and individuals within the government that demonstrate a commitment to democracy. (e) Funds appropriated by this Act that are made available for democracy programs shall be made available to support freedom of religion, including in the Middle East and North Africa. (f) The Bureau of Democracy, Human Rights, and Labor, Department of State and the Bureau for Democracy, Conflict, and Humanitarian Assistance, USAID, shall regularly communicate their planned programs to the NED. multi-year commitments 7033. None of the funds appropriated by this Act may be used to make a future year funding pledge for any multilateral or bilateral program funded in titles III through VI of this Act unless such pledge was— (1) previously justified, including the projected future year costs, in a congressional budget justification; (2) included in an Act making appropriations for the Department of State, foreign operations, and related programs or previously authorized by an Act of Congress; (3) notified in accordance with the regular notification procedures of the Committees on Appropriations, including the projected future year costs; or (4) the subject of prior consultation with the Committees on Appropriations and such consultation was conducted at least 7 business days in advance of the pledge. special provisions 7034. (a) Victims of War, Displaced Children, and Displaced Burmese Funds appropriated in titles III and VI of this Act that are made available for victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking, may be made available notwithstanding any other provision of law. (b) Reconstituting Civilian Police Authority In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability. (c) World Food Program Funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development (USAID), from this or any other Act, may be made available as a general contribution to the World Food Program, notwithstanding any other provision of law. (d) Disarmament, Demobilization and Reintegration Notwithstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Economic Support Fund , Peacekeeping Operations , International Disaster Assistance , and Transition Initiatives may be made available to support programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organizations: Provided , That the Secretary of State shall consult with the Committees on Appropriations prior to the obligation of funds pursuant to this subsection: Provided further , That for the purposes of this subsection the term foreign terrorist organization means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (e) Research and Training Funds appropriated by this Act under the heading Economic Support Fund may be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by the Soviet-Eastern European Research and Training Act of 1983 ( 22 U.S.C. 4501–4508 ). (f) Partner Vetting Funds appropriated in this Act or any prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be used by the Secretary of State and the USAID Administrator, as appropriate, to support the continued implementation of the Partner Vetting System (PVS) pilot program: Provided , That the Secretary of State and the USAID Administrator shall jointly submit a report to the Committees on Appropriations, not later than 30 days after completion of the pilot program, on the estimated timeline and criteria for evaluating the PVS for expansion: Provided further , That such report shall include the requirements under this section in the report accompanying this Act: Provided further , That such report may be delivered in classified form, if necessary. (g) Contingencies During fiscal year 2014, the President may use up to $100,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law. (h) International child abductions The Secretary of State should withhold funds appropriated under title III of this Act for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions, done at the Hague on October 25, 1980: Provided , That the Secretary shall report to the Committees on Appropriations within 15 days of withholding funds under this subsection. (i) Reports Repealed Section 585 in the matter under section 101(c) of Division A of Public Law 104–208 , Omnibus Consolidated Appropriations Act, 1997; and subsection (g)(3) of section 7081 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (Division F of Public Law 111–117 ) are hereby repealed. (j) Extraordinary Protection Costs The Secretary of State may transfer to, and merge with, Protection of Foreign Missions and Officials for reimbursement of valid claims of qualifying local jurisdictions unobligated expired balances of funds appropriated under Diplomatic and Consular Programs for fiscal year 2014, except for funds designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, at no later than the end of the fifth fiscal year after the fiscal year for which any such funds were appropriated or otherwise made available: Provided , That transfers pursuant to this authority shall not exceed the amount appropriated by this Act under Protection of Foreign Missions and Officials . arab league boycott of israel 7035. It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa; (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. palestinian statehood 7036. (a) Limitation on Assistance None of the funds appropriated under titles III through VI of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appropriate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include— (A) termination of all claims or states of belligerency; (B) respect for and acknowledgment of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; (C) their right to live in peace within secure and recognized boundaries free from threats or acts of force; (D) freedom of navigation through international waterways in the area; and (E) a framework for achieving a just settlement of the refugee problem. (b) Sense of Congress It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) Waiver The President may waive subsection (a) if the President determines that it is important to the national security interests of the United States to do so. (d) Exemption The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 7040 of this Act ( Limitation on Assistance for the Palestinian Authority ). restrictions concerning the palestinian authority 7037. None of the funds appropriated under titles II through VI of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided , That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further , That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem: Provided further , That as has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. prohibition on assistance to the palestinian broadcasting corporation 7038. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. assistance for the west bank and gaza 7039. (a) Oversight For fiscal year 2014, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading Economic Support Fund for the West Bank and Gaza. (b) Vetting Prior to the obligation of funds appropriated by this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the entity's governing board or governing board of trustees any individual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization: Provided , That the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating terrorist activity. (c) Prohibition (1) None of the funds appropriated under titles III through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism. (2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks. (d) Audits (1) The Administrator of the United States Agency for International Development (USAID) shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $500,000 may be used by the Office of Inspector General of the USAID for audits, inspections, and other activities in furtherance of the requirements of this subsection: Provided , That such funds are in addition to funds otherwise available for such purposes. (e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 2014 under the heading Economic Support Fund , and such audit shall address— (1) the extent to which such Program complies with the requirements of subsections (b) and (c); and (2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures. (f) Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. (g) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 2106 of chapter 2 of title II of Public Law 109–13 . (h) Prior to the initial obligation of funds made available in this Act under the heading Economic Support Fund for assistance for the West Bank and Gaza, the Secretary of State shall certify and report to the Committees on Appropriations that such assistance— (1) advances Middle East peace; (2) enhances Israeli-Palestinian cooperation; (3) improves security in the region; (4) continues support only for transparent and accountable government institutions; (5) promotes a private sector-driven economy; or (6) addresses critical and immediate humanitarian needs. limitation on assistance for the palestinian authority 7040. (a) Prohibition of Funds None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) Waiver The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United States. (c) Period of Application of Waiver Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) Report Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed: Provided , That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. (e) Certification If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, there is a single comprehensive civil service roster and payroll, and the Palestinian Authority is moving to halt anti-Israel incitement and is engaged in activities aimed at promoting peace, coexistence, and security cooperation with Israel. (f) Prohibition to Hamas and the Palestine Liberation Organization (1) None of the funds appropriated in titles III through VI of this Act may be obligated for salaries of personnel of the Palestinian Authority located in Gaza or may be obligated or expended for assistance to Hamas or any entity effectively controlled by Hamas, any power-sharing government of which Hamas is a member or that results from an agreement with Hamas. (2) Notwithstanding the limitation of subsection (1), assistance may be provided to a power-sharing government only if the President certifies and reports to the Committees on Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended. (3) The President may exercise the authority in section 620K(e) of the Foreign Assistance Act as added by the Palestinian Anti-Terrorism Act of 2006 ( Public Law 109–446 ) with respect to this subsection. (4) Whenever the certification pursuant to paragraph (2) is exercised, the Secretary of State shall submit a report to the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as amended: Provided , That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. (5) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation Organization. Limitations 7041. (a) None of the funds appropriated in this Act under the heading Economic Support Fund may be made available for assistance for the Palestinian Authority if, after the date of enactment of this Act— (1) the Palestinians obtain the same standing as member states or full membership as a state in the United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the Palestinians; or (2) the Palestinians request, petition, apply, refer, or actively support an investigation or prosecution of Israeli nationals before the International Criminal Court. (b) (1) The President may waive the provisions of section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have not, after the date of enactment of this Act, obtained in the United Nations or any specialized agency thereof the same standing as member states or full membership as a state outside an agreement negotiated between Israel and the Palestinians. (2) Not less than 90 days after the President is unable to make the certification pursuant to subsection (b)(1), the President may waive section 1003 of Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the Committees on Appropriations that the Palestinians have entered into direct and meaningful negotiations with Israel: Provided , That any waiver of the provisions of section 1003 of Public Law 100–204 under paragraph (1) of this subsection or under previous provisions of law must expire before the waiver under the preceding sentence may be exercised. (3) Any waiver pursuant to this subsection shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. near east 7042. (a) Egypt (1) (A) None of the funds appropriated under titles III and IV of this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made available for assistance for the central Government of Egypt unless the Secretary of State certifies to the Committees on Appropriations that such government is meeting its obligations under the 1979 Egypt-Israel Peace Treaty. (B) Prior to the obligation of funds appropriated by this Act under the headings Economic Support Fund and Foreign Military Financing Program for assistance for the central Government of Egypt, the Secretary of State shall certify to the Committees on Appropriations that the Government of Egypt is— (i) demonstrating a commitment to a pluralistic and inclusive democracy, including by— (I) planning for and conducting free and fair elections; (II) protecting freedom of expression, association, assembly, religion, and due process of law; and (III) respecting the rights of civil society organizations to operate without harassment or interference; and (ii) taking action to eliminate smuggling networks between Egypt and Gaza and to combat terrorism, including in the Sinai. (2) The Secretary of State shall consult with the Committees on Appropriations prior to the transfer of funds appropriated by this Act under the heading Foreign Military Financing Program to an interest-bearing account for Egypt. (b) Iran (1) It is the policy of the United States to seek to prevent Iran from achieving the capability to produce or otherwise manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran's uranium enrichment program, and the President should fully implement and enforce the Iran Sanctions Act of 1996, as amended ( Public Law 104–172 ) as a means of encouraging foreign governments to require state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran. (2) None of the funds appropriated or otherwise made available in this Act under the heading Export-Import Bank of the United States may be used by the Export-Import Bank of the United States to provide any new financing (including loans, guarantees, other credits, insurance, and reinsurance) to any person that is subject to sanctions under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996 ( Public Law 104–172 ). (3) The reporting requirements in section 7043(c) in division F of Public Law 111–117 shall continue in effect during fiscal year 2014 as if part of this Act: Provided , That the date in subsection (c)(1) shall be deemed to be September 30, 2014 . (c) Iraq (1) Funds appropriated by this Act for assistance for the Government of Iraq should be made available only if such government is implementing policies to support international efforts to promote regional stability, including in Syria. (2) Funds appropriated or otherwise made available by this Act for assistance for Iraq shall be made available in accordance with the cost-matching and other requirements in the Department of State's April 9, 2009 Guidelines for Government of Iraq Financial Participation in United States Government-Funded Civilian Foreign Assistance Programs and Projects . (3) None of the funds appropriated or otherwise made available by this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq. (d) Jordan (1) Of the funds appropriated by this Act for assistance for Jordan— (A) not less than $360,000,000 shall be made available under the heading Economic Support Fund and not less than $300,000,000 shall be made available under the heading Foreign Military Financing Program ; and (B) from amounts appropriated for Overseas Contingency Operations/Global War on Terrorism, $340,000,000 above the levels included in the Memorandum of Understanding between the United States and Jordan shall be made available for the extraordinary costs related to instability in the region. (2) Funds appropriated under the heading Economic Support Fund in this Act may be made available for the costs, as defined in section 502 of the Congressional Budget Act of 1974, of loan guarantees for Jordan, which are authorized to be provided: Provided , That amounts that are made available under this paragraph for the cost of guarantees shall not be considered assistance for the purposes of provisions of law limiting assistance to a country. (e) Lebanon (1) None of the funds appropriated by this Act under the heading Foreign Military Financing Program may be made available for assistance for Lebanon unless the Secretary of State certifies and reports to the Committees on Appropriations that— (A) the Lebanese Armed Forces (LAF) is not headed, controlled by, or closely collaborating with Hezbollah or any other foreign terrorist organization designated pursuant to section 219 of the Immigration and Nationality Act; and (B) such assistance will only be used to— (i) professionalize the LAF; (ii) strengthen border security and combat terrorism, including training and equipping the LAF to secure Lebanon’s borders against infiltration, interdicting arms shipments, and preventing the use of Lebanon as a safe haven for terrorist groups; and (iii) implement United Nations Security Council Resolution 1701. (2) If the Secretary of State makes the certification contained in paragraph (1), funds may not be made available for obligation until a detailed spend plan is submitted to the Committees on Appropriations, except such plan may not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2014: Provided , That any notification submitted pursuant to section 634A of the Foreign Assistance Act of 1961 or section 7015 of this Act shall include any funds specifically intended for lethal military equipment: Provided further , That the Secretary of State shall regularly consult with the Committees on Appropriations on the activities of the LAF and assistance provided by the United States: Provided further , That not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the actions taken to ensure that equipment provided to the LAF is used only for intended purposes. (f) Libya (1) None of the funds appropriated by this Act may be made available for assistance for the central Government of Libya unless the Secretary of State reports in writing to the Committees on Appropriations that such government is cooperating with United States Government efforts to investigate and bring to justice those responsible for the attack on United States facilities and personnel in Benghazi, Libya in September 2012: Provided , That the limitation in this paragraph shall not apply to assistance provided for the purpose of protecting United States Government facilities or personnel. (2) Any notification required for assistance for Libya for funds appropriated under the heading International Security Assistance in this Act shall include a detailed justification for such assistance, and a description of the vetting procedures used for any individual or unit receiving such assistance. (g) Morocco Funds appropriated in title III of this Act that are available for assistance for Morocco shall be made available for any region or territory administered by Morocco, including the Western Sahara: Provided , That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit a report to the Committees on Appropriations, not less than 90 days after enactment of this Act, on requirements under this section in the report accompanying this Act. (h) Syria Prior to the obligation of funds made available by this Act for assistance for Syria, the Secretary of State shall consult with the Committees on Appropriations: Provided , That such funds shall be subject to the regular notification procedures of the Committees on Appropriations. (i) Yemen None of the funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Yemen may be made available until the Secretary of State reports to the Committees on Appropriations that the Armed Forces of Yemen— (1) are not controlled by a foreign terrorist organization, designated pursuant to section 219 of the Immigration and Nationality Act; and (2) are cooperating with the United States on counterterrorism efforts against Al Qaeda and other terrorist organizations. africa 7043. (a) Central africa Funds appropriated by this Act shall be made available for programs and activities in areas affected by the Lord's Resistance Army (LRA) consistent with the goals of the Lord’s Resistance Army Disarmament and Northern Uganda Recovery Act ( Public Law 111–172 ), including to improve physical access, telecommunications infrastructure, and early-warning mechanisms and to support the disarmament, demobilization, and reintegration of former LRA combatants, especially child soldiers: Provided , That not later than 90 days after enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development, shall submit a report to the Committees on Appropriations detailing progress toward implementation of the Administration’s counter-LRA strategy and the policy objectives included in Public Law 111–172 : Provided further , That such report shall include the amounts and description of United States assistance provided for such purposes. (b) Counterterrorism Programs Of the funds appropriated by this Act, not less than $45,042,000 should be made available for the Trans-Sahara Counter-terrorism Partnership program, and not less than $22,223,000 should be made available for the Partnership for Regional East Africa Counterterrorism program. (c) Natural Resource Transparency Funds appropriated by this Act that are available for assistance for Liberia, Sierra Leone, Nigeria, Cote d’Ivoire, Senegal, Ghana, and the countries participating in the Congo Basin Forest Partnership should be made available to promote and support transparency and accountability in relation to the extraction of timber, oil and gas, cacao, and other natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative and the Kimberley Process Certification Scheme. (d) Sudan Limitation on Assistance (1) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. (2) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements. (3) The limitations of paragraphs (1) and (2) shall not apply to— (A) humanitarian assistance; (B) assistance for the Darfur region, Southern Kordofan State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and (C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement (CPA), mutual arrangements related to post-referendum issues associated with the CPA, or any other internationally recognized viable peace agreement in Sudan. (4) (A) None of the funds appropriated by this Act for bilateral economic assistance may be made available for assistance to the central government of any country that admits President Omar al-Bashir of Sudan. (B) The prohibition of subparagraph (A) shall apply unless the Secretary of State determines and reports to the Committees on Appropriations that such admission occurred for the purposes of— (i) bringing to justice President Omar al-Bashir for crimes against humanity, war crimes, or genocide; or (ii) furthering the peace process between Sudan and South Sudan. (C) The prohibition in subparagraph (A) shall not apply to assistance provided for humanitarian purposes. (e) South Sudan (1) Funds appropriated by this Act should be made available for assistance for South Sudan, including to increase agricultural productivity, expand educational opportunities especially for girls, strengthen democratic institutions and the rule of law, and enhance the capacity of the Federal Legislative Assembly to conduct oversight over government revenues and expenditures. (2) Not less than 15 days prior to the obligation of funds appropriated by this Act that are available for assistance for the Government of South Sudan, the Secretary of State shall submit a report to the Committees on Appropriations detailing the extent to which the Government of South Sudan is— (A) supporting freedom of expression and association, the establishment of democratic institutions, including an independent judiciary, parliament, and security forces that are accountable to civilian authority; and (B) investigating and punishing members of security forces who have violated human rights. (3) The Secretary of State shall seek to obtain regular audits of the financial accounts of the Government of South Sudan to ensure transparency and accountability of funds, including revenues from the extraction of oil and gas, and the timely, public disclosure of such audits: Provided , That the Secretary should assist the Government of South Sudan in conducting such audits, and by providing technical assistance to enhance the capacity of the National Auditor Chamber to carry out its responsibilities, and shall submit a report, not later than 90 days after enactment of this Act, to the Committees on Appropriations detailing the steps that will be taken by the Government of South Sudan, which are additional to those taken in the previous fiscal year, to improve resource management and ensure transparency and accountability of funds. (f) War Crimes in Africa (1) The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner. (2) Funds appropriated by this Act may be made available for assistance for the central government of a country in which individuals indicted by the ICTR and the SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with the ICTR and the SCSL, including the apprehension, surrender, and transfer of indictees in a timely manner: Provided , That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title VI of this Act: Provided further , That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by the ICTR and the SCSL to bring to justice individuals indicted by such tribunals in a timely manner. (3) The prohibition in paragraph (2) may be waived on a country-by-country basis if the President determines that doing so is in the national security interest of the United States: Provided , That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on— (A) the steps being taken to obtain the cooperation of the government in apprehending and surrendering the indictee in question to the court of jurisdiction; (B) a strategy, including a timeline, for bringing the indictee before such court; and (C) the justification for exercising the waiver authority. (g) Zimbabwe (1) The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any extension by the respective institution of any loans or grants to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, and freedom of speech and association. (2) None of the funds appropriated by this Act shall be made available for assistance for the central Government of Zimbabwe, except for health, education, and macroeconomic growth assistance, unless the Secretary of State makes the determination required in paragraph (1). east asia and the pacific 7044. (a) Burma Funds appropriated by this Act under the heading Economic Support Fund may be made available for assistance for Burma notwithstanding any other provision of law, except that no funds shall be made available to any successor or affiliated organization of the State Peace and Development Council (SPDC) controlled by former SPDC members that promote the repressive policies of the SPDC: Provided , That such funds shall be made available for programs along Burma’s border and for Burmese groups and organizations located outside of Burma, and may be available to support programs in Burma: Provided further , That in addition to assistance for Burmese refugees from funds appropriated by this Act under the heading Migration and Refugee Assistance , funds shall be made available for community-based organizations operating in Thailand to provide food, medical, and other humanitarian assistance to internally displaced persons in eastern Burma: Provided further , That funds appropriated by this Act for assistance for Burma should be matched, to the maximum extent practicable, by the Government of Burma or other international donors: Provided further , That any new program or activity in Burma begun in fiscal year 2014 shall be subject to prior consultation with the Committees on Appropriations. (b) North Korea None of the funds made available by this Act under the heading Economic Support Fund may be made available for assistance for the Government of North Korea. (c) People’s Republic of China (1) None of the funds appropriated under the heading Diplomatic and Consular Programs in this Act may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China unless, at least 15 days in advance, the Committees on Appropriations are notified of such proposed action. (2) The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961 shall apply to foreign assistance projects or activities of the People's Liberation Army (PLA) of the People's Republic of China, to include such projects or activities by any entity that is owned or controlled by, or an affiliate of, the PLA: Provided , That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. (3) (A) None of the funds appropriated by this Act under the headings Global Health Programs , Development Assistance , and Economic Support Fund may be made available for assistance for the government of the People’s Republic of China. (B) The limitation of subparagraph (A) shall not apply to assistance described in paragraph (2) of subsection (d) of this section and for programs to detect, prevent, and treat infectious disease. (d) Tibet (1) The Secretary of the Treasury should instruct the United States executive director of each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans, are based on a thorough needs-assessment, foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions, and are subject to effective monitoring. (2) Notwithstanding any other provision of law, funds appropriated by this Act under the heading Economic Support Fund shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China. western hemisphere 7045. (a) Colombia (1) The matter preceding the first proviso and the first through fifth provisos of paragraph (1), and paragraph (3), of section 7045(a) of division I of Public Law 112–74 shall continue in effect during fiscal year 2014 and shall apply to funds appropriated in this Act and made available for assistance for Colombia as if included in this Act. (2) Pursuant to the directive included in the report accompanying this Act, funds appropriated in this Act under the heading Economic Support Fund for assistance for Colombia may be transferred to, and merged with, funds appropriated under the heading Migration and Refugee Assistance and should be available only for assistance to nongovernmental and international organizations that provide assistance to Colombian refugees in neighboring countries. (3) The Secretary of State shall submit to the Committees on Appropriations, not later than 60 days after enactment of this Act, the report described under the heading International Narcotics Control and Law Enforcement in the report accompanying this Act. (b) Cuba Of the funds appropriated by this Act under the heading Economic Support Fund , $20,000,000 shall be transferred to, and merged with, funds available under the heading National Endowment for Democracy to promote democracy and strengthen civil society in Cuba. (c) Haiti The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for the Coast Guard. (d) Honduras Prior to the obligation of 20 percent of the funds appropriated by this Act that are available for assistance for Honduran military and police forces, the Secretary of State shall report in writing to the Committees on Appropriations that: the Government of Honduras is implementing policies to protect freedom of expression and association, and due process of law; and is investigating and prosecuting in the civilian justice system, in accordance with Honduran and international law, military and police personnel who are credibly alleged to have violated human rights, and the Honduran military and police are cooperating with civilian judicial authorities in such cases: Provided , That the restriction in this subsection shall not apply to assistance to combat drug trafficking and related violence, and to promote transparency, anti-corruption and the rule of law within the military and police forces. (e) Trade Capacity Funds appropriated in this Act under the headings Development Assistance and Economic Support Fund should be made available for labor and environmental capacity building activities relating to free trade agreements with countries of Central America, Colombia, Peru, and the Dominican Republic. (f) Aircraft Operations and Maintenance To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country. south asia 7046. (a) Afghanistan (1) Operations Of the funds appropriated in this Act under the headings Diplomatic and Consular Programs and Operating Expenses that are made available for operations in Afghanistan, 15 percent shall be withheld from obligation until the Secretary of State, in consultation with the Secretary of Defense and the Administrator of the United States Agency for International Development (USAID), submits the report to the Committees on Appropriations, in classified form if necessary, on transition and security plans for the Department of State and USAID required under this section in the report accompanying this Act: Provided , That such report shall be updated every 6 months until September 30, 2015. (2) Assistance (A) None of the funds appropriated or otherwise made available in this Act under the headings Economic Support Fund and International Narcotics Control and Law Enforcement may be obligated for assistance for the Government of Afghanistan until the Secretary of State, in consultation with the USAID Administrator, submits to the Committees on Appropriations the certification on oversight and accountability and the rights of Afghan women and girls required under this section in the report accompanying this Act. (B) The following provisions of section 7046(a) of division I of Public Law 112–74 shall apply to funds appropriated or otherwise made available by this Act for assistance for Afghanistan to the same extent and in the manner as such provisions of law apply to funds appropriated or otherwise made available by division I of Public Law 112–74 for assistance for Afghanistan— (i) Subparagraphs (A), (C), (F), and (H) of paragraph (2); (ii) Clauses (i) and (ii) of paragraph (2)(B); and (iii) Paragraph (3). (C) Funds appropriated in this Act that are made available for assistance for Afghanistan shall be matched, to the maximum extent practicable, from sources other than the Government of the United States. (D) The Coordinator for Rule of Law at the United States Embassy in Kabul, Afghanistan, shall be consulted on the use of all funds appropriated by this Act for rule of law programs in Afghanistan. (E) None of the funds made available by this Act may be used by the United States Government to enter into a permanent basing rights agreement between the United States and Afghanistan. (F) When submitting notifications required by this Act that include infrastructure assistance projects in Afghanistan that exceed $5,000,000, the Secretary of State or the USAID Administrator, as appropriate, shall describe in detail how each project meets the criteria included under this subsection in the report accompanying this Act. (G) The Secretary of State should suspend assistance for the Government of Afghanistan if any report required by paragraph (4) indicates that Afghanistan is failing to make measurable progress in meeting the goals or benchmarks detailed in such reports. (3) Reports Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations— (A) a report on the International Monetary Fund (IMF) country program for Afghanistan, including actions requested by the IMF and taken by the Government of Afghanistan to address the Kabul Bank crisis and restore confidence in Afghanistan’s banking sector; and (B) a report on the costs to support agreements and programs related to the Afghan Strategic Partnership, including contributions from the Government of Afghanistan. (4) Spend plan The spend plan required by section 7076 of this Act for assistance for Afghanistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding furthering development in Afghanistan and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided , That not later than 6 months after submission of such spend plan, and every 6 months thereafter until September 30, 2015, the Secretary of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in such plan. (5) Taxation of United States Assistance Of the funds appropriated under the heading Economic Support Fund in this Act that are made available for direct government-to-government assistance for Afghanistan, 15 percent shall be withheld from obligation until the Secretary of State certifies and reports to the Committees on Appropriations that all necessary policies and procedures are in place between the Department of State and the Government of Afghanistan to ensure full compliance with section 7013 of this Act: Provided , That such report shall include all official guidance issued to implementing partners and all agreements with the Government of Afghanistan with regard to taxes and revenue of United States assistance: Provided further , That such report may be submitted in classified form if necessary. (b) Pakistan (1) Certification None of the funds appropriated or otherwise made available by this Act under the headings Economic Support Fund , International Narcotics Control and Law Enforcement , and Foreign Military Financing Program , or by transfer to Pakistan Counterinsurgency Capability Fund for assistance for the Government of Pakistan may be made available unless the Secretary of State certifies to the Committees on Appropriations that the Government of Pakistan is— (A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other domestic and foreign terrorist organizations, including taking steps to end support for such groups and prevent them from basing and operating in Pakistan and carrying out cross border attacks into neighboring countries; (B) not supporting terrorist activities against United States or coalition forces in Afghanistan, and Pakistan's military and intelligence agencies are not intervening extra-judicially into political and judicial processes in Pakistan; (C) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the manufacture of IEDs; (D) preventing the proliferation of nuclear-related material and expertise; (E) implementing policies to protect judicial independence and due process of law; (F) issuing visas in a timely manner for United States visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and (G) providing humanitarian organizations access to detainees, internally displaced persons, and other Pakistani civilians affected by the conflict. (2) Assistance Funds appropriated by this Act under the heading Foreign Military Financing Program for assistance for Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan, and are subject to section 620M of the Foreign Assistance Act of 1961. (3) Reports (A) (i) The spend plan required by section 7076 of this Act for assistance for Pakistan shall include achievable and sustainable goals, benchmarks for measuring progress, and expected results regarding furthering development in Pakistan, countering extremism, and establishing conditions conducive to the rule of law and transparent and accountable governance: Provided , That such benchmarks may incorporate those required in title III of Public Law 111–73 , as appropriate: Provided further , That not later than 6 months after submission of such spend plan, and every 6 months thereafter until September 30, 2015, the Secretary of State shall submit a report to the Committees on Appropriations on the status of achieving the goals and benchmarks in the spend plan. (ii) The Secretary of State should suspend assistance for the Government of Pakistan if any report required by clause (i) indicates that Pakistan is failing to make measurable progress in meeting these goals or benchmarks. (B) Not later than 90 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the costs and objectives associated with significant infrastructure projects supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such objectives. (c) Regional Cross Border Programs Funds appropriated by this Act under the heading Economic Support Fund for assistance for Afghanistan and Pakistan may be provided, notwithstanding any other provision of law that restricts assistance to foreign countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either country and the Central Asian republics. prohibition of payments to united nations members 7047. None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations. war crimes tribunals drawdown 7048. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided , That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further , That funds made available pursuant to this section shall be made available subject to the regular notification procedures of the Committees on Appropriations. limitations on the united nations 7049. (a) Transparency and Accountability Not more than 70 percent of the funds made available in this Act for a contribution to any organization, agency, or program within the United Nations system or any international organization may be provided to such organization, agency, or program or such international organization until the Secretary of State certifies that the organization— (1) is publishing on a publicly available Web site, consistent with privacy regulations and due process, regular financial and programmatic audits of such agency or organization and its grantees and provides the United States Government with full and unfettered access to such audits; and (2) is implementing best practices for the protection of whistleblowers from retaliation. (b) Restrictions on United Nations Delegations and Organizations (1) None of the funds made available by this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. App. 2405(j)(1) ), supports international terrorism. (2) None of the funds made available by this Act may be used by the Secretary of State as a contribution to any organization, agency, or program within the United Nations system if such organization, agency, commission, or program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export Administration Act of 1979, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. (c) United Nations Human Rights Council None of the funds appropriated by this Act may be made available in support of the United Nations Human Rights Council unless the Secretary of State determines and reports to the Committees on Appropriations that participation in the Council is in the national security interest of the United States and that the Council is taking steps to remove Israel as a permanent agenda item: Provided , That such report shall include a justification for making the determination and a description of the steps taken to remove Israel as a permanent agenda item. (d) United Nations Relief and Works Agency None of the funds made available by this Act under the heading Migration and Refugee Assistance may be made available as a contribution to the United Nations Relief and Works Agency (UNRWA) until the Secretary of State determines and reports to the Committees on Appropriations, in writing, that UNRWA is— (1) utilizing Operations Support Officers in the West Bank and Gaza to inspect UNRWA installations and reporting any inappropriate use; (2) acting promptly to address any staff or beneficiary violation of its own policies (including the policies on neutrality and impartiality of employees) and the legal requirements under section 301(c) of the Foreign Assistance Act of 1961; (3) taking necessary and appropriate measures to ensure it is operating in compliance with the conditions of section 301(c) of the Foreign Assistance Act of 1961 and continuing regular reporting to the Department of State on actions it has taken to ensure conformance with such conditions; (4) taking steps to improve the transparency of all educational materials currently in use in UNRWA-administered schools; (5) using curriculum materials in UNRWA-supported schools and summer camps designed to promote tolerance, non-violent conflict resolution, and human rights; (6) not engaging in operations with financial institutions or related entities in violation of relevant United States law, is enhancing its transparency and financial due diligence, and working to diversify its banking operations in the region; and (7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a timely fashion the Board’s recommendations. (e) United Nations Capital Master Plan None of the funds made available in this Act may be used for the design, renovation, or construction of the United Nations Headquarters in New York. (f) Waiver The restrictions imposed by or pursuant to subsections (a) and (d) may be waived on a case-by-case basis by the Secretary of State if the Secretary determines and reports to the Committees on Appropriations that such waiver is necessary to avert a humanitarian crisis. (g) Reporting Requirement Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the amount of funds available for obligation or expenditure in fiscal year 2014 for contributions to any organization, agency, or program within the United Nations system or any international program that are withheld from obligation or expenditure due to any provision of law: Provided , That the Secretary of State shall update such report each time additional funds are withheld by operation of any provision of law: Provided further , That the reprogramming of any withheld funds identified in such report, including updates thereof, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. community-based police assistance 7050. (a) Authority Funds made available by titles III and IV of this Act to carry out the provisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (b) Notification Assistance provided under subsection (a) shall be subject to the regular notification procedures of the Committees on Appropriations. attendance at international conferences 7051. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided , That for purposes of this section the term international conference shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. aircraft transfer and coordination 7052. (a) Transfer Authority Notwithstanding any other provision of law or regulation, aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs under the headings Diplomatic and Consular Programs , International Narcotics Control and Law Enforcement , Andean Counterdrug Initiative and Andean Counterdrug Programs may be used for any other program and in any region, including for the transportation of active and standby Civilian Response Corps personnel and equipment during a deployment: Provided , That the responsibility for policy decisions and justification for the use of such transfer authority shall be the responsibility of the Secretary of State and the Deputy Secretary of State and this responsibility shall not be delegated. (b) Property Disposal The authority provided in subsection (a) shall apply only after the Secretary of State determines and reports to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided , That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) Aircraft Coordination (1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International Development (USAID) with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordinated under the authority of the appropriate Chief of Mission: Provided , That such aircraft may be used to transport, on a reimbursable or non-reimbursable basis, Federal and non-Federal personnel supporting Department of State and USAID programs and activities: Provided further , That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis. (2) The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. parking fines and real property taxes owed by foreign governments 7053. The terms and conditions of section 7055 of division F of Public Law 111–117 shall apply to this Act: Provided , That the date September 30, 2009 in subsection (f)(2)(B) shall be deemed to be September 30, 2013 . landmines and cluster munitions 7054. (a) Landmines Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the Secretary of State may prescribe. (b) Cluster Munitions No military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless— (1) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments, and the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians; or (2) such assistance, license, sale, or transfer is for the purpose of demilitarizing or disposing of such cluster munitions. prohibition on publicity or propaganda 7055. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by the Congress: Provided , That not to exceed $25,000 may be made available to carry out the provisions of section 316 of Public Law 96–533 . limitation on residence expenses 7056. Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year: Provided , That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. United states agency for international development management (including transfer of funds) 7057. (a) Authority Up to $93,000,000 of the funds made available in title III of this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980. (b) Restrictions (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. (2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2015. (c) Conditions The authority of subsection (a) should only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, are eliminated. (d) Program Account Charged The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual's responsibilities primarily relate: Provided , That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading Operating Expenses . (e) Foreign Service Limited Extensions Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. (f) Disaster Surge Capacity Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961 may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters, or man-made disasters subject to the regular notification procedures of the Committees on Appropriations. (g) Personal Services Contractors Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Food for Peace Act ( Public Law 83–480 ), may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided , That not more than 15 of such contractors shall be assigned to any bureau or office: Provided further , That such funds appropriated to carry out title II of the Food for Peace Act ( Public Law 83–480 ), may be made available only for personal services contractors assigned to the Office of Food for Peace. (h) Small Business In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (i) Senior Foreign Service Limited Appointments Individuals hired pursuant to the authority provided by section 7059(o) of division F of Public Law 111–117 may be assigned to or support programs in Iraq, Afghanistan, or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs. global health activities 7058. (a) Funds appropriated by titles III and IV of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for provisions under the heading Global Health Programs and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq. ), as amended. (b) Of the funds appropriated by this Act, not more than $461,000,000 may be made available for family planning/reproductive health. (c) Global Fund (1) Of funds appropriated by this Act that are available for a contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and reports to the Committees on Appropriations that— (A) the Global Fund is maintaining and implementing a policy of transparency, including the authority of the Global Fund Office of the Inspector General (OIG) to publish OIG reports on a public Web site; (B) the Global Fund is providing sufficient resources to maintain an independent OIG that— (i) reports directly to the Board of the Global Fund; (ii) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and (iii) compiles regular, publicly published audits and investigations of financial, programmatic, and reporting aspects of the Global Fund, its grantees, recipients, sub-recipients, and Local Fund Agents; (C) the Global Fund maintains an effective whistleblower policy to protect whistleblowers from retaliation, including confidential procedures for reporting possible misconduct or irregularities; and (D) the Global Fund is implementing the recommendations contained in the Consolidated Transformation Plan approved by the Board of the Global Fund on November 21, 2011. (2) The withholding required by this subsection shall not be in addition to funds that are withheld from the Global Fund in fiscal year 2014 pursuant to the application of any other provision contained in this or any other Act. prohibition on promotion of tobacco 7059. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. programs to promote gender equality 7060. (a) Programs funded under title III of this Act shall include, where appropriate, efforts to improve the status of women, including through gender considerations in the planning, assessment, implementation, monitoring, and evaluation of such programs. (b) Funds appropriated under title III of this Act shall be made available to support programs to expand economic opportunities for poor women in developing countries, including increasing the number and capacity of women-owned enterprises, improving property rights for women, increasing women's access to financial services and capital, enhancing the role of women in economic decisionmaking at the local, national and international levels, and improving women's ability to participate in the global economy. (c) Funds appropriated under title III of this Act shall be made available to increase political opportunities for women, including strengthening protections for women's personal status, increasing women's participation in elections, and enhancing women's positions in government and role in government decisionmaking. (d) Funds appropriated under title III of this Act for food security and agricultural development shall take into consideration the unique needs of women, and technical assistance for women farmers should be a priority. (e) The Department of State and the United States Agency for International Development shall fully integrate gender into all diplomatic and development efforts through the inclusion of gender in strategic planning and budget allocations, and the development of indicators and evaluation mechanisms to measure the impact of United States policies and programs on women and girls in foreign countries. gender-based violence 7061. (a) Funds appropriated in this Act under the headings Global Health Programs , Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be made available for gender-based violence prevention and response efforts, and funds appropriated under the headings International Disaster Assistance and Migration and Refugee Assistance should be made available for such efforts. (b) Programs and activities funded under titles III and IV of this Act to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall address, where appropriate, prevention and response to gender-based violence and trafficking in persons. sector allocations 7062. (a) Basic Education (1) Of the funds appropriated by title III of this Act, not less than $800,000,000 shall be made available for assistance for basic education. (2) The United States Agency for International Development shall ensure that programs supported with funds appropriated for basic education in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs are integrated, when appropriate, with health, agriculture, governance, and economic development activities to address the economic and social needs of the broader community. (3) Funds appropriated by title III of this Act for basic education may be made available for a contribution to multilateral partnerships that support education. (b) Conservation (1) Of the funds appropriated by title III of this Act, $200,000,000 shall be made available for biodiversity conservation programs. (2) Of the funds appropriated in titles III and IV of this Act, not less than $45,000,000 shall be made available for programs to combat wildlife poaching and trafficking. (3) None of the funds appropriated by this Act under the headings, Peacekeeping Operations , International Military Education and Training , and Foreign Military Financing Program , may be made available to support the training or operation of any military unit or military personnel that the Secretary of State determines has been credibly alleged to have participated in wildlife poaching or trafficking in wildlife or wildlife parts: Provided , That the restriction shall not apply to assistance in support of counterterrorism operations. (c) Food Security and Agriculture Development Funds appropriated by title III of this Act may be made available for food security and agriculture development programs notwithstanding any other provision of law to address critical food shortages. (d) Microenterprise and Microfinance Of the funds appropriated by this Act, not less than $265,000,000 should be made available for microenterprise and microfinance development programs for the poor, especially women. (e) Trafficking in Persons Of the funds appropriated by this Act under the headings Development Assistance , Economic Support Fund , and International Narcotics Control and Law Enforcement not less than $44,000,000 shall be made available for activities to combat trafficking in persons internationally. (f) Water Of the funds appropriated by this Act, not less than $315,000,000 shall be made available for water and sanitation supply projects pursuant to the Senator Paul Simon Water for the Poor Act of 2005 ( Public Law 109–121 ). (g) Women’s Leadership Capacity Of the funds appropriated by title III of this Act, not less than $20,000,000 shall be made available for programs to improve women's leadership capacity in recipient countries. (h) American schools and hospitals abroad Of the funds appropriated by this Act under the heading Development Assistance , not less than $23,000,000 shall be made available for the American Schools and Hospitals Abroad program. central asia 7063. The terms and conditions of subsections (a) through (e) of section 7076 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8 ) shall apply to funds appropriated by this Act: Provided , That the Secretary of State may waive the application of section 7076(a) if the Secretary certifies to the Committees on Appropriations that the waiver is in the national security interest and necessary to obtain access to and from Afghanistan for the United States, and the waiver includes an assessment of progress, if any, by the Government of Uzbekistan in meeting the requirements in section 7076(a): Provided further , That any waiver pursuant to the previous proviso shall be effective for no more than a period of six months at a time and shall not apply beyond 12 months after the enactment of this Act: Provided further , That the Secretary of State, in consultation with the Secretary of Defense, shall submit a report to the Committees on Appropriations not later than 180 days after enactment of this Act and 12 months thereafter, on all United States Government assistance provided to the Government of Uzbekistan and expenditures made in support of the Northern Distribution Network in Uzbekistan, including any credible information that such assistance or expenditures are being diverted for corrupt purposes: Provided further , That information provided in the report required by the previous proviso may be provided in a classified annex and such annex shall indicate the basis for such classification: Provided further , That for the purposes of the application of section 7076(e) to this Act, the term assistance shall not include expanded international military education and training. requests for documents 7064. None of the funds appropriated or made available pursuant to titles III through VI of this Act shall be available to a nongovernmental organization, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development. Limitations on Family Planning/Reproductive Health 7065. (a) None of the funds appropriated or otherwise made available by this Act may be made available for the United Nations Population Fund. (b) None of the funds appropriated or otherwise made available by this Act for population planning activities or other population assistance may be made available to any foreign nongovernmental organization that promotes or performs abortion, except in cases of rape or incest or when the life of the mother would be endangered if the fetus were carried to term. international prison conditions 7066. Funds appropriated by this Act to carry out the provisions of chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, may be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to eliminate inhumane conditions in foreign prisons and other detention facilities. prohibition on use of torture 7067. None of the funds made available in this Act may be used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the United States Government. extradition 7068. (a) None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings International Narcotics Control and Law Enforcement , Migration and Refugee Assistance , Emergency Migration and Refugee Assistance , and Nonproliferation, Anti-terrorism, Demining and Related Assistance ) for the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer, as specified in a United States extradition request. (b) Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has an extradition treaty and the government of that country is in violation of the terms and conditions of the treaty. (c) The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interests of the United States. commercial leasing of defense articles 7069. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt, and NATO, and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act. independent states of the former soviet union 7070. (a) None of the funds appropriated by this Act under the headings Global Health Programs , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided , That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States. (b) Funds appropriated by this Act under the heading Economic Support Fund may be made available, notwithstanding any other provision of law, for assistance and related programs for the countries identified in section 3(c) of the Support for Eastern European Democracy Act of 1989 ( Public Law 101–179 ) and section 3 of the FREEDOM Support Act ( Public Law 102–511 ) and may be used to carry out the provisions of those Acts: Provided , That such assistance and related programs from funds appropriated by this Act under the headings Global Health Programs , Economic Support Fund , and International Narcotics Control and Law Enforcement shall be administered in accordance with the responsibilities of the coordinator designated pursuant to section 601 of the Support for Eastern European Democracy Act of 1989 ( Public Law 101–179 ) and section 102 of the FREEDOM Support Act ( Public Law 102–511 ). (c) Section 907 of the FREEDOM Support Act shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104–201 or non-proliferation assistance; (2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2421 ); (3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity; (4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2191 et seq. ); (5) any financing provided under the Export-Import Bank Act of 1945; or (6) humanitarian assistance. international monetary fund 7071. (a) The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 shall apply to this Act. (b) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before other private creditors. (c) The Secretary of the Treasury shall report to the Committees on Appropriations, not later than 45 days after enactment of this Act, a description and estimate of IMF surcharges on outstanding and new loans for calendar years 2011, 2012, and 2013; the IMF’s internal use of funds derived from such surcharges; and details of the IMF’s internal budget for the calendar years 2011, 2012, and 2013. russian federation 7072. (a) None of the funds appropriated under title III of this Act may be made available for assistance for the central Government of the Russian Federation. (b) Not later than 180 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations describing the support of the Government of the Russian Federation for— (1) the Government of Syria, including arms sales and the use of such arms against civilian populations; (2) the Government of Iran, including support for nuclear research, cooperation, and sanctions; (3) persecution of government critics, civil society, democratic opposition, and domestic and international nongovernmental and media organizations, and a detailed description of such actions; (4) perpetuation of official corruption, including its impact on governance and the economy in Russia; and (5) discrimination against religious groups or religious communities in Russia in violation of international agreements on human rights and religious freedom. (c) The report required by subsection (b) shall also include a description of efforts by the Government of the Russian Federation to investigate and prosecute law enforcement personnel alleged to have committed human rights abuses against opposition political leaders, businessmen, social activists, and journalists. prohibition on first-class travel 7073. None of the funds made available in this Act may be used for first-class travel by employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. Limitation on certain awards 7074. (a) Convictions None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency has direct knowledge of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) Unpaid taxes None of the funds made available by this Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency has direct knowledge of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (c) Implementation The requirements of this section shall be implemented 180 days after enactment of this Act. enterprise funds 7075. (a) None of the funds made available under titles III through VI of this Act may be made available for Enterprise Funds unless the Committees on Appropriations are notified at least fifteen days in advance. (b) Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund. (c) Prior to a transition to and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall submit such transition or operating plan to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations. operating and spend plans 7076. (a) Operating Plans Not later than 30 days after the date of enactment of this Act, each department, agency, or organization funded in titles I and II, and the Department of the Treasury and Independent Agencies funded in title III of this Act, including the Inter-American Foundation and the African Development Foundation, shall submit to the Committees on Appropriations an operating plan for funds appropriated to such department, agency, or organization in such titles of this Act, or funds otherwise available for obligation in fiscal year 2014, that provides details of the use of such funds at the program, project, and activity level. (b) Spend Plans Prior to the initial obligation of funds, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), shall submit to the Committees on Appropriations a single detailed spend plan for each of the following— (1) funds made available in titles III and IV of this Act for assistance for Iraq, Haiti, Colombia, and Mexico, for the Caribbean Basin Security Initiative, and for the Central American Regional Security Initiative; (2) funds made available for assistance for countries or programs and activities referenced in— (A) section 7032; (B) sections 7039 and 7040; (C) section 7042(a), (e), (f), and (i); (D) section 7043(b); and (E) section 7046(a) and (b); (3) funds appropriated in title III for food security and agriculture development programs; and (4) Not later than 45 days after enactment of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed spend plan for funds made available during fiscal year 2013 under the heading Development Credit Authority . (c) Notifications The spend plans referenced in subsection (b) shall not be considered as meeting the notification requirements under section 7015 of this Act or under section 634A of the Foreign Assistance Act of 1961. rescissions 7077. (a) Export-Import Bank (1) Of the amounts made available under the heading Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation from Acts prior to fiscal year 2010 making appropriations for the Department of State, foreign operations, and related programs, $245,000,000 shall be deobligated and rescinded. (2) Of the unexpended balances available under the heading Export and Investment Assistance, Export-Import Bank of the United States, Subsidy Appropriation from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $50,000,000 are rescinded. (b) Economic support fund Of the unexpended balances available to the President for bilateral economic assistance under the heading Economic Support Fund from prior Acts making appropriations for the Department of State, foreign operations, and related programs, $477,626,000 are rescinded: Provided , That no amounts may be rescinded from amounts that were designated by Congress as an emergency requirement or for Overseas Contingency Operations/Global War on Terrorism pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Reduction Act of 1985. (c) The Secretary of State, as appropriate, shall consult with the Committees on Appropriations at least 15 days prior to implementing the rescissions made in subsection (b). reforms related to general capital increases 7078. Funds appropriated or otherwise made available by this Act may not be disbursed for a United States contribution to the general capital increases of the International Bank for Reconstruction and Development (World Bank), the African Development Bank (AfDB), or the Inter-American Development Bank (IDB) until the Secretary of the Treasury certifies and reports to the Committees on Appropriations that such institution, as appropriate, is successfully implementing— (1) specific reform commitments agreed to by the World Bank and the AfDB as described in the Pittsburgh Leaders' Statement issued at the Pittsburgh G20 Summit in September 2009 concerning sound finances, effective management and governance, transparency and accountability, focus on core mission, and results; (2) specific reform commitments agreed to by the IDB in Resolution AG–7/10 Report on the Ninth General Capital Increase in the resources of the Inter-American Development Bank as approved by the Governors on July 12, 2010, including transfers of at least $200,000,000 annually to a grant facility for Haiti; (3) procurement guidelines that maximize international competitive bidding in accordance with sound procurement practices, including transparency, competition, and cost-effective results for borrowers; (4) best practices for the protection of whistleblowers from retaliation, including best practices for legal burdens of proof, access to independent adjudicative bodies, results that eliminate the effects of retaliation, and statutes of limitation for reporting retaliation; (5) a requirement that each candidate for budget support or development policy loans provides an assessment of reforms needed to budgetary and procurement processes to encourage transparency, including budget publication and public scrutiny, prior to loan approval; (6) public disclosure of external and internal performance and financial audits of such institution's projects on the institution's Web site; (7) policies concerning the World Bank's proposed Program for Results (P4R) including to: require that projects with potentially significant adverse social or environmental impacts and projects that affect indigenous peoples are either excluded from P4R or subject to the World Bank's own policies; require that at the close of the pilot there will be a thorough, independent evaluation, with input from civil society and the private sector, to provide guidance concerning next steps for the pilot; and fully staff the World Bank Group's Integrity Vice Presidency, with agreement from Borrowers on the World Bank's jurisdiction and authority to investigate allegations of fraud and corruption in any of the World Bank's lending programs including P4R; and (8) concerning the World Bank, public disclosure of information regarding International Finance Corporation (IFC) subprojects when the IFC is funding a financial intermediary, including— (A) requiring that higher-risk subprojects comply with the relevant Performance Standard requirements; and (B) agreeing to periodically disclose on the IFC Web site a listing of the name, location, and sector of high-risk subprojects supported by IFC investments through private equity funds. use of funds in contravention of this act 7079. If the President makes a determination not to comply with any provision of this Act on constitutional grounds, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program and policy. united nations arms trade treaty 7080. None of the funds made available in this Act may be used to implement the Arms Trade Treaty, or any similar agreement, or to conduct activities relevant to the Arms Trade Treaty, or any similar agreement, unless the Arms Trade Treaty has been signed by the President, received the advice and consent of the Senate, and has been the subject of implementing legislation by Congress. Limitation relating to individuals detained at naval station, guantanamo bay, cuba 7081. None of the funds made available in this Act, or any prior Act making appropriations for the Department of State, foreign operations, and related programs, may be obligated for any country, including a state with a compact of free association with the United States, that concludes an agreement with the United States to receive by transfer or release individuals detained at Naval Station, Guantanamo Bay, Cuba, unless, not later than five days after the conclusion of the agreement, but prior to implementation of the agreement, the Secretary of State notifies the Committees on Appropriations in writing of the terms of the agreement. Budget Presentations 7082. (a) Presentation of Congressional Budget Justification The Congressional Budget Justifications for Department of State Operations and Foreign Operations shall be provided to the Committees on Appropriations concurrent with the date of submission of the President’s budget for fiscal year 2015. (b) Justified programs None of the funds made available by this Act may be used to eliminate or reduce funding for a program, project or activity as proposed in the President’s budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this Act. special defense acquisition fund 7083. Not to exceed $100,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the purposes of the Special Defense Acquisition Fund (Fund), to remain available for obligation until September 30, 2016: Provided, That the provision of defense articles and defense services to foreign countries or international organizations from the Fund shall be subject to the concurrence of the Secretary of State. local competition 7084. (a) Requirements for exceptions to competition for local entities Funds appropriated by this Act that are made available to the United States Agency for International Development (USAID) may only be made available for limited competitions through local entities if— (1) prior to the determination to limit competition to local entities, USAID has— (A) assessed the level of local capacity to effectively implement, manage, and account for programs included in such competition; and (B) documented the written results of the assessment and decisions made; and (2) prior to making an award after limiting competition to local entities— (A) each successful local entity has been determined to be responsible in accordance with USAID guidelines; and (B) effective monitoring and evaluation systems are in place to ensure that award funding is used for its intended purposes; and (3) no level of acceptable fraud is assumed. (b) In addition to the requirements of paragraph (1), the USAID Administrator shall report, on a semi-annual basis, to the Committees on Appropriations on all awards subject to limited or no competition for local entities: Provided , That such report should be posted on the USAID Web site: Provided further , That the requirements of this subsection shall only apply to awards in excess of $3,000,000 and sole source awards to local entities in excess of $2,000,000. afghanistan audits 7085. None of the funds made available in this Act may be used to pay more than 75 percent of the salary of the Secretary of State or the Special Representative for Afghanistan and Pakistan during the period beginning on July 1, 2014, and ending on September 30, 2014, unless as of July 1, 2014, the Department of State has submitted to the Committees on Appropriations of the House of Representatives and the Senate a plan to implement the recommendations of the July 2013 SIGAR audit 13–12. VIII Overseas Contingency Operations/Global War on Terrorism Department of State Administration of foreign affairs Diplomatic and consular programs (including transfer of funds) For an additional amount for Diplomatic and Consular Programs , $2,171,512,000, to remain available until September 30, 2015, of which $390,961,000 is for Worldwide Security Protection and shall remain available until expended: Provided , That the Secretary of State may transfer up to $100,000,000 of the total funds made available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further , That any such transfer shall be treated as a reprogramming of funds under subsections (a) and (b) of section 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Office of inspector general For an additional amount for Office of Inspector General , $59,650,000, to remain available until September 30, 2015, of which $55,864,000 shall be for the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Educational and cultural exchange programs For an additional amount for Educational and Cultural Exchange Programs , as authorized, $12,500,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Embassy security, construction, and maintenance For an additional amount for Embassy Security, Construction, and Maintenance , $250,000,000, to remain available until expended: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. International organizations contributions to international organizations For an additional amount for Contributions to International Organizations , $74,400,000: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. related agency broadcasting board of governors international broadcasting operations For an additional amount for International Broadcasting Operations , $32,502,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. United states agency for international development Funds appropriated to the president Operating expenses For an additional amount for Operating Expenses , $240,702,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. office of inspector general For an additional amount for Office of Inspector General , $10,038,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Bilateral Economic Assistance Funds Appropriated to the President International Disaster Assistance For an additional amount for International Disaster Assistance , $156,398,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Transition initiatives For an additional amount for Transition Initiatives , $13,845,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Economic support fund For an additional amount for Economic Support Fund , $1,541,374,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Department of State Migration and refugee assistance For an additional amount for Migration and Refugee Assistance , $720,728,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. International security assistance Department of state International narcotics control and law enforcement For an additional amount for International Narcotics Control and Law Enforcement , $554,574,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Nonproliferation, anti-terrorism, demining and related programs For an additional amount for Nonproliferation, Anti-terrorism, Demining and Related Programs , $114,592,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. peacekeeping operations For an additional amount for Peacekeeping Operations , $136,185,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Funds appropriated to the president Foreign military financing program For an additional amount for Foreign Military Financing Program , $811,000,000, to remain available until September 30, 2015: Provided , That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. general provisions additional appropriations 8001. Notwithstanding any other provision of law, funds appropriated in this title are in addition to amounts appropriated or otherwise made available in this Act for fiscal year 2014. extension of authorities and conditions 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts in this Act shall be available under the authorities and conditions applicable to such appropriations accounts. rescission 8003. Of the unexpended balances from funds appropriated under title VIII in division I of Public Law 112–74 under the heading Pakistan Counterinsurgency Capability Fund and designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, $380,000,000 is rescinded. transfer of funds 8004. Funds appropriated by this Act and designated for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, under the heading Administration of Foreign Affairs may be transferred to, and merged with, funds appropriated by this title under such heading if the Secretary of State determines such transfer is necessary for implementation of the recommendations of the Benghazi Accountability Review Board or other security requirements: Provided , That no such transfer shall exceed 20 percent of any appropriation made available for the current fiscal year for the Department of State under the heading Administration of Foreign Affairs and no such appropriation shall be increased by more than 10 percent by any such transfers: Provided further , That any such transfer shall be treated as a reprogramming of funds under subsections (a) and (b) of this Act: Provided further , That the transfer authority in this section is in addition to any transfer authority otherwise available under any other provision of law. designation 8005. Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. IX Additional General Provision spending reduction account 9001. The amount by which the applicable allocation of new budget authority made by the Committee on Appropriations of the House of Representatives under section 302(b) of the Congressional Budget Act of 1974 exceeds the amount of proposed new budget authority is $0. This Act may be cited as the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 . July 30, 2013 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

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